CONSTRUCTION_IGA_DOWNTOWN_SD_PROJECT_PHASES_4&5_REV_ENCRYPTED_.PDF

IGA FCD 2022A012 
PCN 470.08.30 
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 INTERGOVERNMENTAL AGREEMENT 
between  
THE CITY OF LITCHFIELD PARK 
and the 
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY 
for the 
CONSTRUCTION, CONSTRUCTION MANAGEMENT, AND OPERATION AND MAINTENANCE  
of the  
Downtown Storm Drain Project Phases 4 and 5 
 
IGA FCD 2022A012 
Agenda Item _____________________ 
This Intergovernmental Agreement IGA FCD 2022A012 (Agreement) is entered into by and between the City 
of Litchfield Park, an Arizona municipal corporation, acting by and through its City Council and City Manager, 
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, or collectively called 
the PROJECT PARTNERS. 
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 (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. Since the completion of the City of Litchfield Park Master Drainage Study in 1989 and as a result of 
the DISTRICT's White Tanks-Agua Fria River Area Drainage Master Study, the CITY and the 
DISTRICT have undertaken several projects to reduce flooding within the CITY. They include the 
Colter Channel, the Roosevelt Irrigation District (RID) Overchute Phase 1, the Ancora Storm Drain  
and the Indian School Road Bypass Storm Drain.  
 
4. The RID Overchute Project Phase I was constructed in 1997, providing an outlet for stormwater from 
within the CITY and collecting at the intersection of Old Litchfield Road and Indian School Road Bypass. 
Historically, the method of transport for storm flows was overland, on the surface of Old Litchfield Road, 
Indian School Bypass, Neolin Avenue and Wigwam Boulevard, causing flooding in the CITY. The 
construction of the RID Overchute Project included stub-out culverts to allow for future connections to 
storm drains within the CITY to transport the existing surface flows under Indian School Road Bypass. 
The CITY and the DISTRICT have jointly constructed the first three phases of a Downtown Storm Drain 
master plan to convey flows underground and utilize the stub-out culverts of the RID Overchute. The 
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CITY and the DISTRICT now wish to proceed with Phases 4 and 5 of the master plan to complete the 
downtown storm drain system. 
 
5. Pursuant to IGA FCD 2021A009, the CITY has prepared final design documents to construct the storm 
drains within Old Litchfield Road and Neolin Avenue that will connect to previously installed storm drains. 
The Phase 4 storm drain will begin near the intersection of Old Litchfield Road and Wigwam Boulevard 
and extend north in Old Litchfield Road to Fairway Drive and continue west on Fairway Drive to La Loma 
Avenue. The Phase 5 storm drain will begin near the intersection of Neolin Avenue and Wigwam Boulevard 
and extend north in Neolin Avenue to the Wigwam Resort property, where the storm drain will be plugged 
for possible future extension by the Wigwam Resort. These Phase 4 and 5 storm drain improvements are 
hereinafter referred to as the PROJECT. The CITY intends to implement the PROJECT in one phase, 
anticipated to be complete by the year 2023.  
 
6. The PROJECT, as a part of the multi-phase downtown storm drain improvements constructed thus far, 
provides 100-year level of protection and will reduce flooding; benefiting about two 
hundred homes, two municipal buildings, two churches, and one school within the City of Litchfield 
Park. In addition, the PROJECT will reduce flooding within the neighboring communities of Avondale 
and Goodyear. Flooding on the Indian School Road Bypass, a County road, will be reduced and traffic 
safety will be improved.  
 
7. On April 15, 1998, the Board of Directors of the DISTRICT adopted Resolution FCD 98-01 (C-69-98-
080-6) authorizing the DISTRICT to cost-share in the PROJECT, and to negotiate Intergovernmental 
Agreements for the design, rights-of-way acquisition, construction, construction management, and 
operation and maintenance of the PROJECT.  
 
