Discussion and possible action to adopt RES. 2023-114 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 from Della Avenue to Peoria Avenue.

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 and no sidewalks.  The County does not require sidewalks in rural areas. The City is proposing to construct a five-foot wide concrete sidewalk along the east side of 99th Avenue from Della Avenue to the north approximately 1,195 feet ending at Peoria Avenue. As 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 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 be completed in in fall 2024.

On October 10, 2023, City Council approved continuation of this item to the November 14, 2023, City Council meeting.

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 99th Avenue from Della Avenue to Peoria Avenue.

Funding to begin the design of this project is available in the FY2024 Capital Improvement Program in the Annual Sidewalks Program project budget, PW00046. 

Funding for the completion of the design, land acquisition, and construction of the sidewalk through to Peoria Avenue is being requested in the FY2025 Capital Improvement Program through project EN00839, 99th Avenue Sidewalks.