Discussion and possible action to approve an Intergovernmental Agreement with the City of Surprise for the design, right-of-way acquisition and construction of Jomax Road, from Dysart Road to 126th Drive.

Jomax Road currently does not connect between Dysart Road and 126th Drive. The roadway terminates at Dysart Road on the west side and 126th Drive on the east side. Jomax Road currently exists in Surprise, approximately one-half mile west of Dysart Road, and runs approximately from 175th Lane to El Granada Boulevard and serves City residents in the northwest portion of Surprise. Jomax Road is operated by Peoria east of the Dysart Road alignment and operated by Maricopa County west of the Dysart Road alignment.  

Due to the significant population growth in northwest Surprise, and with limited east-west access alternatives, it was identified that it would be mutually beneficial for both Peoria and Surprise to construct the Jomax Road extension, a new interim roadway segment that connects Jomax Road from Dysart Road to 126th Drive. The project will consist of obtaining the necessary rights-of-way from private landowners and Arizona State Land Department (ASLD), design of the north one-half street improvements and a roundabout at Dysart Road. The Project is illustrated in Exhibit 2 attached hereto. The new roadway segment designed and constructed as part of the project will be interim in nature, pursuant to Peoria’s design standards and will eventually be further built out in the future by Peoria and/or developers to its proposed ultimate design standard.  

During times of an emergency where the intersection of 163rd Avenue and US60 is closed, the residents of Surprise only have Happy Valley Road to enter and exit the area of north Surprise. This restrictive access also creates limited opportunities for first responders and other emergency personnel to access the residents of northwest Surprise. In these situations, it is not uncommon for the City of Peoria Fire-Medical Department to respond to calls for service in Surprise pursuant to the Cities’ mutual aid agreement. Completion of the project will provide another east/west corridor and additional access point into north Surprise serving a life safety issue. It will also result in reduced emergency response times from Peoria and Surprise Fire-Medical Departments.

Peoria and Surprise will financially participate in the project, including but not limited to design, right-of-way acquisition, construction, and any other items required to complete the project, unless otherwise specifically stated in this Intergovernmental Agreement (IGA). The purpose of the IGA is to identify and define the responsibilities of each agency which are summarized below. Surprise City Council approved the IGA on May 20, 2025.

Surprise will:

• Act as the lead agency for all aspects of the project, including but not limited to design, environmental clearance, right-of-way acquisition, and construction.
• Design and construct the project in accordance with the Project Scope as identified in this Agreement and in compliance with the City of Peoria engineering standards and provide legal descriptions, design plans, final approved plans, reports, and exhibits for review, comment and approval.
• Apply to Peoria for no-cost permits for any necessary project related work performed within Peoria or Maricopa County jurisdiction and Surprise, or its contractor, shall post all required certificates of insurance, performance bonds, and any other required financial assurances for any necessary project related work performed within Peoria’s jurisdiction.
•  Contribute its share of funding for the project in the amount not to exceed six million dollars ($6,000,000.00).
• Be the lead agency for any warranty issues during the warranty period. Surprise shall facilitate all coordination with the contractor during the warranty period including but not limited to punch list walks, roadway inspections, and final acceptance.  Surprise shall include Peoria in any coordination, punch list walks, roadway inspections, and final acceptance related to any warranty issues. 
• Shall submit project reimbursement requests in a format approved by Peoria for completed work activities at the stages of the development of the project. Surprise shall not submit any requests until Fiscal Year 2026.

Peoria will:

• Issue no-cost permits to Surprise for any necessary project related work performed within the City of Peoria.
• Provide the balance of the funding for the project once Surprise’s contribution amount of six million dollars ($6,000,000.00) has been expended.
• Be the lead agency for the acquisition of the right-of-way and/or easements with the Arizona State Land Division. Upon project completion, Peoria will assume full control and responsibility of the roadway including all maintenance responsibilities and following all applicable policies and procedures of both Parties.
• Be solely responsible for funding the cost of the installation of interconnect conduit, fiber optic cable, and the water line along north side of Jomax Road from 126th Drive to Dysart Road.
• Administer the floodplain within the Peoria City limits and will be the Floodplain Administrator for the McMicken Wash and the Conditional Letter of Map Revision (CLOMR) and Letter of Map Revision (LOMR) must be processed through Peoria.
• Participate with Surprise in the substantial completion, final inspection, final completion, and acceptance of the project and participate with Surprise for any warranty issues during the warranty period. Peoria shall participate with Surprise in all coordination with the contractor during the warranty period including but not limited to punch list walks, roadway inspections, and final acceptance.
• Assume full responsibility for the operation and maintenance of the new roadway segment upon final completion of the project and Peoria’s final approval and acceptance thereof.

On May 13, 2025, City Council tentatively approved the FY2026-2035 Capital Improvement Program (CIP) which includes funding for the design, land acquisition and construction phases of this project.

Staff recommends approval of an Intergovernmental Agreement with the City of Surprise for the design, right-of-way acquisition and construction of Jomax Road, from Dysart Road to 126th Drive.

The City of Surprise will contribute an amount not to exceed six million dollars ($6,000,000.00). Project costs above six million dollars ($6,000,000.00) will be the responsibility of the City of Peoria. Peoria will also be responsible for the costs associated with the installation of interconnect conduit, fiber optic cable, and a water line along north side of Jomax Road from 126th Drive. to Dysart Road.

The City of Peoria’s FY2026-2035 CIP includes funding for the design, land acquisition and construction phases of the Jomax Road; Dysart Road to 126th Drive project (EN00857).