HomeMy WebLinkAboutC2020A010B - IGA Flood Control District - Golden Eagle Park Dam-Debris Mitigation Improvement ProjectAMENDMENT No. 2
to
Intergovernmental Agreement 2020A010
for the
Design, Rights -of -Way Acquisition, Utility Relocations, Construction, Construction
Management and Operation and Maintenance
of due
Golden Eagle Park Dam -Debris Mitigation Improvement Project
between the
Town of Fountain Hills
and the
Flood Control District of Maricopa County
IGA FCD 2020A010B
Agenda Item titinrot)(-02.
This Amendment No. 2, also known as Intergovernmental Agreement (IGA) FCD2020A010B
(AMFNI)MPN'I' 2) IGA 'CD 2020A010 is entered into by and between the Flood Control District
of Maxicopa Couuty, a political subdivision of the State of Arizona, acting by and through its Board
of Directors (the "DISTRICT"), and the Town of Fountain I tills, a municipal corporation, acting by
and through its Mayor and Town Council, (the "TOWN"). The TOWN and the DISTRICT are
collectively referred to as the PROJI (CJ' PARTNERS and as a PROJECT PARTNER
This AMENDMENT 2 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 TOWN 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 '1OWN.
BACKGROUND
3. On October 19, 2022 the Board of Directors of the DISTRICT (the Board) adopted Resolution
FCD 2022R003 (C-69-23-009-X-00) authorizing the DISTRICT to cost -share in projects
recommended under the DISTRICT's Small Project Assistance Program.
4. On July 22, 2020, the Board approved IGA PCD 2020A010 (C-69 21-000-X 00) authorizing the
DISTRICT and the TOWN to cost -share in the Golden Eagle Park Dam -Debris Mitigation
Improvement Project (PROJECT).
IGA FCD 2O20AOIO11
PCN 699.21.31 PAGI: 1 OP 5
On Junc 8, 2022, the Board approved IGt\ 11CD 2020A010A (C-69-21 000-X-01)
(AMENDMENT 1) to extend the completion date from June 30, 2022 to June 30, 2023.
Due to an additional delay in Project design, the TOWN has requested and the DISTRICT has
agreed to extend the completion date from June 30, 2023 to June 30, 2024.
PURPOSE OF THE AGREEMENT
7. The purpose of this Amendment is to extend the PROJECT construction and funding from
June 30, 2023 to June 30, 2024.
TERMS OF AMENDMENT
8. The PROJECT DESIGN AND CONSTRUCTION COST i.s estimated to be $121,000 but is
subject to change without amendment to this Agreement.
9. The DISTRICT shall.
9.1 Fund seventy -fore percent (75%) of the PROTECT DESIGN AND CONSTRUCTION
COST incurred and invoiced between July 1, 2021 and June 30, 2024, with the funding
from the DISTRICT limited to a maximum of $500,000 in accordance with the
DIS'I'RIC'r's Small Project Assistance Program. The DISTRTC 's current estimated
funding share is $90,750,
10. 'I'he'I'OWN shall:
10.1 Fund the full PROJECT DESIGN AND CONSTRUCTION COST not reimbursed
by the DISTRICT, making the TOWN's estitnated PROJECT DESIGN AND
CONSTRUCTION COST share $30,250; and 'TOWN will fully fund all PROJECT
costs for any work completed and invoiced before July 1, 2021 or after June 30, 2024.
10.2 Invoice the DISTRICT as follows:
10.2.1 After the construction contractor has mobilized and then started construction
activities, the TOWN may invoice the DISTRICT for one-half (1/2) of its share
of the PROJP:C'I' DISSIGN AND CONSTRUCTION COST.
10.2.2 Within thirty (30) days of completion of construction of the PROJECT, but no
later than June 30, 2024, 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.
11. This Amendment shall expire either (a) one year from the dare of execution by all PROJECT
PARTNERS, or (b) upon both completion of the PROJECT and satisfaction of all funding
obligations and reiuhbursenrcnts associated with this Agreement, whichever is the first to occur.
1 lowever, 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
IGA CCU 2020A01013
PCN 699.21.31 PAGE 2 OF
11.1 Any contractor selected for the PROJECT pursuant ro IGA 2020A010, AMEN DMEN'1' 1
or this Aie4ENDMl WI' shall be required to:
11.2 Warrant its compliance with all federal immigration laws and regulations that relate to its
employees and their compliance with A.R.S. g 23-214(A).
