FCD_AGREEMENT_LOA_MCMICKEN_OH_TO_UG_CONVERSION_PROJECT_NOVEMBER_16_2021.DOCX.PDF

MAIL STATION 3177 
 
Tel: 
602-371-7989 
PO. BOX 53933 
 
 
Fax: 
602-371-6653 
PHOENIX, ARIZONA 85072-3933 
e-mail:Baldemar.garza@aps.com 
 
 
 
March 10, 2022 
 
David Degerness 
Project Manager FCD 
Flood Control District of Maricopa County  
2801 W. Durango Rd  
Phoenix AZ 85009 
 
RE: Flood Control District of Maricopa County / APS Letter of Agreement 
        McMicken Dam Rehabilitation Project Control No. 202.02.31 
        Overhead to Underground 12KV Relocation / Conversion  
        Location: McMicken Wash South of US60  
        APS Work Order No: WA495223 12KV Overhead to Underground Conversion Final Cost 
 
Dear David, 
 
This letter serves as a letter of agreement for Arizona Public Service Company ("APS") Work Authorization Number 
WA495223 relating to the above-mentioned project.  The following is an outline of the costs and responsibilities of APS 
and the Flood Control District of Maricopa County (FCD). The FCD has asked APS to relocate and convert the APS 12KV 
overhead facilities to underground that are conflict with the McMicken Dam Rehabilitation Improvements at the above 
location. The APS 12KV facilities that are conflict with the new McMicken Dam improvements are located within an 
existing easement therefore the FCD  is responsible to pay APS 100% of the relocation cost. The location of the APS 
facilities that are in conflict and need to be relocated run parallel with the Beardsley Canal that is located south of US60 and 
west of Loop 303. The relocation / conversion work of the APS 12KV facilities was completed on 12/22/2021. This 
Agreement shall be interpreted, governed by, and construed under applicable Federal law.  In the absence of applicable 
Federal law, the laws of the State of Arizona shall govern and this Agreement is subject to cancelation pursuant to A.R.S. § 
38-511. 
 
The final cost for the conversion / relocation of the APS 12KV overhead facilities that FCD is responsible to pay APS is 
$1,556,952.81.   
 
 
To be provided by the APS  
 
 
APS will provide all the 12KV electrical, labor, materials, excavation trench and conduit to  
             construct, convert, remove and relocate the existing 12KV overhead facilities that are in conflict  
            with the new McMicken Wash Rehabilitation improvements.  
  
 
FCD shall pay APS a grand total of up to $1,556,952.81 or the actual APS relocation cost  
for the overhead to underground conversion of the relocation of the 12KV overhead facilities after the APS  
relocation work has been completed. APS attached a detailed cost sheet as backup for the cost incurred for the relocation.   
Please review and return a signed copy of the Letter of Agreement to me to indicate your approval of the above costs and 
responsibility. 
 
APS would like to thank you for your continued cooperation and partnership. 
 
Sincerely, 
 
Bobby Garza 
APS Customer Project Consultant 
 
DocuSign Envelope ID: D9302A94-2824-4EA0-B8BF-CDBCD2601A22

FLOOD CONTROL DISTRICT OF MARICOPA COUNTY 
                                                         A Political Subdivision of the State of Arizona 
 
 
 
Recommended by: 
 
 
 
 
 
 
 
 
 
 
Michael A. Fulton                    Date 
Director 
 
 
 
 
 
Approved and Accepted: 
 
 
 
 
 
By:  
 
 
 
 
 
 
                                                      Chairman, Board of Directors   Date 
 
 
 
 
 
Attest: 
 
 
 
 
 
By: 
 
 
 
 
 
Clerk of the Board         Date  
 
 
 
The foregoing APS Letter of Agreement 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 
 
 
 
 
 
 
 
 
 
 
 
 
APS Letter of Agreement                                                                                                               Page 2 of 2 
DocuSign Envelope ID: D9302A94-2824-4EA0-B8BF-CDBCD2601A22
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