2024A004 IGA CITY OF BUCKEYE-DOWNTOWN_STORM_DRAIN_PROJECT SR.PDF

INTERGOVERNMENTAL AGREEMENT
between

THE CITY OF BUCKEYE
and the
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
for the
CONSTRUCTION, CONSTRUCTION MANAGEMENT, OPERATION & MAINTENANCE
of the
DOWNTOWN CITY OF BUCKEYE REGIONAL BASIN AND STORM DRAIN PROJECT

IGA FCD 2024A004

Agenda Item

This Intergovernmental Agreement IGA FCD 2024A004 (Agreement) is entered into by and between the City
of Buckeye, a municipal corporation, acting by and through its City Council, hereinafter called the CITY, 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 and the CITY may
hereinafter individually be called a PROJECT PARTNER, ot collectively called the PROJECT PARTNERS.

This Agreement 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.) Section 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 11-952(A) to enter into this Agreement and has authorized the
undersigned to execute this Agreement on behalf of the CITY.

BACKGROUND

3. The Downtown Buckeye Regional Basin and Storm Drain project lies within the southern part of the
Buckeye/Sun Valley Area Drainage Master Study (ADMS), which identified areas of flooding problems.

4. The CITY submitted the Downtown Buckeye Regional Basin and Storm Drain project consisting of storm
drains, channels, retention basins, and an outlet infrastructure, herein called the PROJECT, to the
DISTRICT for evaluation as part of their Capital Improvement Program (CIP) Prioritization Procedure.
The Project received a favorable score and was recommended. The DISTRICT subsequently initiated a
Candidate Assessment Report (CAR) study to further develop and refine the CITY's proposal. It was
determined that the 100-Year solution was prohibitive due to rights-of-way and cost constraints.

Following the CAR, a pre-design study was initiated to further refine the project features and develop 15%
plans, and which recommended a Ten (10)-Year drainage conveyance system, One Hundred (100)-Year
retention basins and Ten (10)-Year dedicated outfalls consisting of storm drains, channels, retention basins,
and an outlet infrasteucture (PROJECT) as generally shown on Exhibit A.

IGA FCD 2024A004 PCN 211,03.31 PAGE I OF 16

10.

11.

12.

The PROJECT will provide a Ten (10)-Year level of protection and will relieve historic Downtown
Buckeye of frequent flooding occurrences by implementing storm drains, channels, retention basins, and
an outlet infrastructure that will mitigate flood damages to residential, commercial, and industrial
properties, government buildings, and schools, while increasing traffic safety, and improving the
community's flood insurance program rating.

On August 23rd, 2006, the Flood Control Advisory Board recommended the adoption of Resolution FCD
2006R007 authorizing the DISTRICT to cost-share in the PROJECT, and to negotiate Intergovernmental
Agreements (IGA) for the design, rights-of-way acquisition, construction, and construction management
of the PROJECT.

In April 2007, the DISTRICT and the CITY entered into an IGA (2006A014) for Design, Rights-of Way
Acquisition, Utility Relocations, Construction, Construction Management, Operations and Maintenance
for the PROJECT. This IGA expired in April 2017 before all phases of the PROJECT and terms of the
IGA were completed. The PROJECT Design was completed in 2010.

PURPOSE OF THE AGREEMENT

This Agreement identifies and defines the responsibilities of the DISTRICT and the CITY, for PROJECT
activities related to construction, construction management, operation & maintenance.

TERMS OF AGREEMENT
The PROJECT, as referenced herein, is defined by paragraph 4 of this Agreement.

The PROJECT COST, as referenced herein, solely encompasses the following costs directly associated
with the PROJECT activities and incurred after the effective date of this Agreement, which are: costs of
construction, construction management, material testing, any landscaping and aesthetic features compatible
with the PROJECT function and in accordance with the FCD policy for the same, post-design services
and construction surveying support related to the PROJECT.

