IGA CITY OF PHOENIX-TRAFFIC SIGNALS DYNAMITE BLVD.PDF

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INTERGOVERNMENTAL AGREEMENT
BETWEEN MARICOPA COUNTY AND THE CITY OF PHOENIX
FOR TRAFFIC SIGNAL INSTALLATIONS AND IMPROVEMENTS
AT DYNAMITE BOULEVARD AND 52ND STREET
AND LONE MOUNTAIN ROAD AND 56TH STREET
(MCDOT PROJECT #TT424)
(CITY OF PHOENIX PROJECT #ST89330158)
(C-64-14- -M-00)
This Intergovernmental Agreement (Agreement) is between the County of Maricopa, a
political subdivision of the State of Arizona (County), and the City of Phoenix, a
municipal corporation (City). The County and the City are collectively referred to as the
Parties or individually as a Party.
STATUTORY AUTHORIZATION
1. A.R.S. Section 11-251 and Sections 28-6701 ef. seq. authorize the County to lay
out, maintain, contro! and manage public roads in the County.
2. A.R.S. Sections 11-951 ef seg. authorize public agencies to enter into
Intergovernmental Agreements for the provision of services or for joint or
cooperative action.
3. A.R.S. Section 9-240 and Sections 9-276 ef. seq. authorize the City to lay out
and establish, regulate and improve streets within the City and to enter into this
Agreement.
BACKGROUND
4. The County, acting through the Maricopa County Department of Transportation
(NCDOT), completed a traffic signal warrant study for the intersection of
Dynamite Boulevard and 52nd Street (Intersection One) on October 17, 2011.
The study concluded that the intersection meets warrants to install a traffic
signal. This intersection also meets traffic signal warrant criteria for the City.
5. The City and the County independently completed traffic signal warrant studies
over the past year for Lone Mountain Road and 56th Street (Intersection Two).
Both Parties concluded that Intersection Two meets warrants to install a traffic
signal.
Page 1 of 11

