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HomeMy WebLinkAboutResolution 2000-133 IGA with pima county for cooperative highway maintenance F. ANN RODRIG~TE~-, RECORDER RECORDED BY: MSA DEPUTY RECORDER 5132 ROOC TOWN OF ~ ATTN: TOWN CLERK 13251 N L0N ADAMS ED M~RAN~ AZ 85653 DOCKET: 11441 PAGE: 1487 NO. OF PAGES: 13 SEQUENCE: 20002370392 12/08/2000 RES 16:23 PICKUp AMOUNT PAID $ 11.00 MARANA RESOLUTION NO. 2000-133. A RESOLUTION OF THE MAyoR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, ("TOWN") AUTHORIZING THE TOWN TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT (IGA) WITH PIMA COUNTY ("COUNTY") FOR THE ALLOCATION OF HIGHWAY MAINTENANCE RESPONSIBILITIES IN A MANNER, INVOLVING THE INTERJURISDICTIONAL MAINTENANCE OF SPECklED SECTIONS OF HIGHWAY. WltEREAS, the Town and County desire to allocate h/ghway maintenance responsibilities in a manner, which involves working across,jurisdictional boundaries; and WHEREAS, the Town and County have statutory authority to enter into intergovernmental agreements for.joint cooperative action pursuant to A.R.S. § 11-952; and WHEREAS, the Town and County have statutory authority to enter into cooperative agreements for highway maintenance pursuant to A.R.S. §28-6707; and WHEREAS, for the purpose of maximizing efficiency, fiscal responsibility, and general logistics, the County agrees to maintain certain public highways or portions of public highways, located within the limits of the Town; and WHEREAS, for the purpose of maximizing efficiency, fiscal responsibility, and general logistics, the Town agrees to maintain certain public highways or portions of public highways, located within unincorporated areas of the County. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town that the Mayor is authorized to execute an Intergovernmental Agreement between the County and the Town, attached as Exhibit "A," and incorporated herein by this reference, for the allocation of highway maintenance responsibilities in a manner involving the interjurisdictional maintenance of specified sections of highway. i ! 4 ! i 4 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 5t~ day of December, 2000. ATTEST: APPROVED AS TO FORM: Daniel J. Hoc'~uli As Town Attorney and not personally Mayo~C.~l/y SUTTON, JR. i i 4 4 i I 4 EXHIBIT "A" Intergovernmental Agreement Between Pima County and the Town of Marana For Cooperative Highway Maintenance This Imergovemmental Agreement is entered into by and between Pima County, a body politic and corporate of the State of Arizona (~County') and the Town ofMarana, Pima County, Arizona ("Marana"), a body politic and corporate of the State of Arizona, pursuant to Arizona Revised Statutes (A.R.S.) Title 11 Section 951, et seq. County and Marana have statutory authority to enter into intergovernmental agreements for joint and cooperative action pursuant to A.1LS. §11-952. County and Marana have statutory authority to enter into cooperative agreements for highway malntenanee pursuant to A.R.S. § 28-6707. County and Marana each have highway maintenance responsibilities within their respective jurisdictions. For purposes of maximizing efficiency, fiscal respons~ility, and general logistics, the parties intend to allocate highway maintenance respons~ilities in a manner, which involves working across jurisdictional boundaries. County agrees to maintain certain public highways, or portions of public highways, located within the town limits of Marana in exchange for Marana's agreement to maintain certain public highways, or portions of public highways, located within the unincorporated areas of Pima County. i 4 1 ! Page 1 oflO Marana agrees to maintain certain public highways, or portions of public highways, located within the unincorporated areas of Pima County in exchange for County's agreement to maintain certain public highways, or portions of public highways located within the town limits of Marana. NOW, TItEREFORE, County and Marana, in consideration of the benefits and obligations herein provided, mutually agree as follows: Purpose. The purpose of this Intergovernmental Agreement is to set forth the respons~ilities of the parties for the cooperative maintenance of certain highways within the parties' respective jurisdictions. Obligations of County. County shall provide highway maintenance services on those highways or portions thereof within Marana town l/mits as described in the attached Exhibit "A". ' County shall perform highway maintenance services in conformance with current County standards and accepted engineering practices. County shall not be responsible for maintenance, repair, replacement or any other service on traffic control devices within Marana town limits. Marana shall remain responsible for all traffic control sJ~% devices, and signals within town limits; County shall remain responsible for all traffic control signs, devices and signals within unincorporated areas. This agreement covers only routine maintenance of highways and striping. New installations, investigations, engineering, and betterments remain the responsibility of the respective juriadiction. County, when requested by Town, will provide sign fabrication services for specialty signs, street name signs, or other signs typic, ally not readily available fi.om a signing vendor. Town will provide the design and layout details for such signs. Acceptance of sign fabrication assignments by County is dependent on workload and production capability. County will invoice Town for actual cost of sign fabrication, including adminlgtrative overhead. Contact person: County Traffic Engineer, 1313 S. Mission Road, Tucson, AZ 85713. Obligations ofMarana: Mamna shall provide highway maintenance services on those highways or portions thereof within unincorporated Pima County as described in the attached Exhibit 'A". Mamna shall perform highway maintenance services in conformance with current County standards and accepted engineering practices. Marana shall not be responsible for maintenance, repair, replacement or any other service on traffic control devices outside Marana town limits. Marana shall remain respons~le for all traffic control signs, devices, and signals within town limits; County shall remain responsible for all traffic control signals within unincorporated areas. This agreement covers only routine maintenance of highways and striping. New installations, investigations, engineering, and betterments remain the responsib'flity of the respective jurisdiction~ Routine Maintenance Standards. All maintenance services provided by the parties under this Agreement shall conform to the following standards and schedules. These schedules are typical and will vary depending on needs and weather. Reg~flarly occtlrring and intermittent maintenan~ activities shall be performed on a schedule consistent with normal County / Marana maintenance schedules. 