2020-134_CPLUL - SIGNATURES REQUESTED.PDF
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CPLUL Rev. 20181011
CAWCD NO. 2020-134
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CAWCD # 2020-134
MC # P-50391
CENTRAL ARIZONA WATER CONSERVATION DISTRICT
CENTRAL ARIZONA PROJECT
CONSTRUCTION PERIOD LAND USE LICENSE
MARICOPA COUNTY
HELICOPTER FACILITY
MARICOPA COUNTY
The CENTRAL ARIZONA WATER CONSERVATION DISTRICT (CAWCD), a multi-county
water conservation district, created, organized, and existing under the laws of the State of
Arizona for the purposes, among others, of contracting with the United States for the care,
operation, maintenance, and management of certain transferred works of the Central Arizona
Project (CAP) from the United States of America, who holds title to such works, hereby
licenses MARICOPA COUNTY, a political subdivision of the state of Arizona, its agents and
contractors, (Licensee), the right to access property acquired for the CAP for use as a
helicopter facility to perform electrical upgrades at the Maricopa County Sheriff’s Office –
Building 3847 located at CAP headquarters. This License is subject to the terms and
conditions as set forth below:
1. The term of this License is for a construction period of one (1) year, from June 15, 2021
to June 20, 2022. This License may be renewed for an additional six (6) months,
conditional upon receipt and approval of a written request from the Licensee at least thirty
(30) days prior to the termination date. This License has been approved for an area of
approximately 3.3 acres. The License Area is described and depicted in Exhibit A,
attached and incorporated into this License. An Acceptance Letter will be issued after the
approved construction is completed and as-built drawings approved.
2. The Licensee agrees to pay all administrative costs (including, but not limited to,
inspections, document review and preparation, etc.) associated with this License that are
incurred by the United States, CAWCD, their agents, contractors, successors and
assigns. Payment is due within thirty (30) days of the date of invoice, and subject to late
payment charges as described in Article 2.a. below.
a. The Licensee shall pay a late payment fee on any charges that are received after the
due date. Late payment fee will be the late payment charge percentage rate
calculated by the United States Department of the Treasury and published quarterly
in the Federal Register; provided that the late payment fee percentage rate shall not
be less than 0.5 percent per month. The late payment fee percentage rate applied on
an overdue payment shall remain in effect until payment is received. The late payment
rate for a 30-day period shall be determined on the day immediately following the due
date and shall be applied to the overdue payment for any portion of the 30-day period
of delinquency. In the case of partial late payments, the amount received shall first be
applied to the late charge on the overdue payment and then to the overdue payment.
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b. Payment of all administrative costs (including, but not limited to, inspections,
document review and preparation, etc.) associated with this License that are incurred
by the United States, CAWCD, their agents, contractors, successors and assigns,
must be received before CAWCD will issue an acceptance letter.
c. The Licensee shall pay any federal, state or local taxes assessed on, or attributable
to, their facilities located in the License Area.
3. The Licensee agrees to deliver to CAWCD As-Built drawings of a quality meeting
accepted industry standards within ninety (90) days after completion of the Licensee’s
construction project under this CPL. The As Built drawings must be per “CAP Guidelines
for Crossings” which can be found at our web site www.cap-az.com.
4. The Licensee or Licensee's contractor shall procure and maintain d u r i n g the term
of the CPL, a permit bond to insure the timely submission of As-Built drawings in
accordance with this Article. The bond shall be for an amount not less than $10,000, and
shall name CAWCD as the Obligee.
If the As-Built drawings are not received within 90 days after the completion of the project,
CAWCD may notify the surety company and request the As-Built drawings be completed
within 30 days or have the As-Built drawings completed by a third party and seek
reimbursement by forfeiture of the bond penalty.
5. There is reserved to the United States and CAWCD, their successors and assigns, the
prior right to use any of the License Area to construct, operate, and maintain all structures
and facilities, including but not limited to, canals, waste ways, laterals, ditches, roadways,
electrical transmission lines, communication structures, substations, switch yards, power
plants, and any other facilities without any payment made by the United States or CAWCD
or their successors for such rights.
6. There is also reserved to the United States and CAWCD the right of their officers, agents,
employees, licensees and permittees, at all proper times and places, freely to have
ingress to, passage over, and egress from the License Area for the purpose of exercising,
enforcing and protecting the rights reserved herein.
7. The United States and CAWCD reserve the right to inspect all operations of the Licensee
or its agents within the License Area, under the terms of this License.
