2022A008 - IGA - GILA BEND SCOTT AVE WASH - NRCS.PDF

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Flood Control District of Maricopa County
2801 W. Durango Street, Phoenix, AZ 85009

INTERGOVERNMENTAL AGREEMENT
FCD 2022A008
between the
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
and the

UNITED STATES DEPARTMENT OF AGRICULTURE
NATURAL RESOURCES CONSERVATION SERVICES

for the

FUNDING SUPPORT OF THE
SCOTT WASH PROJECT IN GILA BEND

Approved by the
BOARD OF DIRECTORS
of the
Flood Control District of Maricopa County

Agenda Item No. C-69-22-

Date _ 4/6/2022

DO NOT REMOVE
Tuts CovER Is PART OF THE OFFICIAL DOCUMENT

USDA

————— U.S, Department of Agriculture
<a Natural Resources Conservation Service

NOTICE OF GRANT AND AGREEMENT AWARD

NRCS-ADS-093

1. Award identifying Number

NR229457XXXXC005

2. Amendment Number

3. Award /Project Period

NRCS signature - 09/08/2022

4. Type of award instrument:

Cooperative Agreement

5. Agency (Name and Address)

Phoenix, AZ 85003

Natural Resources Conservation Service
230 North First Avenue, Suite 509

6. Recipient Organization (Name and Address)

FLOOD CONTROL DISTRICT OF MARICOPA COUNTY

2801 W DURANGO
PHOENIX AZ 85009-6356

DUNS Number: 610085896
EIN:

7. NRCS Program Contact

Name: MONTY LANE
Phone:
Email: monty.lane@usda.gov

8. NRCS Administrative
Contact

Name: Lori Baker
Phone: (859) 224-7360
Email: lori.baker@usda.gov

9. Recipient Program
Contact

Name: Scott Vogel
Phone: (602) 506-4771

Email: scott.vogel@maricopa.

gov

10. Recipient Administrative
Contact

Name: Scott Vogel

Phone: (602) 506-4771

Email: scott. vogel@maricopa.
gov

41. CFDA

10.923

12. Authority

33 U.S.C. 701b-1

13. Type of Action

New Agreement

14, Program Director

Name: Michael Fulton
Phone: (602) 506-4708
Email: michael.
fulton@maricopa.gov

15. Project Title/ Description: EWPP - Maricopa County, AZ. DSR 5087-001. Debris removal and installation of culvert.

16. Entity Type: C = City or township Government

17. Select Funding Type

Select funding type: [KX Federal [Xi Non-Federal
Original funds total $479,884.99 $141,634.87
Additional funds total $0.00 $0.00

Grand total $479,884.99 $141,634.87

18. Approved Budget

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Personnel $0.00 Fringe Benefits $0.00
Travel $0.00 Equipment $0.00
Supplies $0.00 Contractual $0.00
Construction $424,904.08 Other $54,980.91
Total Direct Cost $479,884.99 Total indirect Cost $0.00
Total Non-Federal Funds $141,634.87
Total Federal Funds Awarded $479,884.99
Total Approved Budget $621,519.86

This agreement is subject to applicable USDA NRCS statutory provisions and Financial Assistance Regulations. In accepting this
award or amendment and any payments made pursuant thereto, the undersigned represents that he or she is duly authorized to
act on behalf of the awardee organization, agrees that the award is subject to the applicable provisions of this agreement (and all
attachments), and agrees that acceptance of any payments constitutes an agreement by the payee that the amounts, if any,
found by NRCS to have been overpaid, will be refunded or credited in full to NRCS,

Name and Title of Authorized
Government Representative Signature Date

KEISHA L. TATEM,
State Conservationist

Name and Title of Authorized
Recipient Representative Signature Date

BILL GATES,
Chairman

NONDISCRIMINATION STATEMENT

The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin,
age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political
beliefs, reprisal, or because all or a part of an individual's income is derived from any public assistance program. (Not all prohibited bases apply

to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print,
audiotape, etc.) should contact USDA's TARGET Center at (202) 720-2600 (voice and TDD). To fife a complaint of discrimination write to

USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW., Washington, DC 20250-9410 or call (800) 795-3272 (voice) or (202)

720-6382 (TDD). USDA is an equal opportunity provider and employer.

PRIVACY ACT STATEMENT

The above statements are made in accordance with the Privacy Act of 1974 (5 U.S.C. Section 522a).

