PEORIA AND REEMS TRAFIC SIGNAL TT0679.PDF

C20-0934 
INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA 
COUNTY, THE CITY OF SURPRISE, AND THE CITY OF GLENDALE 
FOR CONSTRUCTION, OPERATION AND MAINTENANCE OF THE 
TRAFFIC SIGNAL AT PEORIA AVENUE AND REEMS ROAD 
(TT0679) 
(C-64-20-____ -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 Surprise (Surprise), 
a municipal corporation, and the City of Glendale (Glendale), a municipal corporation. 
The County, Surprise and Glendale 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 et. seq. authorize the County to lay
out, maintain, control and manage public roads within the County.
2.
A.R.S. Section 11-951 et. seq. authorizes public agencies to enter into
Intergovernmental Agreements for the provision of services or for joint or
cooperative action.
3.
A.RS. Section 9-240 and Sections 9-276 et. seq. authorize Surprise and Glendale
to lay out and establish, regulate and improve streets within their respective
jurisdictions and to enter into this Agreement.
BACKGROUND 
4.
The intersection of Peoria Avenue and Reems Road is an existing unsignalized
four-way intersection with stop control (see Exhibit A). The County's jurisdiction
includes the west half of the south leg. Surprise's jurisdiction includes the west leg,
the north leg, and the north half of the east leg. Glendale's jurisdiction includes the
south half of the east leg and the east half of the south leg.
5.
The intersection meets signal warrants. The proposed project is to install a new
traffic signal at the Peoria Avenue and Reems Road intersection (Project).
6.
The Project design for the signal has been completed and approved by Surprise
and Glendale. The Project is anticipated to be constructed in Fiscal Year 2021.
3/4/2020 
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7. 
The estimated total Project cost is currently $270,805 (Exhibit 8). The adjacent 
Developer previously paid the Design and Right-of-Way costs. 
8. 
The County will not financially participate in Project enhancements inconsistent 
with the County's Roadway Design Manual, including but not limited to 
landscaping, irrigation, street lighting, visual mitigation, decorative pavers, street 
furniture and any other items inconsistent with the County's Roadway Design 
Manual, unless otherwise specifically identified in this Agreement. 
PURPOSE OF THE AGREEMENT 
9. 
The purpose of this Agreement is to identify and define the responsibilities of the 
County, Surprise, and Glendale for the Project, including but not limited to cost-
sharing, permitting, utility relocation, construction, and construction management. 
TERMS OF THE AGREEMENT 
10. 
This Agreement does not alter the ownership, operation, liabilities, or maintenance 
responsibilities of the Parties for the Project roadways. 
11. 
This agreement includes an estimated cost for the Project. The final cost shares 
shall be based on the actual cost of constructing the Project. 
12. 
Responsibilities of County: 
12.1 
County shall be responsible for twenty-five percent (25%) of the Net Project 
Cost and shall not to exceed $75,000. 
12.2 
County shall remit payment within thirty (30) days of the receipt of an invoice 
from Glendale. 
12.3 County shall issue no-cost permits for any necessary Project related work 
performed within the County. 
12.4 County shall participate in the Project's substantial completion, final 
inspection, and acceptance of the Project. 
13. 
Responsibilities of Glendale: 
13.1 Glendale, or their representative, shall construct the Project and apply to 
the County and Surprise for no-cost permits for any necessary Project 
related work performed outside of their jurisdictions. 
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13.2 Glendale's construction plans, as-built plans, and the completed project 
shall first be reviewed and approved by the City of Surprise and Maricopa 
County before the City of Surprise accepts responsibility for maintenance 
as set forth herein in paragraph 14.2. In the event Surprise finds, decides, 
or determines, in Surprise's sole discretion, that any aspect of the 
construction plans or the construction itself is unsafe or hazardous in any 
way, Glendale shall cure such hazard to Surprise's satisfaction before 
Surprise accepting maintenance responsibilities. 
13.3 Glendale shall be responsible for twenty-five percent {25%) of the Net 
Project Cost. In the event the Net Project Cost exceeds $300,000, Glendale 
shall be responsible for thirty-seven, and one-half percent (37.5%) of the 
Net Project Cost in excess of $300,000. 
13.4 Glendale shall participate in the Project's substantial completion, final 
inspection, and acceptance of the Project. 
13.5 Upon the substantial completion of the Project, Glendale shall invoice the 
County for the County's Net Project Cost-share contribution for the 
intersection. Glendale shall not invoice the County before July 1, 2021. 
