2026-2-26_ - PC 1994 -IGA_MCDOT_COP_CONNECTED_VEHICLE_ACCELERATION_ZONE_AGREEMENT_(PART_2)_-_SIGNED.PDF
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1 INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY AND THE CITY OF PHOENIX FOR THE ‘Connected Vehicle Acceleration Zone’ PROJECT (TE088) Federal Grant Award #: 693JJ32550007 COUNTY PROJECT #: TE088 This Intergovernmental Agreement (Agreement) is between the County of Maricopa, a political subdivision of the State of Arizona (County), and the City of Phoenix, an Arizona municipal corporation (City). The County and the City are collectively referred to as the “’Parties” or individually as a “Party”. This Agreement becomes effective as of the date it is approved by the Maricopa County Board of Supervisors and shall have a term of three years once approved by the County and City. STATUTORY AUTHORIZATION 1. The County is authorized, pursuant to Arizona Revised Statutes (A.R.S.) § 11-251 and §§ 28-6701 et. seq., to lay out, maintain, control, and manage public roads within the County. 2. The City is authorized, pursuant to A.R.S. § 9-240 and §§ 9-276 et. seq., to lay out and establish, regulate, and improve streets within the City and to enter into this Agreement. 3. Public agencies are authorized, pursuant to A.R.S. §§ 11-951 et. seq., to enter into Intergovernmental Agreements for the provision of services or joint or cooperative action. 4. The City is empowered by A.R.S § 48-572 and by City Chapter II, Section 2.i. to enter into this Agreement and has by ordinance, a copy of which is attached and made a part of, ordained to enter into this Agreement and has authorized the undersigned to execute this Agreement on behalf of the Local Agency. BACKGROUND 5. The Project seeks to deploy interoperable Connected Vehicle (CV) and Vehicle-to- Everything (V2X) technologies within Maricopa County, enabling vehicular communication with other vehicles, other road users, and roadside infrastructure, with the intent to improve the following: 5.1. Reliability of transit services through Transit Signal Priority (TSP). 164818--0 Docusign Envelope ID: 1B1D70EA-14F0-4EED-9578-EF7B737794C7 2 5.2. Safety of vulnerable road users (VRUs) through detection and alerts. 5.3. Mobility of freight with Freight Signal Priority (FSP). 5.4. Emergency Responder, emergency vehicle priority, post-crash care, and general community safety through Emergency Vehicle Preemption (EVP). 6. The project shall be executed in the following two (2) phases: 6.1. Design, build, and test phase. The expected duration of this phase is eighteen (18) months from the effective start date of the project. 6.2. Operate and evaluate phase. Upon completion of the design, build and test phase, the system will enter operational status. This phase is expected to last between twelve (12) to eighteen (18) months. 7. The Parties may, by mutual Agreement, extend this Agreement through an Addendum, provided there is no material breach of contract during the Design, Build and Test Phase or the Operate and Evaluate Phase. The Parties may also transfer ownership, operational and maintenance responsibilities of the connected vehicle equipment through an Addendum to this Agreement or subsequent Agreements. 8. The Project is funded by local and federal funds through the federal grant award. The total Project cost is $27,452,802. 9. This Agreement is contingent upon the City’s compliance with the Single Audit Act of 1984 and the availability of federal funds through Saving Lives with Connectivity: Accelerating Vehicle-to-Everything (V2X): 9.1. Federal Contract Number: 693JJ32550007 9.2. Catalog of Federal Domestic Assistance (CFDA) Number: 20.205 9.3. Fiscal Years: FY 2025 9.4. Total Project Cost: $27,452,802 9.5. Federal Funded Amount: $19,655,243 9.6. Funding Sources: Saving Lives with Connectivity: Accelerating Vehicle-to- Everything (V2X) 9.7. Project Contact Information: Name: Joe Cottrell, Traffic Technology Branch Manager Agency: Maricopa County Department of Transportation Phone: 480-604-7474 Email:Joe.Cottrell@Maricopa.Gov PURPOSE OF THE AGREEMENT 10. The purposes of this Agreement are to identify the roles and responsibilities of each Party with respect to the Project and define the cost sharing of the local match for the Project. Docusign Envelope ID: 1B1D70EA-14F0-4EED-9578-EF7B737794C7 3 TERMS OF THE AGREEMENT 11. Responsibilities of the County: 11.1. The County is the lead agency for all planning, design, procurement, construction, and construction management for the Project. 11.2. The County will receive and administer the project federal-aid funding for the duration of the Project. 11.3. The County will provide planning, design and installation documents to the City for review in a timely manner. 11.4. The County will request from the City any necessary right-of-way, utility, and environmental clearance background information. 11.5. The County will provide certification of right-of-way with the assistance of the City. 11.6. The County will apply for no-cost permits for Project work within City boundaries. 11.7. The County, or by extension its contractor, will not modify, configure, nor program any devices at a City of Phoenix traffic signal without approval from the City. Holes will be drilled for cable routing per City of Phoenix standards. 