FINAL WELL 9-35E AGREEMENT MWD.PDF

DUPLICATE
ORIGINAL
MAR1COPA COUNTY DEPARTMENT OF
TRANSPORTATION
WELL 9-35E RELOCATION AGREEMENT
Between
MARICOPA COUNTY
and
MARICOPA COUNTY MUNICIPAL WATER CONSERVATION
DISTRICT NUMBER ONE
Project No. TT0497
Location: Olive Avenue — Citrus Road to Cotton Lane
This AGREEMENT is made between MARICOPA COUNTY, a political subdivision of
the State of Arizona, and IVIARICOPA COUNTY MUNICIPAL WATER
CONSERVATION DISTRICT NUMBER ONE, an irrigation and water conservation
district, a municipal corporation and a political subdivision of the State of Arizona,
(MWD). All lettered Exhibits are incorporated and made a part of this agreement by
reference and attachment regardless of designation or alphabetical order.

INDEX
Section Page
INDEX 2
I. RECITALS 4
II. DEFINITIONS 4
III. AGREEMENT 6
A. Design 6
B Construction Requirements 6
1. Construction 6
2. Equipping of Replacement Well 7
3. MWD Electrical Facilities 7
4. Replacement Well Site Surface 7
5. Replacement Well Site Perimeter Fencing 7
6. Staking 8
7. Construction Observation 8
8. Testing 8
9. Final Inspection 8
10. Remove Abandoned Facilities 9
11. Disposal Sites 9
12. Other Governmental Authority 9
13. Damage to MWD Facilities 10
14. Ownership of Facilities 10
15. Maintenance 10
16. Alternate Well and Location 10
C. Transfer of Land Interests 11
1. MWD Transfers 11
2. Separate Agreement for Land Transfer 11
3. Prior Rights 12
4, Right of Way Delays 12
5. Construction Right of Way 12
6. Pipeline Easement 12
D. Traffic 13
E. Start/Completion Date 13
F. Subcontracting 13
G. Blue Stake 13
H. The Acceptance Date 14
IV. SCHEDULES AND PAYMENTS 14
A. Payments 14
1. Changes in Scope of WORK 16
2. Cost Increases 16
3. Payment of Invoices 16

4. Reimbursements 16
5. Expeditious Payments/Remedy for Late Payment 17
6. Nonwaiver 17
V. LIABILITY 17
A. Liability 17
VI. STATUTORILY MANDATED TERMS 17
A. Arbitration 17
B. Budget Limitations 17
C. Executive Order 75-5 & 99-4 18
D. Cancellation by Governor 18
E. Records Retention and Audit 18
VII. MISCELLANEOUS CONDITIONS 18
A. Communications for this AGREEMENT 18
B. AGREEMENT Content and Modification 18
C. Laws 19
D. Breach of AGREEMENT 19
Signature 19
Notary Public Page 20
Exhibit "A" Cost Estimate
Exhibit "B" Plans for Relocation
Exhibit "C" Prior Rights Documentation
Exhibit "ID" MWD Well Replacement Guidelines and Specifications
Exhibit "E" Well Specifications
Exhibit "F" Equipping of Replacement Well

I. RECITALS:
The purpose of this Agreement is to enable the Maricopa County Department of
Transportation to complete a roadway project consisting of widening Olive Avenue and
intersection improvements at Citrus Road and Cotton Lane. In order to complete this
project, it is necessary to RELOCATE the existing MWD well (MWD well number 9-35E)
and related appurtenances at Olive Avenue (the "Existing Well").
The Parties acknowledge that this Agreement is generally intended to cover
MWD's costs associated with the MWD'S design, construction, contract administration,
construction observation and final inspection, of the RELOCATION of the Existing Well
and related appurtenances in the location shown on Exhibit "B", referred to as the
"RELOCATED FACILITIES." Exhibit "B" will be prepared and attached hereto after
execution of this Agreement and completion of the design.
The Existing Well to be relocated has PRIOR RIGHTS, as evidenced by the items
described in Exhibit "C".
II. DEFINITIONS:
A. MCDOT means MARICOPA COUNTY DEPARTMENT OF
TRANSPORTATION.
B. MCDOT EMERGENCY means a utility failure, which affects the safety of
the motorist or the roadway.
C. AGREEMENT means this specific agreement and all attachments
incorporated by reference.
D. A.R.S. means Arizona Revised Statutes.
E. CONSTRUCTION PROJECT NO. means the roadway construction project
number utilized for MCDOT construction PROJECT, which is TT0497.