13.6 
Upon the substantial completion of the Project, Glendale shall invoice 
Surprise for Surprise's Net Project Cost-share contribution for the 
intersection. Glendale shall not invoice Surprise before July 1, 2022. 
14. 
Responsibilities of Surprise: 
3/4/2020 
14.1 Surprise shall lead the Project's substantial completion, final inspection and 
acceptance of the Project. 
14.2 After reviewing and approving Glendale's pre-construction plans, as-built 
plans, and final construction of the project, Surprise shall assume full 
responsibility for the operation and maintenance costs of the Project, 
including electrical power and communication to the traffic signal and any 
associated luminaries. 
14.3 Surprise shall be responsible for fifty percent (50%) of the Net Project Cost. 
Surprise shall be credited for work already completed towards the 
installation of the Project. This credit is estimated to be $82,650. In the event 
the Net Project Cost exceeds $300,000, Surprise shall be responsible for 
sixty-two and one-half percent {62.5%) of the Net Project Cost in excess of 
$300,000. 
14.4 Surprise shall remit payment within thirty (30) days of the receipt of an 
invoice from Glendale. 
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14.5 Surprise shall issue no-cost permits to Glendale for any necessary Project 
related work performed within Surprise. 
GENERAL TERMS AND CONDITIONS 
15. 
By entering into this Agreement, the Parties agree that to the extent permitted by 
law, each Party will indemnify, defend and save and hold 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 negligent performance or nonperformance 
by the indemnifying Party of any of the provisions of this Agreement. By entering 
into this Agreement, each Party indemnifies the others against all 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 as shall have been caused or contributed to by the negligence of that 
other Parties. 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. 
16. 
This Agreement shall become effective as of the date it is approved by Glendale 
City Council, the Surprise City Council, and 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. 
17. 
This Agreement shall be subject to the provisions of A.R.S. Section 38-511. 
18. 
The Parties warrant that they are in compliance with A.R.S. Section 41-4401 and 
further acknowledge that: 
3/4/2020 
18.1 
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. Section 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. 
18.2 
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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18.3 
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 nonnal working hours in order to facilitate such an inspection. 
18.4 Nothing in this Agreement shall make any contractor or subcontractor an 
agent or employee of the Parties to this Agreement. 
19. 
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. 
20. 
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 perfonned by that Party ("Defaulting Party''), where such failure shall 
continue 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 such circumstances to cure such default. In the event a 
Defaulting Party fails to perform any of its material obligations under this 
Agreement and is in Default pursuant to this Section, 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. 
21. 
All notices required under this agreement to be given in writing shall be sent to: 
3/4/2020 
County: 
Maricopa County Department of Transportation 
Attn: Intergovernmental Relations Branch 
2901 West Durango Street 
Phoenix, Arizona 85009 
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City of Surprise: 
City of Surprise 
Attn: City Manager 
16000 North Civic Center Plaza 
Surprise, Arizona 85374 
City of Glendale: 
City of Glendale 
Attn: City Manager 
6210 West Myrtle Avenue 
Glendale, Arizona 85301 
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. 
22. 
This Agreement does not imply authority to perform any tasks, or accept any 
responsibility, not expressly stated in this Agreement. 
23. 
This Agreement does not create a duty or responsibility unless the intention to do 
so is clearly and unambiguously stated in this Agreement. 
24. 
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. 
25. 
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 Surprise and Glendale City Councils 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. 
26. 
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. 
3/4/2020 
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27. 
This Agreement and all 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. 
28. 
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. 
29. 
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. 
30. 
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. 
31 . 
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. 
3/4/2020 
Page 7 of 11

