HomeMy WebLinkAbout02/06/2007 Blue Sheet Water Cost Estimate Study
TOWN COUNCIL
MEETING
INFORMATION
TOWN OF MARAN A
MEETING DATE:
February 6, 2007
AGENDA ITEM:
1.2
TO: MAYOR AND COUNCIL
FROM: Frank Cassidy, Town Attorney
Brad DeSpain, Utilities Director
SUBJECT: Resolution No. 2007-13: Relating to Water; approving and au-
thorizing the Mayor to execute an intergovernmental agreement
for Northwest Water Providers Central Arizona Project Water
System Cost Estimate Study.
DISCUSSION
This is an intergovernmental agreement among the Northwest area water providers to fund a
study totaling not more than $50,000 to determine the Central Arizona Project Water System
Cost Estimate. The Northwest area water providers include the Metropolitan Domestic Water
Improvement District, Flowing Wells Irrigation District, the Town of Marana, and the Town of
Oro Valley. The Town of Marana's proportionate commitment of funding is 23.33 percent, so
the maximum Town of Marana funding commitment under this intergovernmental agreement is
$11,665. The Study will be conducted by Carollo Engineers, who will provide a cost analysis
for providing a northwest Central Arizona Project water system. The scope of work for the
Study is attached as Exhibit B to the intergovernmental agreement. The Metropolitan Domestic
Water Improvement District will be the project manager for the Study.
RECOMMENDATION
Staff recommends adoption of Resolution No. 2007-13, approving and authorizing the Mayor to
execute the intergovernmental agreement among the Northwest area water providers for the Cen-
tral Arizona Project Water System Cost Estimate Study.
A TT ACHMENT(S)
Intergovernmental agreement between Metropolitan Domestic Water Improvement District,
Flowing Wells Irrigation District, the Town of Marana and the Town of Oro Valley for the
Northwest Water Providers Central Arizona Project Water System Cost Estimate Study.
SUGGESTED MOTION
I move to adopt Resolution No. 2007-13.
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MARANA RESOLUTION NO. 2007-13
RELATING TO WATER; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN
INTERGOVERNMENTAL AGREEMENT FOR NORTHWEST WATER PROVIDERS CEN-
TRAL ARIZONA PROJECT WATER SYSTEM COST ESTIMATE STUDY.
WHEREAS the Town of Maran a, Metropolitan Domestic Water Improvement District, Flow-
ing Wells Irrigation District, and the Town ofOro Valley desire to participate in a Central Arizona
Project Water System Cost Estimate Study; and
WHEREAS the Mayor and Council of the Town of Marana feel it is in the best interests of
the public to enter into this intergovernmental agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, that the intergovernmental agreement among the Town of Maran a, the Met-
ropolitan Domestic Water Improvement District, Flowing Wells Irrigation District, and the Town of
Oro Valley attached to and incorporated by this reference in this resolution as Exhibit A is hereby
approved, and the Mayor is hereby authorized to execute it for and on behalf ofthe Town of Mar ana .
IT IS FURTHER RESOLVED that the Town's Manager and staff are hereby directed and au-
thorized to undertake all other and further tasks required or beneficial to carry out the terms, obliga-
tions, and objectives of the intergovernmental agreement.
PASSED and ADOPTED by the Mayor and Council ofthe Town of Marana, Arizona, this
6th day of February, 2007.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
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INTERGOVERNMENT AL AGREEMENT
BETWEEN
METROPOLITAN DOMESTIC WATER IMPROVEMENT DISTRICT,
FLOWING WELLS IRRIGATION DISTRICT, THE TOWN OF MARANA AND
THE TOWN OF ORO VALLEY
FOR NORTHWEST WATER PROVIDERS CENTRAL ARIZONA
PROJECT WATER SYSTEM COST ESTIMATE STUDY
This Intergovernmental Agreement (hereinafter "the Agreement") is entered into by and
between the Metropolitan Domestic Water Improvement District ("Metro"), Flowing
Wells Irrigation District ("FWID"), the Town of Marana, a municipal corporation located
in Pima County, Arizona ("Marana") and the Town of Oro Valley, a municipal
corporation located in Pima County, Arizona ("Oro Valley"), herein collectively referred
to as the "NW Water Providers".
