Exhibit A - Intergovernmental Agreement
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1 INTERGOVERNMENTAL AGREEMENT This Intergovernmental Agreement (“Agreement”) is entered into by and between ROOSEVELT WATER CONSERVATION DISTRICT (“RWCD”), an Arizona irrigation and water conservation district, and the CITY OF CHANDLER, an Arizona municipality (“City”) (RWCD and City may be referred to in this Agreement individually as a “Party” and collectively as the “Parties”). ARTICLE I. PURPOSE The Cooper Road/Insight Loop Extension improvements include a full-width roadway segment connecting Cooper Road (north of Queen Creek Road) to the Insight Way & Emmett Drive intersection, as well as half-street improvements on Emmett Drive south to Queen Creek Road. The roads will be improved to a collector street standard, including asphalt pavement, curb, gutter, sidewalk, streetlights, landscaping, and utility relocations. Utility relocation/undergrounding consists of 12.5 kV lines along Cooper Road and irrigation structures on both Cooper Road and Emmett Drive. Right-of-way and easement acquisitions will be required for the loop connection and east side of Emmett Drive. This project will also include a new southern entrance to the Chandler Airport for access to future development/hangars. There are several existing RWCD irrigation facilities, including open concrete- lined ditches, along Emmett Drive, within the project limits. Utility adjustments and relocations of RWCD and private irrigation facilities are required. New RWCD easements will be required. City agrees to provide reimbursement to RWCD for the engineering and administrative costs for design of the relocated irrigation delivery system facilities, based on the EPS Group, Inc. (“EPS Group”) service proposal dated May 7, 2024, a copy of which is attached hereto as Exhibit A (“EPS Group Proposal”) and incorporated herein, and to undertake and complete construction of relocated facilities in conformance with such plans. ARTICLE II. ROLES AND RESPONSIBLITIES Both parties do mutually understand and agree as follows: City will: A. Provide to RWCD reimbursement for the actual costs for engineering services for the design of the relocated irrigation system facilities. (1) For purposes of this agreement the Parties estimate that the total engineering services costs may be approximately $48,973, which estimated sum is based on the EPS Group Proposal. (2) City shall provide to RWCD in advance of commencement of any work contemplated by this Agreement the total amount of the EPS Group Proposal. In the event that actual costs for EPS’s engineering services are less than the estimated amount, RWCD will return to City any remaining balance of the advance payment. B. Pay to RWCD the sum of $9,250 for RWCD administrative services related to the design and construction of the relocation project. City shall provide to RWCD in advance of 2 commencement of any work contemplated by this Agreement the total administrative services fee. C. Provide RWCD or EPS Group with information from any pothole activities for the project. D. Provide RWCD or EPS Group with roadway electronic base files in ACAD 2013 format or other suitable format. E. Provide to or obtain for RWCD easement rights to support the relocated irrigation system facilities in a form of easement prepared and provided by RWCD and approved by City. The easement area will include an area for existing irrigation facilities located within the Emmett Drive right-of-way. City will provide reimbursement for the costs of preparation of legal descriptions and diagrams for the easements, which are to be prepared by EPS Group. F. Undertake and complete construction of the RWCD relocated irrigation system facilities in conformance with completed design plans. G. City will not start construction activity until receiving from RWCD a permit to proceed. H. City acknowledges that the ability to reconstruct RWCD’s facilities may be limited by RWCD’s operational requirements, including system dry up periods. I. City agrees that following construction completion RWCD will be permitted to (i) undertake and complete a preliminary inspection of the completed construction, with such review to follow RWCD’s receipt of as-built plans, (ii) provide punch list items that City’s contractors will complete, (iii) undertake and complete a final inspection of the construction, (iv) and accept the construction. City will provide the improvements contemplated by this Agreement free and clear of lien or encumbrance. RWCD will: A. Engage EPS Group to prepare design plans for the relocated irrigation system facilities consistent with the EPS Group Proposal and related legal description and diagram documents and provide other related engineering services. B. Endeavor to obtain completed relocation design plans from EPS Group within six (6) months following RWCD receipt of City’s advance payment for engineering services costs specified in Article II, Section A, above. C. Provide City with copies of the EPS Group’s relocation design plans. D. Provide City with copies of easements for relocated RWCD facilities. E. Provide City with a final set of plans including all as-built survey information. 