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HomeMy WebLinkAboutResolution 2005-072 IGA with ADOT aeronautics for an airport pavement management program MARANA RESOLUTION NO. 2005-72 RELATING TO THE MARANA REGIONAL AIRPORT; AUTHORIZING THE EXECUTION OF AN AIRPORT INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF ARIZONA DEPARTMENT OF TRANSPORTATION AERONAUTICS DIVISION FOR AN AIRPORT PAVEMENT MANAGEMENT PROGRAM. WHEREAS, pursuant to A.R.S.~28-8413, the Town Council of the Town of Marana is empowered to recommend approval or disapproval permitting Town Staff to enter into intergovernmental agreements; and WHEREAS, the Airport Intergovernmental Agreement requires that a resolution be duly adopted authorizing the Town to enter into the agreement; and WHEREAS, the Town is obligated to provide only 10 percent of the overall construction cost of the project; and WHEREAS, the Marana Regional Airport would be significantly enhanced by the expenditure of theses funds received; and NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Town's Airport Director is hereby authorized to enter into the Airport Intergovernmental Agreement on behalf of the Town of Marana and file all paperwork and execute all documents pertaining hereto. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 21 8t day of June, 2005. tfJ~ Mayor ED HONEA - ATTEST: APPROVED AS TO FORM: IGA APMS No.: 05- 04 Sponsor: Town of Marana Airport: Marana Regional Airport AIRPORT INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA AND TOWN OF MARANA THIS AGREEMENT is entered into this Z,~ day of ~~ ,2005, pursuant to Arizona Revised Statutes, Sections 11-951 through 11-954, as amended, by and between the State of Arizona acting by and through the Arizona Department of Transportation, Aeronautics Division, herein referred to as the "State" and the Town of Marana, a political subdivision of the State of Arizona, acting by and through its MAYOR and TOWN COUNCIL herein referred to as the "Sponsor". I. RECITALS 1. The State is empowered by Arizona Revised Statutes Section 28-401 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 Sponsor is empowered by Arizona Revised Statutes Section 28-8413 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 Sponsor. 3. The State and Sponsor desire to share in costs incident to pavement preservation of a taxiway and apron at the Marana Regional Airport, hereinafter referred to as the Project. It is contemplated that this Project will be constructed by the State during State fiscal year 2005-6. The Project will include: crack seal, thin PFC overlay, and pavement markings for the T-hangar apron and Taxiway C. The Sponsor will contribute 10% of the construction cost of the project. Now, therefore, in consideration of the foregoing recitals and of the covenants and agreements made by the parties herein to be kept and performed, the parties agree as follows: II. SCOPE 1. State Responsibilities a. The State will conduct investigations and prepare to State standards design plans, specifications and such other documents and services required for construction bidding and construction. b. The State will call for bids and award one or more construction contracts for the Project, administer same, and make all payments to the contractor(s). c. The State will upon award of the construction contract, invoice the Sponsor for its contribution to the Project. d. The State will provide final acceptance of the Project. Page 1 ['>JO. ~ '7 uoq Filed with the Secretary of State 'led: ? I '7/0 r - ~~/ ~eta~ of :~ By: 1J./.kJ.L. e. The State will upon completion, determination of final quantities, approval and acceptance of the Project, submit a final accounting of the Project construction costs to the Sponsor including a refund of any excess funds, if final construction costs are less than the contract award amount, or an invoice for additional funds due, if final construction costs are more than the contract amount. 2. Sponsor Responsibilities a. The Sponsor will provide access to the Airport to the State, the State's representative, and the contractor for the purpose of preparing design plans and specifications for the Project, constructing the Project, and administering the construction of the Project. b. The Sponsor will coordinate with the State and approve safety plans, security plans, phasing plans, and construction schedules prepared by the State. c. The Sponsor will coordinate with airport users, issue Notam's as required, and provide operations support during construction, as needed. d. The Sponsor will pay the State the Sponsor's contribution to the Project within thirty days after receipt and approval of an invoice. e. The Sponsor will upon completion and acceptance of the Project by the State, provide maintenance of the airport pavements improved with the Project. f. The Sponsor shall abide by and enforce the Sponsor Assurances incorporated herein as Exhibit A. III. MISCELLANEOUS PROVISIONS 1. This agreement shall remain in force and effect until completion of said project and payment; provided, however, that this agreement, may be cancelled at any time prior to the award of a project construction contract, upon thirty (30) days written notice to the other party. 