Exhibit A - Intergovernmental Agreement
Extracted text (via pymupdf)
23451 characters
{00461500.10}
Page 1 of 13
INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE TOWN OF GILBERT, THE CITY OF MESA, AND THE CITY OF CHANDLER
FOR THE DOWNSTREAM IMPACT STUDY RELATED TO THE SRP/CAP
INTERCONNECTION FACILITY
This Intergovernmental Agreement (“Agreement”) is entered into this day of April, 2026, by and
between the Town of Gilbert, an Arizona municipal corporation, (“Gilbert”), the City of Mesa, an
Arizona municipal corporation (“Mesa”), and the City of Chandler, an Arizona Municipal
Corporation (“Chandler”). Gilbert, Mesa, and Chandler are sometimes collectively referred to as
the “Parties,” and each is referred to as a “Party.”
RECITALS
A. Arizona Revised Statutes (“A.R.S.”) §§ 11-951 et seq., provide that public agencies may enter into
Intergovernmental Agreements for joint or cooperative action. Gilbert, Mesa, and Chandler are
authorized by A.R.S. §§ 9-240 and 9-511 to provide utility services, including the provision of
water resources.
B. The Salt River Project (SRP)/Central Arizona Project (CAP) Interconnection Facility (SCIF)
project aims to enable SRP water to be pumped into the CAP canal. The Parties are downstream
water users and wish to evaluate the potential impact of the SCIF project on their infrastructure.
C. The Parties wish to engage a professional consultant, WaterWorks Engineers, to cooperatively
study the potential effects of the SCIF project to identify new or modified unit processes to meet
water quality standards under maximum SCIF impact scenarios. To that end, the Parties desire to
jointly share the costs associated with this study.
D. Because the Parties all own and operate water treatment facilities downstream of the proposed SCIF
project, the anticipated effects of the project will impact each of the Parties; as such, the cooperation
between Mesa, Gilbert, and Chandler to jointly complete this study will serve the best interests of
the public through potential cost savings by reducing duplicative work.
PURPOSE OF THE AGREEMENT
1) The purpose of this Agreement is to allow for cost sharing between the Parties of the WaterWorks
Engineers study into the downstream effects of the SCIF project (the Study). The scope of the Study
is more specifically described in the attached Exhibit A.
TERMS OF THE AGREEMENT
2) Gilbert Responsibilities:
a) Gilbert shall assume the lead for the procurement, negotiation, and management needed to complete
the Study at a price not to exceed $145,840. All Parties shall have equal authority in the decision-
{00461500.10}
Page 2 of 13
making process.
b) WaterWorks shall invoice Gilbert for work performed under the contract. Gilbert shall invoice Mesa
and Chandler each for one-third of the costs reflected in each invoice Gilbert receives from
WaterWorks. Subject to Section 4, Gilbert shall invoice Mesa and Chandler for one-third each of
the cost of any change orders approved by all Parties that increase the total contract price above the
not-to-exceed amount.
c) After the execution of the contract and upon request from Mesa or Chandler, Gilbert will provide
the requesting entity progress updates every 30 days to the extent Gilbert has responsive information
in its possession, unless reviews, discussions or decisions by the Parties related to the Study are
required by the parties, in which case a meeting shall be held pursuant to Section 2(d) below. Mesa
and Chandler may request such updates no more than once in any thirty (30) day period.
d) Upon receipt of a request from WaterWorks for a meeting related to the Study, Gilbert shall
promptly notify Mesa and Chandler of the request and shall coordinate a date when all Parties can
attend. The Parties shall make reasonable efforts to schedule the meeting within 10 days of
WaterWorks’ request, or within such shorter period as circumstances may require. The Parties
designate the following representatives to attend such meetings:
Gilbert: Lauren Hixson, Water Resources Manager
Rebecca Hamel, Water Manager
Chandler: Simone Kjolsrud, Water Resources Manager
Jeremy Abbott, Utilities Director
Mesa: Christopher Mitchell, Assistant Water Resources Director
Joe Giudice, Water Resources Director
e) WaterWorks shall provide all Parties with copies of any draft and final reports. Subject to Section
4, Gilbert will also provide an invoice for one-third of any remaining costs related to the Study.
f) All Parties shall provide comments on draft reports to WaterWorks and to each other Party within
15 calendar days of receipt of the draft report.