11-3 Warrant and certify, that it does not currently, and agrees for the duration of the contract
that it will not, use:
The forced labor of ethnic I lyghurs in the Peoples Republic of China.
Any goods or services produced by the forced labor of ethnic Uvghurs in the People's
Republic of China
Any contractors, subcontractors or suppliers that use the forced labor or any goods or
services produced by the forced labor of ethnic Oyghurs in the People's Republic of
China.
If the TOWN becomes aware during the tern of the Agreement that any Contractor is
not in compliance with this paragraph, the "TOWN shall notify the DIS'1'12IC1' within five
business days after becoming aware of the noncompliance. Failure of TOWN to provide a
written certification that the appropriate contractor has remedied the noncompliance
within one hundred eighty (180) days after notifying the public entity of its
noncompliance, this Agreement shall terminate unless the Tenn of this Agreement shall
end prior to said one hundred eighty (180) day period.
12. On an annual basis, commencing on the first anniversary date of the completion and acceptance
of the project, provide written notification to the DIS'1'RICI' that the project has been properly
maintained by the Town of Fountain Hills over the past year in accordance with the project
design intent and to ensure proper hydraulic function.
13. This AMENDMENT 2 governs where terns conflict with the original IGA FCD 2020A010,
and the AMENDMENT 1. however, the original ICA FCD 2020A010 and the
AMENDMENT 1 are applicable unless specifically changed by this AMENDMENT 2. The
paragraph numbering in this AMENDMENT 2 is coincidental and is not intended to indicate
that these same numbered paragraphs in the original IGA FCD 2020A010 or the
A MI(NI)M!WY 1 are being replaced in their entirety.
14. Nothing in this AMENDMENT 2 (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 AMEN DM RNT, nor is anything in this
AMENDMENT intended to relieve or discharge the liability of either party hereto.
15. Attached to this AMENDMENT 2 or contained herein are the. written determinations by the
appropriate attorneys for the PROJIfCI' PARTNERS, that these agencies arc authorized under
the laws of the State of Arizona to enter into this Agreement and that it is in proper form.
16. If legislation is enacted after the effective date of this AMENDMENT 2 that changes the
relationship or structure of one or more PROJECT PARTNERS, the PROJECT PARTNERS
agree that this AMENDMENT 2 shall be renegotiated at the written request of either PROJECT
PAR'1'NIiIt.
IGA FCD 2020A01 all
PCN 699.21.31 PAGE 3 OF 5
DocuSign Envelope ID: 3F7AA658-6916-4F25-ABBD-357FC3F3271C
G V113-ovZ x-oz
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
A Political Subdivision of the State of Arizona
Recommended by:
cDocuSIgned by:
As ktu4itAvy
nF1 Fee4rr..
6/7/2023
Michael A. Fulton
Director
Dare
By:
By:
Approved and Accepted:
1 ! / -----JU N 2 8 2023
Chairman, Board of Directors
Date
Attest:
JUN 2 8 2023
Cirfk of the Board
Date
The foregoing Amendment No. 2 FCD 2020A010B 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 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.
6/7/2023
General Counsel Date
IGA FCD 2020.90108
PCN 699.21.31 PAGE 4 OF 5
Approved and Accepted By:
Gl oy D'dey (A as 1 31021 POP,
Town Stavor
TOWN OF FOUNTAIN HILLS
A Municipal Corporation
05/18/2023
Date
Attest
i-:a tearde 05/18/2023
'Town Clerk Date
The foregoing Amendment No. 2 PCD 2020A010B 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 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.
As As ion
ntMa �i-
on Antunson May la 20139d41 POL
Town A to -no -icy
05/18/2023
Date
ICA FCI12020A01013
PCN 699.21.31 PAGE 5 OF 5
2084_RES2023.18.Amendment_Two_IGA_w_F
CDMC
Final Audit Report
2023-05-18
Created: 2023-05-17
By: Robert Durham (rdurham@fountainhillsaz gov)
Status: Signed
Transaction ID: CBJCHBCAABAMA3GoNs4eF6R4Nw29uIxNgRIpjAb4sp6
"2084_RES2023.18.Amendment_Two_IGA_w_FCDMC" History
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