PURPOSE OF THE AGREEMENT 
8. This Agreement identifies and defines the responsibilities of the DISTRICT and the CITY, for PROJECT 
activities related to construction, construction management, and operations and maintenance.  
TERMS OF AGREEMENT 
9. The PROJECT COST is estimated to be $5,247,500. This amount is based on the best information available 
at the time of the execution of this Agreement and is subject to change without amendment to this 
Agreement. Upon recognition of anticipated cost increases above this estimated PROJECT COST, 
PROJECT PARTNERS shall communicate these anticipated increases and take appropriate actions to 
address the situation.  
10. The PROJECT COST, as referenced herein, solely encompasses the following costs directly associated 
with the PROJECT and incurred after the effective date of this Agreement: 
10.1 The PROJECT COST includes all expenses related to the construction, and construction 
management of the PROJECT, including but not limited to, utility relocation costs in excess of the 
amount included in IGA FCD 2021A009, if any, obtaining United States Army Corps of Engineers 
(USACE) Section 404 Permits including the mitigation efforts required by that permit process, and 
landscaping and aesthetic features in accordance with and not to exceed the DISTRICT’s Policy for 
the Aesthetic Treatment and Landscaping of Flood Control Projects.   
10.2 All design, right-of-way acquisition, and utilities relocations costs (except as allowed by paragraph 
10.1) are excluded from this Agreement.  
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10.3 Personnel and internal administrative costs of either PROJECT PARTNER, including costs 
associated with the issuance of PROJECT permits shall be funded by the respective PROJECT 
PARTNERS.  
11. 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.  
12. CITY funding for the PROJECT shall be from the CITY’s Capital Improvement Program (CIP) budget. 
13. The CITY shall: 
13.1 Fund thirty-five percent (35%) of the PROJECT COST, making the CITY’s estimated share 
$1,836,625.   
13.2 Upon the awarding of the appropriate contract(s), invoice the DISTRICT for fifty percent (50%) of 
its share of the PROJECT COST associated with such contract(s) and, upon completion of the 
contract(s), invoice the DISTRICT for its remaining share of all PROJECT COST associated with 
said contract(s) incurred to date.  
13.3 Serve as lead agency for: PROJECT design, obtaining all necessary USACE Section 404 permits, any 
other permits and approvals, public involvement activities, construction, construction management, 
and assume ownership and all operation and maintenance responsibilities to the PROJECT.  
13.4 Require that any contractor selected for the PROJECT:  
13.4.1 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); 
13.4.2 Agree that a breach of the warranty under paragraph 13.4.1 shall be deemed a material 
breach of contract and is subject to penalties up to and including termination of the contract; 
13.4.3 Agree that the DISTRICT retains the legal right to inspect the papers of the contractor or 
subcontractor employee(s) who work(s) on this Agreement to ensure that contractor or 
subcontractor is complying with the warranty as provided for under paragraph 15.2.1. 
13.5 Warrants and certifies that it does not currently, and agrees for the duration of the contract that it 
will not, use: 
13.5.1 The forced labor of ethnic Uyghurs in the People's Republic of China.  
13.5.2 Any goods or services produced by the forced labor of ethnic Uyghurs in the People's 
Republic of China.  
13.5.3 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. 
If City becomes aware during the term of the Agreement that any Contractor is not in compliance 
with this paragraph, the City shall notify the County within five business days after becoming aware 
of the noncompliance. Failure of City 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 Term of this Agreement 
shall end prior to said one hundred eighty (180) day period. 
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13.6 Be responsible for assuring the safety and appropriateness of any non-flood control uses of the 
PROJECT prior to making the PROJECT available for such uses.  
13.7 Invite the District to construction progress meetings and coordinate a final inspection of the 
completed PROJECT with the DISTRICT.  
13.8 Obtain DISTRICT review and comments on the design and/or construction of any future 
modifications to the PROJECT improvements that may affect the hydraulic function of the 
PROJECT and resolve and/or incorporate the DISTRICT’s comments into any future 
modifications of the PROJECT improvements. 
14. The DISTRICT shall: 
14.1 Fund sixty-five percent (65%) of the PROJECT COST, making the DISTRICT’s estimated share 
$3,410,875.  
14.2 Within thirty (30) calendar days of receipt, pay all invoices issued by the CITY pursuant to the 
PROJECT in accordance with the terms of this Agreement.  
14.3 Participate in PROJECT public involvement activities.   
14.4 Participate in a final inspection of the completed PROJECT with the CITY.  
15. Each PROJECT PARNTER, and the PROJECT PARTNERS collectively, shall: 
15.1 Comply with all federal, state and local laws, regulations, ordinances, and resolutions applicable to 
the PROJECT or the conduct of the PROJECT PARTNERS and ensure adherence to all 
requirements imposed by law on any contractor or subcontractor performing work on or in 
connection with the PROJECT. 
15.2 Comply with A.R.S. Sections 41-4401 and 23-214, subsection A. 
15.2.1 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. 
15.2.2 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. 
15.3 Provide in-kind services and costs to acquire any permit(s) that a PROJECT PARTNER has the 
authority to issue and that is required for the PROJECT. 
15.4 Have the right, following mutual written agreement of all PROJECT PARTNERS, to delegate its 
responsibilities under this Agreement to another party. Any delegation, however, shall not relieve 
the delegating PROJECT PARTNER of its original responsibilities as defined herein. 
15.5 In the case of any dispute over any items in this Agreement, use their best efforts and enter good 
faith negotiations to resolve the disputed matters. However, this shall not limit the rights of the 
PROJECT PARTNERS to seek any remedies provided by law. 
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15.6 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, Arizona Pollutant Discharge Elimination System or any other applicable discharge 
requirements, including any permit requirements. 
15.7 Equally share the cost of a PROJECT compliance and cost audit to be initiated within sixty (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 forty-five (45) days of acceptance by the PROJECT PARTNERS. 
16. This Agreement is subject to the restrictions of A.R.S. Sections 44-1373 and 44-7601 and will comply with 
applicable federal, state and local privacy laws. A PROJECT PARTNER may withhold CITY or 
DISTRICT information from the other PROJECT PARTNER if required by such privacy laws or by CITY 
or DISTRICT policy or regulation. 
17. If mutually acceptable to the PROJECT PARTNERS, PROJECT invoicing may be conducted periodically 
based on actual PROJECT COST incurred, no more frequently than quarterly, in lieu of invoicing timelines 
otherwise established in this Agreement. 
18. Each PROJECT PARTNER shall, as “Indemnitor,” to the extent permissible by law, indemnify, defend 
and hold harmless the other PROJECT PARTNER (“Indemnitee”) 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 or 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 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 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. 
19. 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 
 
