HomeMy WebLinkAboutResolution 2001-060 IGA to design the I-10/Twin Peaks/Linda Vista traffic interchange MARANA RESOLUTION NO. 2001-60
A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF MARANA,
ARIZONA, AUTHORIZING THE MAYOR TO ENTER INTO AN INTERGOVERNMENTAL
AGREEMENT WITH THE ARIZONA DEPARTMENT OF TRANSPORTATION FOR THE
PURPOSE OF DESIGNING THE IN~FERSTATE 10/TWIN PEAKS (LINDA VISTA) TRAFFIC
INTERCHANGE.
WHEREAS, pursuant to the Town of Marana's Transportation Plan, the Twin Peaks (Linda
Vista) and Interstate 10 Waffle interchange is necessary for accommodating current and future traffic
within the region; and
WHEREAS, the Town of Marana has levied a development impact fee to partially fund the
development of this interchange and associated improvements; and
WHEREAS, the Town of Marana and the State of Arizona Department of Transportation
have programmed funds for the design of this new interchange; and
WHEREAS, this new interchange will substantially enhance transportation mobility within
Marana and the northwest portion of Pima County;
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 the Town
of Marana and the Arizona Department of Transportation for the purpose of designing the new
Interstate I O/Twin Peaks (Linda Vista) interchange and associated improvements.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this
22~r° day of May, 2001.
ATTEST:
APPROVED AS TO FORM: ~[t%%X~
D-'~-el J. Hochuli, Esq.
As Town Attorney and not personally
Marana Resolution No. 2001-60
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F. ANN RODRIGl RECORDER
RECORDED BY: D ."
DEPUTY RECORDER
7864 ROOC
D~~T: 11705
P. ..:: 5183
NO. OF PAGES: 8
SEQUENCE: 20012501211
12/28/2001
AG 17:01
SMARA
TOWN OF MARANA
ATTN: TOWN CLERK
13251 N LON ADAMS RD
MARANA AZ 85653
MAIL
AMOUNT PAID $ 9.50
MARANA
TOWN OF MARANA
INTERGOVERNMENTAL AGREEMENT
BElWEEN
THE STATE OF ARIZONA
AND
THE TOWN OF MARANA
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I-10/fWIN PEAKS (LINDA VISTA) INTERCHANGE
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AG Contract No. KR01 0576TRN
ADOT ECS File No. JPA 01-52
Project: H583801 D
Section: 1-10 - Twin Peaks (Linda Vista) TI (MP 236)
INTERGOVERNMENT AL AGREEMENT
BETWEEN
THE STATE OF ARIZONA
AND
THE TC?,,!NjJF1RANA
THIS AGREEMENT is entered into 1/7.. t/~ , 2001, pursuant to
Arizona Revised Statutes, Sections 11-951 through 11-954, as amended, between the STATE OF
ARIZONA, acting by and through its DEPARTMENT OF TRANSPORTATION (the "State") and the
TOWN OF MARANA, acting by and through its MAYOR and TOWN COUNCIL (the "Town").
I. RECITALS
1 . The State is empowered by Arizona Revised Statutes Sections 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 Town is empowered by Arizona Revised Statutes Section 48-572 to enter into this
agreement and has by resolution, a copy of which is attached hereto and made a part hereof, resolved to
enter into this agreement and has authorized the undersigned to execute this agreement on behalf of the
Town.
3. The State and the Town desire to participate in developing plans, specifications and
estimates to the 30% level of completion for the planned (but not programmed) 1-1 0 -Twin Peaks (Linda
Vista) traffic interchange (MP 236), at a currently estimated cost of $1,275,000.00. The parties agree the
Town shall be the lead agency for the design effort, hereinafter referred to as the Project. The State shall
be responsible for all costs associated with the design effort within the existing State right-of-way, in an
amount currently estimated at $850,000.00, and the Town shall be responsible for all costs associated
with the design effort outside of the existing State right-of-way, in an amount currently estimated at
$425,000.00..
THEREFORE, in consideration of the mutual agreements expressed herein, it is agreed as follows:
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ORIGINAL 2 OF 3
Page 2
JPA 01-52
II. SCOPE
1. The Town will:
a. Provide to State standards design plans, specifications, environmental clearances, bridge
selection reports, preliminary materials reports and such other documents and services required for the
Project developed to the 30% level of completion.
b. Be responsible for the costs associated with the design effort outside the existing State
right-of-way, in an amount currently estimated at $425,000.00, and for any design consultant claims for
extra compensation due to delays or whatever reason attributable to the Town.
c. No more often than monthly, invoice the State, in the form of Exhibit A which is attached
hereto and made a part hereof, for its share of the. reasonable direct actual cost of the Project inside the
State right-of-way, with no Town profit, overhead or fee, in an amount currently estimated at $850,000.00.
d. Upon completion, approve and accept the Project, and provide the State with copies of the
documents for review.