Page 2 of 8

Statement of Work

Purpose

The purpose of this agreement is for the United States Department of Agriculture, Natural Resources Conservation
Service, hereinafter referred to as the “NRCS, to provide technical and financial assistance to the Flood Control District
of Maricopa County, hereinafter referred to as the “Sponsor”, for EWP Project # 5087 in Maricopa County, Arizona, for
implementation of recovery measures, that, if left undone, pose a risk to life and/or property.

Objectives

The design and installation of EWP measures as detailed in the individual Damage Survey Reports (DSR) and described
here:

- DSR 5087-001 — Debris removal and installation of culvert

Budget Narrative

A. The estimated costs for the Project
1. Total Estimated Project Budget: $621,519.86
The budget includes:

Financial Assistance (FA) Costs:
Construction Costs (75% NRCS $424,904.08 + 25% Sponsor $141,634.87): $566,538.95

Technical Assistance (TA) Costs: .
100% NRCS: up to $54,980.91

3. NRCS pays up to 75 percent of eligible construction costs and Sponsor pays 25 percent of construction costs. NRCS
will also contribute up to $54,980.91 for contract administration and construction management costs. It is possible that
technical and administrative costs will exceed this amount, requiring the Sponsor to contribute resources to complete
technical and administrative work

4. NRCS funding for this project is provided to the Sponsor in two separate NRCS funding accounts, one for financial
assistance (FA) and one for technical assistance (TA). FA costs are associated with construction activities; TA costs are
associated with services. These expenditures shall be accounted for separately in order for expenses to be eligible for
reimbursement.

5. NRCS will provide FA for actual costs as reimbursement to the Sponsor for approved on-the-ground construction
costs, subject to above limits. If costs are reduced, reimbursement will be reduced accordingly. Construction costs are
associated with the installation of the project measures including labor, equipment and materials.

6. NRCS will provide TA reimbursement to the Sponsor for technical and administrative costs directly charged to the
project, subject to the above limits. If costs are reduced, reimbursement will be reduced accordingly. These costs include
a. engineering costs include, but not limited to, developing a project design that includes construction drawings and
specifications, an operation and maintenance plan, a quality assurance/inspection plan and an engineer's estimate of the
project installation costs in addition to providing necessary quality assurance during construction.

b. contract administration costs include, but not limited to, soliciting, evaluating, awarding and administering contracts for
construction and engineering services, including project management, verifying Invoices and record keeping.

7. The Sponsor will contribute funds toward the total construction costs in either direct cash expenditures, the value of
non-cash materials or services, or in-kind contributions. The value of any in-kind contribution shall be agreed to in writing
prior to implementation.

Responsibilities of the Parties:

A. SPONSOR will—

1. Accomplish construction of the EWP project measures by contracting, in-kind construction services, or a combination
of both.

Page 3 of 8

2. Ensure and certify by signing this agreement that its cost share obligation is from a non-Federal source.

3. Comply with the terms and conditions of this agreement and the attached general terms and conditions except those
that are not applicable to State and local governments.

4. Acquire adequate real property rights (land and water), permits and licenses in accordance with local, state, and
Federal laws necessary for the installation of EWP project measures at no cost to NRCS prior to construction. This
includes any rights associated with required environmental mitigation. Costs related to land rights and permits are the
Sponsor's responsibility and ineligible for reimbursement.

5. Accept all financial and other responsibility for excess costs resulting from their failure to obtain, or their delay in
obtaining, adequate land and water rights, permits and licenses needed for the Project.

6. Provide the agreed-to portion of the actual, eligible and approved construction cost. These costs may be in the form of
cash, in-kind construction services, or a combination of both. Final construction items that are eligible construction costs
will be agreed upon during the pre-design conference. These costs consist of costs from contracts awarded to
contractors and eligible Sponsor in-kind construction costs for materials, labor, and equipment. The Sponsor shall
provide NRCS documentation to support all eligible construction costs. Construction costs incurred prior to the Sponsor
and NRCS signing this agreement are ineligible and will not be reimbursed.

7. Be responsible for 100 percent of all ineligible construction costs and 100 percent of any unapproved upgrade to
increase the level of protection over and above that described in the DSR.

8. Account for and report FA and TA expenditures separately in order for expenses to be eligible for reimbursement.
NRCS funding for this project is provided to the Sponsor in two separate NRCS funding accounts, one for TA and one for
FA, requiring this separation.