The County and the City agree to jointly participate in the traffic signal installation
and improvements at Intersection One and Intersection Two as prescribed in this
Agreement.
Intersection One Project Details:
7.1 Project Location. Approximately eighty-nine percent (89%) of the project
area of Intersection One is located in County jurisdiction, and
approximately eleven percent (11%) of the project area of Intersection
One is located in City jurisdiction. The property north of the intersection is
located within the City’s jurisdiction. The property south of the Intersection
is owned by the Arizona State Trust and is managed by the Arizona State
Land Department (ASLD). Dynamite Boulevard is operated and
maintained by the County, and 52nd Street is maintained by the City.
7.2 Project Description. The project limits are approximately 1,000 feet east
and west of the intersection on Dynamite Boulevard and approximately
500 feet north of the intersection on 52nd Street. Improvements will
include the installation of a new traffic signal.
7.3 Project Cost and Schedule. The total estimated cost of Intersection One
is $172,378. Construction is expected to begin in fiscal year 2017. The
proposed cost share amongst the Parties is based on the proportion of
project area in each respective Party’s jurisdiction, as described in
Paragraph 7.1. Accordingly, the County is responsible for eighty-nine
percent (89%) of the total cost, currently estimated at $153,417, and the
City is responsible for eleven percent (11%) of the total cost, currently
estimated at $18,961.
Intersection Two Project Details:
8.1 Project Location. Approximately eighteen percent (18%) of the project
area of Intersection Two is located in County jurisdiction, and
approximately eighty-two percent (82%) of the project area of Intersection
Two is located in City jurisdiction. The property north and southwest of the
intersection is located within the City’s jurisdiction. The property southeast
of the intersection is located in unincorporated Maricopa County. Lone
Mountain Road east of the intersection is operated and maintained by the
County, Lone Mountain Road west of the intersection is operated and
maintained by the City; 56" Street north of the intersection is maintained
by the City and 56" Street south of the intersection is maintained by the
City.
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8.2 Project Description. The project limits are approximately 500 feet east
and west of the intersection on each side of 56th Street and approximately
500 feet south and north of the intersection on Lone Mountain Road.
Improvements will include the installation of a new fully actuated traffic
signal control.
8.3. Project Cost and Schedule. The total estimated cost of Intersection Two
is $186,656. The work was completed in fiscal year 2015. The proposed
cost share amongst the Parties is based on the proportion of project area
in each respective Party’s jurisdiction, as described in Paragraph 8.1. The
City is responsible for eighty-two percent (82%) or $153,058 of the total
cost, and the County is responsible for eighteen percent (18%) or $33,598
of the total cost. The City paid the total cost for improvements to
Intersection Two. The City will not invoice the County for its cost share
responsibility for Intersection Two; instead, the City’s cost share
responsibility for improvements to Intersection One will be reduced by the
amount of the County’s cost share responsibility for improvements to
Intersection Two.
PURPOSE OF THE AGREEMENT
The purpose of this Agreement is to identify and define the roles and
responsibilities of each Party for Intersection One and Intersection Two which
include, but are not limited to, cost sharing, design, permitting, environmental
clearance, right-of-way acquisition, utility relocation, construction and
construction management.
TERMS OF THE AGREEMENT
10. Responsibilities of the County:
10.1 The County shall act as the lead agency on all elements of work for
Intersection One, which shall include but not be limited to design, right-of-
way acquisition, utility relocation, environmental clearance, construction,
and construction management.
10.2 The County shall provide design plans for Intersection One to the City for
review.
10.3. The County shall provide to the City a timely review of all design plans for
Intersection Two, as provided by the City. The County shall provide
comments to the City within ten (10) calendar days after receiving
documents for review.
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10.4 The County shall apply for no-cost permits for work on Intersection One
that lies within the City boundaries.
10.5 The County shall be responsible for eighty-nine percent (89%) of the total
estimated cost for Intersection One. The County’s total estimated cost of
Intersection One is $153,417. The County shall be responsible for
eighteen percent (18%) of the total estimated cost for Intersection Two.
The County’s total estimated cost of Intersection Two is $33,598. The
County's total, combined estimated cost for Intersection One and
Intersection Two is $187,015.
10.6 Upon the completion of construction of Intersection One, the County shall
notify the City and submit final costs of Intersection One.
10.7 Upon completion of construction of Intersection One, the County shall
either:
10.7.1. Invoice the City for any balance owed by the City in order to
accomplish the Parties’ cost shares in accordance with
Paragraphs 8.3, 10.6 and 11.6 of this Agreement; or
10.7.2 Request the City to invoice the County for any balance owed by
the County in order to accomplish the Parties’ cost shares in
accordance with Paragraphs 8.3, 10.6 and 11.6 of this
Agreement, and remit payment to the City within thirty (30)
working days of receipt of a proper invoice from the City.
10.8 Upon completion of traffic signal installation and improvements of
Intersection One, the County shall own, operate and maintain the traffic
signal and that portion of Intersection One within the County's right-of-
way.
10.9 Upon completion of traffic signal installation and improvements of
Intersection Two, the County shall own, operate and maintain the portion
of Intersection Two within the County’s right-of-way.
11. Responsibilities of the City:
11.1 The City shall act as the lead agency on all elements of work for
Intersection Two, which shall include but not be limited to design, right-of-
way acquisition, utility relocation, environmental clearance, construction,
and construction management.
11.2 The City shall provide design plans for Intersection Two to the County for
review.
Page 4 of 11

11.3 The City shall provide to the County a timely review of all design plans for
Intersection One, as provided by the County. The City shall provide
comments to the County within ten (10) calendar days after receiving
documents for review.
11.4 The City shall issue no-cost permits to the County for work on Intersection
One that lies within the City boundaries.
11.5 The City shall be responsible for eleven percent (11%) of the total
estimated cost for Intersection One. The City’s total estimated cost of
Intersection One is $18,961. The City shall be responsible for eighty-two
percent (82%) of the total estimated cost for Intersection Two. The City’s
total estimated cost of Intersection Two is $153,058. The City’s total,
combined estimated cost for Intersection One and Intersection Two is
$172,019.
11.6 Upon receipt of completion and final costs of Intersection One from the
County, the City shall either:
11.6.1 Invoice the County for any balance owed by the County in order
to accomplish the Parties’ cost shares in accordance with
Paragraphs 8.3, 10.6 and 11.6 of this Agreement; or
11.6.2 Remit payment to the County within thirty (30) working days of
receipt of a proper invoice from the County in order to accomplish
the Parties’ cost shares in accordance with Paragraphs 8.3, 10.6
and 11.6 of this Agreement.
11.7 Upon completion of traffic signal installation and improvements of
Intersection Two, the City shall own, operate and maintain the traffic signal
and that portion of the Intersection Two within the City’s right-of-way.
11.8 Upon completion of traffic signal installation and improvements of
intersection One, the City shall own, operate and maintain the portion of
Intersection One within the City’s right-of-way.
Page 5 of 11

