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HomeMy WebLinkAboutResolution 2001-058 IGA with pima county and MUSD for improvement to emigh and sandario roads MARANA RESOLUTION NO. 2001-58 A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF MARANA, ARIZONA, AUTHORIZING THE TOWN TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH PIMA COUNTY AND THE MARANA UNIFIED SCHOOL DISTRICT FOR THE IMPROVEMENT OF EMIGH AND SANDARIO ROADS. WHEREAS, the Town of Marana and Pima County are both responsible for the design, construction, and operation and maintenance of public roadways within the territory served by the Marana Unified School District; and WHEREAS, the Town, Pima County, and Marana Unified School District desire to have the intersection of Emigh and Sandario Roads improved to accommodate turning movements and improve public safety; and WHEREAS, the existing condition of Emigh Road is poor adjacent to the Marana High School site; and WHEREAS, it is in the best interests &the citizens of the Town of Marana to improve the intersection of Sandario Road/Emigh Road as well as Emigh Road itself; and WHEREAS, it is necessary for the Town of Marana, Marana Unified School District, and Pima County to adopt an intergovernmental agreement which clarifies their roles in the construction and implementation of the aforementioned improvements; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Mayor is authorized to execute an intergovernmental agreement between Marana Unified School District, Pima County and the Town of Marana for the improvement of the intersection of Sandario and Emigh Road, and the improvement of Emigh Road adjacent to Marana High School. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 22~ day of May, 2001. ~ON, JR. ATTEST: APPROVED AS TO FORM: As To~ A~o~ey RESOLUTION NO. 2001- 197 RESOLUTION OF THE BOARD OF SUPERVISORS OF PIMA COUNTY, ARIZONA; RELATING TO AN IMPROVEMENTS AGREEMENT FOR THE INTERSECTION OF SANDARIO ROAD AND EMIGH ROAD AND EMIGH ROAD ADJACENT TO MARANA HIGH SCHOOL BETWEEN PIMA COUNTY, THE TOWN OF MARANA AND MARANA UNIFIED SCHOOL DISTRICT. WHEREAS, Marana Unified School District (MUS D) is a public school district of the State of Arizona, the Town is a municipal corporation of the State of Arizona, and County is a county organized under the laws of the State of Arizona. The parties are authorized to enter into this agreement pursuant to the provisions of A.R.S. S 11-951 et seq., A.R.S. S 11-251(4) and A.R.S. S 15-996; and WHEREAS, The parties desire to enter into an intergovernmental agreement in order to define roles and establish funding responsibilities for improvements to the intersection of Sandario Road and Emigh Road, as well as improvements to Emigh Road adjacent to Marana High School; and WHEREAS, The Mayor and Council of the Town did on the 22nd day of May, 2001, authorize the Mayor to execute this Agreement by Resolution No. 2001-58 ;and WHEREAS, The MUSD Governing Board did on the 12th day of June, 2001, authorize the Superintendent of Schools to execute this Agreement on behalf of MUSD; and WHEREAS, County, Town and School District desire to cooperate in the design and construction of Sandario Road and Emigh Road, as well as improvements to Emigh Road adjacent to Marana High School (the "Project"); and WHEREAS, County, Town and School District desire to define the terms and conditions under which the Project is to be engineered, constructed, financed and maintained; and WHEREAS, County, Town and School District have agreed that the Town shall be responsible for the bidding and construction management for the road improvements and shall advertise, award, execute and administer the design and construction contracts for the Project. NOW, THEREFORE, be it resolved by the Board of Supervisors that: 1. The attached Intergovernmental Agreement between Pima County the Town of Marana and Marana Unified School District; and 2. The Chair of the Board of Supervisors is hereby instructed and authorized to sign the Intergovernmental Agreement for the Pima County Board of Supervisors; and 3. 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 20th day of August , 2001. ATTEST: PIMA COUNTY ~u~ Lori Godoshiuu, Clerk of the Board AUG 2 0 2001 AUG 2 0 2001 APPROVED AS TO FORM: ~tZ~ Deputy County Attorney CvNTRACT NO. L)/- ~~/Jf. /~152d -t1/~ / AMENDMENT NO. TtlI. number must appear on III Invoices, correspondence and documents penainlOg to this contract. INTERGOVERNMENTAL AGREEMENT BETWEEN MARANA UNIFIED SCHOOL DISTRICT AND TOWN OF MARANA AND PIMA COUNTY This Intergovernmental Agreement is entered into this ar;J!aay of ~, 2001, pursuantto AR.S. S 11-951 et seq., AR.S. S 15-342, and AR.S. S 11-251, by and between the Marana Unified School District of Pima County ("MUSD"), Pima County ("County"), and the Town of Marana, Arizona ("Town"). RECITALS 1. MUSD is a public school district of the State of Arizona, the Town is a municipal corporation of the State of Arizona, and County is a county organized under the laws of the State of Arizona. The parties are authorized to enter into this agreement pursuant to the provisions of AR.S. S 11-951 et seq., AR.S. S 11-251(4) and AR.S. S 15-996. 2. The parties desire to enter into an intergovernmental agreement in order to define roles and establish funding responsibilities for improvements to the intersection of Sandario Road and Emigh Road, as well as improvements to Emigh Road adjacent to Marana High School. 3. The Mayor and Council of the Town did on the 22nd day of May, 2001, authorize the Mayor to execute this Agreement by Resolution No. 2001-58. 