RECITALS
WHEREAS, pursuant to Arizona Revised Statutes (A.R.S.) S 11-952, Metro, FWID,
Marana and Oro Valley are authorized to enter into or renew agreements for joint and
cooperative action with other public agencies; and
WHEREAS, pursuant to A.R.S. SS 48-909A(6), 48-1014 and 48-4462, et seq., Metro has
the requisite statutory authority to acquire, own and maintain a water utility for the
benefit of the landowners within and without their corporate boundaries; and
WHEREAS, pursuant to A.R.S. S 48-2978, FWID has the requisite statutory authority to
acquire, own and maintain a water utility for the benefit of the landowners within its
corporate boundaries; and
WHEREAS, pursuant to A.R.S. S 9-511, et seq., Marana and Oro Valley have the
requisite statutory authority to acquire, own and maintain a water utility for the benefit of
the landowners within and without their corporate boundaries; and
WHEREAS, the NW Water Providers entered into an Memorandum of Understanding in
June 2006 to cooperate in planning for the development of renewable water systems,
attached hereto as Exhibit "A"; and
WHEREAS, the NW Water Providers desire to enter into an Intergovernmental
Agreement to cooperate and participate in a NW Water Providers Central Arizona Project
Water System Cost Estimate Study; and
NOW THEREFORE, in consideration of the mutual covenants and conditions
contained in this Agreement, and other good and valuable consideration, the NW Water
Providers agree as follows:
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AGREEMENT
1. Project. The Project consists of a Study to be conducted by Carollo Engineers
("Carollo") who shall provide a cost analysis for providing a Northwest Central Arizona
Project Water System. The Scope of Work for the Study is attached hereto as Exhibit
"B" .
2. Effective Date: Term. This Agreement shall become effective upon the Parties
signing the Agreement and this Agreement shall continue to be in effect until the Project
is complete.
3. Costs. The cost of the Study is not to exceed Fifty Thousand Dollars
($50.000.00) and shall be split among the NW Water Providers. The cost split shall be as
follows:
a.
b.
Metro
FWID
Marana
Oro Valley
33.33%
10.0%
23.33%
33.33%
c.
d.
District shall pay Carollo for services and all reimbursable materials rendered.
This not to exceed amount of Fifty Thousand Dollars ($50,000.00) includes labor costs,
overhead, fringe benefits, profit, other direct expenses and sub-consultant fees.
Metro shall submit monthly invoices to FWID, Marana and Oro Valley for
Carollo hours worked and any expenses related to work for the previous month, including
all supporting data.
Metro is subject to pay under its contract with Carollo a late fee of 1.5 percent per
month or the maximum allowed by law, if less, on all amounts remaining unpaid starting
the 31 st date following the invoice date. FWID, Marana and Oro Valley shall not. be
responsible for and/or pay any late fees.
4. Tasks Assie:ned to Carollo
Carollo agrees to complete the Scope of Work, attached hereto as Exhibit "B".
The following are Tasks for which Carollo shall complete within the time frame agreed.
to:
Task 1 - Develop Project Management Plan and Data Collection
Task 2 - Conduct Workshop #1 and Review Baseline Parameters
Task 3 - Develop/Update Conceptual Treatment Process Alternatives and
Conceptual Cost Estimates
Task 4 - Develop Delivery System and alternatives and Cost Estimates
Task 5 - Draft Report, Workshop #2 and Final Report
Task 6 - Project Management
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5. Responsibilities of Metro
a. Metro shall be the Project Manager for the Study which includes
contracting with Carollo and handling all contractual and administrative
functions for the contract.
b. Metro shall pay 33.3% of the cost of the Study.
c. Metro shall pay all upfront costs for the Study and shall invoice FWID,
Marana and Oro Valley for their share of the costs on a monthly basis.