3) Responsibilities of Mesa and Chandler:
a) Mesa and Chandler hereby designate Gilbert as the lead agency for procurement, negotiation, and
management of the Study.
b) Upon request from WaterWorks, Mesa and Chandler shall provide any information or data within
their possession that is necessary for the completion of the Study.
c) Mesa and Chandler shall remit payment to Gilbert within thirty (30) days of receipt of an invoice
issued pursuant to Section 2 above.
{00461500.10}
Page 3 of 13
4) Change Orders
Following the execution of the contract, Gilbert shall notify Mesa and Chandler of any change order
requests. Should Mesa or Chandler object to any change order, it shall notify Gilbert within five (5)
business days of receipt of the change order request, and the Parties shall meet to resolve their
disagreement. No change order request shall be approved without the consent of all Parties.
5) Term
a) The term of this Agreement shall commence on the date it is fully executed (“Effective Date”)
and shall end upon the earlier of (i) the completion and acceptance by the Parties of the final
report produced as a result of the Study, (ii) three (3) years from the Effective Date, or (iii) upon
written agreement of the Parties; provided, however, any termination of this Agreement shall not
terminate any then-existing obligation to pay for the Study nor shall it terminate the indemnities
specified in Section 6. Notwithstanding the foregoing, any funding provided for in this Agreement
is contingent upon being budgeted and appropriated by the Gilbert Town Council, the Mesa City
Council, and the Chandler City Council in accordance with A.R.S. § 42-17106 for such fiscal
year.
6) Indemnity:
a) Gilbert hereby agrees that, to the extent permitted by law, Gilbert shall defend, indemnify, and
hold harmless Mesa and Chandler, their departments, agencies, officers, employees, elected
officials or agents, (“Mesa & Chandler Indemnitees”) from and against all third party losses,
damages, claims, and expenses (including court costs, expenses for litigation, and reasonable
attorney fees), or other liabilities of any kind ("Liability") resulting from or arising out of
Gilbert’s acts or omissions under this Agreement (including, without limitation, Liability on
account of any injury, sickness, disease, or death of any person or damage, destruction, or loss of
any property), to the extent such Liability is due to the gross negligence or more culpable conduct
of Gilbert, its officers, employees, elected officials, agents, or anyone under Gilbert's direction
and control. Nothing herein shall require Gilbert to indemnify or hold harmless the Mesa &
Chandler Indemnitees for any Liability to the extent caused by the negligent acts or omissions of
the Mesa & Chandler Indemnitees.
b) Mesa hereby agrees that, to the extent permitted by law, Mesa shall defend, indemnify, and hold
harmless Gilbert and Chandler, their departments, agencies, officers, employees, elected officials
or agents, (“Gilbert & Chandler Indemnitees”) from and against all third party losses, damages,
claims, and expenses (including, without limitation, court costs, expenses for litigation, and
reasonable attorney fees), or other liabilities of any kind ("Liability") resulting from or arising out
of Mesa’s acts or omissions under this Agreement (including, without limitation, Liability on
account of any injury, sickness, disease, or death of any person or damage, destruction, or loss of
any property), to the extent such Liability is due to the gross negligence or more culpable conduct
of Mesa, its officers, employees, elected officials, agents, or anyone under Mesa's direction and
control. Nothing herein shall require Mesa to indemnify or hold harmless the Gilbert & Chandler
Indemnitees for any Liability to the extent caused by the negligent acts or omissions of the Gilbert
& Chandler Indemnitees.
{00461500.10}
Page 4 of 13
c)
Chandler hereby agrees that, to the extent permitted by law, Chandler shall defend, indemnify,
and hold harmless Gilbert and Mesa, their departments, agencies, officers, employees, elected
officials or agents, (“Gilbert & Mesa Indemnitees”) from and against all third party losses,
damages, claims, and expenses (including, without limitation, court costs, expenses for litigation,
and reasonable attorney fees), or other liabilities of any kind ("Liability") resulting from or arising
out of Chandler’s acts or omissions under this Agreement (including, without limitation, Liability
on account of any injury, sickness, disease, or death of any person or damage, destruction, or loss
of any property), to the extent such Liability is due to the gross negligence or more culpable
conduct of Chandler, its officers, employees, elected officials, agents, or anyone under Chandler's
direction and control. Nothing herein shall require Chandler to indemnify or hold harmless the
Gilbert & Mesa Indemnitees for any Liability to the extent caused by the negligent acts or
omissions of the Gilbert & Mesa Indemnitees.