F. MUTCD means the "Manual on Uniform Traffic Control Devices" and any
amendments and/or revisions thereto.
G. PRIOR RIGHTS means rights associated with one party's use or occupancy
of land, or with the facilities located on such land, that are, because of priority in time or
other reasons, superior to the rights of the other party.
H. PROJECT means this MCDOT roadway construction project as defined in
Paragraph E above.
I. RELOCATE or RELOCATION means to move, adjust or construct a MWD
facility to avoid conflict with PROJECT construction.
J. RELOCATED FACILITIES means the facilities so moved, adjusted or
constructed.
K. MWD means Maricopa County Municipal Water Conservation District
Number One.
L. UTILITY EMERGENCY means any failure or condition affecting MWD's
RELOCATED FACILITIES that has a substantial effect on MWD's functions and, in the
sole reasonable judgment of MWD, requires immediate action to remedy the failure or
condition.
M. UTILITY PROJECT NO. means MCDOT's utility relocation project number,
which is TT0497.
N. WORK means pre-engineering, engineering, management, administration,
design, preparation of plans, specifications, construction, construction labor, construction
observation, construction inspection, materials and equipment, and final inspection called
for in the AGREEMENT including, but not limited to, consulting and legal costs and
approved changes in scope.
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0. WORKING DAY means a calendar day, exclusive of Saturdays, Sundays
and MCDOT recognized holidays, on which weather conditions will permit the MWD
construction operations to proceed for a major part of the day with the normal working
force.
111. AGREEMENT:
A. Design. MWD's Consultant (the "Consultant") will design the Replacement
Facilities (the "Design") and shall produce, or cause to be produced, a design concept
report ("DCR") in accordance with the MWD Well Replacement Guidelines and
Specifications, a copy of which is attached hereto at Exhibit "D" (the "MVVD Well
Guidelines"), The DCR shall include: (I) AutoCAD drawings documenting the preliminary
well design, including casing/screen size, types, depths, and proposed zonal or depth-
specific sampling protocol; (ii) a demonstration of the rationale for that particular design,
which incorporates existing hydrogeologic data; (iii) a water quality sampling plan; and
(iv) a well drilling and completion plan. Upon completion of the DCR, MWD shall send a
copy of the DCR to MCDOT.
B. Construction Requirements. MWD will construct the RELOCATED
FACILITIES as shown on the plans marked Exhibit "B".
1. Construction. The RELOCATED FACILITIES shall: (i) be installed
and constructed in accordance with the Design, the DCR, the MWD Well Guidelines, and
all applicable state and local laws, rules, and regulations; and (ii) unless otherwise agreed
to by MWD, meet the same specifications as the Existing Well with respect to water
quality, gallons per minute output, and total permitted annual output, which specifications
are described at Exhibit "E" attached hereto (the Well Specifications"), MWD shall, at
MCDOT's sole cost and expense, cause an experienced well driller to be hired, the
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selection of which shall be done in accordance with the requirements of A.R.S. § 34-101
et seq.
2. Equipping of Replacement Well. As part of the construction, MWD
shall, at MCDOT's sole cost and expense, fully equip the RELOCATED FACILITIES with
an electrical pump, service panel, transformers, motor, meter, piping, and related
appurtenances, as described in Exhibit "F" hereto.
3. MWD Electrical Facilities. MWD shall, at MCDOT's sole cost and
expense, cause electric power to be extended to the RELOCATED FACILITIES, including
but not limited to constructing and installing poles, or other supporting structures and
wires, conductors or cables suspended thereon, and all other appliances, fixtures, or
underground conduits for the transmission and distribution of electricity to the
RELOCATED FACILITIES (said electrical facilities and fixtures collectively herein called
"MWD Electrical Facilities"). MCDOT shall provide to MWD any aerial or underground
access easements necessary to access, construct, install, reconstruct, replace, remove,
repair, operate and maintain the MWD Electrical Facilities.
4. Replacement Well Site Surface. Upon completion of the
RELOCATED FACILITIES, MWD shall, at MCDOT's sole cost and expense, cause the
ground surface of the RELOCATED FACILITIES to be covered with either granite or
gravel having a thickness of no less than two inches.
5. Replacement Well Site Perimeter Fencing. MWD shall, at
MCDOT's sole cost and expense, construct a chain link fence around the entire perimeter
of the RELOCATED FACILITIES, which fence shall be no less than six (6) feet high. In
lieu of the chain link fence required by the immediately preceding sentence, with MVVD's
consent, MCDOT may request MWD to construct a more aesthetically pleasing barrier
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around the perimeter of the RELOCATED FACILITIES, provided that such alternative
barrier must be functionally equal to or better than the otherwise required chain link fence.
6. Staking. MCDOT shall provide adequate horizontal and vertical
survey control. The grade and alignment of the RELOCATION shall be staked by
MCDOT, as shown on Exhibit "B" after the survey controls have been established by
MCDOT. Upon request, MCDOT will provide field verification of field staking to confirm
the approved location of MWD facilities.
7. Construction Observation. MWD shall, at MCDOT's sole cost and
expense, hire a well design engineer (the "Well Consultant"). The Well Consultant shall
be responsible for designing the RELOCATED FACILITIES, observing installation and
construction, and undertaking final inspection of the RELOCATED FACILITIES.
8. Testing. MWD shall, at MCDOT's sole cost and expense, cause the
RELOCATED FACILITIES to be tested at such times prior to Final Acceptance (defined
below) and in such manner as may be required to determine whether the RELOCATED
FACILITIES meets MWD's water quality and well capacity specifications, including,
without limitation, the Design, the DCR and the MWD Well Guidelines. MCDOT and its
agents shall have the right, but not the obligation, to monitor the testing. All decisions
concerning the activities contemplated by this Section 8 shall be made by MWD.
9. Final Inspection. Upon completion of the construction and testing
of the RELOCATED FACILITIES, MWD will conduct a preliminary walk through
inspection. During that preliminary inspection an initial punch list will be developed by
MWD. MWD shall conduct a final inspection. Upon completion, MWD will issue a Notice
of Substantial Completion, including a final punch list that includes any items that still
need to be completed. Upon completion of the items on the final punch list and MWD's
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satisfaction that the RELOCATED FACILITIES have been; (i) constructed in substantial
compliance with the Design, the DCR and the MWD Well Guidelines; and (ii) fully tested
and are operational for the purposes for which they are intended, MWD shall issue a
written final acceptance ("Final Acceptance").
10. Remove Abandoned Facilities. Upon Final Acceptance of the
RELOCATED FACILITIES, MWD, at MCDOT's sole cost and expense, shall abandon the
Existing Well in coordination with MCDOT and in accordance with the Design, the DCR
and the Arizona Department of Water Resources ("ADWR") well abandonment
requirements and remove any of the existing facilities which are identified on Exhibit "B"
to be removed by MWD. Any of the existing facilities, such as pumps or pipes, which are
to be removed, may be salvaged by MCDOT. The Existing Well shall not be taken out of
service or impaired prior to Final Acceptance of the RELOCATED FACILITIES.
11. Disposal Sites. MCDOT shall dispose of any material MCDOT
removes from the site that is associated with the RELOCATION in an environmentally
responsible manner. MCDOT may dispose of "inert material" (as defined by A.R.S.
Section 49-701.15) removed from the site as allowed under applicable laws, rules and
regulations. With respect to nonhazardous "solid waste" (as defined by A.R.S. Section
49-701.01), MCDOT shall dispose of such material in any solid waste disposal facility
holding a valid Aquifer Protection Permit issued pursuant to A.R.S. Sections 49-241 to
49-252. If any hazardous materials are encountered on the site, MCDOT shall promptly
notify MWD, and shall dispose of such materials as required by applicable law.
12. Other Governmental Authority. Prior to initiating construction of
the RELOCATED FACILITIES, MWD shall, at MCDOT's sole cost and expense, acquire
all licenses, permits, and other governmental approvals necessary to construct the
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RELOCATED FACILITIES, including, but not limited to, a permit from ADWR for MWD to
drill or operate a non-exempt service area well at a pumping rate of no less than 1,250
gallons per minute, and allowing an annual pumping volume of no less than 1,290 acre-
feet per annum. MWD shall ensure that all licenses, permits, and other governmental
approvals remain in full force and effect during MWD's construction of the RELOCATED
FACILITIES.
13. Damage to MWD Facilities. During construction of any portion of
MCDOT's PROJECT, should any MWD facilities be damaged and the damage is caused
by or related to the construction activities of MCDOT or its contractor or subcontractors
of any tier, MCDOT shall repair the facilities to the satisfaction of MWD. Depending on
the nature and extent of damage, MWD may make such repairs and MCDOT agrees to
pay all cost incurred by MWD due to the damage.
14. Ownership of Facilities. MWD shall be the sole owner of
RELOCATED FACILITIES constructed under this AGREEMENT. Nothing herein shall
be construed as conveying or granting any right, title or interest in the RELOCATED
FACILITIES to anyone other than the MWD.
15. Maintenance, Maintenance, operations and associated costs for
the MWD facilities covered by the AGREEMENT will be the responsibility of the MWD.
16. Alternate Well and Location. If MWD reasonably determines at
any point during or after construction of the RELOCATED FACILITIES, but before the
Final Acceptance, that the RELOCATED FACILITIES do not comply with MWD's water
quality and well capacity specifications, including, without limitation, the Design, the DCR
and the MWD Well Guidelines, MWD shall, at MCDOT's sole cost and expense, either:
(i) design, construct, install, test, and, inspect another well (an "Alternate Well") in
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accordance with Sections B.1 through B.16 of this AGREEMENT in a location to be
mutually agreed upon by MWD and MCDOT (an "Alternate Location"); or (ii) continue
drilling or redrill at the same location. MWD and MCDOT shall meet in good faith to
discuss the two options set forth above; provided, however, the ultimate determination
shall be made in MWD's sole and absolute discretion. If, after completion of construction,
the Alternate Well is unacceptable to MWD, then MWD may, in its reasonable discretion,
elect to construct Alternate Wells at Alternate Locations until an Alternate Well that is
acceptable to MWD is constructed, as evidenced by MWD's delivery of its Final
Acceptance of the Alternate Well. The design, construction, and installation of the
Alternate Well shall be done in the same manner as related to the RELOCATED
FACILITIES under this AGREEMENT. If necessary, MCDOT shall promptly secure
additional funding to construct the Alternate Well, convey the Alternate Property, and
abandon the Replacement Well.
C. Transfer of Land Interests.
1. MWD Transfers. Upon Final Acceptance, the MWD will grant and
convey to MCDOT any rights, title and interest which, the MWD has in the land originally
occupied by the Existing Well within MCDOT's Right-of-Way limits of the PROJECT that
is no longer occupied by the MWD.
2. Separate Agreement for Land Transfer. The parties agree that the
permanent land rights for any RELOCATED FACILITIES outside of MWD's existing land
rights shall be negotiated and acquired by separate agreement between Maricopa County
Real Estate Division and various private owners with MWD concurrence. If the close of
escrow has not been completed by the relocation construction start date, MCDOT shall enter
and construct upon any future MWD land rights by a Right-of Entry Agreement granted by

