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HomeMy WebLinkAboutResolution 98-030 IGA with pima county for design and construction of thornydale from orange grove to inaMARANA RESOLUTION NO. 98-30 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 PIMA COUNTY FOR THE ,KDM1NISTKATION OF FUNDS AND CONSTRUCTION MANAGEMENT. WHEREAS, the Town of Marana has determined that it is in the public interest to participate with Pima County in roadway construction and improvements wherever needed within the Town; and WHEREAS, the Town has been working with the Pima County Board of Supervisors to implement a design and construction plan to include Pima County services for inspection, testing, surveying, certification, contract administration and quality assurance support services for that area of Thornydale Road between Horizon Hills Road to Marana town limits north of Ina Road; and WHEREAS, the Town and County both receive separate sources of funding for roadway improvements within their respective limits, and the intergovernmental agreement between the Town and Pima County provides a mechanism for equitable distribution of payment for the design and construction of the subject area, and also for costs related to necessary right-of-way and easement permits; and WHEREAS, the Town of Marana and Pima County are authorized to enter into this Intergovernmental Agreement pursuant to A.R.S. § 11-952. 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 between the Town of Marana and Pima County for the provision of Pima County services for the inspection, testing, surveying, certification, contract administration, and quality assurance support for the design and construction of Thornydale Road from Horizon Hills to Marana town limits north of Ina Road. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 17~h day of March, 1998. Town Attorney Marana, Arizona Resolution No. 98 30 Page 1 of 1 F. ANN RODRIGUEZ, MECORDER RECORDED BY: CML DEPUTY RECORDER 1951 ROOA P 1600 PIMA CO DEPT TRANSPORTATION ATTN KARIN DEPIERRO PW PROCUREMENT TUCSON AZ 85701 )CKET: 10759 FAGE: 450 NO. OF PAGES: 16 SEQUENCE: 19980360115 ZZ041, _03/24/98 RES 11:14 PI CKUP AMOUNT PAID $ 0.00 RESOLUTION NO. 1998_ 4 0 RESOLUTION OF THE PIMA COUNTY BOARD OF SUPERVISORS APPROVING AND AUTHORIZING THE EXECUTION OF THE AGREEMENT BETWEEN PIMA COUNTY AND THE TOWN OF MARANA FOR ADMINISTRATION OF THE DESIGN AND CONSTRUCTION OF THORNYDALE ROAD FROM ORANGE GROVE ROAD TO INA ROAD Whereas, County and Town desire to cooperate in an improvement of Thornydale Road that includes: 1. Construction of transition roadway on Thornydale Road from the Horizon Hills intersection to the Canada del Oro Wash bridge; 2. Widening of Thornydale Road from the Canada del Oro Wash north through the intersection with Ina Road, to accommodate a six-lane divided roadway plus turning lane; 3. Construction of interim roadway for approximately 700 feet north of Ina Road, to transition from the new widened Thornydale Road to the existing roadway; 4. Modification of the median on Ina Road east and west of Thornydale for approximately 1,300 feet in both directions, to accommodate dual left turn lanes; and 5. Widening of the roadway from the intersection of Orange Grove Road northerly to the Canada del Oro Wash bridge, to provide a six-lane divided pavement; and Whereas, County is the sponsor and recipient of funds for the Town of Marana from the regional 15% Urban Area Highway User Revenue Fund for the design and construction of improvements to Thornydale Road, from Horizon Hills Road to the Marana. town limits north of Ina Road; and Whereas, the Town of Marana is the sponsor and recipient of funds for Phase III, from Orange Grove Road to the Canada del Oro Wash bridge; and Whereas, Town desires that the Project be carried out by County Public Works personnel who are familiar with the Pima County "Standard Specifications for Public Improvements," 1994 edition, and "Standard Details for Public Improvements," 1994 edition, governing improvements to be made within rights-of-way, excepting that work as defined in Phase III will be carried out by Town Public Works personnel; and 10759 450 ?u Whereas, County and Town agree that County shall advertise, award, execute and administer the design and construction contracts to complete the Project between Horizon Hills Road and Ina Road, and County shall pay all costs of the Project from the regional 15% Urban Area Highway User Revenue Fund funds, including design, construction and field engineering services, except those costs borne by Town associated with right-of-way and construction easements acquisition and construction south of the Canada del Oro within Town boundaries; and Whereas, Town agrees that at the conclusion of Project construction by County and acceptance of County certification, the entire roadway and adjacent right-of-ways will be accepted by Town for inclusion in Town's maintenance program. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS, PIMA COUNTY ARIZONA, THAT: Section 1. That Pima County enter into an agreement with the Town of Marana to provide services for the inspection, testing, surveying, certification, contract administration, and quality assurance support services for the design and construction of Thornydale Road; from Horizon Hills Road to Town of Marana limits North of Ina Road. Section 2. That the Chairman of the Pima County Board of Supervisors is hereby authorized and directed to sign the attached Intergovernmental Agreement for the Pima County Board of Supervisors. Section 3. That the various Pima County officers and employees be and hereby are authorized and directed to perform all acts necessary and desirable to give effect to this Resolution. RESOLVED by the Board of Supervisors of Pima County, Arizona, this 24th dayof Februaty 199& ATTE9T- PMA COUNTY: Lori GodosW rzj Mike Boyd, Chairman Clerk.6f ttie Board Board of Supervisors ?ftB 2 4 1998 APPROVED AS TO FORM: aloe.. Deputy County Attorney 2 10759 451 I CONTRACT ,No. 4? 1 - C14 -M q a 4L r - 0--319 AMENDMENT NO. This number must appear on all Invoices, correspondence, and documents pertaining to thisl Intergovernmental Agreement between Pima County and The Town of Marana for Design and Construction of Thornydale Road: Orange Grove Road to Town of Marana Limits North of Ina Road 1998 10759 452 Table of Contents Recitals .............................................................. I 1. Purpose ......................................................... 3 2. Project Description ................................................. 3 3. Commencement of Construction ....................................... 3 4. County Responsibilities .............................................. 4 a. 15 % Urban Area Highway User Revenue Fund .................. 4 b. 1997 Transportation Revenue Bonds .......................... 4 C. Construction contracts ..................................... 4 d. Utility relocations ......................................... 4 e. Traffic control devices at Ina and Thornydale ................... 4 f. Coordination ............................................ 4 5. Town Responsibilities ............................................... 4 a. Right-of-way and construction easements ....................... 4 b. Townfees ............................................... 4 C. Projectpermits ........................................... 4 d. Traffic control devices at Ina and Aornydale ................... 4 6. After Completion of Project Construction ................................ 4 a. Town acceptance of Project roadway and adjacent right-of-ways ..... 4 b. Records ................................................ 5 C. Phase Iff ............................................... 5 i. County support of 15% Urban Area Highway User Revenue Fund acceptance ................................ 5 ii. Design ........................................ 5 iii. Phase III construction ............................ 5 7. Notification ....................................................... 5 8. Indemnification .................................................... 5 a. County ................................................. 5 b. Town .................................................. 6 C. Environment ............................................. 6 d. Survival of indemnification provisions ......................... 6 9. Insurance ........................................................ 6 10. Town Inspection andAudit ........................................... 6 11. Construction ofAgreement ........................................... 6 a. Entire Agreement ......................................... 6 b. Amencbnent ............................................. 6 C. Construction and Interpretation .............................. 7 d. Severability ............................................. 7 12. Legal Jurisdiction .................................................. 7 13. Anti-Discrimination ................................................ 7 14. Americans with Disabilities Act ....................................... 7 15. Term, Duration and Termination of Intergovernmental Agreement ............. 7 a. Effective Date andDuration ................................. 7 b. Termination ............................................. 7 10759 453 i. For cause ...................................... 7 (1) Waiver ............................... 8 (2) Force majeure ......................... 