7) General Provisions:
a) This Agreement contains the entire understanding between the Parties with respect to the subjects
addressed and supersedes all prior negotiations and agreements.
b) This Agreement may be amended only by an instrument in writing signed by authorized
representatives of the Parties.
c) Nothing in this Agreement shall create a relationship of agency, partnership, or employer-employee
between Mesa, Gilbert, and Chandler, and it is the intent and desire of the Parties that the
relationship be and be construed as that of independent contracting parties and not as agents,
partners, joint ventures, joint employers, or a relationship of employer or employee.
d) This Agreement is solely for the benefit of the Parties hereto and, except as aforesaid, no provision
of this Agreement shall be deemed to convert any remedy, claim, or right upon any third party,
including any current or former employee of Mesa, Gilbert, or Chandler or any participant or
beneficiary in any benefit plan, program, or arrangement.
e) If any provision of this Agreement shall be held invalid, illegal, or unenforceable, the validity,
legality, or enforceability of the other provisions of this Agreement shall not be affected thereby, and
there shall be deemed substituted for the provision at issue a valid, legal and enforceable provision
as similar as possible to the provision at issue.
f) All notices, requests, instructions, or other documents to be given hereunder to any Party shall be in
writing and shall be deemed to have been duly given when delivered in person or upon confirmation
of receipt when transmitted by electronic mail or on receipt after dispatch by registered or certified
mail, postage prepaid, addressed as follows:
{00461500.10}
Page 5 of 13
If to Gilbert:
Water Resources Manager
50 E Civic Center Dr
Gilbert, AZ 85296
Email: Lauren.Hixson@gilbertaz.gov
With a copy to:
Public Works Director
900 E Juniper Ave
Gilbert, AZ 85234
Email: Jessica.Marlow@gilbertaz.gov
If to Mesa:
Christopher Mitchell, Assistant Director
640 N. Mesa Drive
Mesa, Arizona 85201
Email: christopher.mitchell@mesaaz.gov
With a copy to:
Joseph Giudice, Director
640 N. Mesa Drive
Mesa, Arizona 85201
Email: joseph.giudice@mesaaz.gov
If to Chandler:
Simone Kjolsrud____
975 E. Armstrong Way
Chandler, AZ 85286_
Email: Simone.Kjolsrud@chandleraz.gov
With a copy to:
Jeremy Abbott, Utilities Director
975 E. Armstrong Way
Chandler, AZ 85286
Email: Jeremy.Abbott@chandleraz.gov
g) Attached to this Agreement are copies of appropriate action by ordinance, resolution, or otherwise
authorizing the respective Parties to enter into this Agreement.
h) This Agreement may be cancelled pursuant to A.R.S. § 38-511.
Signatures are on the following pages
{00461500.10}
Page 6 of 13
IN WITNESS WHEREOF, the Parties have executed this Agreement to be effective the
date first written above.
TOWN OF GILBERT
Approved and Accepted By:
Date
Attest:
Chaveli Herrera, Town Clerk
Date
APPROVAL OF GILBERT TOWN ATTORNEY
I hereby state that I have reviewed the proposed Intergovernmental Agreement between the
Town of Gilbert, the City of Mesa, and the City of Chandler and declare the Agreement to be in
proper form and within the powers and authority granted to their respective governing bodies under
the laws of the State of Arizona.
Christopher W. Payne, Town Attorney
Date
{00461500.10}
Page 7 of 13
CITY OF MESA
Approved and Accepted By:
Date
Attest:
Holly Moseley,City Clerk
Date
APPROVAL OF MESA CITY ATTORNEY
I hereby state that I have reviewed the proposed Intergovernmental Agreement between the
Town of Gilbert, the City of Mesa, and the City of Chandler and declare the Agreement to be in
proper form and within the powers and authority granted to their respective governing bodies under
the laws of the State of Arizona.
