Pinnacle Peak Road from 99th Avenue to 91st Avenue is a two-lane arterial road owned and maintained by the County.  Unincorporated Maricopa County borders Pinnacle Peak to the north and the City borders Pinnacle Peak to the south.

New residential developments are planned in the City on the south side of Pinnacle Peak Road.  The intent of this intergovernmental agreement is to improve Pinnacle Peak Road to its ultimate arterial section in conjunction with the construction of new development.  Pinnacle Peak Road will be improved to a five-lane arterial road with a raised median.

The County will contribute $2,997,000 toward improvements as its share of the financial responsibility.  The County's total cost share contribution includes road improvements, right-of-way acquisition, and utility relocations for the north half street section.  The County's total cost share contribution is expected to be paid in two payments in Fiscal Year 2018.

Below are the terms of the proposed intergovernmental agreement:

Responsibilities of the County:

• The County shall provide no-cost permits for construction and traffic control.  The County shall not be responsible for plan review and approval, nor inspection and construction approval.
• The County shall provide the City with as-builts, drainage report, maintenance records, utility permit records, utility prior rights information, and sign inventory for the existing improvements of the project area.
• The County shall provide all necessary documentation requested by the City to prove that all existing right-of-way to be annexed by the City has been dedicated and accepted by the County.
• The County shall cost share in the project, not to include any City-requested enhancements.  The County's total cost share contribution shall not exceed $2,997,000.
• Upon the award of contract for the construction of Phase One of the project (95th Avenue to 91st Avenue) and receipt of an invoice from the City, the County shall remit payment to the City within 30 days for 50 percent of the County's total cost share contribution.  The total invoice in not to exceed $1,498,500.
• Upon the completion of annexation of the entire project area and receipt of an invoice from the City, the County shall remit payment to the City within thirty days for the remaining 50 percent of the County's total cost share contribution.  The total invoice is not to exceed $1,498,500.
• Should the annexation be terminated, the County shall remit payment to the City for the remaining fifty percent of the County's total cost share contribution within 30 days of receipt of an invoice and written notification of the termination.

Responsibilities of the City:

• The City shall act as the lead agency on all elements of work for the project, including but not limited to design, right-of-way acquisition, utility relocation, environmental clearance, construction, and construction management.
• The City shall provide the County with a project schedule and at least quarterly project status reports for both Phase One (95th Avenue to 91st Avenue) and Phase Two (99th Avenue to 95th Avenue) of the project.
• The City shall apply for no cost permits, as applicable, for any project-related work that lies within unincorporated County boundaries.
• The City shall ensure contractor liability insurance and will have the contractor list Maricopa County as additional insured for Phase One of the project.
• The City shall construct the project to City standards in compliance with the approved plans and specification.  The City shall be responsible for review and approval of all plans for Phase One and Phase Two of the project.
• The City shall inspect and approve construction for Phase One and Phase Two of the Project.
• The City shall be responsible for traffic control during construction of Phase One and Phase Two of the project, and shall notify the County in advance of approving any lane closures and/or roadway restrictions.  If roadway improvements, including permanent traffic elements, or traffic control extend to other County roadways beyond the project, the City shall apply to the County for separate construction and traffic control permits.
• The City shall assume responsibility and liability for the design, permitting, construction, inspection, operation, maintenance, and repair for the project roadways, traffic control devices, and street lights while the area remains under County jurisdiction, until annexation has been completed.
• The City shall be responsible for contacting property owners, submitting an offer to property owners for the acquisition of the right-of-way, negotiating with property owners for the acquisition of right-of-way, and paying property owners for the right-of-way.
• Upon the award of contract for the construction of Phase One of the project, the City shall invoice the County for 50 percent of the County's total cost share contribution, not to exceed $1,498,500.
• Upon the completion of annexation of the entire project area, the City shall invoice the County for the remaining 50 percent of the County's total cost share contribution, not to exceed $1,498,500.
• Should the actual costs of construction of the project be less than estimated, the City shall reimburse the County for its share of construction costs.
• The City shall annex Pinnacle Peak Road from 99th Avenue to 91st Avenue, including the intersection at 91st Avenue, within the limits of the project within 180 days of completion of Phase One of the project.

A:    Approve an intergovernmental agreement with Maricopa County to improve and annex Pinnacle Peak Road from 99th Avenue to 91st Avenue.

B:     Deny approval of the intergovernmental agreement with Maricopa County.  Roadway improvements on Pinnacle Peak Road will only occur on the south half of the road in conjunction with new residential development in the City.  The north half of Pinnacle Peak Road will remain unimproved.