2025A011 IGA DESIGN CONCEPT REPORT.PDF
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IGA FCD 2025A011 PCN 480.01.34 Page 1 of 7 Flood Control District of Maricopa County 2801 West Durango Street Phoenix, Arizona 85009-6399 INTERGOVERNMENTAL AGREEMENT between the Town of Gilbert and the Flood Control District of Maricopa County for the Design Concept Reports for the Riggs Road Channel and the Sonoqui Wash Restorations FCD 2025A011 Agenda Item _______________ This Agreement is entered into by and between the Town of Gilbert, a municipal corporation, acting by and through its Town Council, hereinafter called GILBERT, 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. This Agreement 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 Section (A.R.S.) 48-3603, to enter into this Agreement and has authorized the undersigned to execute this Agreement on behalf of the DISTRICT. 2. GILBERT is empowered by A.R.S. Section 11-952 as amended, to enter into this Agreement and has authorized the undersigned to execute this Agreement on behalf of GILBERT. 4 of 12 IGA FCD 2025A011 PCN 480.01.34 Page 2 of 7 BACKGROUND 3. GILBERT wishes to undertake two Design Concept Reports (DCR) to evaluate the SW0125 Riggs Road Channel Restoration and the SW0070 Sonoqui Wash Restoration for the purpose of identifying solutions to the existing deterioration and maintenance challenges of these two channels. Both channels were constructed by the DISTRICT, and the Sonoqui Wash Channel project was a partnered project with GILBERT and the Town of Queen Creek. 4. The SW0125 Riggs Road Channel Restoration project is located on the south side of Riggs Road from east of Higley Road to the East Maricopa Floodway (EMF). The current issues in the Riggs Road Channel are mainly of an operations and maintenance nature. Many of the gabions and check dams are failing and the channel is eroding in some locations. These issues are aggravated by the Town’s inability to remove sediment from the channel. The goal of this DCR is to identify methods for the restoration of the channel to include a sediment basin at the upstream end, grading, repair of existing gabions and check dams with erosion repairs. 5. The SW0070 Sonoqui Wash Restoration project is located on the north side of Ocotillo Road from the Town’s boundary with Queen Creek to the EMF. The current issues in the Sonoqui Wash Channel are mainly erosion within the channel and poor low flow conditions. Inlet conditions are also an issue, with the added challenge of the inlet boundary with Queen Creek. The goal of this DCR is to identify solutions to improve the low flow conditions, address sediment issues at the inlet, and mitigate erosion. 6. In April 2025 Gilbert estimated the cost for each of the two DCRs to be Two Hundred Thousand Dollars ($200,000). PURPOSE OF THE AGREEMENT 7. The purpose of this Agreement is to identify and define the responsibilities of GILBERT and the DISTRICT for the two DCRs. TERMS OF AGREEMENT 8. The estimated cost for each of the two DCRs is Two Hundred Thousand Dollars ($200,000) and will be shared equally by GILBERT and the DISTRICT, with the DISTRICT cost share for each DCR not to exceed One Hundred Thousand Dollars ($100,000). 9. GILBERT shall: 9.1 Fund fifty percent (50%) of the cost of each DCR and one hundred percent (100%) of any costs in excess of $200,000 for each DCR. The estimated cost for each DCR is Two Hundred Thousand Dollars ($200,000), making GILBERT’s estimated share for each DCR One Hundred Thousand Dollars ($100,000). 9.2 Serve as lead agency for both DCRs. These DCRs will develop solutions for the restoration issues and the maintenance issues of the Riggs Road Channel and the Sonoqui Wash Channel. 9.3 Upon award of each DCR, invoice the DISTRICT for one-half (1/2) of its total cost share obligation, which is estimated to be, and will not exceed One Hundred Thousand Dollars ($100,000). 5 of 12 IGA FCD 2025A011 PCN 480.01.34 Page 3 of 7 9.4 Be responsible for initiating public involvement activities. 9.5 Provide to the DISTRICT interim DCR submittals, and allow three (3) weeks from the date of the DISTRICT’s receipt of the interim submittals for review and comment. GILBERT shall incorporate the DISTRICT’s comments into the DCR as appropriate. If the DISTRICT has not responded within the three (3) week review period, it will be assumed that the DISTRICT has no comments. 9.6 Prior to the DISTRICT’s final cost share payment being made for the DCR contract(s), provide written notification to the DISTRICT that all contract obligations have been met, all project contracts closed, and all Certificates of Performance have been received by GILBERT. 9.7 Upon completion of the DCR contract(s), and satisfying paragraph 9.6, prepare a final accounting including change orders and costs not previously paid and invoice the DISTRICT for the remainder of the DISTRICT’s total cost share obligation, not to exceed One Hundred Thousand Dollars ($100,000). 9.8 Provide funding for this Agreement from GILBERT’s Environmental Compliance Fund Budget contingent on approval by the Gilbert Town Council. GILBERT’s share of the cost for the DCRs will be distributed between FY26 (SW0125) and FY27 (SW0070). 9.9 Permits and information from the DISTRICT and GILBERT required for performing the DCRs shall be provided by the DISTRICT or GILBERT at no cost to the DCR. 10. The DISTRICT shall: 10.1 Fund fifty percent (50%) of the cost of each DCR not to exceed for each DCR One Hundred Thousand Dollars ($100,000). 