private owners and approved by MWD. MCDOT will convey to MWD a land interest for the
RELOCATED FACILITIES equivalent to what MWD had for the Existing Well prior to such
RELOCATION and in accordance with MWD Well Guidelines, as soon as practicable after
MCDOT acquires the affected property. If eminent domain proceedings by MCDOT are
involved for the land on which the RELOCATED FACILITIES are to be constructed,
MCDOT's order for possession shall provide that any person or entity with permission from
MCDOT may go onto such land and perform whatever work is necessary, and MCDOT shall
provide a copy of such order for possession to MWD.
3. Prior Rights. MCDOT hereby recognizes and acknowledges
MWD's PRIOR RIGHTS in connection with the Existing Well and the RELOCATED
FACILITIES. MCDOT agrees that if MWD is required by MCDOT at any time to move
RELOCATED FACILITIES, or if MWD must move the RELOCATED FACILITIES because
MCDOT failed to obtain the necessary land rights for MWD's RELOCATED FACILITIES,
MCDOT shall reimburse MWD for all costs associated with moving the RELOCATED
FACILITIES.
4. Right of Way Delays, MCDOT will not hold MWD liable for any
delay claims associated with any land right acquisition or related negotiations required to
facilitate the RELOCATION.
5. Construction Right of Way. MCDOT shall provide MWD, at no
expense to MWD, any temporary construction rights of way, within MCDOT's legal
possession, necessary for the prosecution of the WORK.
6. Pipeline Easement. MCDOT shall convey to MWD an easement for
the pipeline connecting the RELOCATED FACILITIES to MWD's water delivery system.
Such pipeline will be constructed by MWD as part of the RELOCATED FACILITIES.
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D. Traffic. The MWD shall not maintain, construct, reconstruct, inspect or
operate any of its facilities from roadway traffic lanes or Right-of-Way. In case of an
MCDOT EMERGENCY involving MWD's facilities, MWD shall have reasonable use of
the roadway notwithstanding the foregoing restriction, in case of a UTILITY
EMERGENCY, MWD shall have use of MCDOT Right-of-Way outside the roadway traffic
lanes as it reasonably deems necessary to correct, repair, replace or reconstruct facilities
affected by the UTILITY EMERGENCY. MWD shall, as soon as practical during any
MCDOT EMERGENCY or UTILITY EMERGENCY repairs, provide appropriate safety
devices to protect the roadway user as set forth in the MUTCD including all official
changes thereto, for all work within MCDOT Right-of-Way.
E. Start/Completion Date. Prior to commencing construction of the
RELOCATED FACILITIES, MWD shall hold a preconstruction meeting with MCDOT,
MCDOT's contractor, MWD and MWD's Consultant in attendance. The RELOCATION
will be accomplished before and during the PROJECT construction by MCDOT. The
WORK on the RELOCATED FACILITIES shall be undertaken in a manner so as not to
impair MWD's operations and to enable MWD to accomplish all of MWD's purposes,
including, but not limited to, the transmission and distribution of water, power and
communications to lands located outside the Project.
F. Subcontractina. RELOCATION will be performed by MWD's contractor
and/or subcontractor. MWD agrees to provide necessary documents showing the work is
done with reasonable cost through an acceptable selection process.
G. Blue Stake. For WORK performed by MCDOT's contractor for the
RELOCATED FACILITIES, it is understood that MCDOT is acting as a third party on
behalf of the MWD, administering the construction of MWD's facilities. At no time is
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MCDOT to be considered the owner of, or locator for, the MWD's facilities. MCDOT's
contractor for the PROJECT shall locate any underground facilities installed by MCDOT's
contractor (or subcontractor of any tier) for MCDOT's PROJECT as prescribed by A.R.S.
40-360.21 through 40-360.32, until (i) the PROJECT is accepted by MCDOT and MCDOT
has given MWD one month's prior notice or (ii) until the time the facility is tested and
placed into service by MWD, at which time (whichever is earlier) MWD shall assume Blue
Staking responsibility. The transfer of Blue Stake responsibility to MWD shall not affect
MWD's rights to inspect the RELOCATED FACILITIES, to require correction of any
defects, or any other rights under this AGREEMENT.
H. The Acceptance Date. The acceptance date of this AGREEMENT shall
be the day which the last party executes the AGREEMENT.
1V. SCHEDULES AND PAYMENTS:
A. Payments. MCDOT will be responsible for the cost of RELOCATION and
any WORK performed by the MWD for PRIOR RIGHTS facilities. The estimated design
and construction schedules and cost for WORK performed by the MWD for PRIOR
RIGHTS facilities is shown on Exhibit "A". MCDOT shall pay MWD the total sum of Two
Million Three Hundred Forty One Thousand and 00/100 Dollars ($2,341,000.00) in four
(4) different installments, with each such installment to be paid in cash, by certified funds,
or by wire transfer and in accordance with the following provisions:
i. First Installment. MCDOT shall pay to MWD the sum of Eight Hundred
Forty One Thousand and 00/100 Dollars ($841,000.00) due upon execution
of this AGREEMENT.