10.1. The PROJECT COST for this Agreement is estimated to be $26,997,704.00. This amount is an
estimate based on the best information available at the time of this Agreement. Upon recognition of
anticipated costs above this estimated PROJECT COST, the PROJECT PARTNERS shall
communicate these anticipated increases and address them in the context of Paragraph 12.3.

The following are specifically excluded from the calculation of PROJECT COST:

11.1 Any costs associated with non-flood control features added to the construction at the CITY’s
request. Such costs shall be funded solely by the CITY.

11.2 The personnel and internal administrative costs associated with this PROJECT incurred by each
PROJECT PARTNER, including costs associated with the issuance of PROJECT permits, unless
specifically identified otherwise in this Agreement.

Not later than January 1st of each year during the life of the Project, the CITY shall provide to the
DISTRICT a written estimate of the funds the CITY anticipates will be needed from the DISTRICT for
the next fiscal year and for each of the remaining fiscal years of the Project until said Project is completed.
The County fiscal year commences on July 1 and ends on June 30 of the following calendar year. The
DISTRICT'S fanding as shown in the table below is dependent on the availability of funding. The CITY

IGA FCD 2024A004 PCN 2114.03.31 PAGE 2 OF 10

should use these DISTRICT funding figures to derive its cash flow for the PROJECT. Depending on
funding availability, the Parties may implement a payment plan by mutual agreement.

12.1 The DISTRICT's total PROJECT funding under this Agreement shall not exceed $13,498,852.00.
12.2 DISTRICT funding for its cost share of the entire project is contingent on funding availability for

construction and all related activities, with an overall funding limit of $13,498,852.00 distributed for
the DISTRICT fiscal year, as outlined in the table below:

Fiscal Year Not to Exceed
FY 2028 6,749,426.00
FY 2029 6,749,426.00

12.3 Funding increases may be negotiated and are subject to written approval from the DISTRICT,
contingent upon budget availability. DISTRICT funding for the PROJECT shall be from secondary
flood control tax levy revenue and is contingent upon funding availability within the DISTRICT’s
Capital Improvement Program.

13. CITY funding for the PROJECT shall be from the CITY’s Capital Improvement Program (CIP) budget,
and a Building Resilient Infrastructure Communities (BRIC) Grant.

14. The CITY shall:
14.1 Fund 50% of the PROJECT COST, making the CITY’s estimated share $13,498,852.00.

14.1.1 Total PROJECT COST increases above $13,498,852.00 will be equally shared by PROJECT
PARTNERS upon written approval of these cost increases by PROJECT PARTNERS.

14.1.2. The CITY’s financial obligation under this Agreement is contingent upon the CIT'Y’s
appropriation of funds necessary to meet the CITY’s obligations under this Agreement.
Should the CITY fail to appropriate the necessary funds to meet its obligations during the
term of this Agreement, this Agreement may be terminated as stipulated in paragraph 20
below.

14.1.3 If the PROJECT is terminated for any reason by the CITY, the DISTRICT shall be
reimbursed any uncommitted funds it has paid to the CITY, and the DISTRICT shall also be
reimbursed its costs share for any incomplete project features that do not provide a functional
10-year drainage conveyance system.

14.2 Prior to the CITY beginning the contracting process for hiring a contractor for construction related
activities, coordinate with the DISTRICT to understand its funding capabilities and timing for
teimbursement of these PROJECT costs.

14.3 Invoice the DISTRICT as follows:

IGA FCD 2024A004 PCN 2141.03.31 PAGE 3 OF 10

14.4

14.5

14.6

14,7

14.8

14.3.1 Beginning three months after the award of the construction contract, invoice the DISTRICT

every-quarter for its share of the accrued contract costs to date as invoiced to the CITY by the
contractor.

14.3.2 For costs incurred by the CITY for (9 utility relocations and (4i) Permit related costs, invoice

the DISTRICT for its cost share of those costs as they are incurred.