10.2 Upon award of a DCR contract and within thirty (30) calendar days of receipt of an invoice, reimburse GILBERT for one-half (1/2) of the DISTRICT’s total cost share obligation, which is not to exceed One Hundred Thousand Dollars ($100,000). 10.3 Participate in public involvement activities. 10.4 Provide to GILBERT review comments for DCR submittals within three (3) weeks of receipt of the submittals. If the DISTRICT does not respond within the three (3) weeks, the DISTRICT shall be deemed to have accepted the submittals without comment. 10.5 Upon completion of the DCR contract(s), and GILBERT satisfying paragraph 9.6, and upon receipt of an invoice, reimburse GILBERT for the remainder of the DISTRICT’s total cost share obligation, not to exceed One Hundred Thousand Dollars ($100,000). 6 of 12 IGA FCD 2025A011 PCN 480.01.34 Page 4 of 7 10.6 DISTRICT funding for this Agreement shall be from secondary flood control tax levy revenue and is contingent upon funding availability within the DISTRICT’s Capital Improvement Program (CIP) Budget. The DISTRICT’s share of the cost for the DCR will be distributed between FY26 (SW0125) and FY27 (SW0070). 11. Either party to this Agreement may, with mutual written agreement of all parties, delegate responsibilities to another party. Any delegation, however, shall not relieve the delegating party of its original responsibilities as defined herein. 12. In the case of any dispute over any item in this Agreement, the parties agree to use their best efforts and enter into good faith negotiations to resolve the disputed matters. However, this shall not limit the rights of the parties to seek any remedies provided by law. 13. The parties shall equally share the cost of project compliance and cost audit to be initiated within sixty (60) days of DCR completion, if requested by either party. An independent auditing firm agreed to by all parties and on contract to the DISTRICT will perform the audit. Any payments or reimbursements necessary to bring the DCR into compliance with the audit findings shall be made within forty-five (45) days of acceptance by all parties of the audit report. 14. GILBERT (indemnitor) shall, to the extent permissible by law, indemnify, defend and save harmless the DISTRICT (indemnitee) including agents, officers, directors, governors and employees thereof, from and against any loss or expense incurred as a result of any claim or suit of any nature whatsoever, which arises out of indemnitor’s negligent or wrongful acts or omissions pursuant to this Agreement. Such indemnification obligation shall encompass any personal injury, death or property damages resulting from the indemnitor’s negligent or wrongful acts or omissions, as well as reasonable attorney’s fees, court costs, and other expenses relating to the defense against claims or litigation, incurred by the indemnitee. Indemnitee shall be liable for its own negligence or wrongful acts as provided by law. 15. 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 Director 2801 West Durango Street` Phoenix, Arizona 85009-6399 Town of Gilbert Town Manager 50 E. Civic Center Drive Gilbert, Arizona 85296 16. Each party to this Agreement will pay for and not seek reimbursement for its own personnel and administrative costs associated with this DCR, including but not limited to the following, unless specifically identified otherwise in this Agreement: engineering, permitting, management and administration. 17. This Agreement shall expire five (5) years from the effective date or upon completion of both DCRs and after all funding obligations and reimbursements have been satisfied in accordance with this 7 of 12 IGA FCD 2025A011 PCN 480.01.34 Page 5 of 7 Agreement, whichever is the first to occur. However, by mutual written agreement of all parties, this Agreement may be amended or terminated. 18. This Agreement is subject to cancellation by either party pursuant to the provisions of A.R.S. Section 38-511. 19. 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. 20. 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 either party. Each party to this Agreement shall comply with A.R.S. Sections 41-4401 and 23-214, subsection A. Failure by either party to this Agreement to comply with A.R.S. Sections 41-4401 and 23- 214, subsection A shall be deemed a breach of this Agreement and is subject to penalties up to and including termination of the Agreement. B. Each party to this Agreement retains the legal right to inspect the records of the other party’s and any contractors’ or subcontractors’ employees performing work under this Agreement to verify compliance with A.R.S. Sections 41-4401 and 23-214, subsection A. 8 of 12 IGA FCD 2025A011 PCN 480.01.34 Page 6 of 7 FLOOD CONTROL DISTRICT OF MARICOPA COUNTY A Municipal Corporation Recommended by: ____ Paul Baughman, P.E., CFM Date Chief Engineer & General Manager Approved and Accepted: By: Chairman, Board of Directors Date Attest: By: Clerk of the Board Date The foregoing Intergovernmental Agreement FCD 2025A011 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 9 of 12 IGA FCD 2025A011 PCN 480.01.34 Page 7 of 7 TOWN OF GILBERT Town of Gilbert, a Municipal Corporation 8/5/2025 Scott Anderson, Mayor Date ATTEST: Chaveli Herrera, Town Clerk Date The foregoing Intergovernmental Agreement FCD 2025A011 is in proper form and within the power and authority granted to the Town of Gilbert under the laws of the State of Arizona. Chris Payne, Town Attorney Date 10 of 12 8/5/2025 8/5/2025 Scott Anderson (Aug 6, 2025 10:44:48 PDT) Chaveli Herrera (Aug 6, 2025 12:14:49 PDT)