3 F. Indemnify and hold harmless City from liability resulting from or arising out of EPS Group’s performance contemplated by this Agreement, unless such claim arises from City’s negligence or willful action. ARTICLE III. ADMINISTRATION A. This Agreement shall be governed and interpreted according to the laws of the State of Arizona. B. Pursuant to A.R.S. Section 38-511, City may cancel this Agreement within three (3) years after its execution, without penalty or further obligation by City, if any person significantly involved in initiating, negotiating, securing, drafting, or creating the Agreement on behalf of City is, at any time while the Agreement is in effect, an employee in any capacity of or a consultant to RWCD with respect to the subject matter of the Agreement. C. Neither Party shall be deemed to be the employee or agent of the other Party and City shall have no direction or control over the performance of RWCD’s employees. D. For purposes of the design work, City and RWCD shall not be deemed to be joint partners or engaging in any type of joint venture. E. RWCD acknowledges that City owes no duty, responsibility or obligation to RWCD’s contractor, EPS Group, except as set forth herein. F. Except as otherwise agreed by the Parties, the prevailing Party in any dispute relating to this Agreement is entitled to an award of reasonable attorney’s fees, expert witness fees and costs. ARTICLE IV. LIST OF CONTACTS For City: Daniel Haskins, PE – Capital Projects Manager Public Works & Utilities – Capital Projects City of Chandler P.O. Box 4008, MS 407 215 E. Buffalo Street, Suite 101 Chandler, AZ 85244 (480) 782-3335 (602)851-7078 ATTORNEY CERTIFICATION The undersigned attorney for the City of Chandler certifies that this Intergovernmental Agreement is in proper form and within the power and authority granted to the City of Chandler under the laws of the State of Arizona. ___________________________________ Date:__________________________________ Kelly Y. Schwab Chandler City Attorney EXHIBIT A EPS Group Proposal 1130 N. Alma School Road, Suite 120, Mesa, AZ 85201 | T: 480.503.2250 | F: 480.503.2258 | epsgroupinc.com May 7, 2024 Roosevelt Water Conservation District Attn: Ms. Tabatha Langland 6937 E. Elliot Road Mesa, AZ 85212 Re: Proposal for Engineering and Surveying Services RWCD Lateral 15 – COC Emmett Drive Irrigation Relocation Dear Ms. Langland, EPS Group Inc. (EPS) (the “Consultant”) presents the following scope of work and fee proposal to provide Engineering and Surveying Services for the RWCD Lateral 15 -COC Emmett Drive Irrigation Relocation (the “Project”). This project is located within the City of Chandler. Project Description and Limits The Project is located in the City of Chandler. The City has a roadway improvement project at Queen Creek Road and Cooper Road that will extend to Emmett Drive and Queen Creek Road. RWCD has existing irrigation facilities at Queen Creek Road and Emmett Drive that run east to west across Emmett Drive then turn north along the west side of Emmett Drive for approximately ½ mile. It is anticipated that the RWCD facilities will be relocated as part of the roadway improvement work and will be coordinated with the City of Chandler proposed roadway improvements. 1. Irrigation Relocation Design Fixed Fee $25,620 EPS Group will design the relocation of the RWCD Lateral 15 from the north west corner of Queen Creek Road and Emmett Drive north for approximately 1250’. There is an existing RWCD delivery structure at the northwest corner of Queen Creek and Emmett that will remain. There is an existing RWCD delivery structure on the west side of Emmett approximately ¼ mile north of Queen Creek Road that will be included in this design and relocated west of the proposed roadway improvements. Connecting pipes and headwalls will be designed at the new delivery structure to the ditch to the west and the ditch to the north. Design of the ditch north of the RWCD delivery structure on the west side of Emmett is not included in this design proposal, that relocation will be treated as private and will be designed by others. This scope does not include any utility relocation design for other utilities that may be in conflict with the RWCD pipe relocation. Any utilities that are in conflict with the RWCD facility relocation shall be designed by others. Potholing of existing