9, The contracts for design services and construction described in this Agreement shall not be awarded to the Sponsor
or to any firm in which any Sponsor's official or any member of such official’s immediate family has direct or indirect
interest in the pecuniary profits or contracts of such firms. Reference 2 CFR § 200.318 regarding standards of conduct
covering conflicts of interest and governing the performance of its employees engaged in the selection, award, and
administration of contracts. ‘

10. For in-kind construction services (materials, labor, and/or equipment supplied by the Sponsor), develop a Plan of
Operations describing the construction services to be performed including estimated quantities and values. The Plan of
Operations shall be concurred in by NRCS at the pre-design conference. In-kind construction services for equipment
shall not exceed published FEMA equipment rates unless otherwise documented and concurred in advance by NRCS.

11. The following documentation is required to support the Sponsor's request for reimbursement of in-kind construction
services:

a. Invoices covering actual costs of materials used in constructing the eligible EWP project measures.

b. Records documenting the type, quality, and quantities of materials actually used in constructing the eligible EWP
project measures.

c. Daily time records for each employee showing name, classification, wage rate, hours, and dates actually employed for
constructing the eligible EWP project measures.

d. Equipment operating records showing the type and size of equipment, hourly rate, actual hours of operation and dates
used to install the eligible EWP project measures. Equipment idle time is not eligible in-kind construction services, even if
on the job site, and should not be included in the equipment operating records.

12. Ensure that any special requirements for compliance with environmental and/or cultural resource laws are
incorporated into the project.

13. The Sponsor must secure at its own expense all Federal, State, and local permits and licenses necessary for
completion of the work described in this agreement as well as any necessary natural resource rights and provide copies
of all permits and licenses obtained to NRCS.

14. Will arrange and pay for any necessary location, removal, or relocation of utilities. EWP program regulations prohibit
NRCS from reimbursing the Sponsor or otherwise paying for any such costs; nor do the costs qualify as a Sponsor cost-
share contribution.

15. Ensure that technical and engineering standards and specifications of NRCS are adhered to during construction of
the Project, as interpreted by NRCS Program/Technical Contact. Provide NRCS Program/Technical Contact progress
reports as necessary and agreed to. Progress reports should include technical on-site inspections of work accomplished
for the period, work planned, results of material tests, deficient work products and/or tests with corrective actions taken,

Page 4 of 8

modifications anticipated, technical problems encountered, contractual issues and other relevant information.

16. Ensure that all contractors on NRCS assisted projects are performing their work in accordance with OSHA
regulations and the Contract Work Hours and Safety Standards Act (40 USC 3701-3708) as supplemented by
Department of Labor regulations (29 CFR Part 5). The Sponsor is responsible for periodically checking the contractor's
compliance with safety requirements.

17. Provide PE-certified as-built drawings and quantities for the project. A copy of the as-built drawings will be submitted
to the NRCS Program/Technical Contact.

18. Pay the contractor(s) for work performed in accordance with the agreement and submit a SF-270, “Request for
Advance or Reimbursement" to the ezFedgrants system or the designated email box below with a copy to the Program/
Technical Contact with all documentation to support the request. Final payment request shall be submitted within 90
calendar days of completion of the EWP project measures. Payments will be withheld until all required documentation is
submitted and complete.

a. The required supporting documentation for reimbursement of construction costs include invoices and proof of payment
to the contractor showing the items and quantities installed and certified by the engineer of record along with any
supporting documentation such as quantity calculations, rock weight tickets, etc.

b. The required supporting documentation for reimbursement of in-kind construction expenses will include employee time
sheets, employee hourly rate, equipment operating logs, equipment hourly rate, and material quantities and invoices.

c. The required documentation for reimbursement of technical and administrative services will be invoices and proof or
payment to consultants and/or employee time sheets along with the employee’s hourly rate, hours worked, and date
work was performed.

19. Ensure that information in the System for Award Management (SAM) is current and accurate until the final financial
report (SF-425) under this award or final payment is received, whichever is later.

20. Take reasonable and necessary actions to dispose of all contractual and administrative issues arising out of the
contract(s) awarded under this Agreement. This includes, but is not limited to disputes, claims, protests of award, source
evaluation, and litigation that may result from the Project. Such actions will be at the expense of the Sponsor, including
any legal expenses. The Sponsor will advise, consult with, and obtain prior written concurrence of NRCS on any litigation
matters in which NRCS could have a financial interest.

21. Sponsor must indemnify and hold NRCS harmless to the extent permitted by State law for any costs, damages,
claims, liabilities, and judgments arising from past, present, and future acts or omissions of the Sponsor in connection
with its acquisition and management of the Emergency Watershed Protection Program pursuant to this agreement.
Further, the Sponsor agrees that NRCS will have no responsibility for acts and omissions of the Sponsor, its agents,
successors, assigns, employees, contractors, or lessees in connection with the acquisition and management of the
Emergency Watershed Protection Program pursuant to this agreement that result in violation of any laws and regulations
that are now or that may in the future become applicable.