4. The MUSD Governing Board did on the 12th day of June, 2001, authorize the Superintendent of Schools to execute this Agreement on behalf of MUSD. 5. The County Board of Supervisors did on the~0--tk- day OfQ~-r. 2001 authorize the Board Chair to execute this Agreement by Resolution No. . NOW, THEREFORE, MUSD, County and the Town, in consideration of the mutual representations and covenants set forth herein, and for other good and valuable consideration, do mutually agree as follows. AGREEMENT 1 Purpose. The purpose of this intergovernmental agreement is to define roles and establish funding responsibilities for improvements to the intersection of Sandario Road and Emigh Road, as well as improvements to Emigh Road adjacent to Marana High School. 2 Effective Date: Term. This Agreement shall become effective upon filing the original executed Agreement with the office of the Pima County Recorder, and shall continue in effect until the improvements are fully constructed or until sooner terminated as provided herein, but in no event shall this Agreement remain in effect after December 31,2003. 3 Improvements to Sandario Road. The improvements to Sandario Road shall include the provision of a new northbound left turn bay, a new southbound right turn bay, associated tapers, and shoulder widening (the "Sandario Road I mprovements"). The parties hereto recognize that approximately twenty-five (25%) percent of the Sandario Road Improvements occur outside the corporate limits of Town, but lie fully within the boundaries of MUSD and County ( the "County's Segment"). The Sandario Road Improvements shall be agreed to by all parties hereto. 4 Improvements to Emiqh Road. The improvements to Emigh Road shall include a reconstruction of the existing roadway and widening of the pavement to a minimum of forty (40) feet. The widening shall provide travel lanes in each direction, paved shoulders matching to existing driveways, and associated drainage improvements (the "Emigh Road Improvements"). The improvements to Emigh Road shall also include the construction of eastbound right and left turn bays and taper for the intersection of Emhigh Road and Sandario Road (the "Emigh Road Intersection Improvements"). The Emigh Road Improvements and Emigh Road Intersection Improvements shall be agreed to by all parties hereto. 5 Responsibilities of Town. The Town shall be responsible for the bidding and construction management for the Sandario Road Improvements, Emigh Road Improvements, and Emigh Road Intersection Improvements. The Town shall also be responsible for all costs associated with the Emigh Road Improvements. The parties agree that all design and construction documents regarding the County's Segment of the Sandario Road Improvements shall be reviewed and approved by County prior to construction. 6 Responsibilities of MUSD. MUSD shall be responsible for all costs associated with the Sandario Road improvements and the Emigh Road Intersection Improvements. 7 Responsibilities of County. The cost of the County's Segment of the Sandario Road Improvements are estimated to total Fifty Thousand Dollars ($50,000). County shall therefore pay to Town the sum of $50,000 upon completion of construction and final acceptance by County of the County's Segment of the Sandario Road Improvements. 8 Status of Officers & Emplovees. 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 County, Town and any MUSD employee. Neither party shall be liable for any debts, accounts, obligations or other -2- liabilities whatsoever of the other, including (without limitation) the other party's obligation to withhold Social Security and income taxes for any of its employees. 9 Hold Harmless; Indemnification. Each party shall, to the extent permitted by Arizona law, indemnify, defend and hold harmless each other party, its officers, departments, employees and agents from, for and against any and all suits, actions, legal or administrative proceedings, claims, demands liens, losses, fines or damages of any kind or nature, including consequential damages, liability, interest, attorneys' and accountants' 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 any other party hereto, its agents, employees, or anyone acting under its direction, control, or on his behalf, in connection with or incident to the performance of this Agreement. The mutual indemnifications set forth herein are not intended to, and do not, preclude any party from claiming against another party for breach of this Agreement. 10 Notices. All notices shall be in writing and together with other mailings pertaining to this Agreement shall be made to: TOWN: Town Manager COpy TO: Town of Marana 13251 N. Lon Adams Rd. Marana, AZ 85653 Daniel J. Hochuli Daniel J. Hochuli & Associates 220 E. Wetmore Rd., Suite 110 Tucson, AZ 85705 COUNTY: County Administrator COPY TO: Director 130 West Congress Street PC/Dept of Transportation Tucson, Az 85701 201 N. Stone Ave. (3rd floor) Tucson, Az 85701-1207 MUSD: Scott Mundell COPY TO Same Marana Unified Schools 11279 W. Grier Rd., Ste. 115 Marana Az 85653 11 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. 12 Amendment. This Agreement shall not be amended except by written instrument mutually agreed upon and executed by the parties. 13 Entire Aqreement. This Agreement, including its exhibits and recitals, constitutes the entire agreement between the parties, and includes all prior oral and written agreements of the parties. 