2. The State will:
a. Review the design documents and provide comments.
b. Be responsible for all reasonable direct actual costs associated with the design effort
inside the existing State right-of-way, in an amount currently estimated at $850,000.00, and for any
consultant claims for extra compensation due to delays or whatever reason attributable to the State.
c. Within 30 days after receipt and approval of monthly invoices, pay the Town the the
States' share of the cost of the Project, in an amount currently estimated at $850,000.00.
III. MISCELLANEOUS PROVISIONS
1. This agreement shall remain in force and effect until completion of said Project and
payments, unless cancelled by either party by 30 days written notice to the other party, or other
competent authority.
2.
511.
This agreement may be cancelled in accordance with Arizona Revised Statutes Section 38-
3.
The provisions of Arizona Revised Statutes Section 35-214 are applicable to this contract.
4. 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.
Page 3
JPA 01-52
5. 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
Joint Project Administration
205 South 17 Avenue, Mail Drop 616E
Phoenix, AZ 85007
Town of Marana
T own Manager
13251 N. Lon Adams Road
Marana, AZ 85653
6. Attached hereto and incorporated herein is the written determination of each party's legal
counsel that the parties are authorized under the laws of this state to enter into this agreement and that
the agreement is in proper form.
IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written.
TOWN OF MARANA
STATE OF ARIZONA
Department of Transportation
B81t:
Mayor
By ft/~
WILLIAM J. HI .
Deputy State Engineer
ATTEST
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01-52.doc
13APR
JPA 01-52
RESOLUTION
BE IT RESOLVED on this 22nd day of April 2001, that I, the
undersigned MARY E. PETERS, as Director of the Arizona Department
of Transportation, have determined that it is in the best
interests of the State of Arizona, that the Department of
Transportation, acting by and through the Intermodal
Transportation Division, to enter into an agreement with the Town
of Marana for the purpose of defining responsibilities for the
design of improvements to the 1-10 Twin Peaks (Linda Vista)
traffic interchange.
Therefore, authorization is hereby granted to draft
agreement which, upon completion, shall be submitted to
Director of Transportation Planning approval and execution.
said
the
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DAVID R. ALLOCCO, P.E.
Assistant State Engineer"
Engineering Technical Group
for Mary E. Peters, Director
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MARANA RESOLUTION NO. 2001-60
A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF MARANA,
ARIZONA, AUTHORIZING THE MAYOR TO ENTER INTO AN INTERGOVERNMENTAL
AGREEMENT WITH THE ARIZONA DEPARTMENT OF TRANSPORT A TION FOR THE
PURPOSE OF DESIGNING THE INTERSTATE 10rrWIN PEAKS (LINDA VISTA) TRAFFIC
INTERCHANGE.
WHEREAS, pursuant to the Town of Marana's Transportation Plan, the Twin Peaks (Linda
Vista) and Interstate 10 traffic interchange is necessary for accommodating current and future traffic
within the region; and
WHEREAS, the Town of Marana has levied.a development impact fee to partially fund the
development of this interchange and associated improvements; and
WHEREAS, the Town of Marana and the State of Arizona Department of Transportation
have programmed funds for the design of this new interchange; and
WHEREAS, this new interchange will substantially enhance transportation mobility within
Marana and the northwest portion of Pima County;
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 the Town
of Marana and the Arizona Department of Transportation for the purpose of designing the new
Interstate 10rrwin Peaks (Linda Vista) interchange and associated improvements.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this
22ND day of May, 2001.
2:dt~N'JR
ATTEST:
APPROVED AS TO FORM:
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MAI<ANA
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CERTIFIED
Marana Resolution No. 2001-60
JPA 01-52
APPROVAL OF THE MARANA TOWN ATTORNEY
I
have
reviewed
the
above
referenced
proposed
intergovernmental
agreement,
between
the
DEPARTMENT
OF
TRANSPORTATION, HIGHWAYS DIVISION and the TOWN OF MARANA and
declare this agreement to be in proper form and within the powers
and authority granted to the Town under the laws of the State of
Arizona.
DATED this
~
J,-)-day of fl(J
, 2001.
Town Attorney
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STATE OF ARIZONA
TRN Main: (602) 542-1680
Direct: (602) 542-8859
Fax: (602) 542-3646
OFFICE OF THE ATTORNEY GENERAL
JANET NAPOLITANO
ATTORNEY GENERAL
1275 WEST WASHINGTON, PHOENIX, Az. 85007.2926
MAIN PHONE: (602) 542.5025
FACSIMILE: (602) 542-4085
INTERGOVERNMENTAL AGREEMENT
DETERMINATION
A.G. Contract No. KR01-0576TRN, an agreement between public agencies, has been
reviewed pursuant to A.R.S. S 11-952, as amended, by the undersigned Assistant Attorney
General who has determined that it is in the proper form and is within the powers and
authority granted to the State of Arizona.
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No opinion is expressed as to the authority of the remaining parties, other than the
State or its agencies, to enter into said agreement.
DATED June 8, 2001.
JANET NAPOLITANO
AttoIJ1ey General
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JEFF Y T. MORRA ~
Assistant Attorney General
Transportation Section
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