8. The Licensee shall be entitled to reasonable access to the License Area twenty-four (24)
hours a day, seven (7) days a week, and shall have ingress to, passage over and egress
from the License Area. Except in the case of an emergency, the Licensee shall notify
CAWCD at least two (2) weeks in advance of the Licensee's proposed maintenance or
repair activities to be performed in the License Area in order to coordinate all activities
with CAWCD's operations. Security of CAP property shall be maintained at all
times. CAP gates must be kept locked except during entry and exit. Entry and exit
procedures require immediately locking gates behind vehicles after proceeding through
the gates.
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9. The Licensee shall indemnify and hold harmless the United States, CAWCD, and their
officers, directors, employees, agents and assigns from any loss or damage and from any
liability on account of personal injury, property damage, or claims for personal injury or
death arising out of the Licensee’s activities under this License, including liability arising
under Article 23.e.
10. The Licensee shall procure and maintain during the term of this License and any
extensions thereof, work insurance purchased from an “A” rated or better insurer with the
following specified limits:
a. Workers Compensation insurance as required by Arizona law, and Worker's
Compensation Employer's Liability in the amount of One Million Dollars ($1,000,000).
b. Commercial General Liability insurance including contractual liability with the following
limit: Bodily Injury and Property Damage Liability Insurance with limits of One Million
Dollars ($1,000,000) per occurrence.
c. Business Automobile Liability Insurance with a limit of One Million Dollars ($1,000,000)
per occurrence.
d. Umbrella Excess Liability Insurance with a limit of One Million Dollars ($1,000,000).
The Licensee shall name the United States and CAWCD as additional insureds on the
specified insurance and provide CAWCD with a valid Certificate of Insurance or equivalent
proof of self-insurance prior to signing this License.
11. The Licensee shall assume responsibility and/or liability for any and all damages to the
CAP structures and facilities and to any other property of the United States or CAWCD,
or any property under the control or custody of the United States or CAWCD, their agents
and assigns, that may be caused by the operation and maintenance of the Licensee’s
Facilities or the Licensee’s uses under this License.
12. Any utility improvement made for the benefit of the Licensee requires that the utility
provider obtain its own License to access CAP property to install and/or repair its Facilities
in the License Area.
13. The Licensee agrees to contact the CAWCD Engineering Department:
a. At least two (2) weeks prior to beginning construction under this License to schedule
a pre-construction meeting and arrange for access to the License Area, and
b. At least two (2) weeks prior to any digging in the License Area to locate buried CAWCD
utilities.
14. The United States and CAWCD reserve the right to stop any construction work of the
Licensee within the License Area if, after inspection, the United States and CAWCD
determine:
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a. That unsafe conditions exist which may jeopardize the safety of the United States and
CAWCD, the Licensee, or the public, or
b. That proceeding with construction work is likely to physically damage structures or
property managed or controlled by CAWCD.
15. The Licensee shall review and comply with the safety regulations set forth in the current
versions of the "Reclamation Safety and Health Standards", "Central Arizona Project
Safety Resource Manual" and current OSHA safety standards. If there is a conflict within
any of these safety standards, the Licensee shall comply with the most stringent standards
while working within the License Area. A copy of the Central Arizona Project Safety
Resource Manual and a link to the Reclamation Safety and Health Standards can be
found at our web site www.cap-az.com located under “Contracting – Safety.”
16. The Licensee shall appoint a Safety Representative for any work performed pursuant to
this License. This Safety Representative shall be competent, experienced, and
knowledgeable in supervision of the safety aspects for any work performed pursuant to
this License. The Licensee shall subsequently notify CAWCD in writing if a different
Safety Representative is appointed or if there are changes in the address or phone
number of the Safety Representative.
17. The Licensee shall appoint a Construction Representative and a back-up Representative,
who will be available onsite during all construction activities to resolve construction issues
or emergency situations. The Licensee shall make the name and phone number of the
Construction Representative available to CAWCD before commencement of any
construction activities on this project. If there is a change of Construction Representative,
the Licensee will make that information available to CAWCD immediately.
18. The Licensee is responsible for determining that the engineering plans and specifications
for their construction on the License Area meet legal, engineering and construction
industry standards. The fact that CAWCD reviews the Licensee’s plans does not relieve
the Licensee of the requirements of this Article.
19. The Licensee accepts and shall follow the specific stipulations described in Exhibit B,
attached and made a part of this License.