11.8. The County, or by extension its contractor, will only conduct work in the City of Phoenix right-of-way in the presence of a City employee. 11.9. The County will provide the construction documents and other resources from the Project to the City’s representative when completed. 11.10. The County shall issue invoices to the City for the required local match contribution. Invoices shall be sent in December of 2025, or immediately following the execution of this Agreement, and July 1, 2026, each in the amount of $993,500 in satisfaction of the City’s total match contribution of $1,987,000. 11.11. The County will provide as-built documentation for all work in the City of Phoenix right-of-way. This may be limited to serial numbers, product information and configurations as no ground disturbance is allowed. Should the City conduct any work, the City shall capture as-built information. 11.12. The County will coordinate any requests for data with the City. The County will supply data to the USDOT as part of the grant requirements. The County will include the City in data discussions after this Agreement is signed. 11.13. The County will include City of Phoenix Arterial Systems Management Traffic Engineering Supervisor or their designee in all procurement evaluations for hardware. The County shall seek certification use for City of Phoenix approved traffic signal controllers from FHWA prior to soliciting these devices. 11.14. The County will own, operate, and maintain the equipment installed within the City’s jurisdiction as part of the Project. This applies to all equipment installed except traffic signal controllers which will become the property of the City of Phoenix upon delivery. Changes in ownership and continued operation will be governed by the provisions outlined in Paragraph 7. Docusign Envelope ID: 1B1D70EA-14F0-4EED-9578-EF7B737794C7 4 11.15. The County shall ensure RSU Devices will not interfere nor disrupt Street Department radio communication system, GPS, CAD systems, and operational functions - electronic and mechanical. Devices shall be independent and isolated from existing Street Department technologies. Devices will be able to be easily accessible and capable of being disengaged by Street Department Staff in the event of any malfunction or disruption of any existing Street Department technology. 11.16. The County will notify the City of planned media and outreach opportunities or events. The County Project Manager will coordinate through the City of Phoenix Arterial Systems Management Traffic Engineering Supervisor. The Parties may participate as necessary but will coordinate messaging 12. Responsibilities of the City: 12.1. The City will support the region’s participation in the Project, including partnership with the USDOT/FHWA and the V2X community for the duration of this Project. 12.2. The City will actively participate in activities throughout the Project to enable the “Use Cases” as described in Volume 1 of MCDOT’s Connected Vehicle Acceleration Zone 12.3. The City will assist in delivery of the Project pursuant to the schedule outlined in Volume 1 of MCDOT’s Connected Vehicle Acceleration Zone or within the Project’s boundaries. 12.4. The City will provide timely review of all procurement, design, and installation documents provided by the County. The City will provide comments to the County within ten (10) working days after receiving documents for review from the County. 12.5. The City will provide the County with any necessary right-of-way, utility, and environmental clearance background information. 12.6. The City will issue the County no-cost permits for Project work within the City boundaries. 12.7. The City will coordinate with the County contractors and partners to install up to 650 Roadside Units (RSUs) or virtual RSUs at signalized intersections throughout the City. Additional quantity may be added by mutual Agreement. 12.8. The City shall receive Econolite Cobalt traffic signal controllers loaded with EOS firmware necessary for upgrading its system to support the requirements of this Project. The exact number of traffic signal controllers shall be determined through the Systems Engineering process. However, it is agreed that the City will receive no fewer than 125 Econolite Cobalt traffic signal controllers loaded with EOS firmware. The final quantity may be adjusted as specified through the Systems Engineering process. 12.9. The City will provide VPN access to the County’s ITS Network Administrator to the communication devices located within the City’s jurisdiction as outlined in Volume 1 of MCDOT’s Connected Vehicle Acceleration Zone within the Project’s boundaries. Docusign Envelope ID: 1B1D70EA-14F0-4EED-9578-EF7B737794C7 5 12.10. The City will not be responsible for the data provided by Signal Phase and Timing (SPaT) messages due to latency issues, communications loss, or other network-related issues. 12.11. The City will not be responsible for the usage of Signal Phase and Timing (SPaT) messages by the end-users. 12.12. The City will dedicate an estimated $250,000 in staff time to support the development, testing, deployment, and operation of the Project. 12.13. Within thirty (30) days of receipt of the invoices from the County pursuant to paragraph 11.10 above, the City will remit the corresponding payment for the local match requirement. The County shall issue invoices to the City in December of 2025, or immediately following the execution of this Agreement, and July 1, 2026, each in the amount of $993,500 for a total local match contribution of $1,987,000. 