GENERAL TERMS AND CONDITIONS
12. By entering into this Agreement, the Parties agree that to the extent permitted by
law, each Party will defend, indemnify and save the other Parties harmless,
including any of the Parties’ departments, agencies, officers, employees, elected
officials or agents, from and against all loss, expense, 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. By entering into this Agreement, each Party
indemnifies the other against all liability (including but not limited to vicarious
liability), losses and damages of any nature for or on account of any injuries or
death of persons or damages to or destruction of property arising out of or in any
way connected with the performance or nonperformance of this Agreement,
except such injury or damage that is occasioned by the negligence of that other
Party. The damages which are the subject of this indemnity shall include but not
be limited to the damages incurred by any Party, its departments, agencies,
officers, employees, elected officials or agents. In the event of an action, the
damages which are the subject of this indemnity shall include costs, expenses of
litigation and reasonable attorney's fees.
13. This Agreement shall become effective as of the date it is approved by the
Maricopa County Board of Supervisors and remain in full force and effect until all
stipulations previously indicated have been satisfied except that it may be
amended upon written Agreement by all Parties. Any Party may terminate this
Agreement upon furnishing the other Party with a written notice at least thirty (30)
days prior to the effective termination date.
14. This Agreement shall be subject to the provisions of A.R.S. Section 38-511.
15, The Parties warrant that they are in compliance with A.R.S. Section 41-4401 and
further acknowledge that:
15.1. 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.
15.2 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.
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15.3. 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.
15.4 Nothing in this Agreement shall make any contractor or subcontractor an
agent or employee of the Parties to this Agreement.
16. Each Party to this Agreement warrants that neither it nor any contractor or
vendor under contract with the Party to provide goods or services toward the
accomplishment of the objectives of this Agreement is suspended or debarred by
any federal agency which has provided funding that will be used in the Project
described in this Agreement.
17. Each of the following shall constitute a material breach of this Agreement and an
event of default (“Default”) hereunder: A Party’s failure to observe or perform any
of the material covenants, conditions or provisions of this Agreement to be
observed or performed by that Party (“Defaulting Party”), where such failure
continues for a period of thirty (30) days after the Defaulting Party receives
written notice of such failure from the non-defaulting party 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, but the total aggregate cure period shall not
exceed ninety (90) days unless the Parties agree in writing that additional time is
reasonably necessary under the circumstances to cure the default. In the event
a Defaulting Party fails to perform any of its material obligations under this
Agreement and is in Default, the non-defaulting party, at its option, may terminate
this Agreement. Further, upon the occurrence of any Default and at any time
thereafter, the non-defaulting party may, but shall not be required to, exercise
any remedies now or hereafter available to it at law or in equity.
18. All notices required under this agreement to be given in writing shall be sent to:
Maricopa County Department of Transportation
Attn: Intergovernmental Relations Branch Manager
2901 West Durango Street
Phoenix, AZ 85009
City of Phoenix Street Transportation
Attn: Plan Review Coordinator
200 West Washington Street, 5th Floor
Phoenix, AZ 85003
Page 7 of 11

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, certified or registered mail or U.S. Postal Service Express Mail, with
postage prepaid, and shall be deemed sufficiently given if served in a manner
specified in this paragraph. Either Party may by written notice to the other specify
a different address for notice. Any notice sent by registered or 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 United States Express Mail or overnight courier that
guarantee next day delivery shall be deemed given 24 hours after delivery of the
notice to the Postal Service or courier.
19. This Agreement does not imply authority to perform any tasks, or accept any
responsibility, not expressly stated in this Agreement.
20. This Agreement does not create a duty or responsibility unless the intention to do
so is clearly and unambiguously stated in this Agreement.
21. This Agreement does not grant authority to control the subject roadway, except
to the extent necessary to perform the tasks expressly undertaken pursuant to
this Agreement.
22. Any funding provided for in this Agreement, other than in the current fiscal year,
is contingent upon being budgeted and appropriated by the Maricopa County
Board of Supervisors and the Phoenix City Council in such fiscal year. This
Agreement may be terminated by any Party at the end of any fiscal year due to
non-appropriation of funds.
23. This Agreement shall be binding upon and inure to the benefit of the Parties and
their respective successors and assignees. Neither Party shall assign its interest
in this Agreement without the prior written consent of the other Party.
24. This Agreement and ail Exhibits attached to this Agreement set forth all of the
covenants, promises, agreements, conditions and understandings between the
Parties to this Agreement, and there are no covenants, promises, agreements,
conditions or understandings, either oral or written, between the Parties other
than as set forth in this Agreement, and those agreements which are executed
contemporaneously with this Agreement. This Agreement shall be construed as a
whole and in accordance with its fair meaning and without regard to any
presumption or other rule requiring construction against the party drafting this
Agreement. This Agreement cannot be modified or changed except by a written
instrument executed by all of the Parties hereto. Each party has reviewed this
Agreement and has had the opportunity to have it reviewed by legal counsel.
Page 8 of 11