2. This agreement shall become effective upon filing with the Secretary of State. 3. This agreement may be cancelled in accordance with Arizona Revised Statutes Section 38-511. 4. If the Sponsor fails to comply with any of this Agreement, the State, by written notice to the Sponsor, may suspend participation until appropriate corrective action has been taken by the Sponsor. 5. If the Sponsor fails to comply with the conditions of the Agreement, the State, by written notice to the Sponsor, may terminate the Agreement in whole or in part. The notice of termination will contain the reasons for termination, the effective date, and costs incurred prior to termination. The Sponsor shall reimburse the State any costs incurred prior to the date of termination. 6. When the continuation of the Project will not produce beneficial results commensurate with the further expenditure of funds or when funds are not appropriate or are withdrawn for use hereunder, the State may terminate this Agreement. In the case where continuation of the Project will not produce beneficial results, the State and the Sponsor shall mutually agree upon the termination either in whole or in part. In the case where funds have been withdrawn or not appropriated, the State shall have the right of termination at its sole option. 7. No waiver of any condition, requirement or right expressed in this Agreement shall be implied by any forbearance of the State to declare a default, failure to perform or to take any other action on account of the violation of such violation be continued or repeated. 8. The Sponsor shall comply with all Federal, State and Local laws, rules, regulations, ordinances and decrees that are applicable to the performance hereunder. Page 2 9. The provisions of Arizona Revised Statutes Section 35-214 are applicable to this contract. 10. 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. 11. Any litigation between the Sponsor and the State shall be commended and prosecuted in an appropriate state court of competent jurisdiction within Maricopa County, State of Arizona. 12. 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: Arizona Department of Transportation Aeronautics Division Attn: APMS 255 East Osborn, Suite 101 Phoenix, Arizona 85012 Marana Regional Airport Attn: Charlie Mangum 11700 W. Avra Valley Road, Suite 91 Marana, Arizona 85653 13. 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. 14. Each and every provision of law and clause required by law to be inserted in this Agreement shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party, the Agreement shall forthwith be physically amended to make such insertion or correction. IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written. By STATE OF ARIZONA Department of Transportation - Aeronautics Division ~\,nr r,.." ~\~OF~~~ ~ ~~\\''''''''''.Il~~ ::O~~. ~~ ~ .... L - ~ CORPORATE ~ ~ - r-::: <:xx:) . _ = = - - - = SEAL;: - .....~. ~ ;: ~ ~ ., s ~ "'1 ~"'''''''\\~ ~ ~ ~/Z '\<!"~ ~/II,ill\\\~ Page 3 EXHIBIT A SPONSOR ASSURANCES These assurances will become a part of this Agreement. The Sponsor hereby covenants and agrees with the State as follows: 1) That the Project is consistent with plans (existing at the time of approval of the project) of public entities authorized by the State to plan for the development of the area surrounding the Airport. 2) That it will furnish to the State each month a current listing of all aircraft based on the Airport. 3) That these covenants shall become effective upon execution of this Agreement for the Project or any portion thereof, made by the State and shall constitute a part of the Agreement thus formed and shall remain in full force and effect throughout the useful life of the facilities developed under the Project, but not to exceed twenty (20) years. 4) That is the owner or lessee of the property or properties on which the airport is located and that the lease guarantees that the Sponsor has full control of the use of the property for a period of not less than twenty (20) years from the date of this Agreement. All changes in airport ownership or to an airport lease shall be approved by the State. 5) To restrict the use of land, adjacent to or in the immediate vicinity of the Airport, to activities and purposes compatible with normal Airport operations and to take appropriate action including the adoption of appropriate zoning laws. 6) To promote safe airport operations by clearing and protecting the approaches to the airport by removing, lowering, relocating, marking and/or lighting existing airport hazards and to prevent, to the extent possible, establishment or creation of future airport hazards. 