2019A009A AMENDMENT 1 (1-24-2023)-UPDATED(JUNE)_FINAL_SIGNED_COS.PDF
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Contract Number 2020-011-COS-A2 AMENDMENT No. 1 to INTERGOVERNMENTAL AGREEMENT IGA 2019A009 1\mong CITY OF PHOENIX and the CITY OF SCOTTSDALE and the FLOOD CONTROL DISTRICT OF MARICOPA COUNTY for the CONSTRUCTION, CONSTRUCTION MANAGEMENT, AND OPERATION AND MAINTENANCE of the RAWHIDE WASH FLOOD HAZARD MITIGATION PROJECT IGA FCD 2019A009A City of Scottsdale Contract Number 2020-011-COS-AZ This Amendment Number 1 (AMENDMENT), also known as Intergovernmental Agreement (IGA) 2019A009A to IGA 2019A009, is entered into by and among the City of Phoenix, a municipal corporation, acting by and through its City Manager, hereinafter called PHOENIX, the City of Scottsdale, a municipal co1poration, hereinafter called SCOTTSDALE, and 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. The DISTRICT, PHOENIX, and SCOTTSDALE are hereinafter collectively called the PROJECT PARTNERS. This AMENDMENT shall become effective as of the date it has been executed by all parties. STATUTORY AUTHORIZATION 1. The DISTRICT is empowered by Arizona Revised Statutes (A.R.S.) Section 48-3603, as revised, to enter into this Agreement and has authorized the undersigned to execute this Agreement on behalf of the DISTIUCT. 2. PIIOENIX is empowered by A.R.S. Section 9-461.12 as amended, and the Phoenix City Charter, Section 2(i), to enter into this Agreement, and the City Council has authori%ed the undersigned to execute this Agreement on behalf of PHOENIX. 3. SCOTTSDALE is empowered by A.R.S. Section 11-952 as amended and the Scottsdale City Charter Section 3-1 to enter into this Agreement and has authorized the undersigned to execute this Agreement on behalf of SCOTTSDALE. Amendment 1 FCD 2019A009A PCN 122.01.30 PAGE10F6 151719--001 Contract Number 2020-0 l 1-COS-A2 BACKGROUND 4. On April 11, 2018, the Board of Directors of the DISTRICT adopted Resolution FCD 2018ROOS (C-69- 18-028-6-00), authorizing the DISTRICT to cost-share in the Rawhide Wash flood Mitigation Project, hereinafter referred to as the PROJECT, and to negotiate Intergovernmental Agreements for the design, rights-of-way acquisitions, construction, utility relocations, construction management, and operation and maintenance of the PROJECT. 5. On March 25, 2020, the 13oard approved !GA FCD 2019A009 (C-69-20-023-3-00) among PROJECT PARTNERS for constmction, constmction management, and operation and maintenance of the project. 6. The PROJECT PARTNERS have agreed to split the PROJECT into two phases. Phase 1 will include improvements downstream of Miller Road, and Phase 2 will consist of improvements upstream of Miller Road. 7. Due to the uncertainty of the market and increasing material prices, the construction cost of the PROJECT needs to be modified. The DISTRICT with the PROJECT PARTNERS also agreed to modify the project cost share of the delta between the original amount associated with !GA ($15,000,000) and the final construction cost at 65%/35%. The 50/50 cost share will still apply to the original amount approved by the !GA. 8. A draft version of this amendment was approved by the Scottsdale City Council that was not yet approved by the District. Upon adoption by the PROJECT PARTNERS, the executed version of the Amendment shall supersede and supplant the draft version of the Amendment which was signed by the Scottsdale City Council on March 24, 2023. PURPOSE OF THE AGREEMENT 9. This AMENDMENT only modifies the PROJECT's estimated cost for both phases and cost-sharing for the amount above $15,000,000 for the PROJECT activities related to construction, construction management, and operation and maintenance. TERMS OF AGREEMENT 10. With this AMENDMENT the estimated PROJECT cost is revised from $15,000,000 to $30,000,000. The cost share for the PROJECT's costs above $15,000,000 will be 65% DISTlUCT, 28% PHOENIX, and 7% SCOTTSDALE. 