2020A027A FINAL AGREEMENT ADOT-20-7647-A1-FCDMC-H8915.PDF
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ADOT CAR No.: IGA 20-0007647-I
Amendment No. One: 25-0011085-I
AG Contract No.: P0012020000902
Project Location/Name: Ellsworth Road –
Ironwood Road Interim Phase II
Type of Work: Joint Maintenance Access
at SR-24 and Powerline Floodway
Federal-aid No.: NHPP-024-A(200)T
ADOT Project No.: H8915 01C/F0719 01C
TIP/STIP No.: N/A
CFDA No.: 20.205 - Highway Planning and
Construction
Budget Source Item No.: 100230
Flood Control District 2020A027A
FCD Agenda NO. C-69-21-106-X-01
AMENDMENT NO. ONE
TO
INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE STATE OF ARIZONA
AND
THE FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
THIS AMENDMENT NO. ONE to INTERGOVERNMENTAL AGREEMENT (the “Amendment No.
One”), is entered into this date ______________________________, pursuant to Arizona Revised Statutes
(“A.R.S.”) §§ 11-951 through 11-954, as amended, between the STATE OF ARIZONA, acting by and
through its DEPARTMENT OF TRANSPORTATION (the "State" or “ADOT”) and the FLOOD
CONTROL DISTRICT OF MARICOPA COUNTY, acting by and through its BOARD OF DIRECTORS (the
“District”).The State and the District are each individually referred to as a “Party” and are
collectively referred to as the “Parties.”
WHEREAS, the INTERGOVERNMENTAL AGREEMENT, IGA 20-0007647-I, A.G. Contract No.
P0012020000902, was executed on June 25, 2021, (the “Original Agreement”);
WHEREAS, the State is empowered by A.R.S. § 28-401 to enter into this Amendment No. One and
has delegated to the undersigned the authority to execute this Amendment No. One on behalf of the
State;
WHEREAS, the District is empowered by A.R.S. § 48-3603 to enter into this Amendment No. One
and has by resolution, if required, a copy of which is attached and made a part of, resolved to enter
into this Amendment No. One and has authorized the undersigned to execute this Amendment No.
One on behalf of the District;
WHEREAS, the purpose of this Amendment No. One is to revise the shared use maintenance access
locations due to Phase two of the Project; Exhibit A is revised and replaced accordingly;
NOW THEREFORE, in consideration of the mutual terms expressed herein, the Parties desire
to amend the Original Agreement, as follows:
IGA: 20-0007647-I
Amendment No. One: 25-0011085-I
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The Parties incorporate the paragraphs set forth above as part of the body of this
Amendment No. One.
I.
RECITALS
(NO CHANGES)
II. SCOPE OF WORK
Section II, Paragraph 1.a. is revised, as follows:
1. The State will:
a. Allow the District to use ADOT’s O&M Roads, as shown in Exhibit A, including any
future changes within the exhibit area.
Section II, Paragraph 2.c. is added, as follows:
2. The District will:
c. Allow the ADOT to use District’s O&M Roads, as shown in Exhibit A, including any
future changes within the exhibit area.
III. MISCELLANEOUS PROVISIONS
(NO CHANGES)
EXCEPT AS AMENDED, ALL OTHER terms and conditions of the Original Agreement remain in full
force and effect.
Remainder of this page is intentionally left blank.
(Signatures begin on the next page)
IGA: 20-0007647-I
Amendment No. One: 25-0011085-I
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THIS AMENDMENT NO. ONE shall become effective upon the full completion of signing and dating
by all Parties to this Amendment No. One.
IN ACCORDANCE WITH A.R.S. § 11-952 (D), the written determination of each Party’s legal counsel
providing that the Parties are authorized under the laws of this State to enter into this Amendment
No. One and that the Amendment No. One is in proper form is set forth below.
IN WITNESS WHEREOF, the Parties have executed this Amendment No. One the day and year first
above written.
FLOOD CONTROL DISTRICT OF MARICOPA
COUNTY
By ______________________________Date_______________
Chief Engineer and General Manager
By ______________________________Date_______________
Chair, Board of Directors
ATTEST:
By ______________________________Date________________
Clerk of the Board
I have reviewed the above referenced Amendment No. One to the Original Agreement between the
State of Arizona, acting by and through its Department of Transportation, and the Flood Control
District of Maricopa County, an agreement among public agencies which, has been reviewed
pursuant to A.R.S. §§ 11-951 through 11-954 and A.R.S. § 48-3603 and declare this Amendment No.
One to be in proper form and within the powers and authority granted to the District under the
laws of the State of Arizona.
No opinion is expressed as to the authority of the State to enter into this Amendment No. One.
Approved as to Form:
By ______________________________ Date___________
Flood Control District General Counsel
IGA: 20-0007647-I
Amendment No. One: 25-0011085-I
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ARIZONA DEPARTMENT OF TRANSPORTATION
By ______________________________Date___________
MATT MOUL, PE
Project Delivery and Operations Division
Division Director
This Amendment No. One between public agencies, the State of Arizona and the Flood Control
District of Maricopa County has been reviewed pursuant to A.R.S. §§ 11-951 through 11-954
and A.R.S. § 28-401 by the undersigned Assistant Attorney General who has determined that it
is in the proper form and is within the powers and authority granted to the State of Arizona.
No opinion is expressed as to the authority of the remaining Parties, other than the State or its
agencies, to enter into said Amendment No. One.
By ______________________________ Date___________
Assistant Attorney General
STATE
F.H.W.A.
REGION
ARIZ.
PROJECT NO.
SHEET
NO.
TOTAL
SHEETS
9
TRACS NO.
LOCATION
ROUTE
REVISIONS-
SURVEY NO.
FINISHED PLANS-
LOCATION-
DATE-
REVISIONS-
SURVEY NO.
FINISHED PLANS-
LOCATION-
DATE-
ARIZONA DEPARTMENT OF TRANSPORTATION
ROADWAY DESIGN SERVICES
INFRASTRUCTURE DELIVERY AND OPERATIONS DIVISION
RECORD DRAWING
024-A-(201)T
SR 24
024-A-(201)T
024 MA 000
cccccSYSTIMEccccc
cccccDGNcSPECIFICATIONccccc
/28722/...
F0719 01C
IGA EXHIBIT
FLOOD CONTROL DISTRICT
OF MARICOPA COUNTY
POWERLINE FLOODWAY
Removed ADOT O&M Road
New Ramp B Connector
New Ramp A Connector
New Ramp NE
Ray Road
SR 24
Ellsworth Channel
LEGEND
ADOT O&M Road
FCDMC O&M Road
New ADOT O&M Road
New Shared O&M Road
Shared O&M Road
Ellsworth Road
Powerline Floodway
Exst 75' FCDM C Esmt
FCDMC Easement
Exst FCDMC Esmt
and Maintenance Limits
Limit of 75' Esmt
West Limits
SR24 R/W
Exst 75' FCDM C Esmt
Powerline Floodway
ADOT Drainage Channel
Drainage Basin
Basin
Drainage
Existing Gates
Existing Gates
Exst COM R/W
West Limits
SR24 R/W
IGA 20-0007647-Amendment No. One, Exhibit A