6. Responsibilities of FWID. Marana and the Oro Vallev
a. FWID shall pay 10% of the cost of the Study.
b. Marana shall pay 23.33% of the cost of the Study.
c. Oro Valley shall pay 33.33% of the cost of the Study.
d. Each NW Water Provider's share for the Study is due thirty (30) days
upon receipt of each monthly invoice.
e. In the event FWID, Marana and/or Oro Valley have questions regarding
any element of an invoice, they shall notify Metro in writing within fifteen
(15) days from receipt of Carollo's invoice from Metro. Metro shall effect
a resolution and transmit a revised invoice to FWID, Marana and/or Oro
Valley. Any amounts not in question shall be paid by FWID, Marana
and/or Oro Valley in accordance with the procedure in this Section.
FWID, Marana and/or Oro Valley shall pay the approved revised invoice
within thirty (30) days of the revised invoice date.
7. Termination. Any party may terminate this Agreement for material breach of the
Agreement by any other party. Prior to any termination under this paragraph, the party
allegedly in default shall be given written notice by the other parties of the nature of the
alleged default. The party said to be in default shall have forty-five days to cure the
default. If the default is not cured within that time, the other parties may terminate this
Agreement. Any such termination shall not relieve any party from liabilities or costs
already incurred or obligated under this Agreement.
8. Non-assie:nment. No Party to this Agreement shall assign its rights under this
Agreement to any other party.
9. Entire Ae:reement. This instrument constitutes the entire Agreement between
the Parties pertaining to the subject matter hereof, and all prior or contemporaneous
agreements and understandings, oral or written, are hereby superseded and merged
herein.
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10. Amendment. This Agreement may be modified, amended, altered or changed
only by written agreement signed by all Parties.
11. Construction and interpretation. All provisions of this Agreement shall be
construed to be consistent with the intention of the Parties as expressed in the recitals
hereof.
12. Captions and headine:s. The headings used in this Agreement are for
convenience only and are not intended to affect the meaning of any provision of this
Agreement.
13. Severability. In the event that any provision of this Agreement or the application
thereof is declared invalid or void by statute or judicial decision, such action shall have
no effect on other provisions and their application, which can be given effect without the
invalid or void provision or application, and to this extent the provisions of the
Agreement are severable. In the event that any provision of this Agreement is declared
invalid or void, the Parties agree to meet promptly upon request of any Party to the
Agreement in an attempt to reach an agreement on a substitute provision.
14. Conflict of Interest. This Agreement is subject to the provisions of A.R.S. 38-
511.
15. Jurisdiction. Nothing in this Agreement shall be construed as limiting or
extending legal jurisdiction of any Party. Nothing in this Agreement is intended to confer
any right or remedies to any person or entity not a party to this Agreement.
16. No Third Party Beneficiaries. Nothing in the provisions of this Agreement is
intended to create duties or obligations to or rights in third parties not parties to this
Agreement or effect the legal liability of either party to the Agreement by imposing any
standard of care different from the standard of care imposed by law.
17. Compliance with Laws. The Parties shall comply with all applicable federal,
state and local laws, rules, regulations, standards and executive orders, without limitation
to those designated within this Agreement.
18. Governine: Law. This Agreement shall be governed by Arizona law and venue
shall be proper in Pima County, Arizona.
19. Anti-Discrimination. The provisions of A.R.S. ~ 41-1463 and Executive Order
Number 99-4 issued by the Governor of the State of Arizona are incorporated by this
reference as a part of this Agreement.
20. Americans with Disabilities Act. This Agreement is subject to all applicable
provisions of the Americans with Disabilities Act (Public Law 101-336,42 D.S.C. 12101-
12213) and all applicable federal regulations under the Act, including 28 CFR Parts 35
and 36.
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21. Waiver. Waiver by any party of any breach of any term, covenant or condition
herein contained shall not be deemed a waiver of any other term, covenant or condition,
or any subsequent breach of the same or any other term, covenant, or condition herein
contained.