7) To operate the Airport for the use and benefit of the public and to keep the Airport open to all types, kinds and classes of aeronautical use without discrimination between such types, kinds and classes; provided that the Sponsor shall establish such fair, equal and nondiscriminatory conditions to be met by all users of the Airport as may be necessary for the safe and efficient operation of the Airport; and provided further, that the Sponsor may prohibit any given type, kind or class of aeronautical use of the Airport if such use would create unsafe conditions, interfere with normal operation of aircraft, or cause damage or lead to the deterioration of the runway or other Airport facilities. 8) To suitably operate and maintain the Airport and all facilities thereon or connected therewith which are necessary for Airport purposes and to prohibit any activity thereon which would interfere with its use for aeronautical purposes and to operate essential facilities, including night lighting systems, when installed, in such manner as to assure their availability to all users of the Airport; provided that nothing contained herein shall be construed to require that the Airport be operated and maintained for aeronautical uses during temporary periods when snow, flood or other climatic conditions interfere substantially with such operation and maintenance. 9) To refrain from entering into any transaction which would deprive the Sponsor of any of the rights and powers necessary to perform any or all of the covenants made herein, unless by such transaction the obligation to perform all such covenants is assumed by another public agency eligible to assume such obligations and having the power, authority and financial resources to carry out such obligations; and, if an arrangement is made for management or operation of the Airport by an agency or person other than the Sponsor, the Sponsor will reserve sufficient powers and authority to insure that the Airport will be operated and maintained in accordance with these covenants. 10)To maintain a current Airport Layout Plan (ALP) of the airport, which shows building areas and landing areas, indicating present and planned development and to furnish the State an updated ALP of the Airport as changes are made. Page 4 MARANA RESOLUTION NO. 2005-72 RELATING TO THE MARANA REGIONAL AIRPORT; AUTHORIZING THE EXECUTION OF AN AIRPORT INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF ARIZONA DEPARTMENT OF TRANSPORTATION AERONAUTICS DIVISION FOR AN AIRPORT PAVEMENT MANAGEMENT PROGRAM. WHEREAS, pursuant to A.R.S.~28-8413, the Town Council of the Town of Marana is empowered to recommend approval or disapproval permitting Town Staff to enter into intergovernmental agreements; and WHEREAS, the Airport Intergovernmental Agreement requires that a resolution be duly adopted authorizing the Town to enter into the agreement; and WHEREAS, the Town is obligated to provide only 10 percent of the overall construction cost of the project; and WHEREAS, the Marana Regional Airport would be significantly enhanced by the expenditure of theses funds received; and NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Town's Airport Director is hereby authorized to enter into the Airport Intergovernmental Agreement on behalf of the Town of Marana and file all paperwork and execute all documents pertaining hereto. PASSED AND ADOPTED by the Mayor and Council of the Town of Maran a, Arizona, this 21st day of June, 2005. d~ Mayor ED HONEA ATTEST: APPROVED AS TO FORM: IGA APMS No.: 05- 04 Sponsor: Town of Marana Airport: Marana Regional Airport AIRPORT INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA AND TOWN OF MARANA THIS AGREEMENT is entered into this day of , 2005, pursuant to Arizona Revised Statutes, Sections 11-951 through 11-954, as amended, by and between the State of Arizona acting by and through the Arizona Department of Transportation, Aeronautics Division, herein referred to as the "State" and the Town of Marana, a political subdivision of the State of Arizona, acting by and through its MAYOR and TOWN COUNCIL herein referred to as the "Sponsor". I. RECITALS 1. The State is empowered by Arizona Revised Statutes Section 28-401 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 Sponsor is empowered by Arizona Revised Statutes Section 28-8413 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 Sponsor. 