Discussion and possible action to adopt RES. 2022-40 approving an Intergovernmental Agreement with Maricopa County to implement a cooperative agreement to waive the traffic control plan review and permit fees in certain circumstances.

The City of Peoria adjoins Maricopa County at various locations. As a result, it is not unusual for the City, or its contractor, to be constructing a project adjacent to or near the County’s right-of-way that requires traffic control devices to be set up in the County’s right-of-way for property notice and safety reasons. In such instances, the City must: 1) submit traffic control plans, obtain County plan approval and pay plan review fees, and 2) apply for and pay for traffic control permit fees. The same is true when the County or its contractor is constructing a project adjacent to or near the City’s right-of-way.

The City previously entered into an Intergovernmental Agreement (IGA) with the County to waive certain traffic control plan review and permit fees. The IGA was in effect through June 30, 2021, and unfortunately expired before it was renewed. Both entities are in agreement that paying one another for these fees is unnecessary and would like the cooperative agreement extended. The newly proposed IGA will be perpetual.

Below is a summary of the terms of the IGA:

Responsibilities of the County and the City:

• Provide copies of final traffic control plan(s) and required traffic control application(s) to the respective jurisdiction.
• Expedite review of traffic control applications and plans, if applicable and resources allow.
• Ensure permits issued under this Agreement comply with all standard permitting requirements and other terms as may be deemed necessary by the County Transportation Director (or designee) and the City Manager (or designee).
• Require that any contractor performing extra jurisdictional work shall have in place liability insurance that names the Jurisdictional Party as additional insured. Provide a copy of proof of such insurance to the Jurisdictional Party and post-performance bonds and security funds as required by the Jurisdictional Party.

Responsibilities of the County:

• Upon approval of the traffic control plans, posting of bonds and certificate of insurance, issue the City a traffic control permit and waive any related permit and review fees.
• The County Transportation Director (or designee) shall retain appropriate files related to any permit issued under the authority of this Agreement until all terms provided in the Agreement and the pertinent permit have been satisfied, or as otherwise required by law.
• When the County is the Project Party it shall:
  -  Submit traffic control plans to the City for review and approval.
  -  Provide performance and payment bonds and insurance certificate to City.

Responsibilities of the City:

• Upon approval of the traffic control plans, posting of bonds and certificate of insurance, issue the County a traffic control permit and waive any related permit and review fees.
• The City Manager (or designee) shall retain appropriate files related to any permit issued under the authority of this Agreement until all terms provided in the Agreement and the pertinent permit have been satisfied, or as otherwise required by law.
• When the City is the Project Party it shall:
  -  Submit traffic control plans to the County for review and approval.
  -  Provide performance and payment bonds and insurance certificate to County.

On November 22, 2016, City Council adopted Resolution No. 2016-122 approving an IGA with Maricopa County to waive traffic control plan review and permit fees in certain circumstances. 

Staff recommends the adoption of the resolution approving an Intergovernmental Agreement with Maricopa County to implement a cooperative agreement to waive traffic control plan review and permit fees in certain circumstances.

This agreement is cost neutral. If approved, the City will not collect traffic control plan review and permit fees from the County for certain projects, but neither will the City pay these same fees to the County.