HomeMy WebLinkAboutResolution 2008-022 assignment agreement for pima county to take over the honea heights sewer projectMARANA RESOLUTION NO. 2008-22
RELATING TO UTILITIES; APPROVING AND AUTHORIZING THE MAYOR TO
EXECUTE AN INTERGOVERNMENTAL AGREEMENT AMENDMENT AND AN
ASSIGNMENT AGREEMENT WITH PIMA COUNTY TO TAKE OVER AND COMPLETE
THE HONEA HEIGHTS SEWER PROJECT; AND DECLARING AN EMERGENCY.
WHEREAS the Town of Marana and Pima County entered into a 2005 intergovernmental
agreement to facilitate the construction of the Honea Heights Sewer Project; and
WHEREAS Pima County's current contingent obligations relating to the Honea Heights
Sewer Project exceed the maximum $990,000 in Rural Development funding that Pima County
committed to the Honea Heights Sewer Project; and
WHEREAS the Honea Heights Sewer Project remains uncompleted, and
WHEREAS Pima County will not complete the Honea Heights Sewer Project unless the
Town of Marana fully indemnifies Pima County for all of its costs arising out of the project; and
WHEREAS the Town of Marana cannot complete the Honea Heights Sewer Project at
this time unless it takes over all rights, responsibilities and liabilities related to the project; and
WHEREAS the Mayor and Council find that the Town of Marana maximizes the chances
of prompt project completion and aggressive defense against contract claims if it takes over the
Honea Heights Sewer Project; and
WHEREAS the Mayor and Council find that the interests of the Town of Marana and its
citizens are best served by entering into the intergovernmental agreement and the assignment
agreement which are the subject of this resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, that the intergovernmental agreement amendment and the
assignment agreement with Pima County that are attached as Exhibit A and Exhibit B
respectively are hereby approved and the Mayor is authorized to execute them on behalf of the
Town.
IT IS FURTHER RESOLVED that since it is necessary for the preservation of the peace,
health and safety of the Town of Marana that this resolution become immediately effective, an
emergency is hereby declared to exist, and this resolution shall become effective immediately
upon its passage and adoption.
(00007839.DOC /) 1/31/2008 1:27 PM FJC
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 5 lh day of February, 2008.
Mayor Ed Honea
A-
100007839.DOC /)
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1/31/2008 1:27 PM FJC
-T
AMENDMENT TO INTEGOVERNMENTAL AGREEMENT C 0-
NUMBER 01-03-M-135898-0405 NO.
PROJECT: Funding and construction of sanitary sewer A IMA rEN 0 V f K,
system improvements for the Honea Heights Colonia This 010TIOW on all
Invoiceb and
PARTIES: Pima County, Town of Marana doGumemb Tu this
contr4l,.i
.AMENDMENTNO.1
ORIGINAL TERM: 04/05/2005 - 12/31/2009
CURRENT TERMINATION DATE: N/A
AMENDED TERMINATION DATE: N/A
ORIGINAL AMOUNT: $ 1,500,000.00
PRIOR AMENDED AMOUNT: N/A
AMOUNT THIS AMENDMENT: N/A
NEW AMENDED TOTAL: N/A
AMENDMENTNUMBER1
WHEREAS, Pima County ("County") and the Town of Marana ("Marana") agreed pursuant to Intergovernmental Agreement
Number 01-03-M-1 35898-0405 ("IGA") to jointly fund the construction of sanitary sewer system improvements for the Honea
Heights Colonia ("Project"), and
WHEREAS, County and Town wish to amend the IGA to increase the participation and responsibility of the Town of Marana
in order to facilitate project completion, and
WHEREAS, pursuant to Article 1, the parties have agreed that Marana shall assume all County responsibilities set forth in
Article I of the Agreement, and shall further accept assignment of County Contracts Nos. 136660 ("Grimm Honea Heights
Sewer Rehabilitation Contract") and 138761 ("United Fire Takeover Agreement"), including all amendments and change
orders thereof, and shall further abide by all terms and conditions of County contract No. 135899, the grant agreement with
the United States Department of Agriculture, and
WHEREAS, pursuant to Article 2.3, Marana has agreed to provide funding for all additional costs in excess of the 1.5 million
allocated to the Project, and has further agreed to indemnify, defend and hold harmless County against any and all claims
submitted by United Fire & Casualty Company or its agents, designates, contractors or any other individual or entity acting
on behalf of United Fire and Casualty in submitting such claims, and
NOW, THEREFORE, the Agreement is amended as follows:
ADD: Section 1:
"The parties agree that the Marana shall assume all County responsibilities set forth in Article 1 of the Agreement, (except
for the provisions of section 1.4.1 relating to connection fees) and shall further accept assignment of County Contracts Nos.