Serve as the lead agency for the PROJECT construction, construction management, material testing,
surveying, and post-design services.

14.4.1 If the construction management services are provided via CITY staff, then the construction
management cost shall be assigned a value not to exceed eight percent (8%) of the actual
construction cost.

Serve as the lead agency for any PROJECT public involvement activities.
Obtain DISTRICT review and concurrence on construction change orders.

Assure the safety and appropriateness of any non-flood control uses of the PROJECT prior to
offering to make or making the PROJECT available for such uses.

Obtain DISTRICT review and comments on the design and construction of any future modifications
to the PROJECT and resolve and incorporate the DISTRICT’s comments into these future
PROJECT modifications.

14.9 Invite the DISTRICT to all progress meetings and inspections.

14.10 Be responsible for all operations and maintenance of the PROJECT, including the development of

an operation and maintenance plan to be shared with the DISTRICT.

14.101. The maintenance activities to be performed include, but are not limited to, maintaining the
flood control function of the PROJECT, including removal of sediment, vegetation, trash
and debris, electrical and other operation costs for the facilities, vandalism repair and
replacement, and structural repair and replacement of the flood control structures.

14.10.2 Schedule and invite the DISTRICT to participate in an annual inspection of the PROJECT.
Any deficiencies relating to flood control for which the CITY is responsible shall be
corrected by the CITY within 30 calendar days. If the CITY has not taken corrective action
within this time, the DISTRICT reserves the right to perform the corrective action and the
CITY shall reimburse the DISTRICT for the total costs incurred by the DISTRICT within
thirty 30 calendar days of receipt of an invoice from the DISTRICT.

14.10.3 On an annual basis, commencing on the first anniversary date of the completion and
acceptance of the PROJECT, provide written notification to the DISTRICT that the
PROJECT has been properly maintained by the CITY over the past year in accordance with
the PROJECT design and to ensure proper hydraulic function.

14.10.4 Have the right, when approved by the other PROJECT PARTNER in writing to delegate
its responsibilities under this Agreement to another patty. Any delegation, however, shall
not relieve the delegating PROJECT PARTNER of its original responsibilities as defined
herein.

IGA FCD 20244004 PCN 211.0331 PAGE 4 OF £0

15. The DISTRICT shall:
15.1 Fund 50% of the PROJECT COST, making the DISTRICT’s estimated share $13,498,852.00.

15.2 Subject to the availability of funding, within 30 calendar days of receipt, pay invoices issued by the
CITY in accordance with the terms of this Agreement.

15.3 Participate in PROJECT public involvement activities.
15.4. Participate in a final inspection of the PROJECT with the CITY.
15.5 Participate, as desired by the DISTRICT, with the CITY in an annual inspection of the PROJECT.

15.6 Provide review and comments on post-design or post-construction changes or modifications to the
PROJECT that may affect the hydraulic function of the PROJECT.

16. Each PROJECT PARTNER, and the PROJECT PARTNERS collectively, shall:
16.1 Comply with A.R.S. Sections 41-4401 and 23-214(A).

16.1.1 Each party to this Agreement retains the legal right to inspect the records of the CITY’s and
any contractors’ or subcontractors’ employees performing work under this Agreement to
verify compliance with Title 34 of the Arizona Revised Statutes, as well as A.RS. Sections
41-4401 (as applicable) and 23-214(A).

16.1.2 Failure by either party to this Agreement to comply with Title 34 of the Arizona Revised
Statutes, A.R.S. Section 41-4401, or A.R.S. Section 23-214(A) shall be deemed a breach of
this Agreement and is subject to penalties up to and including termination of the Agreement.

16.2 Require that any contractor selected for the PROJECT:

16.2.1 Warrant its compliance with all federal immigration laws and regulations that relate to its
employees and their compliance with A.R.S. Section 23-214(A).

16.2.2 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.