Jim Smith, City Attorney
Date
{00461500.10}
Page 8 of 13
CITY OF CHANDLER
Approved and Accepted By:
Date
Attest:
City Clerk
Date
APPROVAL OF CHANDLER CITY ATTORNEY
I hereby state that I have reviewed the proposed Intergovernmental Agreement between the
Town of Gilbert, the City of Mesa, and the City of Chandler and declare the Agreement to be in
proper form and within the powers and authority granted to their respective governing bodies under
the laws of the State of Arizona.
Kelly Schwab, City Attorney
Date
{00461500.10}
Page 9 of 13
Exhibit A
Scope of Work
Participating Owners: Gilbert, Chandler, Mesa
SRP/CAP Interconnection Facility (SCIF)
SCIF Downstream Impact Study
Scope of Work
Background
The Salt River Project (SRP)/CentralArizona Project (CAP) Interconnection Facility (SCIF) project
aims to enable SRP water to be pumped into the CAP canal. The SCIF would allow the use of
existing infrastructure and provide operational flexibility for two of the largest water providers in
Arizona. If implemented, the SCIF would allow water stored in SRP reservoirs to be transported to
customers with water treatment plants outside SRP's service territory. Cities like Mesa, Chandler,
Scottsdale, Phoenix, and Glendale, which have ownership of water within the conservation space
behind Roosevelt Dam, could benefit by receiving water through CAP, optimizing their water
resource utilization. The SCIF is essentially the reverse of a previous project, the CAP/SRP
Interconnection Facility (CSIF), completed in 1990, which allowed CAP water to be delivered
through the SRP system.
Introduction
The purpose of this SCIF Downstream Impact Study (Study) is to evaluate the impact to water
users downstream of the SCIF, specifically the Town of Gilbert (Gilbert), City of Chandler
(Chandler), and City of Mesa (Mesa) (collectively Owners). This Study is being jointly funded by
these three municipalities and will be managed by Gilbert and executed by Water Works Engineers
(Engineer). Cost sharing will be executed through existing Inter-Governmental Agreements (IGAs)
between Owners.
While providing the water resource benefits listed above, operation of the SCIF will impact
downstream water users due to the blending of SRP and CAP water. This blending could affect
several key water quality parameters, including Total Organic Carbon (TOC) and turbidity,
potentially exceeding the limits of existing plant processes and systems.
Total Organic Carbon
TOC levels in SRP water are higher than those typically found in CAP water. Elevated TOC can lead
to increased formation of disinfection byproducts (DBPs) during the water treatment process. To
manage higherTOC levels, downstream water treatment plants may need to implement additional
or enhanced treatment processes. This could result in significant capital improvements to upgrade
existing infrastructure.
Turbidity
Turbidity also varies between SRP and CAP sources. Higher turbidity levels in SRP water could
challenge the existing clarification and filtration systems at downstream treatment plants,
Scope of Work
Page 1 of 4
{00461500.10}
Page 10 of 13
Participating Owners: Gilbert, Chandler, Mesa
SRP/CAP Interconnection Facility (SCIF)
SCIF Downstream Impact Study
potentially requiring upgrades to filtration systems or the addition of pre-treatment processes to
ensure compliance with regulatory standards. This would involve capital expenditures on new
equipment and modifications to existing systems.
Scope of Work
Task Series 1 Project Administration
Task 1.1
Project Management
This task involves overseeing all aspects of the Study, including:
•
Coordinating with Gilbert and Owners to ensure clear communication and alignment on project
goals, scope, and deliverables.
•
Managing the project schedule, budget, and resources to ensure timely and cost-effective
completion of the project.
•
Facilitating regular meetings and progress updates to address any issues or changes in the
project scope.
Task Series 2 Data Collection and Review
Engineer will complete data collection and review phase as described in the followingtasks.