8 ii. At will ......................................... 8 Hi. A.R.S. § 38-511 .................................. 8 iv. Non-appropriation ............................... 8 V. Ownership of Property upon Termination ............. 8 10759 454 Intergovernmental Agreement between Pima County and The Town of Marana for Design and Construction of Thornydale Road from Orange Grove Road to Town of Marana Limits North of Ina Road This Intergovernmental Agreement is entered into this 17 day of VA4? )1998, pursuant to A.R. S. § 11 -952, by and between the Town of Marana ("Town7') and Pima County, a body politic and corporate of the State of Arizona ("County"). Recitals A. County and Town may contract for services and enter into agreements with one another for joint or cooperative action pursuant to A.R. S. § 11 -95 1, et seq. B. County is authorized by A.R. S. § 28-6707 to construct and improve part of a highway located in an incorporated city or town in the same manner as if it were located outside an incorporated city or town. C. Town is authorized by AR.S. § 9-240(3)(c) to widen, extend, straighten, regulate, grade, clean or otherwise improve the streets, aReys, avenues, and sidewalks of the town. D. County is the sponsor and recipient of funds for the Town of Marana from the regional 15% Urban Area Highway User Revenue Fund for the design and construction of improvements to Thomydale Road, from Horizon FEB Road to the Marana town limits north of Ina Road. E. The Town of Marana is the sponsor and recipient of funds for the County from Orange Grove Road to the Canada del Oro Wash bridge. F. County and Town desire to cooperate in an improvement of Thornydale Road (hereinafter the "Project"). The Project is Phase H of an overall improvement of Thornydale Road: 10759 455 Phase 1. County has completed the widening of the existing bridge over tl?e Canada del Oro Wash to accommodate a six-lane divided roadway, including embankment and storm drain appurtenances. It is the intention of the parties that County will be reimbursed for the design and construction costs of Phase I from the regional 15% Urban Area Highway User Revenue Fund. 2. Phase 11 (the Prpiect). County will design and construct an improvement of Thornydale and Ina Roads by County that includes: a. construction of transition roadway on Thornydale Road from the Horizon Hills intersection to the Canada del Oro Wash bridge; b. widening of Thornydale Road from the Canada del Oro Wash north through the intersection with Ina Road, to accommodate a six-lane divided roadway plus turning lanes; C. construction of interim roadway for approximately 700 feet north of Ina Road, to transition from the new widened Thornydale Road to the existing roadway; and d. modification of the median on Ina Road east and west of Thornydale for approximately 1,300 feet in both directions, to accommodate dual left turn lanes. Construction of Phase II is scheduled to begin in the first quarter of 1998. Phase III, Marana will widen Thornydale from the intersection of Orange Grove Road northerly to the Canada del Oro Wash bridge, to provide a six-lane divided pavement. Town will advertise, award, execute and administer construction contracts for Phase III. County will provide Town completed plans, specifications, sound wall analysis, and other engineering design data necessary for the six-lane roadway widening. It is the intention of the parties that County will be reimbursed for the design costs of Phase III from the regional 15% Urban Area Highway User Revenue Fund. Phase III is scheduled for completion in 2001. 4. Phase IV, County will widen Thornydale from the north side of Ina Road, northerly approximately 600 feet to the Town limits, with a four-lane divided roadway including turning lanes, drainageway design and construction through the Ina Road intersection. Phase IV will be accomplished at a later date. G. Town desires that the Project be carried out by County Public Works personnel who are familiar with the Pima County "Standard Specifications for Public Improvements" and "Standard Details for Public Improvements" governing improvements to be made within rights-of-way. 10759 456 H. County and Town have agreed that County shall advertise, award, execute and administer the design and construction contracts to complete the Project and Phase IV. I. County shall be reimbursed for all costs of the Project fi7om the regional 15% Urban Area 11ighway User Revenue Fund funds, including design, right-of-way, utilities, construction and field engineering services. At the conclusion of Project construction by County, and acceptance by Town, the entire roadway and adjacent right-of-ways will be accepted by Town for inclusion in Town's maintenance program. NOW, TBEREFORE, the Town and the County, pursuant to the above, and in consideration of the matters and things hereinafter set forth, do mutually agree as follows: Agreement I Purpose. The purpose of this Intergovernmental Agreement is to set forth the responsibilities of the parties for the design and construction of Project and to address legal and administrative matters among the parties. 