25. 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 by reason of the
continuation of any matter previously waived.
26. Wherever possible, each provision of this Agreement shall be interpreted in such
a manner as to be valid under applicable law, but if any provision shall be invalid
or prohibited under the law, such provision shall be ineffective to the extent of
such prohibition or invalidation but shall not invalidate the remainder of such
provision or the remaining provisions.
af. Except as otherwise provided in this Agreement, all covenants, agreements,
representations and warranties set forth in this Agreement or in any certificate or
instrument executed or delivered pursuant to this Agreement shall survive the
expiration or earlier termination of this Agreement for a period of one (1) year.
28. Nothing contained in this Agreement shall create any partnership, joint venture or
other agreement between the Parties hereto. Except as expressly provided in
this Agreement, no term or provision of this Agreement is intended or shall be for
the benefit of any person or entity not a party to this Agreement, and no such
other person or entity shall have any right or cause of action under this
Agreement.
29, Time is of the essence concerning this Agreement. Unless otherwise specified in
this Agreement, the term “day” as used in this Agreement means calendar day. If
the date for performance of any obligation under this Agreement or the last day
of any time period provided in this Agreement falls on a Saturday, Sunday or
legal holiday, then the date for performance or time period shall expire at the
close of business on the first day thereafter which is not a Saturday, Sunday or
legal holiday.
30. Sections and other headings contained in this Agreement are for reference
purposes only and shall not affect in any way the meaning or interpretation of this
Agreement.
31, This Agreement may be executed in two or more counterparts, each of which
shall be deemed an origina! but all of which together shall constitute the same
instrument. Faxed, copied and scanned signatures are acceptable as original
signatures.
32. The Parties agree to 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 pursuant to this Agreement.
33, The Parties hereby agree that the venue for any claim arising out of or in any
way related to this Agreement shall be Maricopa County, Arizona.
Page 9 of 11

34. This Agreement shall be governed by the laws of the State of Arizona.
35. Unless otherwise lawfully terminated by the Parties, this Agreement expires upon
completion and acceptance of the Project and fulfillment of all terms of the
Agreement.
End of Agreement - Signature Page Follows
Page 10 of 14

IN WITNESS WHEREOF, the Parties have executed this Agreement.
MARICOPA COUNTY CITY OF PHOENIX
-
Recommended by: Recommended by: = O
om
A
2 ORK
BBL ~ FR
o1\\20| 201%
Jennifer Toth, P.E. Date = 3
T portation Director
Approved and Accepted by: Approved and Accepted by:
Pitt, fare
Clint Hickman, Chairman Date Ray Dovalina, Jr., PE. Date
Board of Supervisors Street Transportation Director
Attest by: LT CaN attest by:
Fran McCarroll Cris Meyer Date
Clerk of the Board City Clerk
APPROVAL OF DEPUTY COUNTY ATTORNEY
AND ATTORNEY FOR THE CITY OF PHOENIX
| hereby state that | have reviewed the proposed Intergovernmental Agreement and
declare the Agreement to be in proper form and within the powers and authority granted
to the Parties by their respective governing bodies under the laws of the State of
Arizona.
form
Deputy County Attorney Date ACTING City. Attorney 2 wz
Page 11 of 44