22. Force Maieure. A Party shall not be in default under this Agreement if it does
not fulfill any of its obligations under this Agreement because it is prevented or delayed
in doing so by reason of uncontrollable forces. The term "uncontrollable forces" shall
mean, for the purposes of his Agreement, any cause beyond the control of the party
affected, including but not limited to failure of facilities, breakage or accident to
machinery or transmission facilities, weather conditions, flood, earthquake, lightning,
fire, epidemic, war, riot, civil disturbance, sabotage, strike, lockout, labor dispute,
boycott, material or energy shortage, casualty loss, acts' of God, or action or non-action
by governmental bodies in approving or failing to act upon applications for approvals or
permits which are not due to the negligence or willful action of the parties, order of
declared local, state or national emergency, which, by exercise of the due diligence and
foresight, such party could not reasonably have been expected to avoid. Either party
rendered unable to fulfill any obligations by reason of uncontrollable forces shall exercise
due diligence to remove such inability with all reasonable dispatch.
23. Notification. All notices or demands upon any Party to this Agreement shall be
in writing, unless other forms are designated elsewhere, and shall be delivered in person
or sent by mail addressed as follows:
METROPOLITAN DOMESTIC
WATER IMPROVEMENT DISTRICT
Dan M. Offret, Chair
6265 N. La Canada Drive
Tucson, Arizona 85704
cc:
Attorney for the District
Lewis & Roca
One S. Church Ave., #700
Tucson, Arizona 85701
FLOWING WELLS IRRIGATION DISTRICT
Manuel C. Valenzuela, President
3901 N. Fairview
Tucson, Arizona 85705
cc:
Attorney for the District
2525 E. Broadway, #200
Tucson, Arizona 85716
TOWN OF MARANA
Ed Honea, Mayor
11555 W. Civic Center Drive
Marana, Arizona 85653
cc:
Town Attorney
11555 W. Civic Center Drive
Marana, Arizona 85653
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TOWN OF ORO VALLEY
Philip Saletta
Water Utility Director
11000 N. La Canada Drive
Oro Valley, Arizona 85737
cc:
Town Attorney
11000 N. La Canada Drive
Oro Valley, Arizona 85737
25. Remedies. Any Party may pursue any remedies provided by law for the
breach of this Agreement. No right or remedy is intended to be exclusive of any other
right or remedy and each shall be cumulative and in addition to any other right or remedy
existing at law or in equity or by virtue of this Agreement.
IN WITNESS WHEREOF, Town of Oro Valley and Town of Marana have
caused this Agreement to be executed by their Mayor and Council, upon resolution of
their Mayor and Council and attested to by the Clerk of the Town; Metro has caused this
Agreement to be executed by it's Chair; and Flowing Wells Irrigation District has caused
this Agreement to be executed by the President of the Board of Directors.
METROPOLITAN DOMESTIC WATER
IMPROVEMENT DISTRICT
Dan M. Offret, Chair
Date
ATTEST:
Date:
Warren Tenney, Clerk of the Board
FLOWING WELLS IRRIGATION DISTRICT
Date:
Manuel C. Valenzuela, President
Board of Directors
ATTEST:
Date:
Cheryl Roberts, Clerk of the Board
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TOWN OF MARANA
Ed Honea, Mayor
ATTEST:
Town Clerk
TOWN OF ORO VALLEY
Paul H. Loomis, Mayor
ATTEST:
Kathryn E. Cuvelier, Town Clerk
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Date
Date:
Date
Date
ATTORNEY CERTIFICATION
The foregoing Agreement by and between the Metropolitan Domestic Water
Improvement District, Flowing Wells Irrigation District, the Town of Marana and the
Town of Oro Valley has been reviewed pursuant to A.R.S. Section 11-952 by the
undersigned who have determined that it is in proper form and is within the powers and
authority granted under the laws of the State of Arizona to those parties to the
Agreement.
METROPOLITAN DOMESTIC WATER
IMPROVEMENT DISTRICT
Keri Silvyn, Attorney for the District
Date
FLOWING WELLS
IRRIGATION DISTRICT
Spencer Smith, FWID Attorney
Date
TOWN OF MARANA
//zJftl
Dattl I
Melinda Garrahan, Town Attorney
Date
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EXHIBIT "B"
SCOPE OF WORK
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