11. This AMENDMENT governs where terms conflict with the original IGA FCD 2019.L\009. The paragraph numbering in this J\lvIENDMENT is coincidental and is not intended to indicate that these same numbered paragraphs in the original !GA FCD 2019A009 are being replaced entirely. 12. Any contractor selected for the PROJECT pursuant to !GA 2019A009 or this AMENDMENT shall be required to: 12.1 \'\Tarrant its compliance with all federal immigration laws and regulations that relate to its employees and their compliance with A.R.S. § 23-214(A). 12.2 Warrants and certifies that it does not currently, and agrees for the duration of the contract that it will not, use: Amendment 1 I<CD 2019A009A PCN 122.01.30 PAGE20F6 Contract Number 2020-011-COS-A2 12.2.1 The forced labor of ethnic Uyghurs in the People's Republic of China. 12.2.2 Any goods or services produced by the forced labor of ethnic Uyghurs m the People's Republic of China. 12.2.3 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. 13. Agree that a breach of the warranty under the original IGA PCD 2019A009 paragraph 18.3.1 shall be deemed a material breach of contract and is subject to penalties up to and including termination of the contract. 14. Nothing in this AMENDMENT (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 because of this AMENDMENT, nor is anything in this AMENDMENT intended to relieve or discharge the liability of either party hereto. 15. Attached to this AMENDMENT 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 AMENDMENT and that it is in proper form. 16. If legislation is enacted after the effective date of this AMENDMENT that changes the relationship or stmcture of one or more PROJECT PARTNERS, the PROJECT PARTNERS agree that this AMENDMENT shall be renegotiated at the written request of either PROJECT PARTNER. 17. This AMENDMENT is subject to cancelation pursuant to A.R.S. § 38-511. Amendment l FCD 2019A009A PCN 122.01.30 PAGE3 01<' 6 Recommended by: Michael A. Fulton Director Contract Number 2020-01 l-COS-A2 FLOOD CONTROL DISTRICT OF MARICOPA COUNTY A Political Subdivision of the State of Arizona Date Approved and Accepted: By: _____________ _ Chairman, Board of Directors Date Attest: By: _____________ _ Clerk of the Board Date The foregoing Intergovernmental Agreement Amendment FCD 2019A009A 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 Amendment 1 FCD 2019A009A PCN 122.01.30 PAGE40FG Contract Number 2020-011-COS-A2 Approved and Accepted By: David D. Ortega, Mayor CITY OF SCOTTSDALE A Municipal Corporation, Date Attest: By: Ben Lane, City Clerk l-\~-Ju~3 Date The foregoing Intergovernmental Agreement Amendment FCD 2019A009A has been reviewed pursuant to Arizona Revised Statutes 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 Scottsdale under the laws of the State of Arizona. By: S ny R. Scott, City Attorney ate By: Eric C. Anderson, Sr. Asst. City Attorney Amendment I FCD 2019A009A PCN 122.01.30 PAGE60F6 Contract Number 2020-011-COS-A2 IGA FCD 2019A009A RAWHIDE WASH FLOOD HAZARD MITIGATION EXHIBIT "A" Legend - New Floodwall "• •" Existing Floodwall/Levee to be Certnied Anticpaled FEMA Post Project Floodzones 12Z'.! AH ~ AE flll Primarily AO w~h Some AE Exsiling SFHA Rawhide Wash Flood Hazard Mitigation Project E Bell Rd Amendment I FCD 2019A009A I I I / I PCN 122.01.30 /'- / I , E Deer Valley Rd ~ c: Q) ~ RI ::c z ~ I I I l E Happy Valley Rd E Pinnacle Peak Rd Feet 'C rx: RI .§ 0... z E(Union PAGE 1OF1