CITY OF PHOENIX
REQUEST FOR COUNCIL ACTION
Complete this form per A.R. 4.11.
Refer to the City Council Agenda Process Reference Guide for Assistance
Formal Action: Legal Document:
OR
Bid Award [| Ordinance hx
ACTION License Application [| Amend City Code? (]
REQUESTED Public Hearing C Resolution C]
Other [] Emergency Clause? = [_]
(for use only w/ord. or
res. requests)
IMPACTED DISTRICT 2 AND OUT ADDITIONAL BACKUP MATERIAL CJ
DISTRICT(S) | OF CITY SENT UNDER SEPARATE COVER?
IGA WITH MCDOT FOR TWO TRAFFIC SIGNALS AT DYNAMITE BLVD
SUBJECT | aD 52ND ST; AND LONE MOUNTAIN RD AND 56TH ST
Name Miyesha Harris (P16-404)
REQUESTED PREPARED Department Street Transportation ;
4/20/2016
AGENDA DATE BY
Phone 262-6871
Division Jenny L. Grote, PE, | If prepared for another department:
PTOE Department Name:
APPROVALS Denar ment
Head: Ray Dovalina Jr., PE
Approval:
Bid Surety Required? L | Performance Surety Required L|
INFORM HON Submitted by Low Bidder? [_] Amount?
Contract Required? [| Requisition No.
Contract Amendment? [| Sole Source Contract? [_ |
If Yes, Current Contract No.
CONTRACT
Ordinance = LI
INFORMATION
Approved by: Resolution [|| on Date:
Formal Action [ ]
$ To Be Encumbered? [|
Source of Funds: Fiscal Year?
BUDGET
INFORMATION | Fund Center(s) (SAP-FM):
Commitment Item(s) (SAP-FM):
Availability of Funds Approval Chris Fazio
CITY Approved by
MANAGER’S CM Control No. 69
Mario . Paniagua . (mary Ling) .
OFFICE
Council Action Taken: | Adopted as corrected
CITY CLERK | Ordinance Number: S-42477 RCA No. 76213
DEPARTMENT | Resolution Number: Contract No.
Comments: Impacted District Meeting Date 4/20/2016

changed from District 1 to District 2 ltem No. 62
and Out of City

ITEM DISTRICT 2 AND OUT OFIGA WITH MCDOT FOR TWO
CITY TRAFFIC SIGNALS AT
DYNAMITE BLVD AND 52ND
ST; AND LONE MOUNTAIN RD
AND 56TH ST
Request to authorize the City Manager, or his designee, to enter into an Intergovernmental
Agreement (IGA) with the Maricopa County Department of Transportation (MCDOT) to
collaboratively construct two traffic signals, which meet the traffic signa! warrant criteria for the
City and MCDOT. The signals are being installed at two intersections: Dynamite Boulevard
and 52nd Street (“intersection One”); and Lone Mountain Road and 56th Street (“Intersection
Two”). Further request authorization for the City Treasurer to accept, and for the City Controller
to disburse, all funds related to this item.
Both intersections are multijurisdictional. Maintenance and operation of the signal at
Intersection One is the responsibility of MCDOT and Intersection Two is the responsibility of
the City. Each party agreed to build its respective intersections and create an
intergovernmental agreement to share the costs of the two projects.
Financial Impact
The estimated total City portion of the cost for both intersections is $172,019, or about 48% of
the total, which is available in Street Transportation Department Capital Improvement Program
funds.
Location
The traffic signals are located at Dynamite Boulevard and 52nd Street; and Lone Mountain
Road and 56th Street.
Responsible Department
This item is recommended by Deputy City Manager Mario Paniagua and the Street
Transportation Department.

ORDINANCE S-42477
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
ENTER INTO AN INTERGOVERNMENTAL AGREEMENT
WITH THE MARICOPA COUNTY DEPARTMENT OF
TRANSPORTATION FOR THE CONSTRUCTION OF TWO
TRAFFIC SIGNALS; AND FURTHER AUTHORIZING THE
CITY TREASURER TO ACCEPT AND THE CITY
CONTROLLER TO DISBURSE THE FUNDS FOR THE
PURPOSES OF THIS ORDINANCE.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX as
follows:
SECTION 1. The City Manager, or his designee, is authorized to enter
into an intergovernmental agreement (IGA) with the Maricopa County Department of
Transportation (MCDOT) to construct two traffic signals located at the intersections of
Dynamite Boulevard and 52" Street (Intersection One) and Lone Mountain Road and
56" Street (Intersection Two). As part of the agreement, MCDOT will be responsible for
the construction, operation and maintenance of the Intersection One signal, and the City
will be responsible for the construction, operation and maintenance of the Intersection
Two signal. MCDOT and the City will share the cost of both multijurisdictional
intersection signals. The City’s share of the cost for both signals is ONE HUNDRED
SEVENTY-TWO THOUSAND NINETEEN DOLLARS ($172,019.00).

SECTION 2. The City Treasurer is authorized to accept, and the City
Controller to disburse the funds necessary for purposes of this ordinance.
PASSED by the Council of the City of Phenix this 20th day of April, 2016.
ATTEST:
|
C
hyper ——oiy Clerk
APAROV TO FORM:
4
Acting City Attorney
|
LWL
REVIEWED BY:
EO) 20
City Manager
LWL:ab:1228952; (CM69) (Item62) 4/20/16
2 Ordinance S-42477