16.2.3 Agree that the PROJECT PARTNERS retain the legal right to inspect the papers of the
contractor or subcontractor employee(s) who work(s) on the PROJECT under a contract
to ensure that the contractor or subcontractor is complying with the warranty under
paragraph 18.2.1.

16.2.4 Who engages in for-profit activity and has 10 or more employees, certify it is not currently
engaged in, and agrees for the duration of the contract to not engage in, a boycott of goods
or services from Israel. This certification does not apply to a boycott prohibited by 50 U.S.C.
Section 4842, or a regulation issued pursuant to 50 U.S.C. Section 4842.

16.2.5 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 Uyghurs in the People’s Republic of China.

IGA FCD 2024A004 PCN 2141.03.31 PAGE 5 OF 10

Any goods or services produced by the forced labor of ethnic Uyghurs 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 Uyghurs in the People’s Republic of China.

If the Contractor becomes aware during the term of the contract that the Contractor is not
in compliance with this paragraph, the Contractor shall notify the DISTRICT and the CITY
within five (5) business days after becoming aware of the noncompliance. Failure of the
Contractor to provide a written certification that the Contractor has remedied the
noncompliance within one hundred eighty (180) days after notifying the public entity of its
noncompliance shall result in the termination of this contract unless the term of said
contract shall end prior to said one hundred eighty (180) day period.

16.3 Use their reasonable best efforts and enter into good faith negotiations to resolve any disputed items
of this Agreement. However, this shall not limit the rights of the PROJECT PARTNERS to seek
any remedies provided by law.

16.4 Take reasonable and necessary actions within its authority to ensure that only storm water is
discharged into the PROJECT, and that such discharges into the PROJECT comply at the point of
discharge with any applicable requirements of the U.S. Environmental Protection Agency Clean
Water Act, Atizona Pollutant Discharge Elimination System or any other applicable discharge
requirements, including any permit requirements.

16.5 Equally share the cost of PROJECT compliance and cost audit to be initiated within 60 days of
PROJECT completion, if requested by either PROJECT PARTNER. An independent auditing firm
agreed to by the PROJECT PARTNERS will perform the audit. Any payments or reimbursements
necessary to bring the PROJECT into compliance with the audit findings shall be made within 45
days of the audit findings by the PROJECT PARTNERS.

17. Upon the written agreement of the PROJECT PARTNERS, the PROJECT may be phased due to funding
or other coordination issues. Responsibilities of the DISTRICT and the CITY shall be phased accordingly,
including, but not limited to, invoicing, reimbursements, and transfer of land rights.

18. Each party to this Agreement shall, as “Indemnitor,” to the extent permissible by law, indemnify, defend
and hold harmless the other PROJECT PARTNER (“Indemunitee”) including agents, officers, directors,
governors and employees thereof, from and against any and all loss or expense incurred as a result of any
claim or suit of any nature whatsoever, which arises out of any act or omission of Indemnitor pursuant to
this Agreement, including but not limited to, reasonable attorneys’ fees, court costs, and other expenses
relating to the defense against claims ox litigation, incurred by the Indemnitee. Notwithstanding the above,
Indemnitee shall be liable for its own negligence or wrongful acts as provided by law. In no event shall the
Indemnitor owe or be obligated to pay any amounts which the Indemnitee has not actually paid or has no
actual obligation to pay. In the event any agreement to pay to resolve issues of liability is not enforceable,
or any agreement or settlement results in an actual obligation lower than the full amount of liability, the
Indemnitor’s obligation to pay shall be limited to the amount Indemnitee has paid or would be obligated
to pay in the absence of any agreement to indemnify. Should any PROJECT PARTNER offer to make
the PROJECT available for any non-flood control uses, the offering PROJECT PARTNER shall, to the
extent permissible by law, indemnify, defend and save harmless the non-offering PROJECT PARTNER,
including agents, officers, directors, governors and employees thereof, from any and all loss or expense
incurred as a result of any claim or suit without limitation related solely to the non-flood control use of the
PROJECT or portions of the PROJECT. Such indemnification obligation is intended to be a specific
indemnity obligation rather than the general indemnity obligations set forth in this paragraph regarding all

IGA FCD 20244004 PCN 2141.03.31 PAGE 6 OF 10

19.

