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HomeMy WebLinkAboutResolution 2005-029 IGA with pima county for the construction of public sanitary sewers in the honea heights colonia MARANA RESOLUTION NO. 2005-29 RELATING TO HOUSING; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH PIMA COUNTY FOR THE CONSTRUC- TION OF PUBLIC SANITARY SEWERS IN THE HONEA HEIGHTS COLONIA. WHEREAS, the Town of Maran a and Pima County desire to enter into an intergovernmental agreement outlining the funding and construction of sanitary sewer system improvements for the Honea Heights Colonia; and WHEREAS, the Mayor and Council of the Town of Maran a 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 between the Town of Marana and Pima County, 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 of the Town of Mar ana. IT IS FURTHER RESOLVED that the Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obli- gations, and objectives of the aforementioned intergovernmental agreement. PASSED, ADOPTED, and APPROVED by the Mayor and Council of the Town of Maran a, Arizona, this 15th day of March, 2005. ~ Mayor 0 y utton, Jr. ATTEST: APPROVED AS TO FORM: ~"""""'" ~ OFM-i ~ ~. ..s. ~""""""~~~ s~~~ ~ ~ :::ElcORPORATt:'\. ~ =s ooo~- :: $ SEALi = ..... 'i ~ ~ ill"!. ~ -#s¡; ~ AI ~"I"U"\\~ ~ ~ ~/z. '\Cð"~ ~111,in\\\~ {00OO0577.DOC I} FJC:eds 317105 rnTERGOVERNMENTALAGREEMENT FOR THE FUNDrnG AND CONSTRUCTION OF SANITARY SEWER SYSTEM IMPROVEMENTS FOR THE HONEA HEIGHTS COLONIA This Intergovernmental Agreement (Agreement) entered into pursuant to A.R.S. Title II, Chapter 7, Article 3, by and between the Town of Maran a (Town); and Pima County, Arizona, a body politic and corporate, a political subdivision ofthe State of Arizona (County). RECITALS A. The United States Department of Agriculture determined that Honea Heights subdivision constitutes a colonia within the meaning of 7 USC § 1926c, allowing for application of grants through the United States Department of Agriculture, through the Rural Development Program for infrastructure improvements. B. Wastewater generated by the residents of the Honea Heights colonia is currently treated by on-site septic systems. C. The Army Corps of Engineers contracted for the design of on-site sanitary sewer system improvements to the Pima County sanitary sewer system to serve the Honea Heights subdivision, and Pima County has received a completed design for the sanitary sewer system improvements. D. Pima County applied for and has obtained a grant from the Rural Development Program for $990,000 to construct the Honea Heights colonia sanitary sewer system improvements. E. Because the Honea Heights colonia is located within the Town of Marana, the Town wishes to participate in the construction of sanitary sewer system improvements to serve the colonia. F. Estimated construction costs for the sanitary sewer system improvements exceed the amount of the Rural Development grant. G. The County is empowered by AR.S. § 11-264 to operate and maintain a public sanitary sewer system and is the designated public sanitary sewer system provider for the residents of the Town and has entered into an Intergovernmental Agreement with the Town for use ofthe Town's rights of way. H. The Town is empowered by A.R.S. § 9-240 to undertake capital improvement projects including the construction of public sanitary sewers. L The County and the Town are empowered by AR.S. §§ 11-951 through 11-954 to enter into Intergovernmental Agreements in order to jointly exercise their governmental authority. NOW THEREFORE, in furtherance of these matters, the Town and the County agree: ARTICLE I COUNTY'S RESPONSIBILITIES 1.1 The County shall appoint a member of its staff to serve as Project Manager for construction of sanitary sewer system improvements to the Honea Heights colonia, including public sanitary sewer lines, house connection sanitary sewer "stub outs" to the property line of each parcel within Honea Heights, and a six-inch replacement roadway aggregate base course (the Project). The County shall not charge the cost of the County Project Manager or any other County staff time to the Project. 1.2 The County shall contract with a qualified contractor to construct the Honea Heights sanitary sewer system improvements and pay the contractor from the $990,000 in grant funds available for the Project. 1.2.1 The County shall gather individual rights of entry from the property owners of Honea Heights to allow the contractor to construct the sanitary sewer system improvements. 1.2.1.1 The County shall require the contractor to construct stub outs from the public sanitary sewers to the property line of each parcel within Honea Heights for which the property owner executes a right of entry. If the County Project Manager becomes aware of a property owner's preference as to the location of the stub out to the parcel prior to the construction of the stub out, the County shall require the contractor to construct the stub out in that location. 1.2.1.2 For every parcel within Honea Heights for which no property owner has executed a right of entry, the County shall require the contractor to construct the stub out according to the final construction documents so that it extends from the public sanitary sewer as close as is practicable to the property line without requiring the contractor to disturb the private property. 1.2.2 The County shall require the contractor to place, to the greatest extent possible, all public sanitary sewer system improvements within the existing public rights of way. - 2- 1.2.3 Due to the arrangement of streets and residences within Honea Heights, the County anticipates that the contractor will complete the sanitary sewer system improvements in several segments. After each segment is complete, the County will require the contractor to finish subgrade elevations where removed for construction of the sanitary sewer lines and prepare the roadway for the Town's possible placement of the finish paving by placing a lime- treated aggregate base course to the Town's provided grade lines. 