20. The Licensee, at its expense, shall be solely responsible to resolve any issues or disputes
with interested persons, including neighborhood associations, concerning location,
zoning, compatibility with existing or planned uses of adjoining lands, aesthetics or any
other issues or disputes relating to the Licensee's use of the License Area.
21. The Licensee shall use said premises for the purposes stated herein and agrees that in
the use of said premises it shall maintain its Facilities in a good and workman like manner,
and shall insure compliance with all laws, regulations, and orders of the United States
affecting such operations, and with the laws of the State of Arizona, and with the laws and
regulations of any other applicable governmental body along with directives of CAWCD
affecting such operations.
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22. Upon termination or expiration of this License, the Licensee shall, at its sole expense,
remove its Facilities and/or equipment and restore the site to the satisfaction of CAWCD
within ninety (90) days after the termination or expiration of this License. If the Licensee
fails to comply, CAWCD will access the License Area and remove any structures,
equipment or other improvements on the site. Any fees associated with CAWCD's
removal of the Licensee's improvements and site restoration will be the responsibility of
the Licensee.
23. The Licensee shall comply with all applicable federal, state, and local laws and
regulations, and the United States Bureau of Reclamation’s policies and directives,
existing or hereafter enacted or promulgated, concerning any hazardous material that will
be used, produced, transported, stored or disposed of on or in lands, waters or facilities
owned by the United States and managed by CAWCD.
a. “Hazardous material” means any substance, pollutant or contaminant listed as
hazardous under the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, as amended, 42 U.S.C.§§ 9601, et seq., and the regulations
promulgated pursuant to that Act.
b. The Licensee shall not allow contamination of lands, waters or facilities owned by the
United States and administered or managed by CAWCD by hazardous materials,
thermal pollution, solid waste, refuse, garbage, sewage effluent, industrial waste
(including, but not limited to product containers, surface preparation abrasives and
residues, and coatings, paints and primers), petroleum products, mine tailings, mineral
salts, pesticides (including, but not limited to, the misuse of pesticides), pesticide
containers or any other pollutants.
c. The Licensee shall immediately report to CAWCD any event which may or does result
in a spill, pollution or contamination adversely affecting lands, water or facilities owned
by the United States and managed by CAWCD. If the occurrence involves water
pollution or contamination, CAWCD's Water Control Center must be contacted
immediately at (623) 869-2530; if the occurrence involves land or air pollution or
contamination, CAWCD's Environmental Department Supervisor, must be contacted
immediately at (623) 869-2353.
d. The Licensee shall appoint an Environmental Representative for any work performed
or land uses pursuant to this License. This Environmental Representative shall be
competent, experienced, and knowledgeable in supervision of the environmental
aspects, including environmental hazard aspects, for any work performed or land uses
pursuant to this License. The Licensee shall subsequently notify CAWCD in writing if
a different Environmental Representative is appointed or if there are changes in the
address or phone number of the Environmental Representative.
e. Violation of any of the provisions of this Article shall constitute grounds for immediate
termination of this License and shall make the Licensee liable for the cost of full and
complete remediation and/or restoration of any Federal facilities that are adversely
affected including lands, water or facilities owned by the United States or managed by
CAWCD.
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24. The Licensee agrees to include the provisions contained in Article 23 of this License in
any subcontract or third-party contract it may enter into pursuant to the License. CAWCD
agrees to provide information necessary for the Licensee, using reasonable diligence, to
comply with the provisions of Article 23.
25. This License is non-assignable and non-exclusive. This License is fully revocable by the
United States or CAWCD.
26. This License is subject to the provisions of Executive Order No. 11246 of
September 24, 1965, as amended, which sets forth the Equal Opportunity and Affirmative
Action clauses. A copy of this order may be obtained from the United States Bureau of
Reclamation, Lower Colorado Region, Regional Director, P.O. Box 61470, Boulder City,
Nevada 89006-1470.
27. This License shall terminate at or upon:
a. The discretion of the United States or CAWCD.
b. Expiration of the term as provided in Article 1.
c. Violation of the covenants set out herein.
d. Official abandonment of the Licensed Area by the Licensee.
e. Failure of the Licensee to use this License for the purpose granted herein, or for
nonuse of the License for any continuous six (6) month period.
f. Failure of the Licensee to notify CAWCD of any third party using or collocating on the
Licensee’s Facilities or in the License Area.
28. AII notices shall be in writing and may be given in person, by email, or by United
States mail, and shall become effective at the earliest of actual receipt by the party to
whom notice is given, delivered to the designated address of the party, or if mailed, forty-
eight (48) hours after deposit in the United States mail addressed as shown below or
to such other address as the parties may from time to time designate in writing.