20.

21,

22,

23.

other types of claims or suits and shall include the obligation to provide reasonable attorneys’ fees, court
costs, and other expenses relating to the defense of such claims or litigation related solely to the non-flood
control use of the PROJECT or portions of the PROJECT. This paragraph shall survive the completion
and/or termination of this Agreement.

All notices or demands upon any party to this Agreement shall be in writing and shall be delivered in person
or sent by mail addressed as follows:

Flood Control District of Maricopa County
Chief Engineer and General Manager

2801 West Durango Street

Phoenix, AZ 85009-6399

City of Buckeye

Public Works Director
530 East Monroe Avenue
Buckeye, AZ 85326

with a copy to:

City of Buckeye

City Attorney

530 East Monroe Avenue

Buckeye AZ 85326
cityattorneysoffice@buckeyeaz.gov

This Agreement shall expire either (a) 10 years from the effective date, or (b) upon completion of the
PROJECT and after all funding obligations and reimbursements have been satisfied in accordance with
this Agreement, whichever is the first to occur. However, by mutual written agreement of all parties, this
Agreement may be amended or terminated. The operation and maintenance, and indemnification
provisions of this Agreement, shall survive the expiration of this Agreement.

This Agreement is subject to cancellation by any party pursuant to the provisions of A.R.S, Section 38-511.

Attached to this Agreement or contained herein are the written determinations by the appropriate attorneys
for the parties to this Agreement, that these agencies are authorized under the laws of the State of Arizona
to enter into this Agreement and that it is in proper form.

If legislation is enacted after the effective date of this Agreement that changes the relationship or structure
of one or more parties to this Agreement, the parties agree that this Agreement shall be renegotiated at the
written request of any party, subject to any additional authorization required by the DISTRICT’s Board of
Directors or the CITY’ City Council.

IGA FCD 2024A004 PCN 211.03.31 PAGE 7 OF 10

FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
A Political Subdivision of the State of Arizona

Recommended by:

Paul Baughman, P.E., CFM, Chief Engineer & General Manager Date
Approved and Accepted:
By:
Chair of the Board Date
Attest:
By:
Clerk of the Board Date

The foregoing Intergovernmental Agreement IGA FCD 2024A004 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

IGA FCD 20244004 PCN 2141.03.31 PAGE 8 OF 10

CITY OF BUCKEYE
A Municipal Corporation,

Doug Sandstrom

: ee ae 01/07/2026
y:

Doug Sandstrom, City Manager Date

Attest:

by ‘ Fevnte, Op. 01/07/2026

Lucinda Aja, City Clerk Date

The foregoing Intergovernmental Agreement IGA FCD 2024A004 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 Buckeye under the laws of the State of Arizona.

OFFICE OF THE CITY ATTORNEY

: You Ney 01/07/2026
y:

Tosca Henry, Interim City Attorney Date

Adabe Acrobat Sign Transaction humber: CBJCHBCAABAAXVMSHyTAMIID-yngt94zuEa6-9mdcBDK

IGA FCD 2024A004 PCN 211.0331 PAGE 9 OF 16

IGA FCD 2024A004
EXHIBIT “A”
Project Site Map

[2] Phase In

Previously Built /
No Changes

| Parcels

L
Ona CIP 101520: Downtown Storm N
BOD Tees Drain (from Ist to 9th) &
Sgr rem matin matey ecco > 300 600 1200
Rule abn fee he seveacy theese ED “ae US Foot Date: 10202025

IGA FCD 2024A004 PCN 211,03.31 PAGE I OF 10