2026-03-03_ - PC 2004 -PEORIA-COTTON-IGA.PDF
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INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY AND THE CITY OF SURPRISE FOR THE INSTALLATION OF A TRAFFIC SIGNAL POLE IN COUNTY RIGHT OF WAY This Intergovernmental Agreement (Agreement) is between the County of Maricopa, a political subdivision of the State of Arizona (County), and the City of Surprise, a municipal corporation (City). The County and Surprise are collectively referred to as the Parties or individually as a Party. 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 for joint or cooperative action. BACKGROUND 4. The intersection of Peoria Avenue and Cotton Lane is currently an unsignalized four-way- stop sign intersection that experiences longer than average traffic queuing during peak hours. 5. The County intends to signalize and otherwise improve the intersection of Peoria Avenue and Cotton Lane, among other improvements to Peoria Avenue, from Citrus Road to State Route 303, and has identified this Transportation Improvement Project (TIP) as TT0576. TT0576 is currently in design and is funded for construction in Fiscal Year 2029. The project is being designed to City standards with the intent of being annexed by the City. 6. In an effort to immediately address the current traffic queuing along both Peoria Avenue and Cotton Lane, the City intends to construct an interim traffic signal at the Peoria Avenue and Cotton Lane intersection that will be designed to City standards and maintained by the City. This interim traffic signal is intended to improve operations until at such time the County and/or surrounding developments complete TT0576 and/or otherwise complete the full buildout of the intersection. 7. The City has requested permission to restripe Peoria Avenue, east of Cotton Lane, and to erect a traffic signal pole in the southeast corner of Peoria Avenue and Cotton Lane intersection (Project). Both of these improvements are located within County right of way, as depicted in Exhibit A, which is attached to this Agreement and incorporated by reference. Docusign Envelope ID: BC39FC73-DED7-4AD0-A39B-953D2EC6D7F3 PURPOSE OF THE AGREEMENT 8. The purpose of this Agreement is to identify and define the responsibilities of the Parties for the Project, including but not limited to cost-sharing, design, permitting, environmental clearance, utility relocation, construction, and construction management. TERMS OF THE AGREEMENT 9. County responsibilities: 9.1 Have no financial contribution towards the Project. 9.2 Issue no-cost permits for design, construction, and traffic control, as necessary, to the City for all Project-related work performed within the jurisdiction of the County. 9.3 Review and provide comments to the City within twenty (20) working days of receipt of the design plans. 9.4 Not be liable for design deficiencies included in the traffic signal, signing, and striping improvement scope, traffic control, construction, or inspection approvals upon execution of this Agreement. 9.5 Not be liable for any existing roadside design deficiencies that are not in the scope of the signal improvement Project. 9.6 Participate in the final inspection of the Project with the City. 10. City responsibilities: 10.1 Act as the lead agency for all aspects of the interim traffic signal installation Project. 10.2 Be responsible for one hundred percent (100%) of the Project Cost related to the interim traffic signal. 10.3 Apply to the County for no-cost permits for design, construction, and traffic control, as necessary, for all Project-related work performed within the jurisdiction of the County. 10.4 Design and construct the Project to City standards. 10.5 Provide the County with copies of design plans for review and comment. 10.6 Be solely responsible for the costs of time by City staff that are dedicated to the Project, including plan reviews and inspections. 10.7 Participate with the County in the final inspection of the Project. 10.8 Operate, maintain and accept all liability for all Project elements, including signal poles, cabinets, striping, curbs etc., upon execution of this Agreement. Docusign Envelope ID: BC39FC73-DED7-4AD0-A39B-953D2EC6D7F3 10.9 Indemnify and defend the County for all claims related to any existing roadside design deficiencies for traffic claims at the intersection of Peoria Avenue and Cotton Lane. GENERAL TERMS AND CONDITIONS 11. To the extent permitted by law, each Party will indemnify, defend, and hold 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, damage or claim of any nature whatsoever that 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. 12. 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 for 10 years, or until all responsibilities of the Parties in this Agreement have been completed, whichever is first to occur. In any event this Agreement shall terminate upon the County’s final design, construction, and completion of TT0576, and any amendments or supplements thereto. 13. The City’s maintenance obligations hereunder shall remain in full force and effect for the duration of this Agreement. The Parties may choose to further identify, define, and obligate each other for ongoing maintenance obligations for the Project through one or more future Intergovernmental Agreements. 14. This Agreement may be amended only upon written agreement by all Parties. 15. This Agreement is subject to the provisions of A.R.S. § 38-511. 16. The Parties warrant that they are following A.R.S. § 41-4401 and further acknowledge that: 16.1 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 A.R.S. § 23- 214(A), and shall keep a record of the verification for the duration of the employee’s employment or at least three (3) years, whichever is longer. 16.2 Any breach of the warranty shall be deemed a material breach of this agreement of which breaching party may be liable for penalties including termination of the agreement. 16.3 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 that the contractor agrees to make all papers and employment records of said employee available during normal working hours to facilitate such an inspection. Docusign Envelope ID: BC39FC73-DED7-4AD0-A39B-953D2EC6D7F3 16.4 Nothing in this Agreement shall make any contractor or subcontractor an agent or employee of the Parties to this Agreement. 17. 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. § 4842. 18. 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: 18.1 The forced labor of ethnic Uyghurs in the People's Republic of China. 18.2 Any goods or services produced by the forced labor of ethnic Uyghurs in the People's Republic of China. 18.3 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. 19. 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. 20. All notices required under this agreement to be given in writing shall be sent to: Maricopa County Department of Transportation Attn: Intergovernmental Relations Branch 2901 W. Durango Street Phoenix, Arizona 85009 TaiAnna.Yee@maricopa.gov City of Surprise Attn: City Manager Docusign Envelope ID: BC39FC73-DED7-4AD0-A39B-953D2EC6D7F3 16000 North Civic Center Plaza Surprise, Arizona 85374 Andrea.davis@surpriseaz.gov All notices required or permitted by this Agreement or applicable law shall be in writing and may be delivered by e-mail, 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 Service or courier for delivery. Notice given by e-mail shall be deemed delivered one business day after the e- mail was sent. 21. 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. 22. 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. If a court of competent jurisdiction finds that any provision is invalid, all remaining provisions shall remain in full effect. 23. No waiver of any term of this Agreement shall be deemed to be a continuing waiver of such term. 24. 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. 25. 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. Electric signatures are acceptable as original signatures. 26. The Parties will execute and 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. 27. The venue for any claim arising out of or in any way related to this Agreement shall be Phoenix, Arizona. 28. This Agreement shall be governed by the laws of the State of Arizona. End of Agreement - Signature Pages Follow Docusign Envelope ID: BC39FC73-DED7-4AD0-A39B-953D2EC6D7F3 Docusign Envelope ID: BC39FC73-DED7-4AD0-A39B-953D2EC6D7F3 IN WITNESS WHEREOF, the Parties have executed this Agreement. MARICOPA COUNTY Recommended by: Jesse Gutierrez, P.E. Date Transportation Director Approved and Accepted by: Chair Date Board of Supervisors Attest by: Clerk of the Board Date APPROVAL OF DEPUTY COUNTY ATTORNEY The foregoing Agreement has been reviewed pursuant to A.R.S. § 11-952, by the undersigned Deputy County Attorney, who has determined that it is in proper form and within the powers and authority granted to the Board of Supervisors under the laws of the State of Arizona. Deputy County Attorney Date Docusign Envelope ID: BC39FC73-DED7-4AD0-A39B-953D2EC6D7F3 2/26/2026 2/26/2026