32. 
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. 
33. 
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. 
34. 
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. Faxed, copied and scanned signatures are acceptable as original 
signatures. 
35. 
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. 
36. 
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. 
37. 
This Agreement shall be governed by the laws of the State of Arizona. 
End of Agreement - Signature Page Follows 
3/4/2020 
Page 8 of 11

IN WITNESS WHEREOF, the Parties have executed this Agreement. 
CITY OF SURPRISE 
Approved and Accepted by: 
~~ 
~
q-15,Jev» 
Skip Hall 
Date 
Mayor 
Attest by: 
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. 
3/4/2020 
Page 9 of 11

IN WITNESS WHEREOF, the Parties have executed this Agreement. 
CITY OF GLENDALE 
Recommended by: 
Date 
Date 
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. 
3/4/2020 
Paga 10 of 11

IN WITNESS WHEREOF, the Parties have executed this Agreement. 
MARICOPA COUNTY 
Recommended by: 
laDocuSigned by: 
~£::04~ 
7/9/2020 
Jennifer Toth, P.E. 
Date 
Transportation Director 
Approved and Accepted by: 
Clint L. Hickman, Chairman 
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. 
(";DocuSigned by: 
~82:~ 
7/13/2020 
Deputy County Attorney 
Date 
3/4/2020 
Page 11 of 11

