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HomeMy WebLinkAboutResolution 96-009 IGA for bridge scour and evaluationMARANA RESOLUTION NO. 96-09 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, APPROVING AND AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF MARANA AND THE STATE OF ARIZONA PROVIDING FOR THE ADMINISTRATION OF FEDERAL FUNDS RELATING TO THE BRIDGE SCOUR EVALUATION AND ANALYSIS PROJECT. WHEREAS, the town has determined that a bridge scour evaluation and analysis for certain bridges located within the town limits of Marana is needed and is in the public interest, and desires to obtain federal funding in order to assist the funding of this project; and WHEREAS, the State of Arizona is empowered by law to acquire federal funds for certain construction projects within the jurisdiction of the Town of Marana, including funds for the bridge scour evaluation and analysis; and WHEREAS, the State of Arizona and Town of Marana desire to enter into an intergovernmental agreement providing that the state will obtain and administer the necessary federal lurid'ag for the town. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the town enter into the intergovernmental agreement attached hereto as Exhibit A between the Town of Marana and the State of Arizona providing for the administration of federal funds relating to the bridge scour evaluation and analysis. BE IT FUKTHEK RESOLVED, that the Town Council hereby approves the form of the intergovernmental agreement and the Mayor is hereby authorized and directed to execute said agreement. PASSED AND ADOPTED by the Mayor and Council of the Town qfMarana, Arizona, this 16th day of Ianuary, 1996. Mayor ED HONEA ~ ~'-~3~'affdy-~0 sec 1o s e S TO FORM: Daniel J. Hoch~ Town Attorney AG Contract No. KR94 2905TRN ECS File: JPA 94-224 Project No.: BR-984(66)P TRACS No.: SB358 22D Section! Bridge Scour Evaluation and Analysis INTERGOVERVIIENT&L AGRJEEMENT BETWEEN THE STATE OF ARIZONA AND THE TOWN OF MARANA/ TUIS AGREEMENT is entered into 1 94r-, pursuant to Arizona Revised Statutes, Sections 1 f-951 through 11-954, as amended, between the STATE OF ARIZONA, acting by and through its DEPARTMENT OF TRANS PORTAT ION (the "State") and the TOWN OF MARANA acting by and through its MAYOR and TOWN COUNCIL (the "Town"). 1. The State is empowered by Arizona Revised Statutes Section 28-108 and 28-112 to enter into this agreement and has by resolution, a copy of which is attached hereto and made a part hereof, resolved to enter into this agreement and has delegated to the undersigned the authority to execute this -Agreement on behalf of the State. 2. The Town is empowered by Arizona Revised Statutes Section 48-572 to enter into this agreement and has by resolution, a copy of which is attached hereto and made a part hereof , resolved to enter into this agreement and has authorized the undersigned to execute this agreement on behalf of the Town. 3. Congress has authorized appropriations for, but not limited to, the construction of streets and primary, feeder and f arm-to-market roads; the replacement of bridges; the elimination of roadside obstacles; arid. the application of pavement markings. 4. Such project within the boundary of the Town has been selected by the Town; the field survey of the project has been completed; and the plans, estimates and specifications have been prepared and, as required, submitted to the Federal Highway Administration (FHWA) for its approval. NO. 0 _5- FILED WITH SECRETARy OF STATE Date Filed C9 t Secreta of State D.. Dy Page 2 JPA 94-224 5. The only interest of the State in the project is in the acquisition of federal funds for, the use and benefit of the Town by reason of federal law and regulations under which funds for the project are authorized to be expended. 6. The work embraced by this agreement and the estimated cost are as follows: BRIDGE SCOUR EVALUATION AND ANALYSIS. Estimated Project Cost $ 3,000.00 Federal Aid Funds @ 807. $ 2,400.00 Town Funds @ 20% $ 600.00 THEREFORE, in consideration of the mutual covenants expressed herein, it is agreed as follows: II. SCOPE OF WOR 1. The cost of the work covered by this agreement is to be borne by FHWA and the Town, each in the proportion prescribed and determined by FHWA. 2. Therefore, the Town agrees to furnish and provide Town futids to the State in an amount equal to the difference between the total cost of the work provided for in this agreement and the amount of federal aid received. 3. The Town may request the State, as authorized agent for the Town, and all at Town expense, to perform certain work and prepare certain documents required by the Federal Highway Administration to qualify certain highway, bridge and railroad grade crossing projects for and to receive Federal funds. Such work, consisting of, but not specifically limited to, the review and approval of the Town prepared environmental documents, the preparation of the analysis requirements for documentation of environmental categorical exclusion determinations; review of reports, design plans, maps, and specifications; geologic materials testing and analysis; right-of-way related activities (when specifically authorized by, for and on behalf of the Town, and at no cost to the State) and such other related tasks essential to the achievement of the objectives of this agreement. 