14 Anti-Discrimination. The provisions of A.R.S. 9 41-1463 and Executive Order Number 75-5, as amended by Executive Order Number 99-4, issued by the -3- Governor of the State of Arizona are incorporated by this reference as a part of this Agreement. 15 Leqal Jurisdiction. Nothing in this Agreement shall be construed as either limiting or extending the legal jurisdiction of Town, County or MUSD. 16 No Joint Venture. 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, including without limitation the other partys' obligation to withhold social security and income taxes for itself or any of its employees. 17 Beneficiaries. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any person other than the parties to it and their respective successors and permitted assigns. 18 Timeliness. Each of the parties to this Agreement agrees to take such actions as may be necessary to carry out the terms of this Agreement, and to cause such documents as may be necessary to be executed with reasonable promptness. 19 Non-waiver. The failure of any party to insist, on anyone or more instances, upon the full and complete performance of any of the terms and provisions of the Agreement to be performed on the part of the other, or to take any action permitted as a result thereof, shall not be construed as a waiver or relinquishment of the right to insist upon full and complete performance of the same, or any other covenant or condition, either in full or in part in the future. The acceptance by any party of sums of less than may be due and owing it at any time shall not be construed as accord and satisfaction. 20 Severability, In the event that any provision, or any portion of any provision, of this Agreement or the application thereof, is held invalid, illegal or unenforceable, such invalidity, illegality or unenforceability shall have no effect on the remaining portion of any provision or any other provision, or their application, which can be given effect without the invalid provision or application and to this end the provisions of this Agreement shall be deemed to be severable. 21 Termination. 21.1 For Cause. Any party hereto may terminate this Agreement for material breach of the Agreement by another party. Prior to any termination under this section, 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. Ifthe 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. -4- 21.2 Force Maieure. 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 on uncontrollable forces. The term "uncontrollable forces" shall mean, for the purposes 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 orfailing to act upon applications for approvals or permits which are not due to 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 reasonablely have been expected to avoid. Either party rendered unable to fulfill any obligations by reason of uncontrollable forces shall exercise due diligence to remove any such inability with all reasonable dispatch. 21.3 Fundinq Sources; Budqet; Non-appropriation. This Agreement and all obligations upon the parties arising therefrom shall be subject to any limitation imposed by budget law. The parties affirm that they have within their respective budgets sufficient funds to discharge the obligations and duties assumed under this Agreement. If for any reason any party does not appropriate sufficient monies for the purpose of maintaining this Agreement, this Agreement shall be deemed to terminate by operation of law on the date of expiration of funding. In the event of such cancellation, the parties hereto shall have no further obligation to the other party other than for payment for services rendered prior to cancellation. 21.4 Conflict of Interest. Pursuant to A.R.S. 9 38-511, the state, its political subdivisions or any department of either, may, within three (3) years after its execution, cancel any contract, without penalty or further obligation, made by the state, its political subdivisions, or any of the departments or agencies of either if any person significantly involved in initiating, negotiating, securing, drafting or creating the contract on behalf of the state, its political subdivisions or any of the departments or agencies of either is, at any time, while the contract or any extension of the contract is in effect, an employee or agent of any other party to the contract in any capacity or a consultant to any other party to the contract with respect to the subject matter of the contract. 21.5 Ownership of Property Upon Termination. Any termination of this Agreement shall not relieve any party from liabilities or costs already incurred under this Agreement, nor effect any ownership of the project constructed pursuant to this Agreement. -5- In witness whereof, the parties hereto have hereunto set their hands the day and year first above written. PIMA COUNTY: AUG 2 0 2001 TOWN OF MARANA 2~or AT(TE~..7. .'.. d. ' ~,J~~~~ Clerk of the Board of SupervIsors AUG 2 0 2001 ATTEST: MARANA UNIFIED SCHOOL DISTRICT ~ me Wade Me Lean, Superinte dent ""\"'''''''''' ~" oF~ ~ ~~~\\'''"'''~~~ ::O~ ~ ~ !~ CO~Tf\ = i SEAL; S ~ ~ ~ ~ ~\~ ~ ~~~IZ '\911 ~ ~1111.1l\\\\~ Contraotor shall oomply with all applicable provisions of the Americans with Disablli ties Act (Public Law, 101-336, 42 D.S.C. 12101 12213) and all applicable Federal Regulations under :the Aot inoluding 28 eFR Parts 35 &: 36., -6- INTERGOVERNMENTAL AGREEMENT DETERMINATION The foregoing Intergovernmental Agreement between the Town of Marana, the Marana Unified School District, and Pima County has been reviewed pursuant 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: Pima County: dlf~ ~puty County Attorney -7-