Michael Fulton, Director 
 
2801 West Durango Street 
 
 
 
Phoenix, AZ 85009-6399 
City of Litchfield Park 
Matthew Williams, City Manager 
214 West Wigwam Blvd.  
Litchfield Park, AZ  85340 
 
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20. This Agreement shall expire ten (10) years from the effective date, unless otherwise renewed in writing by 
the PROJECT PARTNERS. The operation and maintenance and indemnification provisions, of this 
Agreement shall survive the expiration of this Agreement. 
21. This Agreement is subject to cancellation by any party pursuant to the provisions of A.R.S. Section 38-511. 
22. 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. 
23. 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’s City Council. 
 
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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:  
 
 
 
__________ 
       Chairman, Board of Directors     Date 
 
 
 
 
Attest: 
By:  
 
 
 
__________ 
 
       Clerk of the Board                       Date 
The foregoing Intergovernmental Agreement IGA FCD 2022A012 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 
 
 
DocuSign Envelope ID: 552C23C3-4B5C-4EFC-AD2E-6FA633AD172D
11/1/2022
11/1/2022

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CITY OF LITCHFIELD PARK 
A Municipal Corporation, 
By:  
       Matthew Williams, City Manager 
Date 
Attest: 
By:  
Terri Roth, MMC, City Clerk 
Date 
The foregoing Intergovernmental Agreement IGA FCD 2022A012 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 Litchfield Park under the laws of the State of Arizona. 
By:  
Joseph D. Estes, City Attorney 
Date 
Matthew C. Williams (Oct 24, 2022 15:20 PDT)
Matthew C. Williams
Joseph D. Estes (Oct 24, 2022 15:43 PDT)
Joseph D. Estes
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IGA FCD 2022A012 
EXHIBIT “A” 
Project Site Map 
 
 
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