2. Project Description. The Project comprises: a. design and construction of six lanes, median, curbs, stormdrains, noise walls as warranted, landscaping, and appurtenant structures, of Thornydale Road north from the northerly intersection of Thornydale Road and Orange Grove Road to Ina Road, and a transition section to the Canada del Oro bridge. b. design and construction of six lanes, median, curbs, stormdrains, noise walls as warranted, landscaping, and appurtenant structures from the north end of the bridge at the Canada del Oro to the southerly intersection of Ina and Thomydale. C. design and construction of four through lanes on Thornydale Road from Ina Road north to Town of Marana Emits, and turning lanes at the Ina Road intersection. d. construct an additional left turn lane within the existing roadway pavement area East and West of Thornydale Road, on Ina Road. Commencement of Construction. County shall endeavor to commence Project construction activities by March 1, 1998, with completion scheduled on or before November 15, 1998. The specific date of commencement is subject to completion of utility clearances and right- of-way acquisition agreements. 10159- 457 4. County Responsibilities. a. 15% Urban Area Highway User Revenue Fund. County shall be responsible for the appropriate utilization of the 15% Urban Area Highway User Revenue Fund for the costs of the completed Canada del Oro Wash Bridge and the design and construction of the Project, except as described in Section 5.a. b. 1997 Transportation Revenue Bonds. In accordance with the voter-approved revenue bond issue of 1997, County shall expend up to one million dollars to complete the elements of the Project described in Subsections 2.b and 2.c. C. Construction contracts. County shall advertise, award, execute and administer construction contracts for the Project. County shall have the usual rights of the owner of a public construction contract, including the authority to approve change orders and make payments. d. Utility relocations. County shall coordinate all utility relocations within the Project and Phase IV boundaries. e. Traffic control devices at Ina and Yhornydale. County shall transfer to Town from the 15% Urban Area Highway User Revenue Fund moneys an amount not to exceed $25,000 for the costs of bencb testing and field wiring of the traffic controller unit at the intersection of Ina Road and Thomydale Road and the fire district preemption package. f, Coordination. County design and field personnel shall work with their counterparts in the Town for coordination purposes. Coordination shall include meetings and information exchanges between corresponding personnel at 0 levels for the Project. 5. Town Responsibilities. a. Right-of-way and construction easements. Town at its sole cost shall acquire right-of-way and construction easements south of the Canada del Oro to the Town limits necessary for completion of the Project and Phase III. b. Townfees. Town shall waive all fees related to the Project. C. Project permits. Town empowers and herein delegates to County, at no cost to County, the right to issue all right-of-way use permits and other permits necessary for completion of the Project and Phase IV. Pima County may issue the Project permits at no cost to contractors. d. Traffic control devices at Ina and Yhornydale. Town shall specify, design, test and install traffic control devices at the intersection of Ina Road and Thomydale Road. 6. After Completion of Project Construction. a. Town acceptance of Project roadway and adjacent right-of-ways. At the conclusion of Project construction by County, and acceptance by Town, the entire roadway and adjacent right-of-ways will be accepted by Town for inclusion in Town's maintenance program. County shall have no responsibility for the roadway beyond the one year construction guarantee period. 