REVISED 115TH AVE AND UNION HILLS FCD AMENDMENT.DOCX

Flood Control District of Maricopa County
2801 West Durango Street
Phoenix, AZ 85009-6399
AMENDMENT NO. 1
TO
INTERGOVERNMENTAL AGREEMENT IGA FCD2014A002
AMONG
THE CITY OF SURPRISE, THE CITY OF PEORIA, MARICOPA COUNTY,
AND THE
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
FOR THE
RIGHTS-OF-WAY ACQUISITION, UTILITY RELOCATIONS, CONSTRUCTION,
CONSTRUCTION MANAGEMENT, AND OPERATION AND MAINTENANCE
OF THE
115TH AVENUE AND UNION HILLS DRIVE DRAINAGE IMPROVEMENTS PROJECT
IGA FCD2014A002A
FCD Agenda Item C-69-15-027-3-01
MCDOT Agenda Item C-64-15-070-M-01
This Amendment Number 1, also known as Intergovernmental Agreement (IGA)
FCD2014A002A, to IGA FCD2014A002 is entered into by and among the City of
Surprise, a municipal corporation, acting by and through its City Council, hereinafter
called SURPRISE, the City of Peoria, a municipal corporation, acting by and through its
City Council, hereinafter called PEORIA, Maricopa County, a political subdivision of the
IGA FCD 2014A002A PCN 450.07.31 Page 1 of 12

State of Arizona, acting by and through its Board of Supervisors, hereinafter called the
COUNTY, and the Flood Control District of Maricopa County, a political subdivision of
the State of Arizona, acting by and through its Board of Directors, hereinafter called the
DISTRICT. The DISTRICT, SURPRISE, PEORIA, and the COUNTY, are hereinafter
called the PROJECT PARTNERS.
This Amendment shall become effective as of the date it has been executed by all parties.
STATUTORY AUTHORIZATION
1. The DISTRICT is empowered by Arizona Revised Statutes (A.R.S.) Section 48-3603,
as revised, to enter into this Agreement and has authorized the undersigned to
execute this Agreement on behalf of the DISTRICT.
2. SURPRISE is empowered by A.R.S. Section 11-951 et. al., as amended, to enter into
this Agreement and has authorized the undersigned to execute this Agreement on
behalf of SURPRISE.
3. PEORIA is empowered by Peoria City Charter Article 1, Sec. 3 (15) and by Arizona
Revised Statutes Section 11-951, as amended, to enter into this Agreement and has
authorized the undersigned to execute this Agreement on behalf of PEORIA.
4. The COUNTY is empowered by Arizona Revised Statutes 11-251, as amended, and
Section 28-6701, as amended, to enter into this Agreement and has authorized the
undersigned to execute this Agreement on behalf of the COUNTY.
BACKGROUND
5. 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. This study
recommended a regional flood mitigation project that was recommended for inclusion
in the DISTRICT’s 2012/2013 CIP program. In 2013 the DISTRICT conducted an
Alternatives Analysis to study alternative solutions for conveyance of the Beardsley
Channel flows.
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6. 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.
7. On March 28, 2012, the Board of Directors of the DISTRICT adopted Resolution
FCD 2011R009 (C-69-12-050-6-00), authorizing the DISTRICT to cost-share in the
PROJECT, and to negotiate Intergovernmental Agreements for the design, rights-of-
way acquisitions, construction, construction management, and operation and
maintenance of the PROJECT. On June 19, 2013, the Board of Directors adopted
Resolution FCD 2011R009A (C-69-12-050-6-01) which revised the PROJECT
authorized area for obtaining land rights.
8. On April 24, 2013, the Board of Directors of the DISTRICT approved
Intergovernmental Agreement FCD 2012A005 (C-69-13-041-3-00), among the
DISTRICT, PEORIA, and SURPRISE, for the design of the PROJECT. On January
29, 2015, the Board of Directors of the DISTRICT approved Intergovernmental
Agreement FCD 2014A002 (C-69-15-027-3-00), among the DISTRICT, PEORIA,
SURPRISE, and COUNTY, for the rights-of-way acquisition, utility relocations,
construction, construction management, and operation and maintenance of the
PROJECT.
9. The PROJECT PARTNERS have agreed to construct under a single contract both
Phase 1 and Phase 2 now known as the PROJECT. The timing of funding obligations
must now be clarified to accommodate funding constraints now that the PROJECT is
to move forward for construction.
PURPOSE OF THE AGREEMENT
10. The purpose of this Amendment is to revise the invoicing and reimbursement
paragraphs of the original IGA to accommodate current funding capability, and
revise the estimate for the Project Cost.