EXHIBIT A 
Map

EXHIBIT A 
AGENCY JURISDICTIONS 
~ 
GLENDALE 
EEEI MARICOPA COUNTY 
m 
SURPRISE

EXHIBIT B 
Cost Estimate

NO. 
1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
! 
16 
i 
17 
::I .. 
18 
.. .. I 
19 
:I: 
20 
• 21 
z 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
39 
40 
e 41 
'fi s 
42 
"' 
43 
I 44 
CII 
45 
C i 
46 
>< 
w 
47 
48 
49 
50 
CITY OF SURPRISE 
ProJactT2 
Peoria Ave and Reems Rd 
TRAFFIC SIGNAL IMPROVEMENTS 
UNIT 
DESCRIPTION 
QUANTITY 
PRICE 
TRAFFIC SIGNAL 'A' POLE (10') 
1 
EACH 
$1 ,500.00 
TRAFFIC SIGNAL 'J' POLE 
0 
EACH 
$6,500.00 
TRAFFIC SIGNAL 'K' POLE 
0 
EACH 
$7,500.00 
TRAFFIC SIGNAL 'R' POLE 
3 
EACH 
$9,000.00 
TRAFFIC SIGNAL FOUNDATION FOR TYPE J, K, Q, 
ORR POLE 
3 
EACH 
$4,000.00 
TRAFFIC SIGNAL FOUNDATION FOR TYPE 'A' 
POLE 
1 
EACH 
$600.00 
25' SIGNAL MAST ARM 
0 
EACH 
$2,000.00 
30' SIGNAL MAST ARM 
0 
EACH 
$2,500.00 
35' SIGNAL MAST ARM 
1 
EACH 
$3,000.00 
40' SIGNAL MAST ARM 
0 
EACH 
$3,500.00 
45' SIGNAL MAST ARM 
0 
EACH 
$4,000.00 
50' SIGNAL MAST ARM 
3 
EACH 
$4,500.00 
55' SIGNAL MAST ARM 
0 
EACH 
$5,000.00 
20' LUMINAIRE MAST ARM WITH 250W HPS 
LUMINAIRE 
3 
EACH 
$1,800.00 
TYPE 'F' SIGNAL HEAD 
8 
EACH 
$600.00 
TYPE 'G' SIGNAL HEAD 
8 
EACH 
$1,100.00 
TYPE 'R' SIGNAL HEAD 
0 
EACH 
$800.00 
PEDESTRIAN SIGNAL HEAD 
8 
EACH 
$800.00 
VIDEO DETECTION CAMERA WITH ALL 
MOUNTING HARDWARE 
4 
EACH 
$8,000.00 
EMERGENCY PREMPTION SENSOR 
4 
EACH 
$1,000.00 
INTERNALLY ILLUMINATED STREET NAME SIGN 
4 
EACH 
$7,000.00 
PEDESTRIAN PUSH BUTTON 
8 
EACH 
$400.00 
TYPE II HEAD MOUNTING 
4 
EACH 
$1 50.00 
ASTRO BRACKET MOUNTING 
8 
EACH 
$150.00 
TYPE IV HEAD MOUNTING 
1 
EACH 
$300.00 
TYPE V HEAD MOUNTING 
5 
EACH 
$350.00 
TYPE VI HEAD MOUNTING 
0 
EACH 
$350.00 
TYPE VII HEAD MOUNTING 
3 
EACH 
$350.00 
TYPE VIII HEAD MOUNTING 
0 
EACH 
$375.00 
#5 TRAFFIC SIGNAL PULL BOX 
0 
EACH 
$375.00 
#7 TRAFFIC SIGNAL PULL BOX 
2 
EACH 
$800,00 
#7 TRAFFIC SIGNAL PULL BOX WITH EXTENSION 
0 
EACH 
$650.00 
Z' SCH 40 PVC CONDUIT 
50 
L F. 
$1 5.00 
3" SCH 40 PVC CONDUIT 
200 
LF. 
$18.00 
REMOVE EXISTING EQUIPMENT AND DELIVER TO 
CITY OF SURPRISE YARD 
0 LUMPSUM 
$4,300.00 
TRAFFIC SIGNAL CONDUCTORS AND CABLES 
1 LUMPSUM 
$12,000.00 
CONTINGENCY 
10 
% 
$171,050.00 
SUB-TOTAL: 
EXISTING TRAFFIC SIGNAL 'Q' POLE 
1 
EACH 
$8,000.00 
EXISTING TRAFFIC SIGNAL 'Q' POLE (SALVAGE) 
1 
EACH 
$8,000.00 
EXISTING TRAFFIC SIGNAL FOUNDATION FOR 
TYPE J, K Q ORR POLE 
1 
EACH 
$4,000.00 
EXISTING TRAFFIC SIGNAL CONTROLLER 
CABINET WITH ALL CONTROL MODULES 
1 
EACH 
$30,000.00 
EXISTING UNINTURRUPTED POWER SUPPLY 
1 
EACH 
$5,000.00 
EXISTING PEDESTAL MOUNTED METERED 
SERVICE ENCLOSURE 
1 
EACH 
$5,000.00 
EXISTING CCTV CAMERA 
1 
EACH 
$5,000.00 
EXISTING RADIO 
1 
EACH 
$4,900.00 
EXISTING #7 TRAFFIC SIGNAL PULL BOX 
3 
EACH 
$600.00 
EXISTING #7 TRAFFIC SIGNAL PULL BOX WITH 
EXTENSION 
1 
EACH 
$650.00 
EXISTING #9 VAULT 
1 
EACH 
$2,500.00 
EXISTING (2) 3" SCH 40 PVC CONDUIT 
300 
LF. 
$20.00 
EXISTING FIBER OPTIC CONDUIT 
100 
LF. 
$18.00 
SUB-TOTAL: 
TOTAL: 
TOTAL 
PRICE 
$1,500.00 
$0.00 
$0.00 
$27,000.00 
$12,000.00 
$600.00 
$0.00 
$0.00 
$3,000.00 
$0.00 
$0.00 
$13,500.00 
$0.00 
$5,400.00 
$4,800.00 
$8,800.00 
$0.00 
$4,800.00 
$32,000.00 
$4,000.00 
$28,000.00 
$3,200.00 
$600.00 
$1,200.00 
$300.00 
$1 ,750.00 
$0.00 
$1,050.00 
$0.00 
$0.00 
$1,200.00 
$0.00 
$750.00 
$3,600.00 
$0.00 
$12,000.00 
$17,105.00 
$188,155.00 
$8,000.00 
$8,000.00 
$4,000.00 
$30,000.00 
$5,000.00 
$5,000.00 
$5,000.00 
$4,900.00 
$1 ,800.00 
$650.00 
$2,500.00 
$6,000.00 
$1 ,800.00 
$82,650.00 
$270,805.00