Cost Participation Agreement

City of Glendale — Regular Meeting (2021-09-14)

Extracted text (via ocr_local) 11177 characters

COST PARTICIPATION
AGREEMENT BETWEEN THE
CITY OF GLENDALE AND THE ROOSEVELT IRRIGATION
DISTRICT ASSOCIATED WITH THE
RID CC2 Canal - Glendale Ave. Improvements at 99'" Ave.

THIS COST PARTICIPATION AGREEMENT FOR ENGINEERING DESIGN, PLAN
REVIEW AND CONSTRUCTION OBSERVATION SERVICES associated with the
proposed RID CC2 CANAL - GLENDALE AVE. IMPROVEMENTS AT 997 AVE. is
made between THE ROOSEVELT IRRIGATION DISTRICT, an Arizona municipal
corporation (hereinafter the “DISTRICT") and THE CITY OF GLENDALE, an Arizona-
municipal corporation (hereinafter the “CITY’).

RECITALS:

A. The CITY has recently contacted the DISTRICT regarding a proposal to
construct roadway and utility improvements including and adjacent to Glendale
Avenue at 99'6 Avenue in the City of Glendale, Maricopa County, Arizona in
association with the City of Glendale - Glendale Avenue Improvements project (the

“Project”).

B. The DISTRICT owns, operates and maintains the RID CC2 Canal for the
conveyance and collection of irrigation water to fands located generally west of the
Agua Fria River. The CITY’s proposed improvements at Glendale Avenue and 99th

Avenue cross or are adjacent to a portion of these DISTRICT facilities.

C. To accommodate the Project, the relocation of certain DISTRICT facilities atong

the RID CC2 Canal is required. The DISTRICT, and/or the DISTRICT’s authorized
agents, will provide technical coordination, engineering design, construction plan
preparation, and other necessary services associated with the design and
construction of the DISTRICT relocated facilities required for the proposed Project

(the “Relocated Facilities”).

D. The CITY and the DISTRICT desire to enter into this agreement pursuant to which
the DISTRICT shall provide various services associated with the design and
construction of the Relocated Facilities and the CITY shall reimburse the DISTRICT
for such services. Specifically, DISTRICT and/or its authorized agents shall
provide the following services in connection with the Relocated Facilities: (i) land
rights and right-of-way research, appraisals and access negotiations as needed;
design and prepare specifications and construction plans for the Relocated
Facilities review; and coordinate and obtain approvals of other utilities affected by
the Relocated Facilities (collectively “Design Services”). The CITY shall reimburse
the DISTRICT’s reasonable costs associated with the SERVICES, including

additional costs pursuant to Section 6 below.

NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency

of which is hereby acknowledged, the parties agree as follows:

1. The Recitals set forth above are incorporated herein by this reference.

Page 1 of 3

Cost Participation Agreement
City of Glendale and the Roosevelt Irrigation District associated with the
RID CC2 Canal - Glendale Ave. Improvements at 99" Ave.

All construction projects involving DISTRICT facilities are subject to the written
approval of the DISTRICT Board of Directors and such approval may be granted or
denied solely within the discretion of the Board and this Agreement shall not take
effect until approved by the DISTRICT Board of Directors.

The CITY can provide the DISTRICT with a written Letter of Authorization for
commencement of RID Design Services, Technical Coordination and
Administration Services while awaiting DISTRICT Board of Directors approval on
this Agreement so as not to incur a delay in RID and CITY Construction activities.
This written notification would not allow the commencement of Construction
Services until following DISTRICT Board of Directors Agreement approval.

Should the Board approve the Project, the DISTRICT shall provide the Services set
forth in Recital D above and the CITY shall reimburse the DISTRICT for reasonable
costs incurred by the DISTRICT in providing such Services, including legal or
administrative fees associated with the Services. Estimated DISTRICT costs for
the Services are hereby established at four thousand eight hundred seventy-nine
dollars ($4,879.00).

The CITY hereby understands, acknowledges, and agrees that the total funding
amount identified in this Agreement is an estimate based on the DISTRICT's
current understanding of the scope of the Project, and that actual costs incurred by
the DISTRICT in association with the Project may be greater or lesser than noted.

All Services completed by the DISTRICT in association with the Project shall be
completed on a time and materials basis. The DISTRICT will not invoice the CITY
for funds in excess of those identified in the Fee Proposal and Contractors
Estimated Construction Costs, attached hereto and referenced herein, without prior
written consent of the CITY. In the event the DISTRICT determines that funds in
addition to those set forth in the Fee Proposal are reasonably necessary to
complete the Project, the DISTRICT may, at its sole discretion, cease work on the
Project immediately upon providing written notice to the CITY of the need for
additional funds.

The DISTRICT shall provide monthly invoices to the CITY for payment of incurred
DISTRICT costs. The CITY will use reasonable efforts to remit payment of such
invoices within thirty (30) days of receipt and, in no event, later than sixty (60) days
after receipt.

If the CITY should rescind or cancel the request to complete the Project, the
CITY will be responsible for ail costs incurred by the DISTRICT in association with
the Project.

The DISTRICT reserves the right to design and construct any modifications and/or
relocation of its facilities necessitated by the Project. The CITY shall bear all
responsibility for reviewing construction plans and specifications prepared by RID
to ensure that they are compatible with the Project.

20210323_CPA.1012_co2_rev.docx

Page 2 of 3

16.

11.

12.

13.

Cost Participation Agreement
City of Glendale and the Roosevelt Irrigation District associated with the
RID CC2 Canal — Glendale Ave. Improvements at 99" Ave.

