Discussion and possible action to approve an Agreement between the City of Peoria and the Vistancia Maintenance Corporation for the construction and maintenance of a Dead-End Treatment at Jomax Road and 126th Drive.

The Jomax Road roadway improvements were constructed by Vistancia Development LLC in 2007 to a point approximately 30 feet west of 126th Drive as a dead-end. The improvements included installation of Maricopa Association of Governments (MAG) Detail 130, Type A barricades at Jomax Road and 126th Drive. Since that time, the barricades have been damaged, are deteriorated and are in need of repair or replacement. In addition, the City has received numerous complaints regarding off-highway vehicles going around the barricades and ripping around the undeveloped property located to the west, resulting in noise, dust and tract-out complaints. 

The City has proposed to initiate a project to remove the existing barricades and construct new dead-end treatment improvements, known as the “Project”, which consist of gabion basket barrier, tube steel pipe railing, tube steel pipe gate and pedestrian access.

The City desires to coordinate and cost share with Vistancia Maintenance Corporation (VMC) to complete the Project. VMC has agreed to work with the City to complete and cost share the Project. The Project will be constructed within public rights-of-way and Vistancia Phase 1, Tracts H, UU and G (the “Vistancia Tracts”). The Vistancia Tracts are owned and maintained by VMC. 

The purpose of this Agreement is to identify and define the responsibilities of the City of Peoria and VMC for the construction and operation and maintenance of the Project. A summary of each agency’s responsibilities are summarized below.

City Responsibilities

• Obtain a cost proposal from the contactor who will be performing the work on the Project.
• The City shall fund 95% of the Project cost, making the City’s estimated share $95,000. 
• After the Agreement is executed, and prior to performing or authorizing any work, invoice VMC for their share of the construction cost, which is $5,000.
• If construction costs exceed the estimated amount of $100,000, the City will notify VMC and obtain concurrence. 
• The City shall be responsible for any additional construction costs.
• Construct the Project within the right-of-way and Vistancia Tracts at Jomax Road at 126th Drive, which consists of: 1) gabion basket barrier, 2) tube steel pipe railing, 3) tube steel pipe gate, and 4) pedestrian access.
• Maintain and/or repair the Project within the right-of-way as identified in this Agreement, as necessary, to ensure compliance with the City’s Codes and Ordinances as well as to maintain the aesthetic appearance of the Project, at the City’s sole discretion.

VMC Responsibilities

• Authorize the City to conduct the necessary work to construct the Project within Vistancia Tracts. Authorization will be issued through the execution of a separate Temporary Construction Easement (TCE).
• VMC shall cost share with the City to remove the existing barricades and construct the Project.
• Review and approve the cost proposal from the contractor, submitted by the City. The cost proposal is Exhibit 5 of the Agreement.
• VMC shall fund five (5%) of the Project cost, making VMC’s share $5,000.
• Within thirty (30) days of receipt of the City’s invoice, VMC will remit payment to the City for their share of the construction cost, not to exceed $5,000.
• Be responsible for operation, maintenance, and the aesthetic appearance of the Project within the Vistancia Tracts, as necessary, to ensure compliance with the City’s Codes and Ordinances.
• Be responsible for any damages to the Project, claims or loss occurring on the Vistancia Tracts caused by VMC’s conduct, action, non-action, negligent use of the property or by the acts of its employees, agents, contractors, or the public.

Staff recommends approval of an Agreement between the City of Peoria and the Vistancia Maintenance Corporation for the construction and maintenance of a Dead-End Treatment at Jomax Road and 126th Drive. 

Funding for the City’s portion of this project in an estimated amount of $100,000 is available in the FY2024-FY2033 Capital Improvement Program project budget for the Jomax WRF Operations Building and the Community Works Program. Payments will be made from account 7000-7050-543003-CIPWW- UT00389 and 7000-7050-543011-CIPOF-COP0001.

The City will invoice VMC for their share of the construction cost, not to exceed $5,000.