Discussion and possible action to adopt RES. 2023-105 approving an Intergovernmental Agreement with Maricopa County for the construction and maintenance of sidewalks within Maricopa County right-of-way along the East side of 99th Avenue, in accordance with budget authority previously approved by Council.

99th Avenue is a paved roadway owned and maintained by Maricopa County (County). The current roadway has a raised median and two travel lanes in each direction. The City is proposing to construct a five-foot wide concrete sidewalk along the east side of 99th Avenue from Della Circle to the north approximately 664 feet south of Sol Mobile Home Park. Because the east side of 99th Avenue along the project’s limits is within the County’s right-of-way, an Intergovernmental Agreement (IGA) is required. The roadway in maintained by the County but all improvements east of the curb including a sidewalk would historically be constructed and maintained by the adjacent municipality which is Peoria in this case.

The purpose of the IGA is to identify and define the responsibilities of the County and the City. The terms of the IGA are as follows:

The County will:
• Review and provide comments to the City within ten (10) working days of receipt of the design plans.
• Issue no-cost permits to the City for any necessary Project-related work performed within County right-of-way.
• Issue no-cost traffic control permits to the City for any traffic control required as part of regular maintenance and operations activities that will impact roadway and traffic.
• Allow the City access for the operation and maintenance of the sidewalks.

The City will:
• Act as the lead agency for all aspects of the Project, including but not limited to design, environmental clearance, permit acquisition, and construction.
• Design and construct the Project to MAG Uniform Standard Specifications and Details for Public Works Construction as Supplemented by MCDOT. All newly constructed sidewalks shall comply with the accessible route requirements of the Americans with Disabilities Act (ADA).
• Provide the County with copies of design plans for review and comment.
• Apply to the County for no-cost permits for any necessary Project-related work performed within County right-of-way and follow all normal County permitting procedures.
• Apply to the County for no-cost traffic control permits for any operation and maintenance work that will impact the roadway and traffic within County right-of-way.
• Be solely responsible for all actual and incurred costs of the Project, including but not limited to design, environmental clearance, permit acquisition, and construction.
• Provide performance and payment bonds and insurance certificates to the County.
• Assume all operation and maintenance responsibility and associated liability for any and all sidewalks installed in the County right-of-way under this Agreement.
• Apply to the County for no-cost permits for any future maintenance related to the Project performed within the County’s jurisdiction.

Construction is expected to begin and be completed in winter 2023.

There have been no previous Council actions for this project.

Staff recommends adoption of the resolution approving an Intergovernmental Agreement with Maricopa County for the construction and maintenance of sidewalks within Maricopa County right-of-way along the east side of 99^th Avenue, in accordance with budget authority previously approved by Council.