3. The State and Sponsor desire to share in costs incident to pavement preservation of a taxiway and apron at the Marana Regional Airport, hereinafter referred to as the Project. It is contemplated that this Project will be constructed by the State during State fiscal year 2005-6. The Project will include: crack seal, thin PFC overlay, and pavement markings for the T-hangar apron and Taxiway C. The Sponsor will contribute 10% of the construction cost of the project. Now, therefore, in consideration of the foregoing recitals and of the covenants and agreements made by the parties herein to be kept and performed, the parties agree as follows: II. SCOPE 1. State Responsibilities a. The State will conduct investigations and prepare to State standards design plans, specifications and such other documents and services required for construction bidding and construction. b. The State will call for bids and award one or more construction contracts for the Project, administer same, and make all payments to the contractor(s). c. The State will upon award of the construction contract, invoice the Sponsor for its contribution to the Project. d. The State will provide final acceptance of the Project. Page 1 e. The State will upon completion, determination of final quantities, approval and acceptance of the Project, submit a final accounting of the Project construction costs to the Sponsor including a refund of any excess funds, if final construction costs are less than the contract award amount, or an invoice for additional funds due, if final construction costs are more than the contract amount. 2. Sponsor Responsibilities a. The Sponsor will provide access to the Airport to the State, the State's representative, and the contractor for the purpose of preparing design plans and specifications for the Project, constructing the Project, and administering the construction of the Project. b. The Sponsor will coordinate with the State and approve safety plans, security plans, phasing plans, and construction schedules prepared by the State. c. The Sponsor will coordinate with airport users, issue Notam's as required, and provide operations support during construction, as needed. d. The Sponsor will pay the State the Sponsor's contribution to the Project within thirty days after receipt and approval of an invoice. e. The Sponsor will upon completion and acceptance of the Project by the State, provide maintenance of the airport pavements improved with the Project. f. The Sponsor shall abide by and enforce the Sponsor Assurances incorporated herein as Exhibit A. III. MISCELLANEOUS PROVISIONS 1. This agreement shall remain in force and effect until completion of said project and payment; provided, however, that this agreement, may be cancelled at any time prior to the award of a project construction contract, upon thirty (30) days written notice to the other party. 2. This agreement shall become effective upon filing with the Secretary of State. 3. This agreement may be cancelled in accordance with Arizona Revised Statutes Section 38-511. 4. If the Sponsor fails to comply with any of this Agreement, the State, by written notice to the Sponsor, may suspend participation until appropriate corrective action has been taken by the Sponsor. 5. If the Sponsor fails to comply with the conditions of the Agreement, the State, by written notice to the Sponsor, may terminate the Agreement in whole or in part. The notice of termination will contain the reasons for termination, the effective date, and costs incurred prior to termination. The Sponsor shall reimburse the State any costs incurred prior to the date of termination. 6. When the continuation of the Project will not produce beneficial results commensurate with the further expenditure of funds or when funds are not appropriate or are withdrawn for use hereunder, the State may terminate this Agreement. In the case where continuation of the Project will not produce beneficial results, the State and the Sponsor shall mutually agree upon the termination either in whole or in part. In the case where funds have been withdrawn or not appropriated, the State shall have the right of termination at its sole option. 7. No waiver of any condition, requirement or right expressed in this Agreement shall be implied by any forbearance of the State to declare a default, failure to perform or to take any other action on account of the violation of such violation be continued or repeated. 8. The Sponsor shall comply with all Federal, State and Local laws, rules, regulations, ordinances and decrees that are applicable to the performance hereunder. Page 2 9. The provisions of Arizona Revised Statutes Section 35-214 are applicable to this contract. 10. 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. 11. Any litigation between the Sponsor and the State shall be commended and prosecuted in an appropriate state court of competent jurisdiction within Maricopa County, State of Arizona. 12. 