ii. Second Installment. MCDOT shall pay to MWD the sum of Five Hundred
Thousand and 00/100 Dollars ($500,000.00) five (5) months following the
date of execution of this AGREEMENT.
iii. Third Installment. MCDOT shall pay to MWD the sum of Five Hundred
Thousand and 00/100 Dollars ($500,000.00) eight (8) months following the
date of execution of this AGREEMENT.
iv. Fourth Installment. MCDOT shall pay to MWD the sum of Five Hundred
Thousand and 00/100 Dollars ($500,000.00) sixteen (16) months following
the date of execution of this AGREEMENT.
Each installment shall serve as a draw fund to reimburse MWD for those costs that are
related to the WORK on the RELOCATED FACILITIES ("Draw"). The Consultant will
invoice MWD for the actual costs as they occur and MWD will pay the Consultant. MWD
will withdraw the Consultant's costs from the Draw to reimburse MWD for the payment of
those actual costs. Upon completion of the WORK on the RELOCATED FACILITIES,
MWD will withdraw from the Draw an amount equal to the Consultant's final invoice for
the design, construction and the MWD administrative costs, and shall refund MCDOT any
unused amounts of the Draw. If the final costs exceed the Draw, MWD will invoice
MCDOT and MCDOT shall pay MWD for any costs not covered by the Draw. The creation
of the draw fund and the withdrawals therefrom will be strictly an accounting exercise.
MCDOT is not responsible for any costs which are betterments or enhancements to the
RELOCATED FACILITIES. The parties agree that the items listed on Exhibit "A" (except
for any items identified to be paid by MWD) do not constitute betterments or
enhancements within the meaning of this AGREEMENT.

