Supporting Document (43b5f0fd...)

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Meeting Date:
General Plan Element: 
General Plan Goal:
ACTION
June 23, 2026
Public Services and Facilities
Protect regional transportation networks
Scottsdale Road and Dynamite Intersection Traffic Poie Telecommunication Agreement. Adopt 
Resolution No. 13686 to authorize Telecommunications Pole Reimbursement Agreement No. 2026- 
076-COS between AT&T and the City for installation of a signal pole capable of supporting a future 
wireless communication facility in the amount of $152,051.04. This pole is included within the 
roadway construction plans for Scottsdale Road - Jomax Road to Dixileta Drive (PS 2005).
BACKGROUND
The purpose of this action is to authorize the city to enter into a reimbursement agreement with 
AT&T for the construction of a new traffic signal pole at the southwest corner of N Scottsdale Road 
and E Dynamite Boulevard that will be capable of supporting installation of a future AT&T wireless 
communication facility (WCF). Improvements include conduit, pull box, conductor, a uniquetraffic 
signal foundation, pole, mast arm, and related traffic signal equipment.
AT&T has had a WCF collocated on the existing traffic signal pole at this location since 2005. City 
staff informed AT&T that the existing conditions of the intersection, including signal poles, will be 
changing with the street improvement project. AT&T has relocated its antennas from the existing 
signal pole to a temporary pole to be Out of the way of construction. AT&T has completed a design 
for the ultimate location of its antennas and associated ground-mounted equipment based on the 
final street improvements.
To avoid AT&T having to install a secondary pole designed to support WCF antennas. City staff is 
requesting approval of Contract No. 2026-076-COS, allowing the city's contractor to install a signal 
pole capable of supporting a WCF during construction of the intersection. AT&T will reimburse the 
city $152,051.04 prior to installing its wireless facility equipment. This amount is exclusive of the 
WCF equipment, which shall be provided separately by AT&T.
Actian Taken

City Council Report | Scottsdale Road and Dynamite Intersection Traffic Pole Telecommunication 
Agreement^
ANALYSIS & ASSESSMENT 
Recent Staff Action
On September 24, 2024, Council authorized IFB-062024-182 (Resolution 13188) with Hunter 
Contracting Company for the improvements of Scottsdale Road from Jomax Road to Dixileta Drive, 
including a roundabout at Dynamite Boulevard. On February 13, 2026, a change order was 
authorized, modifying the Scottsdale Road/Dynamite Blvd intersection to a signalized intersection 
that can support AT&T's antennas and reduce the number of poles at the southwest corner.
This modified pole has been designed and approved by the city's engineering team and accepted by 
AT&T as appropriate for their antenna.
RESOURCE IMPACTS 
Available funding
This Council action authorizes receipt of funds from AT&T, a private utility, as a one-time 
reimbursement with no future city expenditures.
Staffing, Workload Impact
The contract administrator, responsible for enforcing all contract provisions, will be Derek Rogers, 
Senior Project Manager, Transportation and Infrastructure.
OPTIONS & STAFF RECOMMENDATION
Recommended Approach
Adopt Resolution No. 13686 to authorize:
Telecommunications Pole Reimbursement Agreement No. 2026-076-COS between AT&T and the 
City for installation of a signal pole capable of supporting a future wireless communication facility in 
the total amount of $152,051.04, included within the roadway construction plans for Scottsdale 
Road - Jomax Road to Dixileta Driye (PS 2005).
, Proposed Next Steps
Upon Council approval, the pole will be installed in September, and the project team will continue 
utility coordination as required by the reimbursement agreement.
Public outreach and community involvement are ongoing. The contractor's outreach coordinator 
will continue sending email updates and managing the project hotline and website to provide timely 
information to the public.
Page 2 of 3

City Council Report | Scottsdale Road and Dynamite Intersection Traffic Pole Telecommunication 
Agreement
RESPONSIBLE DEPARTMENT(S)
Transportation and Infrastructure
STAFF CONTACTfS)
Derek Rogers, Senior Project Manager, 480-312-7637, derrogers^scottsdaleaz.gov
APPROVED BY
Alison Tyml<iw, Seniqif Director - City Engineer,
Transportation and Infrastructure 
480-312-7760, ATvmkiw(5)scottsdaleaz.gov
^2^
Date
Scott Selin, Budget Director
(For Financial Policies Compliance and Budget Appropriation) 
480-312-2603, SSelinPscottsdaleaz.gov
Date
ATTACHMENTS
1. Resolution 13686
2. Location Map
3. AT&T Reimbursement Contract 2026-076-COS
Page 3 of 3