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: Arizona Department of Transportation Aeronautics Division Attn: APMS 255 East Osborn, Suite 101 Phoenix, Arizona 85012 Marana Regional Airport Attn: Charlie Mangum 11700 W. Avra Valley Road, Suite 91 Marana, Arizona 85653 13. 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. 14. Each and every provision of law and clause required by law to be inserted in this Agreement shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party, the Agreement shall forthwith be physically amended to make such insertion or correction. IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written. STATE OF ARIZONA Department of Transportation - Aeronautics Division By By BARCLAY DICK Division Director Authorized Party I Title ATTEST ~",'1 ""11. ~..\. OF ~~ ~~'";.\\,"n'",,.. ~ ~Oil:o" ...~ ~ ::: ~ I cORPORArE' ~ = = SEALooo .~ J = S~'.~;: ,~..,,~ .I ~~!l"/Z. '\'iJ~':~ "'/II""\\~ Page 3 EXHIBIT A SPONSOR ASSURANCES These assurances will become a part of this Agreement. The Sponsor hereby covenants and agrees with the State as follows: 1) That the Project is consistent with plans (existing at the time of approval of the project) of public entities authorized by the State to plan for the development of the area surrounding the Airport. 2) That it will furnish to the State each month a current listing of all aircraft based on the Airport. 3) That these covenants shall become effective upon execution of this Agreement for the Project or any portion thereof, made by the State and shall constitute a part of the Agreement thus formed and shall remain in full force and effect throughout the useful life of the facilities developed under the Project, but not to exceed twenty (20) years. 4) That is the owner or lessee of the property or properties on which the airport is located and that the lease guarantees that the Sponsor has full control of the use of the property for a period of not less than twenty (20) years from the date of this Agreement. All changes in airport ownership or to an airport lease shall be approved by the State. 5) To restrict the use of land, adjacent to or in the immediate vicinity of the Airport, to activities and purposes compatible with normal Airport operations and to take appropriate action including the adoption of appropriate zoning laws. 6) To promote safe airport operations by clearing and protecting the approaches to the airport by removing, lowering, relocating, marking and/or lighting existing airport hazards and to prevent, to the extent possible, establishment or creation of future airport hazards. 7) To operate the Airport for the use and benefit of the public and to keep the Airport open to all types, kinds and classes of aeronautical use without discrimination between such types, kinds and classes; provided that the Sponsor shall establish such fair, equal and nondiscriminatory conditions to be met by all users of the Airport as may be necessary for the safe and efficient operation of the Airport; and provided further, that the Sponsor may prohibit any given type, kind or class of aeronautical use of the Airport if such use would create unsafe conditions, interfere with normal operation of aircraft, or cause damage or lead to the deterioration of the runway or other Airport facilities. 8) To suitably operate and maintain the Airport and all facilities thereon or connected therewith which are necessary for Airport purposes and to prohibit any activity thereon which would interfere with its use for aeronautical purposes and to operate essential facilities, including night lighting systems, when installed, in such manner as to assure their availability to all users of the Airport; provided that nothing contained herein shall be construed to require that the Airport be operated and maintained for aeronautical uses during temporary periods when snow, flood or other climatic conditions interfere substantially with such operation and maintenance. 9) To refrain from entering into any transaction which would deprive the Sponsor of any of the rights and powers necessary to perform any or all of the covenants made herein, unless by such transaction the obligation to perform all such covenants is assumed by another public agency eligible to assume such obligations and having the power, authority and financial resources to carry out such obligations; and, if an arrangement is made for management or operation of the Airport by an agency or person other than the Sponsor, the Sponsor will reserve sufficient powers and authority to insure that the Airport will be operated and maintained in accordance with these covenants. 10)To maintain a current Airport Layout Plan (ALP) of the airport, which shows building areas and landing areas, indicating present and planned development and to furnish the State an updated ALP of the Airport as changes are made. 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