1. Changes in Scope of WORK. In the event conditions or
circumstances require a change in the scope of work on the RELOCATION as set forth
in Exhibit "B", each party shall agree in writing to the changes, including payment
responsibilities prior to doing the work.
2. Cost Increases. If the total cost of WORK performed by MWD
exceeds the cost estimate set forth in Exhibit "A", plus any approved changes, by more
than fifteen percent (15%), MWD shall give MCDOT written notice containing the reasons
for the cost increases at the time of submission to MCDOT of payment of invoices when
total costs exceed the cost estimate, plus any approved changes, by more than fifteen
percent (15%). Subject to MCDOT's verification that the cost increases represent actual
costs for the activities to be performed under this AGREEMENT, MCDOT shall pay all
such additional amounts to MWD.
3. Payment of invoices. MCDOT agrees to pay MWD the invoiced
amount within thirty (30) days of receipt, provided MWD has complied with all conditions
of this AGREEMENT.
4. Reimbursements. MC DOT shall notify MWD within the five-year
audit period described herein of any audit exception taken by MCDOT to any amount paid
by MCDOT to MWD. Any audit exceptions with which MWD disagrees shall be subject
to resolution by MCDOT and MWD through compromise, mediation, arbitration or
adjudication as provided for in this AGREEMENT.
5, Expeditious Payments/Remedy for Late Payment. Any payment
due from one party to the other hereunder shall be processed and paid as expeditiously
as reasonably possible. The deadlines for payment set forth herein are absolute
maximum limits. The parties shall use their best efforts to achieve significantly shorter
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payment periods. If either party is dissatisfied with payment response times at any time,
such party may escalate such matter for resolution and/or settlement by upper
management. If any payment is not received by the due date specified herein, including
any required payment of a disputed amount, the party to whom payment is due may take
appropriate action to recover any such overdue amount. The prevailing party shall be
entitled to any remedies available under law, for example, but not limited to, interest, costs
and attorney fees.
6. Nonwaiver, MWD does not waive any claim it may have for payment
for performance rendered under this AGREEMENT prior to the date any action is taken
by MCDOT pursuant to the sections hereof entitled "Budget Limitations" and "Cancellation
by Governor".
V. LIABILITY:
A. Liability. MCDOT and MWD each agree to be liable to the other party for
its own acts of negligence and the negligence of its own employees.
VI. STATUTORILY MANDATED TERMS:
A. Arbitration. The parties shall use arbitration after exhausting applicable
administrative remedies to resolve disputes arising out of this AGREEMENT where the
sole relief sought is monetary damages of $100,000 or less exclusive of interest.
B. Budget Limitations. This AGREEMENT is subject to the provisions of
Chapter 1 of Title 35, Arizona Revised Statutes.
C. Executive Order 75-5 and 99-4. In connection with this AGREEMENT,
MWD shall comply with all applicable provisions of Executive Order 75-5 and 99-4, "Non-
Discrimination in Employment by Government Contractors and Subcontractors".