RESOLUTION NO. 13686
A RESOLUTION OF THE COUNCIL OF THE CITY OF SCOTTSDALE, 
MARICOPA COUNTY. ARIZONA APPROVING TELECOMMUNICATIONS 
POLE REIMBURSEMENT AGREEMENT NO. 2026-076-COS BETWEEN AT&T 
AND THE CITY FOR INSTALLATION OF A SIGNAL POLE CAPABLE OF 
SUPPORTING A FUTURE WIRELESS COMMUNICATION FACILITY, IN THE 
AMOUNT OF $152,041.04, TO BE INCLUDED WITHIN THE ROADWAY 
CONSTRUCTION PLANS FOR SCOTTSDALE ROAD - JOMAX ROAD TO 
DIXILETA DRIVE (PS 2005).
WHEREAS, the City has an ongoing construction project for Scottsdale Road - Jomax 
Road to Dixileta Drive (PS 2005); and
WHEREAS, the City has previously entered IFB-062024-182 with Hunter Contracting 
Company for construction services; and
WHEREAS, the scope of work presents an opportunity to increase construction 
efficiency and reduce impacts by coordinating installation of facilities with utility and 
telecommunications providers;
follows:
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Scottsdale as
Section 1. The Mayor of the City of Scottsdale is authorized and directed to execute 
Telecommunications Pole Reimbursement Agreement No. 2026-076-COS between AT&T and 
the City for installation of a signal pole capable of supporting a future wireless communication 
facility in the amount of $152,051.04, to be included within the roadway construction plans for 
Scottsdale Road - Jomax Road to Dixileta Drive (PS 2005).
Section 2. The City Manager and City Treasurer, or their designees, are authorized to 
take such actions as may be necessary to carry out the purposes of this Resolution.
PASSED AND ADOPTED by the Council of the City of Scottsdale this 
dav of
_________________2026.
ATTEST: 
By:
CITY OF SCOTTSDALE, an 
Arizona municipal corporation
Ben Lane, City Clerk 
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
By:
Lisa Borowsky, Mayor
Lkjis-ffl Sanfaella.'Oty^orney 
By: Jennifer Fernanda:/ Assistant City Attorney
Page 1 of 1
ATTACHMENT 1

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PROJECT TITLE
LOCATION 
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CITY OF
SCOnSDALE

TRAFFIC SIGNAL POLE REIMBURSEMENT AGREEMENT 
2026-076-COS; Reso No. 13686
This Reimbursement Agreement (“Agreement”) is entered into by and between the City of 
Scottsdale, an Arizona municipal corporation (“City”), and New Cingular Wireless PCS, LLC, a 
Delaware limited liability company (“AT&T”). City and AT&T may be referred to individually as 
a “Party” and collectively as the “Parties.” This Agreement becomes effective on the date executed 
by all Parties (“Effective Date”).
RECITALS
WHEREAS, City is constructing roadway and intersection improvements at Dynamite 
Boulevard and Scottsdale Road (“Project”); and
WHEREAS, as part of the Project, City has purchased and will install an Enhanced Signal 
Pole Assembly, consisting of an enhanced traffic signal pole, mast arm, signal heads, luminaire 
arm, detection cameras, pedestrian push buttons, walk signs, conduit, pull box, conductor and 
related appurtenances; and
WHEREAS, AT&T intends to seek regulatory permission from City for installation of a 
wireless communication facility (“WCF”) on the Enh^ced Signal Pole Assembly after 
installation; and
WHEREAS, City is willing to construct the Enhanced Signal Pole Assembly as part of the 
Project, and AT&T is willing to reimburse the City for the cost of the Enhanced Signal Pole 
Assembly in a fixed amount of One Hundred Fifty-Two Thousand Fifty-One Dollars and Four 
Cents ($152,051.04); and
WHEREAS, this Agreement does not grant AT&T any right-of-way use rights or 
regulatory approvals, and AT&T must obtain a separate Antenna Site Right-of-Way License 
Agreement and all required City approvals before installing or operating any WCF equipment;
NOW THEREFORE, in consideration of the foregoing and the mutual promises contained 
herein, or attached and incorporated and made a part hereof, the Parties agree as follows:
1. CITY RESPONSIBILITIES
1.1 Construction. City shall construct and install the Enhanced Signal Pole Assembly using 
City-purchased equipment and City-procured contractors.
1.2 Coordination. City shall provide AT&T with reasonable notice of the anticipated installation 
schedule.
Page 1 of5
Contract No. 2026-076-COS 
ATTACHMENT 3