10759 458 b. Records. Within six months after acceptance of Project by Town, County shall provide, at no cost to Town, all "As-Built" original drawings, payment records, documentation and other Project correspondence. C. Phase X. County support of 15% Urban Area Highway User Revenue Fund acceptance. County shall support Town in its efforts to gain sufficient 15% Urban Area Highway User Revenue Fund acceptance through the Pima Association of Governments for the six-lane roadway widening project on Thornydale Road from south of the Canada del Oro Bridge to Orange Grove Road. Those efforts to support PAG acceptance shall begin upon approval of this Intergovernmental Agreement by both par-ties. ii. Design. County shall provide to Town, not later December 31, 1998, completed original plans, drawings, specifications, original mylars and AutoCad formatted diskettes for the six-lane roadway widening. The widening project is scheduled for completion in 2001. iii. Phase M construction. Town shall advertise, award and administer a construction contract for Phase III. 7. Noti/lication. 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: Town of Marana Town Engineer 13555 N. Sanders Road Marana, Arizona 85713 (520) 682-4166 Pima County Director, Dept. of Transportation 201 N. Stone, 3rd floor Tucson, Arizona 85701 (520) 740-6410 8. Indemnification. a. County. County shall indemnify, defend and hold Town and its officers, employees and agents harmless against any and all suits, actions, legal or administrative proceedings, claims, demands, liens, losses, fines or damages, including consequential damages, liability, interest, attorney's and accountant's fees or costs and expenses of whatsoever kind and nature, which are in any manner directly or indirectly caused, occasioned or contributed to, by reason of any act, on-?ission, fault, negligence, violation or alleged violation of any law, whether active or, passive, of County, its agents, employees or anyone acting under its direction or control, in connection with or incident to the performance of this Agreement. 10-159 459 b. Town. Town shall indemnify, defend and hold County and its officers, employees and agents harmless against any and all suits, actions, legal or administrative proceedings, claims, demands, liens, losses, fines or damages, including consequential damages, liability, interest, attorney's and accountant's fees or costs and expenses of whatsoever kind and nature, which are in any manner directly or indirectly caused, occasioned or contributed to, by reason of any act, omission, fault, negligence, violation or alleged violation of any law, whether active or passive, of Town, its agents, employees or anyone acting under its direction or control, in connection with or incident to the performance of this Agreement. C. Environment. It is expressly agreed that Town shall indemnify, defend and hold harmless County, its Board of Supervisors, officials, employees, contractors, and consultants, individually and collectively, from any and all environmental habiEty, now or in the future, arising out of the presence, discovery, handfing, transportation or disposal of solid wastes, pollutants, hazardous wastes, hazardous substances, or contaminated soils incurred by County as a result of County's activities in connection with the Project or entering upon the property of Town. d. Survival of indemnification provisions. Every provision of this indemnification section shall survive the termination, cancellation or revocation, whether in whole or in part, of the Intergovernmental Agreement. 9. Insurance. Prior to starting work, each party shall provide proof to the other of their worker's compensation, automobile, accident, property damage, and liability coverage or program of self-insurance. 10. Town Inspection andAudit. Town employees may perform any inspection of the project or reasonable audit of any books or records of County design and field engineering agency in order for the Town to satisfy itself that the monies on the project have been spent and the project completed in accordance with this Agreement and the 15% Urban Area I-lighway User Revenue Fund. 11. Construction ofAgreement. a. Entire Agreement. This Agreement, and its recitals which are included herein, constitute the entire agreement between the parties, and include 0 prior oral and written agreements of the parties. b. Amendment. This Agreement shall not be amended except by written instrument mutually agreed upon and executed by the parties. C. 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. 10759 460 d. Severability. In the event that any provision of this Agreement or the application thereof is held invalid, such invalidity shall have no effect on other provisions and their application which can be given effect without the invalid provision or application, and to this extent the provisions of the Agreement are severable. 