The DISTRICT shall make every reasonable attempt to accommodate the CITY’s
schedule. However, the DISTRICT may require that the construction of
proposed facilities be completed during scheduled dry-ups of the DISTRICT’s
system. In any event, no liability shal! accrue to the DISTRICT for delays
associated with its actions and/or necessitated by the DISTRICT’s obligations to
provide water to its customers.

The CITY, or their authorized agent, must obtain a DISTRICT Right-of-Way
Crossing Permit prior to the crossing of existing DISTRICT facilities.

By their signature below, the respective signors warrant that they have the
authority to bind the identified entities to this Agreement. Additionally, the
Parties expressly warrant that they have complied with all procedures and any
applicable laws or regulations regarding the notice and the holding of public
hearings as prerequisites to approval of this Agreement and that there is no legal
or other impediments preventing the Parties from performing its obligations herein.

This Agreement may be signed in any number of counterparts, and once so
executed by all Parties each such counterpart will be deemed to be the original, but
all counterparts together shall constitute but one complete and binding agreement.

The CITY desires that the DISTRICT proceeds to implement the request and hereby
indicates its agreement to the preceding terms as evidenced by the execution of
this AGREEMENT below.

City of Glendale, an Arizona municipal corporation

By:

Date:

Printed Name and Title:

Roosevelt Irrigation District, Donovan L. Neese, Superintendent

py tL Date: skes/e \

20210323_CPA.1012_co2_rev.docx

Page 3 of 3

ROOSEVELT IRRIGATION DISTRICT

403 West Baseline Road ¢ Buckeye, AZ 85326 ¢ Phone (623) 386-2046 ¢ Fax (623) 386-4360

Board of Directors Superintendent
W. Bruce Heiden, President Donovan L. Neese
K.C. Gingg

Brandon Leister
Jason Rovey
John Vanderwey

23 March 2021

City of Glendale
5850 West Glendale Ave, Suite 315
Glendale, AZ 85301

Attention: | Dan Gerhard

Reference: RID CC2— Glendale Ave. Improvements at 99" Ave. (181301012)
The Roosevelt irrigation District (RID) is herein providing a scope of work and funding
authorization requirement for coordination for easement quit claim and creation related
to RID irrigation and/or drainage facilities in association with the above referenced
project.

Estimated fees for easement coordination and expenses for the RID relocation project
are detailed in the enclosed Fee Proposal.

A summary of the funding authorization to be provided to RID for this project is as
follows:

Engineering Fees & Expenses Estimate $2,379.00
RID Administration $0.00
RID Legal Fees Estimate $2,500.00
TOTAL AUTHORIZATION REQUIRED $4,879.00

The attached Cost Participation Agreement (CPA) must be signed and returned to the
RID office along with authorization to the Roosevelt Irrigation District in the amount
noted above. The commencement of engineering work will be scheduled once the
signed CPA has been returned to RID along with the requested authorization. The
project will be billed for engineering work on a time and materials basis.

This funding request is valid for 60 days from the date on the letter. RID reserves the
right to update the package should funding not be received in full within this time frame.

Please contact April Victorino at Stantec Consulting Services Inc. (480-687-6270) or me
if you have any questions or need any additional information.

23 March 2021
Attention: Dan Gerhard
Page 2 of 2

Reference: RID CC2— Glendale Ave. Improvements at 99" Ave. (181301012)

Sincerely,

ROOSEVELT IRRIGATION DISTRICT ~

—
\
Donovan L, Nees:

Superintendent

Attachments: Stantec Fee Proposal, RID Cost Participation Agreement

c. Files, April Victorino (Stantec}

V 118 {3iactve' 1813010 12IproL_ mngmntO_propesshCO220210323_Trans_RID_Funding_1012_co2_rev.doc

“pezyeu GB

Spedus gouo jroqoa.d se uOOs SB seTBd a aSUOdse olp AjNOU BEYS QTY ‘DWEpUBd BL-CIAGD oN Woy GunNsas sjredus eMpaYs Jo 1209
218 AIOY) BY) WAKE OY) 0, "JOSEY INE! @ Se 4N590 ABIL JOIN Edu 1803 40 oMpoyos AUB BpryaU] JOU Seap UarY sae 284 poewnsy
ebiimeeripeente

on sobp

exp 1219 Gurpuesiepun pue 3wspued BL-GIADD
{s)remwane giy J sun Je $99) esoy) 20} siqrsLodsal

OO'6Le'FS ¢ CaBINOA NOLL SES IVIOL

FL vWHS3 Oi W101
“FAVS ONREFINIONS W101

ores zs

Oo sees

uonmoyy je5o7 apy
eey vopensuuipy OY

NOMA ISIO SIZI O14

DLVVIILSI ONINAINIONA WVLOL

t i SUNGH HOBVT TWLOL " 1
| 1 i i Couspucdsase.) pur WeuedeunH Potad «|
i
i
]

feapong 24 Jp ebuBYD do Wes +

Z'ON

sze'1s 9 o

| eaRReS GI 104

| WORSeEBL
i

° Ve SIUSWUDEN CRY UEAQE}EO-4Y UOLR PU UEeS HOD 6} AID PUD yeOe7 iy UosMIeT UOMMTUIRICES «
: __ Senecio up ut siyCny WoUsesTy GunepC WNIT wOD oF KURT MONARY «

SUORPOYIPOW WewerTS

1503 104-40

097 (C101-Qr

SEQ THOT

OAC wren

quriaisty
quouaBeury

Merercy

113}0u6}530

‘

[oroy

yeu8)s9g 2012S

fedioul,

ss08cucyy 12910)

3
ZS

rh o.oy

Se} DOSey fO;USS

NOL lYOSIO MSVL

5 202,

ANZW3SV2 - Z# VACUO ADNVHD

(ZtOLocbes) ‘eay inesrerepualo - TWNVD 799 Cl
L0IVLSIO NOLLY Ide! LTSASSO0ON