1.3 Acceptance. City shall deteimine when the Enhanced Signal Pole Assembly is accepted for 
public use (“City Acceptance”).
2. AT&T RESPONSIBILITIES
2.1 Reimbursement Amount. AT&T shall reimburse City a fixed lump-sum amount One 
Hundred Fifty-Two Thousand Fifty-One Dollars and Four Cents ($ $152,051.04)) 
(“Reimbursement Amount”), representing the City’s total cost to purchase the Enhanced Signal 
Pole Assembly, including applicable taxes.
2.2 Payment Timing. City shall invoice AT&T after City Acceptance. AT&T shall pay the 
Reimbursement Amount within thirty (30) days of the invoice date.
2.3 WCF Engineering Drawings. AT&T shall provide City v^th engineering dravnngs and 
specifications for its WCF installation in accordance with applicable City codes and industry 
standards.
2.4 Regulatory Approvals. AT&T shall obtain all required City approvals, including an 
Antenna Site Right-bf-Way License Agreenient, before installing or operating any WCF 
equipment. This Agreement does not constitute such approval. If AT&T is unable to secure such 
regulatory approval, AT&T may cancel this Agreement.
3. CHANGE ORDERS
3.1 No Adjustment. AT&T shall not be responsible for any ^ditibnal costs beyond the 
Reimbursement Amovmt.
4. NOTICES
Unless otherwise provided in this Agreement, all notices shall be in writing and will be considered 
properly given and received (1) on the date of service if personally served, or (2) on the third day 
after the date of the postmark of deposit by first class United States mail, registered or certified, 
postage prepaid and properly addressed as follows:
To City:
City of Scottsdale
Attn: Derek Rogers, Project Senior Manager, GIP-Transportation 
7447 E. Indian School Road, Suite 205 
Scottsdale, Arizona 85251
Copy to:
City Attorney’s Office 
3939 N. Drinkwater Blvd.
Scottsdale, Arizona 85251
Page 2 of 5
Contract No. 2026-076-COS

To AT&T:
New Cingular Wireless PCS, LLC
c/o AT&T Mobility
1025 Lenox Park Blvd.NE, 3'** Floor
AUanta, GA 30319
Telephone: (877) 231-5447
Notice by email or facsimile shall not constitute official notice.
Either Party may change its notice address; by giving notice as provided above.
5. GENERAL PROVISIONS
5.1 No Partnership. This Agreement does not create a partnership, joint venture, or similar 
relationship.
5.2 Third Party Beneficiaries. There are no third-party beneficiaries to this Agreement.
5.3 Governing Law; Venue. This Agreement shall be governed by Arizona law. Venue shall lie 
exclusively in Maricopa County, Arizona.
5.5 Cancellation. This Agreement is subject to cancellation pursuant to A.R.S. §38-511.
5.6 Termination.
A. City Termination for Non-Payment. If AT&T fails to pay the Reimbursement Amount 
within thirty (30) days of the invoice date. City may terminate this Agreement.
B. AT&T Cancellation for Failure to Obtain Approvals. If AT&T is unable to obtain all 
required City approvals, including an Antenna Site Right of Way License Agreement, AT&T 
may cancel this Agreement upon written notice to City.
5.7 Non-Liability of City Officials. No City officer, employee, or representative shall be 
personally liable for any obligation under this Agreement.
5.8 Force Majeure. No party will be responsible for delays or failures in performance resulting 
from acts beyond their control. These acts include, but are not limited to, acts of God, riots, acts 
of war, epidemics, pandemics, governmental regulations imposed after the fact, fire, 
communication line failures, or power failures.
5.9 Entire Agreement. This Agreement constitutes the entire agreement between the Parties 
regarding the subject matter and supersedes all prior negotiations or understandings.
5.10 Amendments. Any aniendment must be in writing and signed by both Parties.
Page 3 of 5
Contract No. 2026-076-COS

5.11 Severability. If any provision is held invalid, the remainder shall remain in effect.
5.12 Non-waiver. The failure to enforce any provision shall not constitute a waiver of that 
provision.
5.13 Successors and Assigns. This Agreement binds and benefits the Parties and their permitted 
successors and assigns.
5.14 Further Documents. Each Party agrees to execute, in a timely fashion, any such further 
documents as may be reasonably necessary to carry put the purposes of the Agreement. City’s 
Contract Administrator is authorized to execute such documents on behalf of the City.
New Cingular Wireless PCS, LLC 
A Delaware limited liability company 
By: AT&T Mobility Corporation 
Its: Manager
By:_
Name:
Title:
Page 4 of5
Contract No. 2026-076-COS

CITY OF SCOTTSDALE, an Arizona 
municipal corporation
By:
Lisa Borowsky, Mayor
ATTEST:
Ben Lane, City Clerk 
RECOMMENDED:
By:
Alison Tymkiw, Senior Director - City Engineer 
Transportation and Infrastructure
APPROVED AS TO FORM:
rney
\ Santaella, CitvA^
Jennifer Fernandez 
Assistant City Attorney
Page 5 of 5
Contract No. 2026-076-COS