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TERMS OF AGREEMENT
11. The current cost estimate for the PROJECT Cost is $9,700,000.00.
12. The DISTRICT shall
12.1 invoice SURPRISE for 25% of its estimated cost-share at the beginning of each
fiscal year, beginning in FY18; and for its final cost-share based on actual costs, on or
about July 1, 2020.
12.2 invoice PEORIA for its full cost-share based on actual costs, on or about July 1,
2020. If PEORIA has funds available sooner, the DISTRICT shall invoice PEORIA for
partial payments in accordance with the available funding as identified by PEORIA,
beginning in Fiscal Year 2018, and shall invoice PEORIA its remaining final cost-share
based on actual costs on or about July 1, 2020.
12.3 invoice the COUNTY its $367,000 cost-share upon completion of construction
of the PROJECT.
13. SURPRISE shall
13.1 pay 25% of its estimated cost-share each fiscal year beginning in FY2018, and
within thirty (30) days of invoice by the DISTRICT..
13.2 pay the remainder of its cost share, based on actual costs on or about July 1, 2020
or sooner based on funding availability, and within thirty (30) days of invoice by the
DISTRICT.
14. PEORIA shall
14.1 pay its full cost-share based on actual costs within thirty (30) days of invoice by
the DISTRICT, in Fiscal Year 2021.
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14.2 If funding is available, pay partial payments based on available funding and
within thirty (30) days of invoice by the DISTRICT, beginning in Fiscal Year 2018.
PEORIA shall pay the remainder of its cost share within thirty (30) days of invoice by
the DISTRICT, based on actual costs, in Fiscal Year 2021.
15. The COUNTY shall pay $367,000.00 upon completion of the Project construction
and within thirty (30) days of invoice by the District.
16. This Amendment governs where terms conflict with the original IGA FCD 2014A002.
However, the original IGA FCD 2014A002 is applicable unless specifically changed
by this Amendment. The paragraph numbering in this Amendment is coincidental
and is not intended to indicate that these same numbered paragraphs in the original
IGA FCD 2014A002 are being replaced in their entirety.
17. Nothing in this Amendment (whether express or implied) is intended to confer upon
either party other than the parties hereto and their respective representatives,
successors, and permitted assigns, any rights or remedies under or by reason of this
Amendment nor is anything in this Amendment intended to relieve or discharge the
liability of either party hereto.
18. Attached to this or contained herein are the written determinations by the
appropriate attorneys for the DISTRICT, SURPRISE, PEORIA and COUNTY that
these agencies are authorized under the laws of the State of Arizona to enter into this
Amendment and that it is in proper form.
19. If legislation is enacted after the effective date of this Amendment, which changes the
relationship, or structure of one or more parties to this Amendment, the parties agree
that this Amendment shall be renegotiated at the written request of either party.
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FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
Recommended by:
William D. Wiley, P.E Date
Chief Engineer and General Manager
Approved and Accepted:
By:
Chairman, Board of Directors Date
Attest:
By:
Clerk of the Board Date
The foregoing Intergovernmental Agreement FCD 2014A002A has been reviewed
pursuant to Arizona Revised Statutes 11-952, as amended, by the undersigned General
Counsel, who has determined that it is in proper form and within the powers and
authority granted to the Flood Control District of Maricopa County under the laws of the
State of Arizona.
Flood Control District General Counsel Date
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CITY OF SURPRISE
A Municipal Corporation,
Sharon Wolcott, Mayor
By:______________________________________________
Date
Attest:
By:
City Clerk Date
The foregoing Intergovernmental Agreement IGA FCD 2014A002A has been reviewed
pursuant to Arizona Revised Statutes 11-952, as amended, by the undersigned attorney
who has determined that it is in proper form and within the power and authority granted
to the City of Surprise under the laws of the State of Arizona.
By:
City Attorney Date
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CITY OF PEORIA
A Municipal Corporation,
Bob Barrett, Mayor
By:______________________________________________
Date
Attest:
By:
City Clerk Date
The foregoing Intergovernmental Agreement IGA FCD 2014A002A has been reviewed
pursuant to Arizona Revised Statutes 11-952, as amended, by the undersigned attorney
who has determined that it is in proper form and within the power and authority granted
to the City of Peoria under the laws of the State of Arizona.
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By:
City Attorney Date
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MARICOPA COUNTY
Recommended by:
Jennifer Toth, P.E. Date
Transportation Director
Approved and Accepted:
By:
Chairman, Board of Supervisors Date
Attest:
By:
Clerk of the Board Date
The foregoing Intergovernmental Agreement FCD 2014A002A has been reviewed
pursuant to Arizona Revised Statutes 11-251, as amended, by the undersigned Deputy
County Attorney, who has determined that it is in proper form and within the powers and
authority granted to Maricopa County under the laws of the State of Arizona.
Deputy County Attorney Date
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