4. Should some lariforeseet) rmid-ii-iotis or circumstances -iricrease the cost of snid wr?rl? by a cliinge J.ii 0-le e,-?tevit (?t' scoPe of Lhe wotk ca-Iled fut iti this agreement, tbe SUiLp sliall not be obtigated Lo iilriir any expenditure i-T) t1le project. Page 3 JPA 94-224 III. MISCELLANEOUS PROVISIONS 1 . The State assumes no financial obligation or liability under this agreement. It is understood and agreed that the State's participation is confined solely to securing federal aid; that any damages arising from carrying out, in any respect, the terms of this agreement or any modification thereof, shall be solely the liability of the Town and that the Town hereby agrees to save end hold harmless and indemnify from loss the State, any of its departments, agencies, officers or employees from any and all cost and/or damage incurred by any of the above end f rom any other damage to any person or property whatsoever, which is caused by any activity, condition, or event arising out of the performance or nonperformance of any provisions of this agreement by the State, any of its departments, agencies, officers and employees, the Town, any of its agents, officers and employees, or any of its independent contractors. Costs incurred by the State, any of its departments, agencies, officers or employees shall include in the event of any action, court costs, expenses of litigation and attorneys' fees. 2. The cost of the work covered by this agreement is to be borne by FHWA and the Towii, ea.ch in the proportion prescribed or as fixed and determined by F11WA as stipulated in this agreement. Therefore, the Town agrees to furnish and provide the difference between the total cost of the work provided for in this agreement and the amount of federal aid received. 3. This agreement shall become effective upon filing with the Secretary of State. 4. This agreement shall remain in force and effect until completion of the work herein embraced; provided, however, that any provisions in this agreement for maintenance shall be perpetual. 5. This agreement shall be cancelled in accordance with Arizona Revised Statutes Section 38-511. 6. The provisions of Arizona Revised Statutes Section 35-214 are applicable to tbi,s agreemetit. Page 4 JPA 94-224 7. In the event of any controversy which may arise out of this agreement, the parties hereto agree to abide by required arbitration as is set forth for public works contracts in Arizona Revised Statutes Section 12-1518. 8. All notices or demands upon any party to this agreement shall be in writing and shall be delivered in person or sent by mail addressed as follows: Department of Transportation Joint Project Administration 205 S. 17th Avenue - 616E Phoenix, AZ 85007 Town of Marana Town Manager 13251 N. Lon Adams Road Marana, AZ 85653 9. Attached hereto and incorporated herein is the written determination of each party's legal counsel that the parties are authorized under the laws of this state to enter into this agreement and that the agreement is in proper form. IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written. TOWN OF MARAIRA STATE OF ARIZONA Department of Transportation B EDDIE HONEA PETER L. ENO Mayor Contract Administrator /553/77-80 16nov JPA 94-224 RESOLUTION BE IT RESOLVED on this 14th day of November 1994, that I, the undersigned LARRY S. BONINE, as Director of the Arizona Department of Transportation, have determined that it is in the best interests of the State of Arizona that the Department of Transportation, acting by and through the Highways Division, to enter into an agreement with Marana for the purpose of defining responsibilities for conducting bridge scour analysis. Therefore, authorization is hereby granted to draft said agreement which, upon completion, shall be submitted to the Contract Administrator for approval nd execution. LARRY S.C/BONINE Director TOWN OF MARANA TEL:15 5822654 Jan 18,9r? 14:20 No.004 P.02 a MARANA RESOLUTION NO. 96-09 A RESOLLMON OF TBE MAYOR AND COUNCIL OF TBE TOWN OF MARANA, ARIZONA, APPROVING AND AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF MARANA AND THE STATE OF ARIZONA PROVIDING FOR TEE ADMIMSTRATION OF FEDERAL FUNDS RELATING TO THE BRIDGE SCOUR EVALUATION AND ANALYSIS PROJECT. WBFIZEAS, the town has determined that a bridge scour evaluation and analysis for certain bridges located within the town limits of Marana is needed and is in the public interest, and desires to obtain federal funding in order to assist the funding of this project; and VAMREAS, the State of Asizona is empowered by law to acquire federal funds for certain construction projects within the jurisdiction of the Town of Marana, including funds for the bridge scour evaluation and analysis; and WHEREAS, the State of Arizona and Town of Marana desire to enter into an intergovernmental agreement providing that the state will obtain and administer the necessary federal funding for the town. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the town enter into the intergovernmental agreement attached hereto as Exhibit A between the Town of Marana and the State of Arizona providing for the administration of federal funds relating to the bridge scour evaluation and analysis. BE IT FURTHER RESOLVED, that the Town Council hereby approves the form of the intergovernmental agreement and the Mayor is hereby authorized and directed to execute said agreement. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 16th day of January, 1996. 1 Mayor ED HONEA aanq3?W/oseciose T Clerk AkPP VED AS TO FORM: Daniel J. ?Hoc ?uli Town Attorney M--n, Ari? PxsolWan No. 9"9 Page I of I JPA 94-224 APPROVAL OF THE MARANA TOWN ATTORNE I have reviewed the above referenced proposed intergovernmental agreement, between the DEPARTMENT OF TRANSPORTATION, HIGHWAYS DIVISION and the TOWN OF MARANA and declare this agreement to be in proper form and within the powers and authority granted to the Town under the laws of the State of Arizona. DATED this day of 199? ,Af 0.1, Y GZ4?? STATE OF ARIZONA OFFICE OF THE ATTORNEY GENERAL GRANT WOODS MAIN PHONE: 542-5025 ATTORNEY GENERAL 1275 WEST WASHINGTON, PHOENIX 85007-2926 TELEOOPIER : 542-4085 INTERGOVERNMENTAL AGREEMENT DETERMINATION A. G. Contract No. KR94-2905-TRN, an agreement between public agencies, has been reviewed pursuant to A.R.S. §11-952, as amended, by the undersigned Assistant Attorney General who has determined that it is in the proper form and is within the powers and authority granted to the State of Arizona. No opinion is expressed as to the authority of the remaining parties, other than the State or its agencies, to enter into said agreement. DATED this 22nd day of January, 1996. GRANT WOODS Attorney General --c "TIZ-W - JAMES R. REDPATH V Assistant Attorney General Transportation Section JRR: Isr 9042G