IGA -103RD AVE LANDFILL DRAINAGE IMP AMENDMENT NO. 1-C22-0318-1.PDF

C22-0318-1

AMENDMENT NO. 1
to
Intergovernmental Agreement 2022A004
for the

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

1034 Avenue Landfill Drainage Improvements
between the
City of Glendale
and the
Flood Control District of Maricopa County

IGA FCD 2022A004A

Agenda Item

This Amendment No. 1, also known as Intergovernmental Agreement (IGA) FCD2022A004A to
IGA FCD 2022A004 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 Board of Directors (the
‘DISTRICT”), and the City of Glendale, 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
enter into this Agreement and has authorized the undersigned 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 October 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 April 20, 2022, the Board approved IGA FCD 2022A004 authorizing the DISTRICT and
the CITY to cost-share in the 103*4 Avenue Landfill Drainage Improvements (PROJECT).

IGA FCD 2022A004A PCN 699.23.31 PAGE 1 OF 5

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, 2025.

PURPOSE OF THE AGREEMENT

The purpose of this Amendment is to extend the PROJECT construction and funding from
June 30, 2024 to June 30, 2025.

TERMS OF AGREEMENT

‘The PROJECT DESIGN AND CONSTRUCTION COST is estimated to be $1,422,072, 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, 2025, with the funding
from the DISTRICT limited to a maximum of $500,000 in accordance with the
DISTRICT’s Small Project Assistance Program. 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 $922,072; and CITY will fully fund all PROJECT costs
for any work completed and invoiced before July 1, 2023 or after June 30, 2025.

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, 2025, 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 incurred, if any, to
date.

10. This Amendment IGA 2022A004A governs where terms conflict with the original IGA FCD

11.

2022A004. However, the original IGA FCD 2022A004 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 2022A004
ate being replaced in their entirety.

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

IGA FCD 202240044 PCN 699.23.31 PAGE20F 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 Arizona 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
structure of one or more PROJECT PARTNERS, the PROJECT PARTNERS agtee that this
Agreement shall be renegotiated at the written request of either PROJECT PARTNER.

IGA FCD 2022A004A PCN 699.23.31 PAGE3 OF 5

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

Recommended by:

Chief Engineer and General Manager _— Date

Approved and Accepted:

By:
Chairman, Board of Directors
Date
Attest:
By:
Clerk of the Board
Date

The foregoing Amendment No. 1 FCD 2022A004A to Intergovernmental Agreement FCD
2022A004 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 ptoper form and within the powers and authority
granted to the Flood Control District of Maricopa County under the laws of the State of Arizona.

General Counsel Date

IGA FCD 2022A004A PCN 699.23.31 PAGE 40F 5

CITY OF GLENDALE
A Municipal Corporation

Approved and Accepted By:

Vid ~7 ips b-% -24

City Administrator Date

Attest:

lerk te

The foregoing Amendment No. 1 FCD 2022A004A to Intergovernmental Agreement FCD
20224004 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 Glendale under the laws of the State of Arizona.

CL AL 6/26 | 2024

City Attdrney Date

IGA FCD 2022A004A PCN 699.23.31 PAGES OF5