12. Legal Jurisdiction. a. Nothing in this Intergovernmental Agreement shall be construed as either limiting or extending the legal jurisdiction of Town or County. b. It is not intended by this Intergovernmental Agreement to, and nothing contained in this Intergovernmental Agreement shall be construed to, create any partnership, joint venture or employment relationship between the parties or create any employer- employee relationship between the Town and any County employees, or between the County and any Town employees. Neither party shall be liable for any debts, accounts, obligations nor other liabilities whatsoever of the other, including (without limitation) the other party's obligation to withhold Social Security and income taxes for itself or any of its employees. 13. Anti-Discrimination. The provisions of A.R. S. § 41-1463 and Executive Order Number 75- 5 issued by the Governor of the State of Arizona are incorporated by this reference as a part of this Intergovernmental Agreement. 14. Americans with Disabilities Act. All Facilities shall be constructed and operated in compliance with the Americans with Disabilities Act, 42 U.S. C. § 1201, et seq. 15. Term, Duration and Termination ofIntergovernmental Agreement. a. Effective Date and Duration. This Intergovernmental Agreement shall be effective on the date it is recorded with the Pima County Recorder and shall remain in effect until December 31, 2002, unless terminated by either party. b. Termination. For cause. A party may terminate this Agreement for material breach of the Agreement by the other party. Prior to any termination under this paragraph, the party allegedly in default shall be given written notice by the other party of the nature of the alleged default. The party said to be in default shall have forty- five (45) days to cure the default. If the default is not cured within that time, the other party may terminate this Agreement. Any such termination shall not relieve either party from liabilities or costs already incurred under this Agreement. (1) Waiver. Waiver by either party of any breach of any term, covenant or condition herein contained shall not be deemed a waiver of any other 10759 461 term, covenant or condition, or any subsequent breach of the same or any other term, covenant, or condition herein contained. (2) Force majeure. 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 purpose of this 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 any government officer or court (excluding orders promulgated by the parties themselves), and declared local, state or national emergency, which, by exercise of 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. ii. At will. This Intergovernmental Agreement may be terminated by County or Town by giving 60 days written notice. Such termination shall not relieve either party from those liabilities or costs already incurred under this Intergovernmental Agreement. iii. A.R.S. § 38-511. This Intergovernmental Agreement is subject to the provisions of A.R. S. § 3 8-511. iv. Non-appropriation. Notwithstanding any other provision in this Intergovernmental Agreement, this Intergovernmental Agreement may be ten-ninated if for any reason the Marana Town Council or the Pima County Board of Supervisors do not appropriate sufficient monies for the purpose of maintaining this Intergovernmental Agreement. In the event of such cancellation, Town and County shall have no further obligation to the other party other than for payment for services rendered prior to cancellation. V. Ownership of Property upon Termination. Any termination of this Intergovernmental Agreement shall not relieve any party from liabilities or costs already incurred under this Intergovernmental Agreement, nor affect any ownership of the Project constructed pursuant to this Intergovernmental Agreement. 10759 462 In Witness Whereof, County has caused this Intergovernmental Agreement to be executed by the Chairman of its Board of Supervisors, upon resolution of the Board and attested to by the Clerk of the Board and the Town has caused this Intergovernmental Agreement to be executed by the Mayor upon resolution of the Mayor and Council and attested to by its Clerk. ATTEST: TOWN OF MARANA S 0 Ora Ham, Mayor To er Town of Marana ATTEST:. PIMA COUNTY Lori'Godos?* Mike Boyd, Chairman Clerk of the EVard. Board of Supervisors 10759 463 2 41998 INYER GO VERAMENTAL A GREFMEIVT DE YERMINA YYON The foregoing Intergovernmental Agreement between the Town of Marana and Pima County 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. TOWN OF MARANA: Town Attorney PMA COUNTY: 0141- K1014 Deputy County Attorney 10759 464 APPROVAL The foregoing Intergovernmental Agreement for Joint Project Administration Services by and between the Town of Marana, and Pima County, has been reviewed, and is hereby approved as to content. ?B)ooks k Zeenan, P.E. Director Pima County Department of Transportation and Flood Control District D 16, t.EAf Town Engineer Town of Marana 10759 465