D. Cancellation by Governor. All parties hereby are put on notice that this
AGREEMENT is subject to cancellation by the Governor pursuant to A.R.S. § 38-511.
E. Records Retention and Audit. In accordance with A.R.S. § 35-214, all
books accounts, reports, files and other records relating to this AGREEMENT shall be
subject at reasonable times to inspection and audit by MCDOT for five (5) years after the
receipt of final payment. Such records shall be produced by MWD at any MCDOT office
as designated by MCDOT. At MCDOT's discretion said inspection and audit may be held
at MWD's office during normal business hours. MCDOT shall conduct its inspection and
audit at its expense, including MWD's audit costs.
VII. MISCELLANEOUS CONDITIONS:
A. Communication for this AGREEMENT 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
Maricopa County Municipal Water Conservation District Number One
Attention: Property & Contracts Supervisor
14825 West Grand Avenue
Surprise, AZ 85374
Fax No.: (623) 584-2536
B. AGREEMENT Content and Modification. This AGREEMENT, including
any schedules, exhibits or attachments hereto, constitutes the entire agreement between
the 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.

C. Laws. This AGREEMENT shall be governed by the laws of the State of
Arizona.
D. Breach of AGREEMENT. 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 day of ,2017.
MARICOPA COUNTY MUNICIPAL MARICOPA COUNTY, a political
WATER CONSERVATION DISTRICT subdivision of the State of Arizona
NUMBER ONE, an irrigation and water
conservation district, a municipal
corporation and a political subdivision of
the State of Arizona
By: By:
Christine Cain Denny Barney
Its: Property & Contracts Supervisor Its: Chairman of the Board of Supervisors
ATTEST: ATTEST:
By: By:
Glen Vortherms
Its: Assistant Secretary Approved as to form:
By:
Deputy County Attorney

STATE OF ARIZONA )
) ss
COUNTY OF MARICOPA )
On this the day of , 2017, before me, the
undersigned Notary Public, personally appeared Christine Cain and Glen Vortherms,
known to me to be the Property & Contracts Supervisor and Assistant Secretary of the
MARICOPA COUNTY MUNICIPAL WATER CONSERVATION DISTRICT NUMBER
ONE, an irrigation and water conservation district, a municipal corporation and a political
subdivision of the State of Arizona, and they, being duly authorized so to do, executed
the forgoing instrument for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
Notary Public
My Commission Expires:
STATE OF ARIZONA )
) ss
COUNTY OF MARICOPA )
On this the day of , 2017, before me, the
undersigned Notary Public, personally appeared Denny Barney, known to me to be the
Chairman of the Board of Supervisors of MARICOPA COUNTY, a political subdivision of
the State of Arizona, and he, being duly authorized so to do, executed the forgoing
instrument for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
Notary Public
My Commission Expires:

