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AMENDMENT No. 3 to INTERGOVERNMENTAL AGREEMENT IGA FCD 20184011 for the DESIGN, RIGHTS-OF-WAY ACQUISITION, UTILITY RELOCATIONS, CONSTRUCTION, CONSTRUCTION MANAGEMENT AND OPERATION AND MAINTENANCE of the 27 Avenue and Olney Storm Drain Project between the City of Phoenix and the FLOOD CONTROL DISTRICT OF MARICOPA COUNTY IGA FCD 2018A011C Agenda Item C-649-\9-003- 3.03 This Amendment Number 3, also known as Intergovernmental Agreement (IGA) 2018A011C (AMENDMENT 3), to IGA 2018A011, 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, hereinafter called the DISTRICT and the City of Phoenix, a municipal corporation, acting by and through its City Manager, hereinafter called the CITY. The DISTRICT and the CITY ate hereinafter collectively called the PROJECT PARTNERS. This AMENDMENT 3 shall become effective as of the date it has been executed by the PROJECT PARTNERS. STATUTORY AUTHORIZATION 1. The DISTRICT is empowered by Atizona 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.) Section 9-461.12 as amended, and the Phoenix City Chatter, Section 2(i), to enter into this Agreement and has authorized the undersigned to execute this Agreement on behalf of the CITY. BACKGROUND 3. On March 7, 2018, the Board of Directors of the DISTRICT adopted Resolution FCD 2018R006 (C-69-18-024-6-00), authorizing the DISTRICT to cost-share in the 27% Avenue and Olney Storm Drain Project, hereinafter refetred to as the PROJECT, and to negotiate Amendment 3 FCD 2018A011C PCN 117,05.31 Page Lof5 Intergovernmental Agreements for the design, rights-of-way acquisitions, construction, construction management, and operation and maintenance of the PROJECT. 4, On September 19, 2018, the Board approved IGA FCD 2018A011 (C-69-19-003-3-00) between the CITY and the DISTRICT for design, rights-of-way acquisition, utility relocations, construction, construction management and operation and maintenance of the PROJECT. 5. On October 23, 2019, the Board approved Amendment No. 1 IGA FCD 2018A011A (C-69-19- 003-3-01) (AMENDMENT 1) to change the obligation for BASINS construction, rights-of-way acquisition, and modifies the PROJECT COST to account for the lack of the FEMA Grant. 6. On August 19, 2020, the Board approved Amendment No. 2 IGA FCD 2018A011B (C-69-19- 003-3-02) (AMENDMENT 2) to change the obligation for rights-of-way acquisition for the storm drain and modifies the PROJECT COST to account for the Durango Regional Conveyance Channel project. 7, The DISTRICT received 5 bids on the PROJECT. Due to uncertainty of the market and materials shortage, the low bidder amount was 28.89% higher than the engineet’s estimate. This significant cost increase has aggravated the CITY’s project budget. Therefore, the PROJECT PARTNERS agteed to modify the project cost share of the delta between the low bidder amount and the engineer’s estimate at 65%/35%. The 50/50 cost-share will still apply to the low bidder amount up to the value of the engineet’s estimate at time of bid opening, PURPOSE OF THE AMENDMENT This AMENDMENT 3 modifies the PROJECT COST between the CITY and the DISTRICT that were set out in IGA 2018A011 and AMENDMENT 2. TERMS OF AMENDMENT 8. The low bidder amount is $14,410,000.00. 9. The engineer’s estimate of the construction cost is $11,182,742.00. 91.1 The CITY shall fund thirty-fine percent (35%) of the delta between the low bidder amount and the engineer’s estimate. 9.1.2 The DISTRICT shall fund sixty-five percent (65%) of the delta between the low bidder amount and the engineex’s estimate. 9.1.3 The remainder of the low bidder amount will be cost shared at 50/50. 10. This AMENDMENT 3 governs where terms conflict with the original IGA FCD 2018A011, with the AMENDMENT 1 and the AMENDMENT 2. However, the original IGA FCD 2018A011, the AMENDMENT 1 and the AMENDMENT 2 ate applicable unless specifically changed by this AMENDMENT. The patagraph numbering in this AMENDMENT 3 is coincidental and is not intended to indicate that these same numbered paragraphs in the original Amendment 3 FCD 2018A011C PCN 17.05.31 Page 2 of 5 IGA FCD 2018A011 or the AMENDMENT 1 and AMENDMENT 2 ate being replaced in their entirety. 11. Require that any contractor selected for the PROJECT: 11.1.1 Warrant its compliance with all federal immigration laws and regulations that relate to its employees and their compliance with A.R.S. § 23-214(A). 11.1.2 Agree that a breach of the warranty under paragraph 16.2.1 shall be deemed a material breach of contract and is subject to penalties up to and including termination of the contract. 11.1.3. Warrants and certifies that it does not currently, and agrees for the duration of the contract that it will not, use: 11.1.3.1 The forced labor of ethnic Uyghurs in the People’s Republic of China. 11.1.3.2 Any goods of services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China. 11.133 Any contractors, subcontractors, or suppliers that use the forced labor or any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China. 12. Nothing in this AMENDMENT 3 (either express or implied) is intended to confer upon anyone other than the parties herein and their respective representatives, successors, and permitted assigns, any rights or remedies under or by reason of this AMENDMENT 3 nor is anything in this AMENDMENT 3 intended to relieve or discharge the liability of either party hereto. 13. Attached to this AMENDMENT 3 or contained herein, are the written determinations by the apptopriate attorneys for the PROJECT PARTNERS, that these agencies are authorized under the laws of the State of Arizona to enter into this AMENDMENT 3 and that it is in proper form. 14. If legislation is enacted after the effective date of this AMENDMENT 3 that changes the telationship or structure of one or more PROJECT PARTNERS, the PROJECT PARTNERS agree that this AMENDMENT 3 shall be renegotiated at the written request of either PROJECT PARTNER. Amendment 3 FCD 2018A011C PCN 117.05.31 Page 3 of 5 FLOOD CONTROL DISTRICT OF MARICOPA COUNTY A Political Subdivision of the State of Arizona Recommended by: Michel A. Fulton, Director Date Approved and Accepted: By: Chaitman, Board of Directors Date Attest: By: Clerk of the Board Date The foregoing Intergovernmental Agreement Amendment FCD 2018A011C has been reviewed pursuant to A.RS. 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 granted to the Flood Control District of Maricopa County under the laws of the State of Arizona. Flood Control District General Counsel Date Amendment 3 FCD 2018A011C PCN 117,05.31 Page 4 of 5 CITY OF PHOENIX A Municipal Corporation Approved and Accepted By: V0 Dec 15, 2022 Kini Knudson, P.E. Date Street Transportation Director Attest: Qn [octet Dec 22, 2022 City Clerk Date By: The foregoing Intergovernmental Agreement Amendment FCD 2018A011C 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 Phoenix under the laws of the State of Arizona. “4 ler eds Dec 22, 2022 City Atcomey Date Amendment 3 FCD 2018A011C PCN 1147.05.31 Page 5 of 5