136660 ("Grimm Honea Heights Sewer Rehabilitation Contract") and 138761 ("United Fire Takeover Agreement"), including
all amendments and change orders thereof. The parties shall execute an assignment document that shall transfer all rights,
responsibilities and liabilities, including all amendments and change orders thereof under these contracts to the Marana,
including a transfer of all remaining Rural Development grant funding, upon approval by the United States Department of
Agriculture. Marana shall further abide by all terms and conditions of County contract No. 135899, the grant agreement with
the United States Department of Agriculture.
ADD TO: Section 2.3:
"The parties agree that the cost of the Project will exceed 1.5 million dollars, and further agree that Marana shall be solely
responsible for all Project costs in excess of 1.5 million dollars, including but not limited to the cost of all additional needed
design, construction and construction services. Marana shall further indemnify, defend and hold harmless County against
any and all claims submitted by United Fire & Casualty Company or its agents, designates, contractors or any other
individual or entity acting on behalf of United Fire and Casualty in submitting such claims. Marana further forever waives any
and all claims that it may have against County related to any claim by United Fire & Casualty or any other claim related to
(00007793.DOC / 5) 1/31/2008 11:17 AM
the'Honea Heights Sanitary Sewer Rehabilitation Project. Similarly, with the exception of the above referenced right to
indemnification by Marana, County further and forever waives any and all claims that it might have against the Marana
related to any claim by United Fire & Casualty or any other claim related to the Honea Heights Sanitary Sewer
Rehabilitation Project. This provision shall survive the termination of this agreement."
This Amendment shall be effective upon execution of the Assignment referenced in the amended Section 1 of this
Agreement. All other provisions not specifically changed by this Amendment shall remain in full force and effect.
IN WITNESS THEREOF, the parties have affixed their signatures to this Amendment on the dates written below.
PIMA CO
FEE 0 5
airman Date
Board of Supervisors
TOWN OF MARANA:
2008 ~ -~-~' Y
Mayor Date
ATTEST:
FEE 0 5 008
Clerk of the Board Date
APPRO~(V D~-USDA/RD (AGENCY)
T`~`~' `- Date: °~ zg'~ g
Lee~awd ~f~l,llas; L~ D~~e~ar
Name and Title
Date:
The foregoing Amendment to the Intergovernmental Agreement between Pima County and the Town of Marana has been
reviewed pursuant to A.R.S. § 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 Intergovernmental Agreement
represented, by the undersigned.
Deputy County Atto ey ate
{00007793.DOC / 5} Page 2 Of 2 1/31/2008 11:17 AM
PIMA COUNTY REGIONAL WASTEWATER
RECLAMATION DEPARTMENT
PROJECT: HONEA HEIGHTS SEWER REHABILITATION
PROJECT
CONTRACTOR: TOWN OF MARANA
AMOUNT: N/A
FUNDING: N/A
AMP H
ASSIGNMENT
THIS CONTRACT is entered into between Pima County, a body politic and corporate of the State of Arizona,
and the Town of Marana, an Arizona municipal corporation.
WITNESSETH
Whereas, the Town of Marana has agreed to accept assignment of Pima County Contract Nos. 136660
("Grimm Honea Heights Sewer Rehabilitation Contract") and 138761 ("United Fire Takeover Agreement"),
including all amendments and change orders thereof, and
Whereas, Pima County has agreed to permit the Assignment of Pima County Contract Nos. 136660
("Grimm Honea Heights Sewer Rehabilitation Contract") and 138761 ("United Fire Takeover Agreement"),
including all amendments and change orders thereof, to the Town of Marana, and
NOW, THEREFORE, it is agreed as follows:
Pima County Contracts Nos. 136660 ("Grimm Honea Heights Sewer Rehabilitation Contract") and 138761
("United Fire Takeover Agreement:"), including without limitation all rights, responsibilities and liabilities, and
any change orders thereof, are hereby assigned to the Town of Marana pursuant to the Intergovernmental
Agreement Number 01 -03-M-1 35898-0405 previously entered into by and between the parties.
IN WITNESS THEREOF, the parties have affixed their signatures to this Contract on the date written below.
PI
7-g CW f-,w -000:?,
It
dhair, Boara oT 8upervisors;
Date: FEB 0 5-2,om
TOWN OF MARANA
41
Author(zed'Officer Signature
?j
Printed Name and Title
APPROVED AS TO CONTENT
De 4rtmen!?Kee/d
D a t e: 2- t at - 0
(00007813.DOC / 4)
Revised 03/2007
Date: :?'? - -.5-- 0 ?-
ATTEST:
Cierk, Board of Supervie.ors
Pima County, Arizonu
1/31/2008 11:17 AM
APPROVED AS TO FORM
Deputy County Aftqfi,14Y
- --/ 6 ?11-
Date: f / "') t ,
APPROV90 AS TO FORM
vn Attorney
(00007813.DOC / 4) 2 1/31/2008 11:17 AM
Revised 03/2007