MIAD
MARICOPA WATER DISTRICT
Exhibit A
Well Design & Construction Cost Estimate & Schedule
MWD Well 9-35E Replacement Well
Legal Fees 5,000
Design Cost Estimate
Item Description Cost
1 Well Installation Design: Borehole Drilling Technical Specifications, Borehole $ 95,000
Geophysical Analysis, Pump Testing Analysis, Water Quality Analysis, Well
Completion Report, & Existing Well Abandonment Report
2 Well Equipping Design: Data Collection, Site Layout, Design Report, $ 151,000
Construction Plans & Specifications, and Bid Documents
3 MWD Administrative Costs (Lump Sum) $ 15,000
Sub-Total Design $ 261,000
Construction Cost Estimate
Item Description Cost
4 Borehole Drilling to 1,000 ft depth & Surface Casing $ 250,000
5 Pump Testing $ 100,000
6 Well Casing/Screening, Gravel/Sounding Tube, Annular Materials $ 500,000
7 Well Development $ 50,000
8 Well Pump, Motor and Site Piping $ 200,000
9 Transmission Pipeline $ 75,000
10 Electrical & instrumentation $ 300,000
11 Perimeter Wall and Gates $ 20,000
12 Civil Site Work $ 85,000
13 Primary Power (S ES) $ 50,000
14 APS Temporary Power to Existing Well Site $ 75,000
15 APS Line Extension & Transformer $ 100,000
16 Abandonment of Existing Well $ 50,000
17 Construction Management & Observation $ 155,000
18 MWD Administrative Costs (Lump Sum) $ 65,000
Sub-Total Construction $ 2,075,000
Total $ 2,341,000
Schedule
Design 8 months
Construction 10 Months
Total Estimated Time 18 Months
Exhibit A Cost Estimate Olive Well 9-35E Revised 2-12-16

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Exhibit D
MWD WELL REPLACEMENT GUIDELINES AND SPECIFICATIONS
Form, as approved by MWD Board on January 9, 2007.

MWD WELL REPLACEMENT GUIDELINES AND SPECIFICATIONS
Preamble
MWD is often requested to relocate wells which are typically located at section corners near roadway
intersections or other arterials that are slated for expansion. However, some of MWD's existing wells may
be located, or constructed in a manner not consistent with current standards or the long-term needs of the
District. In such cases, MWD may elect to require the landowner to:
(1) construct wells that are at a location outside the standard Replacement Well radius (within
660 feet of the existing well) and/or
(2) design and construct the new well in such a manner to accomplish changing District
objectives, such as water quality enhancement.
Proposals for replacement wells will be handled on a case-by-case basis due to differing groundwater
conditions and obligations throughout the District. MWD is adopting guidelines and specifications for the
construction of replacement wells in order to ensure that the replacement well program is consistent with
standards that recognize existing conditions as well as the long-term needs of MWD and to provide
information to the development community of the District's requirements.
Classes of Replacement Wells
The District envisions two classes of replacement wells derived from the Replacement Well Guidelines
and Specifications. They are:
a) Replacement Well at Same Location. These wells will be located within 660 feet of the existing
MWD well. The District may elect to have the replacement well constructed with a different
screened interval than the original in order to improve the quality of water produced by the well.
b) Replacement Well in New Location. Existing MWD wells may be located in an area where
urbanization has reduced or eliminated non-potable demands. Some wells to be replaced may
be located in areas with undesirable hydrogeologic conditions. In such circumstances, MWD may
elect to have a new well drilled in a location more favorable to the District's operations.
MWD understands the risks associated with well drilling and has attempted to develop these guidelines in
a manner that balances the goals of quantity and quality of water produced by the replacement well.
2 of 5

All parties requesting to provide MWD with replacement wells shall construct the replacement wells to
standards consistent with those developed by the District. MWD will require demonstrations to validate
that the well specifications have been met.
Well Specification Standard / Approach
The well specifications will be performance based. It will be the responsibility of the developer to
demonstrate adequate performance on all aspects of the well. Performance based guidelines are
included in ANS1/AWWA A100-06 Standard for Water Wells. All wells should comply with AAWA
A100-06 as clarified or modified below or unless otherwise approved by the District.
Demonstrations
Utilize ANSI/AWWA A100-06 Standard for Water Wells to address the following:
Prior to drilling:
1) A Hydrologic Study of any site not within 660 feet of the well to be replaced;
2) Identification of a well site that will be deeded to MWD along with the replacement well. The well site
shall have minimum dimensions of 150 x 150 feet (22,500 square feet). MWD may consider
deviations from the above dimensions, provided that the site can accommodate all reasonably
foreseeable drilling and maintenance activities within a locked perimeter enclosure.
3) Documentation of Non-Exempt Well Permit approval;
4) Identification and acquisition of permanent withdrawal authority for MWD for the well. This authority
may include, but not be limited to the following; MWD's Service Area Right; Grandfathered
Groundwater Rights owned by the District or leased for sufficient time to allow the well to be permitted
as an MWD Service Area Well; or a Recovery Well Permit with sufficient groundwater credits to allow
the well to be permitted as an MWD Service Area Well;
5) Documentation of discharge plan and AZPDES discharge permit approval, if needed;
6) Documentation of Well Specifications, Bid Documents, Approved Bid, Legal Documents, Bonds,
Licenses, and Insurances;
7) Design Concept Report (DCR) including ACAD drawing documenting preliminary well design,
including casing/screen size, type, depths and proposed zonal or depth specific sampling protocol.
The DCR should include a demonstration of rationale for this design which would incorporate existing
hydrogeologic data and a water quality sampling plan.
MWD must review and approve the DCR prior to initiation of drilling activities.
3 of 5

