Discussion and possible action to adopt RES. 2023-77 approving an Intergovernmental Agreement with the State of Arizona for the local cost share and preparation of a Design Concept Report and Environmental Assessment for extending El Mirage Road from SR 303L on the south to Jomax Road on the north, in accordance with budget authority previously approved by Council.

El Mirage Road is considered a major arterial roadway in Peoria and will eventually connect SR 74 to the SR 303L. The section of El Mirage from SR 74 to the CAP will be constructed by Developers in the future. The section from the CAP to Jomax has already been constructed by Developers. This leaves the section of El Mirage Road from Jomax to SR 303L to complete this vital connection. Currently this section is a discontinuous roadway north of SR 303L with only limited improvements north and south of Happy Valley Road. An existing traffic interchange at SR 303L terminates just north of the interchange with no access to the area north of SR 303L. A dirt road south of Happy Valley Road provides access to existing utility facilities in the area and McMicken Dam. North of Happy Valley Road limited roadway improvements serve a local subdivision and terminate south of Jomax Road near the Beardsley Canal. The proposed project will create a continuous roadway providing direct access to SR 303L at the El Mirage Road interchange to and from the surrounding communities to the north.

In 2022, Maricopa Association of Governments (MAG) completed a Feasibility Study for this section of roadway. The study developed and explored alternative roadway alignments and identified a recommended alignment for further study. This Design Concept Report (DCR) and Environmental Assessment (EA) will continue the development of this alignment as well as provide the following:

• Identify right-of-way extents
• Identify utilities in the corridor and associated utility conflicts and relocations
• Refine cost estimates and phasing for construction
• Environmental assessment to assist in obtaining environmental clearance necessary for proceeding with right-of-way acquisition, Intergovernmental Agreements, and additional applications for Federal funding.

The proposed initial roadway configuration will have two lanes and bicycle lanes in each direction. The roadway alignment is situated within the City of Peoria planning area within Maricopa County. Land ownership includes the Flood Control District of Maricopa County, State Land, and the City of Peoria.

The City is receiving federal funding through the Surface Transportation Block Grant Program (STBGP) through MAG. To ensure the City complies with all federal design, land acquisition, and construction processes, an Intergovernmental Agreement (IGA) with the State is necessary. The IGA will allow the State, via the Arizona Department of Transportation (ADOT), to administer the Project. The City will be responsible for cost sharing with the preparation of the DCR and EA.

The purpose of the IGA is to identify and define the responsibilities of the City and the State. A future IGA will be developed regarding the cost sharing for the design, acquisition of right-of-way and construction. Some of the terms of the IGA are as follows:

The State will:

• Act as the designated agent for the City for the Project.
• Prepare and provide all documents for bidding, accepting and incorporating City comments.
• Upon approval by the FHWA, proceed to advertise, receive and open bids, enter into contract with low bidder, administer the contract, and make all payments.

The City will:

• Designate the State as the City's authorized agent for the Project.
• Remit payment to the State estimated at $428,571.
• Review documents required for the Project.
• Be responsible for all costs in excess of the maximum amount of federal funds and for any costs ineligible for federal funds.

Below is a proposed Project schedule. The phasing and limits will be determined as part of the study (Design Concept Report). This schedule will depend on funding opportunities from additional agencies and developers.

• June 2019 - MAG Regional Council approved the transfer in the Arterial Life Cycle Program (ALCP) of Maricopa County Department of Transportation’s Jomax Road: SR 303L to Sun Valley Parkway project and funding to the City of Peoria for the design, right-of-way and construction of Jomax Road: SR 303L to Vistancia Boulevard.
• October 2022 - MAG Regional Council approved the transfer in the ALCP of project savings from the City’s Jomax Road: SR 303L to Vistancia Boulevard project to the City’s El Mirage Road: SR 303L to Jomax Road project.
• February 2023 - MAG Regional Council approved a TIP amendment shifting project funding for the El Mirage Road: SR 303L to Jomax Road  project from Regional Area Road Funding (RARF) to Surface Transportation Block Grant Program (STBGP) federal funding.
• February 2023 - The City requested project initiation from ADOT for El Mirage Road: SR 303L to Jomax Road.

Staff recommends adoption of the resolution approving an Intergovernmental Agreement with the State of Arizona for the local cost share and preparation of a Design Concept Report and Environmental Assessment for extending El Mirage Road from SR 303L on the south to Jomax Road on the north.

The total estimated Project Cost for the preparation of the DCR and EA is $1,428,571. Of this amount, it is estimated that $428,571 is the City's share and $1,000,000 is federally funded.  Funding for the City’s share is available in the El Mirage Road SR 303L to Jomax Road project in the FY2024-FY2033 Capital Improvement Program which becomes available on July 1, 2023. Payments will be made from account 7006-7056-543010-CIPST-EN00537. Contingency funds are available in the account in the event the project exceeds the budget.