12.14. The City will provide a total of $1,987,000 in local matching funds for Project expense. 12.15. The City will respond to maintenance, operation, and repairs no later than 45 days after notice of failed City owned equipment. 12.16. The City will provide an employee for maintenance of County owned equipment within 5 working days of the request being made. City employees will be available on weekends and holidays if requested. 12.17. The City will make the City of Phoenix Arterial Systems Management Traffic Engineering Supervisor or their designee available for procurement evaluation panels for hardware. 12.18. The City shall notify the County Project Manager or their designee of any RSUs suspected of producing interference to the City’s radio communication system, GPS, CAD systems, and operational functions. The City shall allow the County the opportunity to rectify the interference within 24 hours of notification. The City reserves the right to disengage all devices in any attempt to mitigate any interference without damage. 12.19. The City will notify the County of any media requests or outreach opportunities or events. The City of Phoenix Arterial Systems Management Traffic Engineering Supervisor will coordinate through the County Project Manager. The Parties may participate as necessary but will coordinate messaging. 12.20. The City will not be obligated to upgrade, modify, configure, nor program any devices, poles, controllers, cabinets, or existing appurtenances. Any request needs to be preapproved by the City of Phoenix Arterial Systems Management Traffic Engineering Supervisor or their designee. GENERAL TERMS AND CONDITIONS 13. To the extent permitted by law, each Party will indemnify, defend, and save the other Party harmless, including any of the Party’s departments, agencies, officers, employees, elected officials, or agents, from and against all liability, loss, expense, Docusign Envelope ID: 1B1D70EA-14F0-4EED-9578-EF7B737794C7 6 damage or claim of any nature whatsoever which is caused by any activity, condition or event arising out of the performance or nonperformance by the indemnifying Party of any of the provisions of this Agreement, including but not limited to injuries or death of persons or damages to or destruction of property. In the event of an action, the damages that are the subject of this indemnity shall include costs, expenses of litigation, and reasonable attorney’s fees. 14. This Agreement shall become effective as of the date it is executed by all the governing bodies of the Parties and shall remain in full force and effect until all stipulations previously indicated have been satisfied. 15. This Agreement may be amended only upon written Agreement by all Parties. 16. This Agreement is subject to the provisions of A.R.S § 38-511. 17. The Parties warrant that they are in compliance with A.R.S Section 41-4401 and further acknowledge that: 17.1. Any contractor or subcontractor who is contracted by a Party to perform work on the Project shall warrant their compliance with all federal immigration laws and regulations that relate to their employees and their compliance with the E- Verify program under A.R.S. Section 23-214(A), and shall keep a record of the verification for the duration of the employee’s employment or at least three years, whichever is longer. 17.2. Any breach of the warranty shall be deemed a material breach of the contract that is subject to penalties up to and including termination of the contract. 17.3. The Parties retain the legal right to inspect the papers of any contractor or subcontractor employee who works on the Project to ensure that the contractor or subcontractor is complying with the warranty above and to require that the contractor make all papers and employment records of said employee available during normal working hours in order to facilitate such an inspection. 17.4. Nothing in this Agreement shall make any contractor or subcontractor an agent or employee of the Parties to this Agreement. 18. Any contractor or subcontractor who engages in for-profit activity and has 10 or more employees, if the value of the contract is a minimum of $1,000,000, certify it is not currently engaged in, and agrees for the duration of this Agreement to not engage in, a boycott of goods or services from Israel. This certification does not apply to a boycott prohibited by 50 U.S.C § 4842 or a regulation issued according to 50 U.S.C. Agreement § 4842. 19. Each Party warrants and certifies that no contractor or vendor under contract with the Party to provide goods or services toward the accomplishment of the objectives of this Agreement currently has, and for the duration of the contract will not, use: 19.1. the forced labor of ethnic Uyghurs in the People’s Republic of China. 19.2. any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China. Docusign Envelope ID: 1B1D70EA-14F0-4EED-9578-EF7B737794C7 7 19.3. any contractors, subcontractors or suppliers that use the forced labor or any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China. If any Party becomes aware during the term of the Agreement that any contractor or vendor is not in compliance with this paragraph, the Party shall notify the other Party within five business days after becoming aware of the noncompliance. Failure of the Party to provide a written certification that the contractor or vendor has remedied the noncompliance within one hundred eighty (180) days after notifying the public entity of its noncompliance, this Agreement shall terminate unless the Term of this Agreement shall end prior to said one hundred eighty (180) day period. 