22, Retain all records dealing with the award and administration of the contract(s) for 3 years from the date of the
Sponsor's submission of the final request for reimbursement or until final audit findings have been resolved, whichever is
longer. If any litigation is started before the expiration of the 3-year period, records are to be retained until the litigation is
resolved or the end of the 3-year period, whichever is longer. Make such records available to the Comptroller General of
the United States or his or her duly authorized representative and accredited representatives of the Department of
Agriculture or cognizant audit agency for the purpose of making audit, examination, excerpts, and transcriptions.

23, Be liable to the NRCS for damages sustained by the NRCS as a result of the contractor failing to complete the work
within the specified time. The damages will be based upon the additional costs incurred by the NRCS resulting from the
contractor not completing the work within the allowable performance period. These costs include but are not limited to
personnel costs, travel, etc. The NRCS will have the right to withhold such amount out of any monies that may be then
due or that may become due and payable to the Sponsor. This liability is not applicable to the extent that the contract
performance time is extended by court judgment unless such judgment results from actions of the Sponsor not
concurred in by NRCS.

24, Take necessary legal action, including bringing suit, to collect from the contractor any monies due in connection with
the contract, or upon request of NRCS, assign and transfer to NRCS any or all claims, demands, and causes of action of
every kind whatsoever that the Sponsor has against the contractor or his or her sureties.

25. Submit performance reports on an annual basis to ezFedGrants or to the Farm Production and Conservation (FPAC)
Grants and Agreements Division via email to: FPAC.BC.GAD@usda.gov with a copy to Designated Program/Technical
Contact . Reports are due 30 calendar days after the reporting period.

26. Submit SF-425 Financial Reports on an annual basis to ezFedGrants or to the Farm Production and Conservation

Page 5 of 8

(FPAC) Grants and Agreements Division via email fo: FPAC.BC.GAD@usda-‘gov with a copy to Designated Program/
Technical Contact . Reports are due 30 calendar days after the reporting period.

27. Submit payment requests to the ezFedGrants or to the Farm Production and Conservation(FPAC) Grants and
Agreements Division via email to: FPAC.BC.GAD@usda.gov with a copy to the Designated Program/Technical Contact
on a monthly or quarterly basis. Refer to the General Terms and Conditions for more information regarding payment
requests.

B. NRCS will—

1. Assist Sponsor in establishing design parameters; determine eligible construction costs during the pre-design
conference.

2, Designate a Government representative (GR) to serve as liaison with the Sponsor and identify that person's contact
information with this executed agreement.

3. Review, comment and concur in preliminary and final plans, specifications, O&M Plan, Plan of Operations (if required)
and QAP.

4. Make periodic site visits during the installation of the EWP project measures to review construction progress,
document conformance to engineering plans and specifications, and provide any necessary clarification on the
Sponsor's responsibllities.

5. Upon notification of the completion of the EWP project measures, NRCS shall promptly review the performance of the
Sponsor to determine if the requirements of this agreement and fund expenditures as agreed have been met.

6. Make payment to the Sponsor covering NRCS’ share of the cost upon receipt and approval of Form SF-270 and
supporting documentation, withholding the amount of damages sustained by NRCS as provided for in this agreement. In
the event there are questions regarding the SF 270 and supporting documentation, NRCS will contact the Sponsor in a
timely manner to resolve concerns.

C, MUTUALLY AGREED

1. The furnishing of financial, administrative, and/or technical assistance above the original funding amount by NRCS is
contingent on there being sufficient unobligated and uncommitted funding in the Emergency Watershed Protection
Program that is available for obligation in the year in which the assistance will be provided. NRCS may not make
commitments in excess of funds authorized by law or made administratively available. Congress may impose
obligational limits on program funding that constrains NRCS’s ability to provide such assistance.

2. In the event of default of a construction contract awarded pursuant to this agreement, any additional funds properly
allocable as construction costs required to ensure completion of the job are to be provided in the same ratio as
construction funds are contributed by the parties under the terms of this agreement. Any excess costs including interest
resulting from a judgment collected from the defaulting contractor, or his or her surety, will be prorated between the
Sponsor and NRCS in the same ratio as construction funds are contributed under the terms of the agreement.