utilities is critical to the design and construction of the RWCD Facility relocations. Utility potholing is not included in this scope. It is anticipated that the City of Chandler will obtain any necessary potholes on existing utilities that cross the RWCD facilities. In the event that additional potholes are needed, it may be added to this scope of work via a scope amendment. See Figure 1 – Vicinity Map below for the approximate limits of the lateral relocation design as part of this project. An electronic file(s), in ACAD 2022 format, shall be provided to EPS Group showing the proposed Cooper Road and Emmett Road improvements including the roadway improvements (existing and proposed), easements (existing and proposed) existing and proposed utilities and base map topography along the project limits for use in preparing the RWCD Lateral 15 – COC Emmett Drive design. 1130 N. Alma School Road, Suite 120, Mesa, AZ 85201 | T: 480.503.2250 | F: 480.503.2258 | epsgroupinc.com The relocated RWCD facility shall be sized to carry the design flow as provided by RWCD and minimum pipe size as set by RWCD. Hydraulic calculations are included in the irrigation design. Design flow for the lateral and delivery flow rates shall be provided by RWCD. An engineer’s cost estimate for the RWCD facility relocation work will be prepared and is included in this task item. RWCD design plans will be submitted to the City of Chandler roadway designer for coordination review and to be included in the City roadway improvement plans that will be submitted to agencies for review and permitting and to utility companies for conflict review. Any fees for these reviews are not included in this proposal and shall be paid for by others. Figure 1 – Vicinity Map 2. Topographical Survey Fixed Fee $3,454 EPS Group will prepare topographic base mapping for the area described below. Topographic data provided will consist of an AutoCAD drawing with digital surface model (DSM) showing the location of substantial features observed in the process of conducting the fieldwork. The topographical survey shall include the following shots: 1. Detail the delivery structure at the north west corner of Queen Creek Road and Emmett Drive including rim, floor, pipe inverts and sizes, board seats and natural ground around the structure. RWCD Lateral 15 ~1250’ Existing Delivery Structure to be relocated Existing Delivery Structure to remain Emmett Drive 1130 N. Alma School Road, Suite 120, Mesa, AZ 85201 | T: 480.503.2250 | F: 480.503.2258 | epsgroupinc.com 2. Detail the existing headwall at the north west corner of Queen Creek Road and Emmett Drive including rim, floor, pipe invert and size, lip of headwall at the ditch and two cross sections on the ditch at 5’ and 15’ feet downstream of the headwall. 3. Detail the delivery structure at the west side of Emmett Drive approximately ¼ mile north of Queen Creek Road including rim, floor, pipe inverts and sizes, board seats and natural ground around the structure. 4. Obtain three cross sections on the existing concrete lined ditch west of Emmett Drive approximately ¼ mile north of Queen Creek Road. Cross section should start at 40’ west of Emmett Drive and extend to 80’ west of Emmett Drive. 5. Obtain two cross sections on the existing ditch on the west side of Emmett Drive north of the existing RWCD delivery structure located approximately ¼ mile north of Queen Creek Road. Sections to be taken at 10’ north of the RWCD delivery structure and 40’ north of the delivery structure. 6. Obtain natural ground shots at 100’ intervals from the existing delivery structure at the northwest corner of Queen Creek Road north approximately 1300’ at 100’ intervals and extend 50’ north of the existing concrete lined ditch along the proposed pipe alignment. The additional topo to be obtained by EPS Group will utilize the same benchmark and coordinate system used for the City of Chandler Cooper Road project. The mapping base file prepared by the COC roadway designer shall be provided to RWCD and EPS Group in an electronic ACAD Release 2022 format, for use in preparing the RWCD facility relocations. The finished product will be a cleaned up electronic file in ACAD 2022 format, including line work, spot elevations at 20 scale and symbols for features identified. No formal topographic survey drawing will be prepared. 