This is a request for Council to approve Amendment No. 1 to the intergovernmental agreement between the Flood Control District of Maricopa County (District), City of Surprise (Surprise), City of Peoria (Peoria), and Maricopa County (County) revising the original agreement for the purpose of constructing both phases of the project under one contract and modifying the payment schedule for the project partners. 

In 2011, the 107th Avenue and Union Hills Drive Design Concept Report was completed by the District to address specific on-going drainage and flooding issues along Union Hills Drive from 107th Avenue to 115th Avenue.

The Design Concept Report and Alternatives Analysis recommended structural solutions to mitigate flooding hazards in the area bounded on the west by 115th Avenue, on the north by Beardsley Road and east by 107th Avenue, and on the south by the Agua Fria River.  The  anticipated features include improvements to existing channels, construction of new storm drains, and construction and/or improvements to basins.  The project was originally planned to be constructed in two phases as listed below.  The partners agreed to construct both phases under one contract.

• Phase 1 - Extending along 115th Avenue from the Agua Fria River to approximately 1,000 feet north of Union Hills Drive
• Phase 2 - Extending along Union Hills Drive from 115th Avenue to 107th Avenue and along 107th Avenue from Union Hills Drive to approximately Palm Tree Drive

Currently, the City has $2,658,448 programmed in Fiscal Year 2021 for construction.  Staff will be submitting for Council consideration a change in the programming of construction as part of the FY18-27 Capital Improvement Program; FY18 - $500,000, FY19 - $500,000, FY20 - $500,000 and FY21 - $1,158,448.

The purpose of Amendment No. 1 is to:

• Revise the agreement to state the partners have agreed to construct both phases under one contract
• Revise the invoicing and reimbursement paragraphs of the original IGA to accommodate the proposed funding in FY18-21 as discussed above.

The Intergovernmental Agreement has been reviewed and approved as to form by the City Attorney's Office.

July 3, 2012 - Council approved an IGA, LCON4312, with the District, Surprise  and Surprise for the design of the project.

December 9, 2014 - Council approved an IGA, LCON7814, for completion of rights-of-way acquisition, utility relocations, construction, and construction management, as well as assuring which agency will be responsible for its share of on-going maintenance and operation.

A:     Approve Amendment No. 1 of the IGA with the District, Surprise, and County to partner and cost share in the rights-of-way acquisition, utility relocations, construction, construction management, and operation and maintenance of the regionally beneficial project.

B:     Deny approval of Amendment No. 1 of the IGA with the District, Surprise, and County and risk favorable consideration by the District in future drainage improvement projects, studies, floodplain determinations and other program assistance sponsored by the Flood Control District.

The City's share of costs associated with this project is $2,658,448 and is programmed in the Fiscal Year 2021 of the adopted Capital Improvement Program.  Per the terms of this amendment, Staff will be requesting to re-program the City's share of the project funding in the FY18-27 CIP as follows:

FY18 - $500,000, FY19 $500,000, FY20 - $500,000, FY21 - $1,158,448.