3. Additional funds, including interest properly allocable as construction costs as determined by NRCS, required as a
result of decision of the CO or a court judgment in favor of a claimant will be provided in the same ratio as construction
funds are contributed under the terms of this agreement. NRCS will not be obligated to contribute funds under any
agreement or commitment made by the Sponsor without prior concurrence of NRCS.

4. The State Conservationist may make adjustments in the estimated cost to NRCS set forth in this agreement for
constructing the EWP measures. Such adjustments may Increase or decrease the amount of estimated funds that are
related to differences between such estimated cost and the amount of the awarded contract or to changes, differing site
conditions, quantity variations, or other actions taken under the provisions of the contract. No adjustment will be made to
change the cost sharing assistance provided by NRCS as set forth in this agreement, nor reduce funds below the
amount required to carry out NRCS’ share of the contract.

5. Except for item 4. above (last sentence), this document may be revised as mutually agreed through a written
amendment duly executed by authorized officials of all signatory parties to this agreement.

6. NRCS, at its sole discretion, may refuse to cost share should the Sponsor, in administering the contract, elect to
proceed without obtaining concurrence as set out in this agreement.

Page 6 of 8

7. Once the project is completed and all requests for reimbursement submitted, any excess funding remaining tn the
agreement will be de-obligated from the agreement.

8. If inconsistencies arise between the language in the Statement of Work (SOW) in the agreement and the general
terms and conditions, the language in the SOW takes precedence.

Expected Accomplishments and Deliverables

1. Prepare design, construction specifications, and drawings in accordance with standard engineering principles that
comply with NRCS programmatic requirements; and/or contract/install the designed construction. Any design services
will be by a professional registered engineer. Sponsor will obtain NRCS review and concurrence on the design,
construction plans, and specifications. The Sponsor must ensure description of work is reviewed, concurred, and
approved by NRCS. A copy of the final signed and sealed plans and specifications shall be provided to NRCS.

2. Contract for services and construction in accordance with the Code of Federal Regulations (CFR), 2 CFR § 200.317
through 200.326, applicable State regulations, and the Sponsor's procurement regulations, as appropriate. (See general
terms and conditions attached to this agreement for a link to the CFR.) In accordance with 2 CFR § 200.326, contracts
must contain the applicable provisions described in Appendix il to Part 200. Davis-Bacon Act would not apply under this
Federal program legislation.

3. Provide copies of site maps to appropriate Federal and State agencies for environmental review. Sponsor will notify
NRCS of environmental clearance, modification of construction plans, or any unresolved concerns as well as copies of
all permits, licenses, and other documents required by Federal, state, and local statutes and ordinances prior to
solicitation for installation of the EWP project measures. AH modifications to the plans and specifications shall be
reviewed and concurred on by NRCS.

4, Prepare and submit for NRCS concurrence an Operation and Maintenance (O&M) Plan, if applicable, prior to
commence of work. The O&M Plan shall déscribe the activities the Sponsor will do to ensure the project performs as
designed. Upon completion of the project measures, the Sponsor shall assume responsibility for O&M.

5. Prior to commencement of work and/or solicitation of bids, submit for NRCS review and concurrence a Quality
Assurance Plan (QAP). The QAP shall outline technical and administrative expertise required to ensure the EWP project
measures are installed in accordance with the plans and specifications, identify individuals with the expertise, describe
items to be inspected, list equipment required for inspection, outline the frequency and timing of inspection (continuous
or periodic), outline inspection procedures, and record keeping requirements. A copy of the final QAP shall be provided
to NRCS prior to commencement of construction.

6. Provide construction inspection in accordance with the QAP.
7. Arrange for and conduct final inspection of completed project with NRCS to determine whether all. work has been

performed in accordance with contractual requirements. Provide a PE certification that the Project was installed in
accordance with approved plans and specification

Resources Required

As stated in this agreement.

Milestones

Milestones shall include, but not limited to, the following items:
1. Obtaining permits: estimated month 1

2. Completing quality assurance plan: estimated month 1

3. Solicit bids: estimated month 14

4. Award contract: estimated month 2

5. Date of estimated completion of construction: 9/8/2022

8. Complete close-out activities

Page 7 of 8

GENERAL TERMS AND CONDITIONS

Please reference the below link(s) for the General Terms and Conditions pertaining to this award:
httos://www.fpache.usda.gov/about/grants-and-agreements/award-terms-and-conditions/index.html

Page 8 of 8

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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 Agreement FCD-2022A008 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

FCD 2022A008 Page 4 of 4