20. It shall be a material breach of this Agreement for a Party to fail to observe or perform any of the material covenants, conditions or provisions of this Agreement, where such failure shall continue for a period of thirty (30) days after the non-defaulting Party provides the defaulting Party with written notice of such failure; provided, however, that such failure shall not be a Default if the defaulting Party has commenced to cure the Default within such thirty (30) day period and thereafter is diligently pursuing such cure to completion. The total aggregate cure period shall not exceed ninety (90) days unless the Parties otherwise agree in writing. In the event of Default, the non- defaulting Party, at its option, may terminate this Agreement without waiving any available remedies at law or in equity. 21. All notices required under this Agreement to be given in writing shall be sent to: Maricopa County Department of Transportation Jesse Gutierrez Transportation Director 2901 West Durango Street Phoenix, AZ 85009 City of Phoenix Briiana Velez, P.E. Street Transportation Director 200 West Washington Street, 5th Floor Phoenix, Arizona 85003 All notices required or permitted by this Agreement or applicable law shall be in writing and may be delivered in person (by hand or courier) or may be sent by regular or certified mail or U.S. Postal Service Express Mail, with postage prepaid, or by commercial delivery service performed with receipt. Any notice sent by certified mail, return receipt requested, shall be deemed given on the date of delivery shown on the receipt card, or if no delivery date is shown, the postmark thereon. If sent by regular mail, the notice shall be deemed given 72 hours after the notice is addressed as required in this paragraph and mailed with postage prepaid. Notices delivered by the United States Express Mail or overnight delivery service that guarantees next-day delivery shall be deemed given 24 hours after delivery of the notice to the Postal Docusign Envelope ID: 1B1D70EA-14F0-4EED-9578-EF7B737794C7 8 Service or courier for delivery. 22. Any funding provided for in this Agreement, other than in the current fiscal year, is contingent upon being budgeted and appropriated by the governing bodies of the Parties in such fiscal year. 23. This Agreement shall be construed as a whole and under its fair meaning and without regard to any presumption or other rule requiring construction against the Party drafting this Agreement. 24. The waiver by any Party of any right granted to it under this Agreement is not a waiver of any other right granted under this Agreement, nor may any waiver be deemed to be a waiver of a subsequent right obtained because of the continuation of any matter previously waived. 25. Except as otherwise provided in this Agreement, all covenants, agreements, representations, and warranties outlined in this Agreement, or any certificate or instrument executed or delivered according to this Agreement shall survive the expiration or earlier termination of this Agreement for a period of one (1) year. 26. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute the same instrument. Electronic signatures are acceptable as original signatures. 27. The Parties will execute and/or deliver to each other such other instruments and documents as may be reasonably necessary to fulfill the covenants and obligations to be performed by such Party according to this Agreement. 28. The venue for any claim arising out of or in any way related to this Agreement shall be Maricopa County, Arizona. 29. This Agreement shall be governed by the laws of the State of Arizona. End of Agreement - Signature Page Follows Docusign Envelope ID: 1B1D70EA-14F0-4EED-9578-EF7B737794C7 9 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement. MARICOPA COUNTY Recommended by: Jesse Gutierrez Date Transportation Director Approved and Accepted by: Chair Date Board of Supervisors Attest by: Clerk of the Board Date APPROVAL OF DEPUTY COUNTY ATTORNEY I hereby state that I have reviewed the proposed Intergovernmental Agreement and declare the Agreement to be in proper form and within the powers and authority granted to the County by the Board of Supervisors under the laws of the State of Arizona. Deputy County Attorney Docusign Envelope ID: 1B1D70EA-14F0-4EED-9578-EF7B737794C7 2/25/2026 2/25/2026 10 CITY OF PHOENIX CITY OF PHOENIX, a municipal corporation Ed Zuercher, City Manager By: Briiana Velez, P.E. Date Street Transportation Director Attest: By: Denise Archibald Date City Clerk APPROVAL OF CITY ATTORNEY I hereby state that I have reviewed the proposed Intergovernmental Agreement and declare the Agreement to be in proper form and within the powers and authority granted to the City by its respective governing body under the laws of the State of Arizona. APPROVED AS TO FORM Julie M. Kriegh, City Attorney By:______ _____ Karen L. Stillwell Date Assistant Chief Counsel 02/10/2026 02/17/2026 02/18/2026 Docusign Envelope ID: 1B1D70EA-14F0-4EED-9578-EF7B737794C7