1.2.4 Because of the likelihood that the final paving of any roadway will not be completed immediately after the aggregate base course is applied, the County shall require the contractor to install protective collars (Detail 212) around all manholes installed under the Project. 1.2.5 The County shall require the contractor to provide protection in accord with Pima County standard construction requirements for traffic, native plant preservation, and protection of cultural resources. 1.2.6 The County shall require the contractor to record and inform the Town of the location of all stub outs. The contractor is to comply with applicable stormwater requirements. 1.2.7 The County shall require the contractor to secure the construction site after normal working hours and weekends by providing security, flashing barricades, temporary fences, or covering the trenches as the Town shall occasionally but timely direct during the Project. 1.3 The County shall allow the Town to review proposals submitted by parties interested in constructing the sanitary sewer system improvements. The County shall consult with and obtain Town approval for any Change Order or Force Account work. 1.4 In order to actively reduce the cost of the Project, the County shall provide without fee Project administration and coordination for, shop drawing review, responses to requests for information, site visits, inspection, engineer services, and geo-technical and surveying support as needed. After the County awards the contract, the County Project Manager shall issue the contractor a notice to proceed and shall send to the Town a copy of the notice to proceed. 1.4.1 County shall be responsible for finding a source, including Neighborhood Reinvestment Bonds or Grants, to pay and for paying to the County's Wastewater Management Department the difference in connection fees between the amount the Town will pay as required in subsection 2.6.2 and the connection fees assessable at the time individual residences are connected to the public sewer system. 1.5 In accord with the requirements of the Rural Development grant, the County shall pay to the contractor funds received from the Town in whole before requesting payment from Rural Development grant funds. In the event the County receives additional monetary payments from the Town as required under this Agreement, it shall use those payments to pay the contractor for its performance under the construction contract. Within five working days of the final inspection - 3 - of the sanitary sewer system improvements, the County shall reimburse to the Town any amount it paid in excess of the costs of completing the sanitary sewer system improvements. 1.5.1 The County shall forward to the Town for its records copies of all contractor invoices and contract Change Orders. ARTICLE II TOWN'S RESPONSIBILITIES 2.1 The Town shall be responsible for maintaining the aggregate base course for the roadways within Honea Heights upon its installation by the County's contractor and maintaining the roadways within Honea Heights as it maintains other roadways within its jurisdiction. 2.2 The Town shall appoint a qualified Engineer to serve as Project Manager for the Town's construction obligations under the agreement, including inspection of the finish grading. In order to actively reduce the costs of the sanitary sewer system improvements, the Town shall provide without fee Project administration and coordination for site visits and inspection for final grade. 2.3 Within fifteen working days of providing the contractor with the Notice to Proceed, the Town shall pay to the County a sum equal to the successful contractor's bid amount minus the amount of grant funds the County obtains to complete the sanitary sewer system improvements so that the County may pay the contractor for work it performs to construct the Honea Heights sanitary sewer system improvements. The Town acknowledges that the Project may cost as much as $1.5 million dollars and Pima County will not award the contract or approve any contract change orders causing the Project costs to exceed that amount. 2.4 Within fifteen working days of the County's approval of a change order, the Town shall pay to the County any amounts associated with that change order provided the change order has been approved by the Town in accordance with paragraph 1.3 above. 2.5 The Town has been investigating the septic systems used within Honea Heights, and it continues to do so. If the Town becomes aware of any Honea Heights parcel owner's preference as to the location of the portion of the private sanitary sewer lines running from individual residences to the stub outs, or otherwise determines that an HCS stub out should be placed in a location other than that reflected on the Project plans, it shall communicate that preference or determination to the contractor and the County in a timely manner in order to allow for placement of the stub out. 2.6 After completion of the Project, the Town will construct at no additional cost to the County the private sanitary sewer connecting individual residences to the stub outs for every residence located within Honea Heights as of the effective date of this agreement. Before any HCS is constructed or any discharge into an HCS occurs, the Town must obtain a sanitary sewer connection permit from the County for the residence. - 4- 2.6.1 The County received the Rural Development grant on the condition that the Project connect a minimum of 200 residences to the public sanitary sewer system. To date, 19 stub outs have been constructed along