Task 2.1 Historical Source Water Quality from both SRP and CAP
SRP is currently completing a blend analysis that evaluates the range of operating blend scenarios
from the SRP and CAP source waters. It is anticipated that this will include parameters such as
TOC, turbidity, pH, Alkalinity, TDS, Hardness, Sodium, Chloride, Sulfate, Bromide, UV254 and other
relevant constituents. It is also understood that this SRP blend analysis will assess variability in
flow rates from both SRP and CAP sources and evaluate the likelihood and implications of a
scenario where 100% of the water in the CAP canal is sourced from SRP. The Study will develop
and analyze a single worst-case scenario in coordination with the stakeholders. The effort
included under this task is to document and incorporate the results of this SRP blend analysis into
the study.
Task 2.2 Historical WTP Raw Water Quality and WTP Performance
Under this task, historical raw water quality data will be collected from each of the respective water
treatment plants (WTPs) involved in the study: San Tan Vista Water Treatment Plant (SVWTP),
Signal Butte WTP, and Brown Road WTP. This data will include measurements of key water quality
parameters identified above. Historical performance data from each WTP will be collected to
evaluate the effectiveness of existing treatment processes. This includes data on settled water
turbidity, filtered water turbidity, TOC removal efficiency, and other performance metrics.
Historical operating parameters such as the types and dosage rates of chemicals used in the
Scope of Work
Page2 of4
{00461500.10}
Page 11 of 13
Participating Owners: Gilbert, Chandler, Mesa
SRP/CAP Interconnection Facility (SCIF)
SCIF Downstream Impact Study
treatment processes will bereviewed. This includes data on coagulants, polymers, acids, caustics,
disinfectants, filter run durations, etc. The scope of this analysis will be limited to three (3) 1-year
periods identified by the Owners as capturing significant or excursion events that created
operational challenges in the past.
Task Series 3 Existing WTP Evaluation
Task 3.1
Identify Existing Treatment System Sizing and Capacity
Engineer will document the existing water treatment processes and system sizing at each WTP.
This includes the size, capacity, and number of sedimentation basins, filter basins, and other
critical components.
Task 3.2
Evaluate Existing Treatment Processes under SCIF Scenarios
Engineer will evaluate the performance of the existing treatment processes under the previously
described SCIF scenarios. This evaluation will identify any treatment capability gaps where the
existing processes are insufficient. This will involve assessing the effectiveness of sedimentation,
filtration, TOC removal, chemical feed, and other critical processes in handling the blended water
quality. Engineer will also identify the predicted reduced capacity of each WTP under the various
SCIF scenarios developed previously.
Task 3.3
Evaluate Solids Handling Processes under SCIF Scenarios
Treating water with higher turbidity and TOC levels will generate more solids which must be
concentrated, dewatered, and disposed of appropriately. Engineer will perform a mass balance to
assess solids loading rates in residuals treatment processes to evaluate existing capacity and
reduced capacity under SCIF scenarios.
Task Series 4 WTP Upgrades and Recommendations
Task4.1 Process Upgrades
Engineer will identify new or modified unit processes to meet water quality standards under
maximum SCIF impact scenarios. New or modified unit processes could include pre-
sedimentation, oxidation, enhanced filtration, optimized chemical dosing, etc., to ensure
compliance with regulatory standards and maintain overall treatment efficacy under SCIF
scenarios.
Task4.2 Cost Development
Engineer will evaluate the cost impacts associated with implementing new unit processes and
upgrades at each WTP. This evaluation will include several key areas:
•
Capital Expenditures
Scope of Work
Page3 of4
{00461500.10}
Page 12 of 13
Participating Owners: Gilbert, Chandler, Mesa
SRP/CAP Interconnection Facility (SCIF)
SCIF Downstream Impact Study
•
Increased Chemical Usage
•
Electrical
•
Solids Handling and Disposal
•
Maintenance Costs
•
Staffing Costs
Task Series 5 Impact Study
Task 5.1
Report Development
The Engineer will provide a draft and final comprehensive report summarizing the findings from the
evaluation of the existing WTPs under various scenarios. This report will include proposed
upgrades to address identified gaps in treatment capabilities, detailed cost impacts associated
with implementing new unit processes, and compliance evaluations to ensure adherence to
regulatory standards. The engineer will develop conceptual designs for the recommended
upgrades and document the cost estimates for these new unit processes. Additionally, the
engineer will offer operational recommendations to optimize the performance of the WTPs under
the anticipated water quality conditions.
Scope of Work
Page4 of 4
{00461500.10}
Page 13 of 13