3. Project Management and Coordination Fixed Fee $16,050 This task includes review of the construction documents for the City of Chandler Cooper Road (and Emmett Drive) project for compliance with RWCD standards for permitting (up to 3 reviews) and coordination with the roadway design team. This task includes attendance at project status meetings (includes 3 meetings) and coordination with the roadway design team for processing the RWCD reviews. This task also includes preparing specifications to provide to the COC roadway design to include in the roadway project specifications. This task also includes responding to questions during construction, responding to RFI’s and product submittals. This task also includes posting as-builts to the RWCD GIS Map. 4. Legal Description and Exhibit Fixed Fee $1,700 Legal descriptions for new or replacement irrigation easements over the relocated RWCD lateral will be prepared by EPS Group and are included with this proposal. It is anticipated that a separate legal description and exhibit will be prepared for each RWCD easement. This proposal includes preparation of up to two (2) easement legal description and exhibits. This proposal does not include preparation of easement grant documents nor does it include actual acquisition of easements; it is assumed that these tasks will be completed by others. In the event that additional legal descriptions are required, they will be added via scope amendment at the rate of $850 per each. 5. RWCD Facility As-builts Fixed Fee $2,149 Upon completion of construction of the RWCD facilities for this project, EPS will provide an as-built survey to verify manhole location, rim and inverts as constructed with this project. The as-built location and elevations will be transferred to a clean copy of the project plans and will be sealed by a land surveyor registered in the state of Arizona. An electronic (.pdf) copy of the as-builts will be provided to the to RWCD. Total Amount of the Proposal: $48,973 The following items are not included in this proposal: Equipment Testing, Equipment Suppliers Inspection Fees, Compaction and Density Testing, Water Quality Testing, Pavement Testing, Geotechnical Reports, Traffic Studies, Traffic Control Plans, Traffic Control, Title Reports, Landscape Plans, Street Lighting Plans, Noise Study, Environmental/ 1130 N. Alma School Road, Suite 120, Mesa, AZ 85201 | T: 480.503.2250 | F: 480.503.2258 | epsgroupinc.com Biological/Archeological Studies, or Obtaining an Assured Water Supply. Any reports, calculations or fees not specifically included in task items listed in the scope of work are excluded from the proposal. The client shall pay all inspection fees, review fees, processing fees, development fees, impact fees, recordation fees and other fees that may be required by the municipalities and other agencies required for the completion of this work Your signature of acceptance of this proposal and our attached Standard Terms and Conditions shall serve as our notice to proceed. Our company is dedicated to providing quality service and communication. If you should have any questions concerning this proposal, please do not hesitate to call. Thank you for the opportunity to submit this proposal. Sincerely, Bruce Hallsted, P.E. EPS Group Accepted by:___________________________________Date:_____________ For:________________________________Title:_______________________ RWCD Lateral 15 – COC Emmett Drive Irrigation Relocation Job No.: 24-0010.06 Labor Classification $210.00 $185.00 $145.00 $130.00 $120.00 $65.00 $195.00 $210.00 $212.00 $135.00 DESCRIPTION Senior Project Manager Senior Project Engineer Staff Project Engineer Design Engineer CAD Technician Administrative Assistant Survey 1-man Survey 2-man Survey Project Manager Project Surveyor Task Fee Irrigation Design Preliminary Exhibit 1 4 4 $1,270.00 Plan Preperation (1 Cover Sheet, 1 notes sheet, 1 Index Sheet, 3 detail sheets, 1 Delivery Structure Sheet , 3 P&P sheets) includes preperation of hydraulic calculations 10 28 37 50 $16,970.00 Property Right Exhibit 1 4 4 $1,270.00 Revisions For 2nd Submittal 1 5 10 $2,135.00 Final Revisions 1 4 8 $1,750.00 Prepare Hydraulic Calculations 1 6 $1,080.00 Preparation of Engineer's Cost Estimate 2 5 $1,145.00 Project Management & Coord Project Oversight 10 $2,100.00 Review of Roadway Plans for RWCD - 1st Submittal 2 6 $1,290.00 Roadway Plan Review - 2nd Submittal 2 4 $1,000.00 Roadway Plan Review - 3rd Review 1 3 $645.00 Project Meetings (Assume 5 Meetings) 5 5 $1,775.00 Miscellaneous Coord with Roadway Designer 5 10 $2,500.00 Review RFI's and respond to questions during construction 5 12 $2,790.00 Specifications 6 15 $3,435.00 Add As-builts and legals to RWCD GIS Map 1 1 2 $515.00 Topo Survey 8 2 10 $3,454.00 Legal Descriptions 2 9.45185 $1,700.00 As-Builts Field Survey 5 2 5 $2,149.00 TOTAL HOURS 53 0 112 38 78 0 0 13 6 24.45185 324.45185 TOTAL COST $11,130.00 $0.00 $16,240.00 $4,940.00 $9,360.00 $0.00 $0.00 $2,730.00 $1,272.00 $3,301.00 $48,973.00 REIMBURSABLES & SUB-CONSULTANTS Printing and Deliveries $0 TOTAL REIMBURSABLES $0 GRAND TOTAL $48,973.00 TASKS Date: 5/07/2024 RWCD Lateral 15 - COC Emmett Drive Irrigation Relocation DESIGN SERVICES Consultant's Fee Worksheet