Moore Road as part of another Pima County project, and the plans for the Project reflect the construction of approximately 150 stub outs within Honea Heights. Another approximately 44 residences are located on various parcels throughout Honea Heights, and the County may require that joint maintenance agreements be executed for these residences where more than one residence connects to one stub out. 2.6.2 The Town will pay to County a total of$188,240 toward the applicable residential connection fees. ARTICLE III ACCESS TO RECORDS 3.1 The Parties shall maintain books, records, documents, and other evidence directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles and practices consistently applied. Each Party shall have access to such books, records, documents, and other evidence for inspection, audit and copying and shall provide proper facilities for such access and inspections. 3.2 Audits conducted under this Article shall be performed in accordance with generally accepted auditing standards and established procedures and guidelines of the reviewing or auditing Agency. 3.3 The Parties agree to the disclosure of all information and reports resulting from access to records, as described in this Article, to a Party's auditor, provided that the audited Party is afforded the opportunity for an audit exit conference and an opportunity to comment and submit any supporting documentation on the pertinent portions of the draft audit report and that the final audit report will include written comments of reasonable length, if any, of the audited Party. ARTICLE IV MISCELLANEOUS 4.1 Town shall not discriminate against any employee, client or any other individual in any way involved with the County and Town, because of race, age, creed, color, religion, sex, handicap or national origin in the course of carrying Town's duties pursuant to this Agreement. Town agrees to comply with the provisions of the Arizona Executive Order 75-5, as amended by Executive Order 99- 4. 4.2 Town shall comply with 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. - 5- 4.3 This Agreement shall be effective upon filing the original hereof with the Office of the Pima County Recorder and shall expire on December 31, 2009 unless earlier terminated by either party in accord with the terms of this Agreement. 4.4 Termination/Cancellation. 4.4.1 This Agreement may be terminated by either the County or the Town with written one hundred-twenty (120) day notice. This Contract is subject to cancellation for conflict of interest pursuant to ARS § 38-511, the pertinent provisions of which are incorporated into this Contract by reference. 4.4.2 Notwithstanding any other provision in this Agreement, this Agreement may be terminated if for any reason the Pima County Board of Supervisors does not appropriate sufficient monies for the purpose of maintaining this Agreement. In the event of such cancellation, Pima County shall have no further obligation to Town other than for payment for services rendered prior to cancellation. 4.5 To the fullest extent permitted by law, each party agrees to defend, indemnify, and hold harmless the other party and the other party's officers, agents, and employees from all claims, losses, and causes of actions arising out of, resulting from, or in any manner connected with this Agreement, but only to the extent such claim, loss, cause of action, damage or injury is caused or contributed to by the negligent acts or omissions of the indemnifying party. 4.6 It is not intended by this Agreement to, and nothing contained in this Agreement shall be construed to create any partnership, joint venture, or employment relationship between the parties or create any employer-employee relationship between the parties. No party hereto shall be liable for any debts, accounts, obligations, or other liabilities whatsoever of the other. 4.7 If a court, at the request of a third person, should declare that either party lacks authority to enter into this Agreement, or any part of it, then the agreement, or parts of it affected by such order, shall be null and void, and no recovery may be had by either party against the other for lack of performance or otherwise. 4.8 Each party shall comply with the notice of A.R.S. § 23- 1O22(E). For purposes of A.R.S. § 23-1022, each party shall be considered the primary employer of all personnel currently or hereafter employed by that party, irrespective of the operations or protocol in place, and said party shall have the sole responsibility for the payment of Worker's Compensation benefits or other fringe benefits of said employees. 4.9 This Agreement is intended to govern the rights and duties of the contracting parties only and is not intended to confer on any third party any rights or benefits which would not exist in the absence of this Agreement. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK - 6- 4.10 This document 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. This Agreement shall not be modified, amended, altered or extended except through a written amendment signed by the parties and recorded with the Pima County Recorder. Clerk, Board of Supervisors APPROVED. .;;.\"""""~ . ~'-\. OF ~~ ~~ "';."""rrll"Jj ~ SLO~~~l:;"RPORA7;' ~ _r-::: 000 .. - - - Wastewater Management S \ SEAL ;: ~ ~ ~ ~ AI ""IIIU"~~..~ Pursuant to A.R.S. § 11-952, the undersigned public agency attorn~l~~~ined that the Intergovernmental Agreement between Pima County and the Town of M~~fM!'lor the Funding And Construction of Sanitary Sewer System Improvements in the Honea Heights colonia is in proper form and is within the powers and authority granted under the I ws ofthe State of Arizona. COUNTY OF PIMA By: Chair, Pima County Board of Supervisors Date: ATTEST: Deputy County Attorney TOWN OF MARANA B~~a N\C1\'C~ \', ~O()5 ATTEST: Date: - 7 -