TT0548_AGREEMENT_BWCDD_CANAL_AND_IRRIGATION_STRUCTURES_7-24-2018.DOCX

Buckeye Water Conservation and Drainage District
205 E. Roosevelt Ave.
Buckeye, AZ 85326
623.386-2196
&
The
Maricopa County Department of Transportation
MCDOT PROJECT TT0548
MC85 – LIBERTY SCHOOL ROAD TO COTTON LN
BWCDD CONSTUCTION – CANAL & IRRIGATION STRUCTURES
An AGREEMENT between Buckeye Water Conservation and Drainage District (BWCDD) and the
Maricopa County Department of Transportation (MCDOT) for the extending and relocating
irrigation facilities and structures, channel excavation, fill construction, lining existing irrigation
channels, removal of structures and obstructions, and other miscellaneous work, operated by
BWCDD, is entered into this 24TH day of July, 2018.
I. Scope of Work: BWCDD will secure a contractor to provide labor, supervision,
equipment, materials and supplies to complete the following Work Items based on
the design provided by Jacobs (Exhibit A):
a. The widening of three (3) existing structures crossing MC85 over the BWCDD
canal system,
b. Demo/Removal of existing irrigation structure & concrete lining,
c. Extension of 36” RGRCP Class V Irrigation pipe for Laterals 3-M & 1-S,
d. Installation of two (2) new #4 concrete headwalls,
e. And placement of concrete lining within the existing irrigation channel.
II. Contract Price: Maricopa County will make a one-time payment to purchase
necessary materials, supplies, labor and secure necessary permits to allow for
construction activities to take place based on the estimate dry-up date of November
2, 2018.
III. The amount to be paid will be subject to any additions and/or deductions made
pursuant to authorized change orders, not to exceed 10% of the estimated amount.
Final invoices shall include cost of materials and labor associated with any work
performed as part of this AGREEMENT.

EXHIBIT A

EXHIBIT B

IV. BWCDD is responsible for their Contractor’s work performance, compliance with
federal, state and local laws, blue staking, insurance requirements and BWCDD final
approval and acceptance of the work performed.
V. BWCDD’s contractor and sub-contractors must have a current Arizona Contractor
License and insurance coverage.
VI. MCDOT shall provide adequate horizontal and vertical survey control. The grade and
alignment of the relocation/installation shall be staked by MCDOT for those portions
of the project within the scope of the roadway right-of way project limits.
VII. MCDOT shall provide any necessary Right-of-Way permits at no cost to BWCDD or
its subcontractors.
VIII. Maintenance and operations associated costs for the BWCDD facilities covered by
this AGREEMENT will be the responsibility of BWCDD.
IX. Ownership of the removed, relocated and/or new irrigation equipment, supplies and
material shall remain with the current owner.
X. Schedules and Payments:
a. MCDOT will be responsible for the cost of the irrigation relocations and cost of
any work performed by BWCDD for prior rights facilities. MCDOT shall pay
BWCDD the total sum of Nine hundred forty-two thousand five dollars and two
cents ($942,005.02). MCDOT shall pay BWCDD the full amount of the costs
estimated for the construction/relocations of BWCDD’s Canal and Irrigation
Structure, as set forth in (Exhibit B). This payment shall serve as a draw fund to
reimburse BWCDD for those costs that are related to the construction
(“Construction Draw”) for said materials, supplies, labor and to secure necessary
permits to allow for construction activities to take place during this year’s dry-up
beginning November 2, 2018.
b. Upon receipt of MCDOT’s Construction Draw, BWCDD will authorize its contractor
to begin preparation for the construction to the New BWCDD Facilities.
c. The estimate costs includes a Construction Contingency for any possible
unknown/unforeseen work that may be required to complete the relocation
work. Any remaining amount, not spent on the completion of this project will be
reimbursed to MCDOT as non-used funds.
XI. Liability:

a. MCDOT and BWCDD each agree to be liable to the other party for its own acts of
negligence and the negligence of its own employees.
XII. General Terms and Conditions:
a. By entering into this AGREEMENT, the Parties agree that to the extent permitted
by law, each Party will defend, indemnify and hold the other Parties harmless,
including any of the Parties’ departments, agencies, officers, employees, elected
officials or agent, from and against all loss, expense, damage or claim of any
nature whatsoever which is caused by an activity, condition or event arising out
of the negligent performance or nonperformance by the indemnifying Party of
any of the provisions of this AGREEMENT. By entering into this AGREEMENT,
each Party indemnifies the other against all liability, loses and damages of any
nature for or on account of any injuries or death of persons or damage to or
destruction of nonperformance of this AGREEMENT, except such injury or
damage as shall have been caused or contributed to by the negligence of that
other Party. The damages which are the subject of this indemnity shall include
but not be limited to the damages incurred by any Party, its departments,
agencies, officers, employees, elected officials and/or agents. In the event of an
action, the damages which are subject of this indemnity shall include costs,
expenses of litigation and reasonable attorney’s fees.
XIII. This AGREEMENT shall be subjected to the provisions of A.R.S. § 38-511.
XIV. The Parties warrant that they are in compliance with A.R.S. § 41-4401 and further
acknowledge that:
a. Any contractor or subcontractor who is contracted by a Party to perform work on
the Project shall warrant their compliance with all federal immigration laws and
regulations that relate to their employees and their compliance with A.R.S. § 23-
214(A), and shall keep a record of the verification for the duration of the
employee’s employment or at least three years, whichever is longer.
XV. Communication required to be given pursuant to this AGREEMENT shall be:
Maricopa County Department of Transportation
Attention: Utility Coordinator
2901 West Durango Street
Phoenix, AZ 85009

Fax No.: (602)506-3939
Buckeye Water Conservation and Drainage District
Attention: Noel Carter
205 E. Roosevelt Ave.
Buckeye, AZ 85326
a. This AGREEMENT, including any schedules, exhibits or attachments hereto,
constitutes the entire AGREEMENT between parties, and no understanding or
obligation not expressly set forth herein shall be binding upon them. No
modification, amendment or alteration of this AGREEMENT shall be valid unless it is
in writing and signed by both parties.
b. This AGREEMENT shall be governed by the laws of the State of Arizona.
c. The waiver by either party of any breach or failure to provide full performance under
any of the terms or conditions of this AGREEMENT shall not be construed as a
waiver of any other term or condition, or of any subsequent breach of the same or
any other term or condition.

IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on the 24TH
day of July, 2018.
Signatures

Dated this __________ day of ______________, 2018
MARICOPA COUNTY,
A political subdivision of the State of Arizona
Steve Churcri, Board of Supervisors Chairman
_________________________________
ATTEST:
_____________________________
Clerk of the Board
APPROVED AS TO FORM:
_____________________________
County Attorney