2022A007A MESA SIGNAL BUTTE IGA.PDF

AMENDMENT NO. 1
to
Intergovernmental Agreement 2022A007
for the

Design, Rights-of-Way Acquisition, Utility Relocations, Construction, Construction
Management and Operation and Maintenance
of the

Baseline East of Signal Butte
between the
City of Mesa
and the

Flood Control District of Maricopa County
IGA FCD 2022A007A

Agenda Item

This Amendment No. 1, also known as Intergovernmental Agreement (GA) FCD2022A007A to
IGA FCD 2022A007 is entered into by and between the Flood Control District of Maricopa County,
a political subdivision of the State of Arizona, acting by and through its Boatd of Directors (the
“DISTRICT”), and the City of Mesa, a municipal corporation, acting by and through its Mayor and
City Council, (the “CITY”). The CITY and the DISTRICT are collectively referred to as the
PROJECT PARTNERS and as a PROJECT PARTNER.

This Amendment shall become effective as of the date it has been executed by all PROJECT
PARTNERS.

STATUTORY AUTHORIZATION

1. The DISTRICT is empowered by Arizona Revised Statutes (A.R.S.) § 48-3603, as revised, to
entet into this Agreement and has authorized the undetsigned to execute this Agreement on
behalf of the DISTRICT.

2. The CITY is empowered by A.R.S. § 9-240(B), as amended, to enter into this Agreement and has
authorized the undersigned to execute this Agreement on behalf of the CITY.
BACKGROUND
3. On Octobet 19, 2022 the Board of Directors of the DISTRICT (the Board) adopted Resolution
FCD 2022R003 (C-69-23-013-X-00) authorizing the DISTRICT to cost-share in projects

recommended under the DISTRICT’s Small Project Assistance Program.

4. On October 18, 2023, the Board approved IGA FCD 2022A007 authorizing the DISTRICT and
the CITY to cost-share in the Baseline East of Signal Butte PROJECT).

IGA FCD 2022A007A PCN 699.23.34 PAGE 1 OF 5

6.

Due to a delay in project design of PROJECT, the CITY has requested and the DISTRICT has
agreed to extend the completion date from June 30, 2024 to June 30, 2026.

PURPOSE OF THE AGREEMENT

The putpose of this Amendment is to extend the PROJECT construction and funding from
June 30, 2024 to June 30, 2026,

TERMS OF AGREEMENT

The PROJECT DESIGN AND CONSTRUCTION COST is estimated to be $903,935 but is
subject to change without amendment to this Agreement.

The DISTRICT shall:

8.1 Fund seventy-five percent (75%) of the PROJECT DESIGN AND CONSTRUCTION
COST incurred and invoiced between July 1, 2023 and June 30, 2026, with the funding
from the DISTRICT limited to a maximum of $500,000 in accordance with the
DISTRICT’s Small Project Assistance Progtam. The DISTRICT’s current estimated
funding share is $500,000.

The CITY shall:

9.1 Fund the full PROJECT DESIGN AND CONSTRUCTION COST not reimbursed by
the DISTRICT, making the CITY’s estimated PROJECT DESIGN AND
CONSTRUCTION COST share $403,935; and CITY will fully fund all PROJECT costs
fort any work completed and invoiced before July 1, 2023 or after June 30, 2026.

9.2 Invoice the DISTRICT as follows:

9.2.1 After the construction contractor has mobilized and then started construction
activities, the CITY may invoice the DISTRICT for one-half (1/2) of its share of
the PROJECT DESIGN AND CONSTRUCTION COST.

9.2.2 Within thirty (30) days of completion of construction of the PROJECT, but no
later than June 30, 2026, prepare a final accounting including change order costs
not previously paid, and invoice the DISTRICT for the remainder of its share of
the PROJECT DESIGN AND CONSTRUCTION COST incurted, if any, to
date.

10. This Amendment IGA 2022A007A governs where tetms conflict with the original IGA FCD

11.

20224007. However, the otiginal IGA FCD 2022A007 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 patagraphs in the original IGA FCD 2022A007
ate being replaced in theit entirety.

This Amendment shall expire either (a) two years from the date of execution by all PROJECT
PARTNERS, ot (b) upon both completion of the PROJECT and satisfaction of all funding

IGA FCD 2022A007A PCN 699.23.34 PAGE 2 OF 5

obligations and reimbursements associated with this Agreement, whichever is the first to occur,
However, by mutual written agreement of all PROJECT PARTNERS, this Agreement may be
amended or terminated except as expressly stated in this Agreement. The operation and
maintenance and indemnification provisions of this Agreement shall survive the expiration of
this Agreement.

12. Attached to this Agreement or contained herein are the written determinations by the
appropriate attorneys for the PROJECT PARTNERS, that these agencies are authorized under
the laws of the State of Atizona to enter into this Agreement and that it is in proper form.

13. If legislation is enacted after the effective date of this Agreement that changes the relationship or
sttuctute of one of more PROJECT PARTNERS, the PROJECT PARTNERS agtee that this
Agreement shall be renegotiated at the written request of either PROJECT PARTNER.

IGA FCD 2022A007A PCN 699,23.34 PAGE 3 OF 5

FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
A Political Subdivision of the State of Arizona

Recommended by:

Chief Engineer and General Managet Date

Approved and Accepted:

By:
Chaitman, Boatd of Directors
Date
Attest:
By:
Clerk of the Board
Date

The foregoing Amendment No. 1 FCD 2022A007A to Intetgovernmental Agreement PCD
2022A007 has been reviewed pursuant to A.R.S. Section 11-952, as amended, by the undersigned
General Counsel, who has determined that it is in proper form and within the powers and authority
gtanted to the Flood Control District of Maricopa County under the laws of the State of Arizona.

General Counsel Date

IGA ECD 2022A007A PCN 699.23.34 PAGE 4 OF 5

CITY OF MESA
A Municipal Corporation

Approved and Accepted By:

MA Ae s/ex[z

City Admifistrato” Date

By: ot rb /Worrbe. 3 2/34

City Bleck 0

The foregoing Amendment No. 1 FCD 2022A007A to Intergovernmental Agreement FCD
2022A007 has been reviewed pursuant to A.R.S. Section 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 Mesa under the laws of the State of Arizona.

ella Shuey
Coe ttorney Date

IGA FCD 2022A007A PCN 699.23.34 PAGE 5 OF 5