Durinq drilling:
8) Documentation of detailed geological and engineering log of drill cuttings during each 10 foot interval
in the well;
9) Documentation of zonal or depth specific water samples acquired during drilling of the well. MWD will
require depth specific or zonal samples to be collected throughout the water bearing interval of the
well. A minimum of one sample per 100 feet of water bearing zone shall be collected from the well or
borehole and analyzed at a licensed laboratory;
10) Demonstration that appropriate gravel pack and screen slot size have been selected using the sieve
analysis data. MWD will require at least one sieve sample collected and analyzed in the least-coarse
10-foot interval every 100 feet in the screened portion of the well;
11) Demonstration that the appropriate casing and screen materials are used and an estimate of the
expected life-span of the well before rehabilitation. MWD has many wells that have been in service in
excess of 50 years and will require equal or greater longevity from the replacement well casing. HSLA
is the required casing material unless a proposal is made to MWD demonstrating that a different
casing material will provide an expected life of at least 50 years given the specific groundwater
conditions.
12) Demonstration of appropriate geophysical fogging. If an open borehole can be available following
drilling to total depth, then appropriate logs would include caliper, spontaneous potential, normal
resistivities, natural gamma ray, and sonic. If a casing advancement technique is used, then
appropriate logs from total depth would include natural gamma ray and neutron;
13) Demonstration of appropriate screened interval based on depth specific or zonal water quality
sampling, drill cutting lithology, rate of penetration, discharges, geophysical logging, and sieve
samples;
14) Demonstration of adequate minimum screen length for the planned discharge capacity of the well;
15) Demonstration of estimated entrance velocities. MWD is targeting entrance velocities of no greater
than 1.0 feet per second;
16) Demonstration of plumbness and alignment using the gyroscopic survey method;
17) Demonstration of adequate disinfection of gravel pack and well screen;
MWD shall be notified of any significant deviation from the well drilling and completion plan presented in
the approved DCR. Any data supporting the deviation from the approved DCR must accompany the
notification.
Prior to initiation of drilling, MWD shall designate its primary and alternate representatives, who shall be
provided all information collected during the drilling prior to installation of the well screen and casing.
MWD shall have 48 hours from the time of receipt of these materials to approve the plan for completing
the well.
4 of 5

During development and pump testing:
18) Demonstration of adequate swab and pump development;
19) Demonstration of adequate duration, pump rate, and recovery duration during the pump testing;
20) Demonstration of collection and analysis of water quality samples as described in the approved DCR.
After field work:
21) Evaluation of aquifer and well losses and well efficiency based on the pump test data;
22) Demonstration of well capacity and final pump sizing using pump test data;
23) Demonstration that the well will not produce excessive amounts of sand, using a Rossum sand tester;
24) Analysis of hydraulic conductivity and, if possible, storage coefficient;
25) Laboratory reports and chain of custody of all water quality sampling from constructed well. ;
26) New source approval from ADEQ, if applicable;
27) ACAD Documentation of Final Well As-built;
28) Documentation of proposed site work, approval and construction of enclosure;
29) Submittal of Well Completion Report for final approval containing all of the above documentation,
including material invoices; material specs; drilling reports; pump reports; lien waivers from all
contractors, subcontractors and vendors, etc.
All costs associated with the replacement of MWD's wells, including MWD administration and
groundwater consultant costs, will be the responsibility of the party requesting the relocation of MWD's
well.
5 of 5

-NI MVO
MARICOPA WATER DISTRICT
Exhibit E
Well Specifications
MWD Well 9-35E Replacement Well
Item
No. Description
1 Well Pumping Capacity 1,250 gpm minimum l
2 Arsenic less than or equal to 0.011 mg/I 1
3 Flouride less than or equal to 1.3 mg/I 1
4 Nitrate less than or equal to 12.2 mg/I 1
5 Chromium less than or equal to 0.027 mg/I 1
6 Total Dissolved Solids less than or equal to 372 mg/I 1
7 Reverse Rotary Well Drilling Method
20" diameter HSLA Blank Well Casing with Roscoe Moss Louvered "Ful Flo"
8 Perforated Casing
Perforated Casing Intervals To Be Determined Based on Water Quality
9 Sampling and Pump Testing
1 Based on Existing Well Capacity & Water Quality
Revised 9-21-16

r\\J MVO
MARICOPA WATER DISTRICT
Exhibit F
Equipping of Replacement Well
MWD Well 9-35E Replacement Well
Item
No. Description
Constant Speed Submersible Well Pump and Motor Capable of Pumping
1 1,250 gpm min
2 Service Entry Section (SES), 480 Volt, 3 Phase
3 Ground Mounted Transformer
4 Motor Control Cabinet (MCC)
SCADA & Telemetry Equipment
6 Shade Canopy for Electrical Equipment
7 Flow Meter
8 Discharge Piping and Appurtenant Facilities
Revised 9-21-16