If to CAWCD:
Central Arizona Water Conservation District
PO Box 43020
Phoenix, Arizona 85080-3020
Attention: Lands Department
If to the Licensee:
Maricopa County Real Estate Department
2801 W. Durango Street
Attention: Director
Phoenix, Arizona 85009
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29. Any claim, controversy or dispute arising out of this License shall be settled by arbitration
in accordance with the applicable rules of the American Arbitration Association, and
judgment upon the award rendered by the arbitrator may be entered in any court having
jurisdiction thereof. The arbitration shall be conducted in Maricopa County. There shall
be no discovery other than the exchange of information, which is provided to the arbitrator
by the parties. The arbitrator shall have the authority only to award compensatory
damages and shall not have authority to award punitive damages or other non-
compensatory damages; the parties hereby waive all rights to and claims for monetary
awards other than compensatory damages.
30. Notwithstanding Article 29, should any litigation be commenced between the parties
concerning any provisions contained in this License, or rights and duties of any person in
relation thereto, the prevailing party in any such court or proceedings shall be entitled, in
addition to such other relief as may be granted, to a reasonable sum and for its attorneys’
fees in such litigation as determined by the court.
31. If any term of this License is found to be void or invalid, such invalidity shall not affect the
remaining terms of the License, which shall continue in full force and effect.
32. By signing this License, the parties are not establishing any joint undertaking, joint venture
or partnership. Each party shall be deemed an independent contractor and shall act solely
for its own account.
33. This License shall constitute the entire agreement and understanding of the parties with
respect to the License Area that is the subject matter thereof and supersedes all offers,
negotiations and other agreements with respect thereto. There are no representations or
understanding of any kind not set forth herein. Any amendments to the License shall be
in writing and signed by both parties.
34. This License shall be interpreted, construed and governed by the laws of the State of
Arizona.
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IN WITNESS WHEREOF, CAWCD has caused this License to be signed this
__________ day of _____________________________, _________.
Licensee:
MARICOPA COUNTY, a political subdivision of the State of Arizona
By: Jack Sellers, Chairman of the Board of Supervisors
ATTEST:
Clerk of the Board
APPROVED AS TO FORM:
Deputy County Attorney
State of Arizona
)
)
County of Maricopa
)
On this ___________day of _______________________, , before me personally
appeared Jack Sellers, to me known to be the person described in and who signed the
foregoing instrument and acknowledged to me that he signed the same as his free act and
deed.
_____________________________________
Notary Public in and for the County of
Maricopa, State of Arizona
________________________
My Commission Expires
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Central Arizona Water Conservation District,
“CAWCD”
By: __________________________________
Thomas L. Fitzgerald
Its: Supervisor, Land and Survey
State of Arizona
)
)
County of Maricopa
)
On this ___________day of _______________________, , before me personally
appeared Thomas L. Fitzgerald, to me known to be the person described in and who signed
the foregoing instrument and acknowledged to me that he signed the same as his free act
and deed.
_____________________________________
Notary Public in and for the County of
Maricopa, State of Arizona
________________________
My Commission Expires
EXHIBIT A
CAWCD #2020-134
Exhibit B
Page 1 of 1
1. The Licensee shall comply with all applicable federal, state and local air quality
regulations, including the United States, Environmental Protection Agency’s Federal
Implementation Plan (FIP), as well as Maricopa County Air Pollution Control
Regulations pertaining to control of dust from construction activities and vehicular travel
on dirt roads.
2. CAWCD requires that all vehicles traveling on unpaved CAP-controlled property,
including O&M roads, shall not exceed 15 mph in Maricopa County. Speeds greater
than 15 mph will generate dust that will violate Maricopa County dust control
regulations.
3. The Licensee shall provide dust stabilization measures on any portions of CAP
operations and maintenance roads used by the Licensee under this License. The
Licensee shall conduct all activity, including maintaining compaction where
pulverization has occurred on CAP-controlled property, so as to comply with dust
control regulations.
4. Any unauthorized use of the CAP aqueduct or right-of-way is prohibited and is grounds
for immediate termination of the permission granted herein.
5. Security of the CAP right-of-way must be maintained at all times. CAP gates must be
kept closed and locked except during entry or exit. The Licensee will be allowed entry
at designated point(s) only. A copy of this license must be kept with the vehicle
entering CAP property at all times. Fencing must remain intact.