1 1 4 4 ! i 4 Page 2 of 10 Maintenance Activit~ Unpaved road grading Shoulder grading Shoulder repair Vegetation management Sweeping (curbed streets) Sweeping (non curbed streets) Dminageways AC pothole patching Storm clean up Striping Cycle 6-8 weeks 2 times / year if needed as needed 4 times / year 2 times / year 2 times / year 1 time / year average 30 times per year average 30 times per year 2 times / year; see below Additional definitions / clarifleatione Vegetation Management~ Vegetation management on highway shoulders or drainageways adjacent to highways shall be performed as determined by the maintaining party. This work consists of management of vegetation that encroaches into traffic and management of sight distance. If vegetation impairs sight distance, it shall be removed within two weeks of notification of the problem General plant maintenance and irrigation system maintenance is excluded. ..Drainage Maintenance. Drainage maintenance consists of vegetation and sediment control in the areas of inlets & outlets. Potholes. Potholes that pose a risk to the traveling public shall be patched by the maintaining party the same day, or barricaded and patched within 24 hours of notification of their existence; other potholes shall be patched within 72 hours of notification of their existence. Striping. Centerline striping shall be reapplled two times per year. Edge lines shall be applied one time per year on a schedule which follows the center line striping; i.e., one side applied upon first center line striping, other edge applied upon second annual center line striping. Pavement marking legends, stop lines and transverse markings will be maintained on as-needed basis. Highway Exhibit Updates. All modifications, additions and subtractions to highways or portions of highways listed in Exhibit "A' shall be made by addendum approved by the Pima County Administrator and the Marana Director of Public Works. This document will be reviewed as needed, at least annually. Right of Entry. Execution of this Agreement by the County grants Mamna the right to enter upon County rights-of-way for covered segments for the purposes of this Agreement and execution of this Agreement by Marana grants County the right to enter upon Marana rights-of-way for covered segments for the purposes of this Agreement. I i 4 4 4 9 Page 3 of 10 10. 11. Permits. The parties shall cooperate with one another in securing any necessary approval, permission or permits required to perform the services agreed to herein. 8. Term and Termination of Intergovernmental Agreement. 8.1. ~. This Intergovernmental Agreement shall be effective on the date it is recorded with the Pima County Recorder and shall remain in effect for a period often (10) years fi.om the effective date, unless earlier terminated by either party under Section 8.2. below. 8.2. Termination. County or Marana may terminate this Intergovernmental Agreement by giving sixty days written notice to the other of such termination. 9. Indemnification. 9.1. ..Mutual Indemnity. To the fullest extent permitted by law, each party to this Agreement shall indemnify, defend and hold the other party, and its officers, employees and agents, harmless fi.om and against any and all suits, actions, legal or administrative proceedings, claims, demands, liens, losses, fines or penalties, damages, liability, interest, attorney's, consultant's and accountant's fees or costs and expenses of whatsoever kind and nature, resulting fi'om or arising out of any act or omission of the indemnifying party, its officers, agems or employees whether intentional, negligent, grossly negligent, or amounting to a breach ofcommct, in connection with or incident to the performance of this Agreement. 9.2. Notice. Each party shall notify the other in writing within thirty (30) days of the receipt of any claim, demands, suits or judgments against the receiving party for which the party intends to invoke the provisions of this Article. Each party shall keep the other party informed on a current basis of its defense of any claims, demands, suits, or judgments under this Article. 9.3. Insurance. Contracted maintenance work will require indemnification oftbe highway owner as desen'bed herein and not less than the following insurance. Commercial General Liability - $1,000,000; Commercial Automobile Liab'tlity - $I,000,000 Combined single limit; Statutory Worker's Compensation including Employers Liability - $500,000. The highway owner shall be named as an additional insured on the Commercial General Liability insurance policy. Insurance. When requested by the other party, each party shall provide proof to the other of their worker's compensation, automobile, accidem, property damage, and liability coverage or program of self-insurance. Books and records. Each party shall keep and maintain proper and complete books, records and accounts, which shal/be open for inspection and audit by duly authorized representatives of any other party at all reasonable times. 4 4 1 -4 Page 4 of 10 12. Construction of Agreement. 13. 14. 15. 12.1. Entire Agreement. This instrument 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 hereim 12.2. Amendment. This agreement shall not be modified, amended, altered or changed except by written agreement signed by both parties. A Chief Administrative Officer of either party (County - County Admires' trator; Town - Director of Public Works) or their designate may revise the listing contained in this agreemem (Exhibit A) at any time upon mutual agreement. 12.3. Construction andlnterpretation. All provisions of this Agreement shall be construed 'to be consistent with the intention of the parties as expressed in the recitals hereof. 12.4. Captions and Headings. The headings used in this Agreement are for convenience only and are not intended to affect the meaning of any provision of this Agreement. 12.5. Severabilit~. In the event that any provision of this Agreement or the application thereof is declared invalid or void by statute or judicial decision, such action shall have no effect on other provisions and their application which can be given effect without the invalid or void provision or application, and to this extent the provisions of the Agreement are severable. In the event that any provision of this Agreement is declared invalid or void, the parties agree to meet promptly upon request of the other party in an attempt to reach an agreement on a substitute provision. Legal JmSsdiction. Nothing in this Intergovernmental Agreement shall be construed as either limiting or extending the legal jarisdiction of County or Maranm No Joiff~ Venture. It is not intended by this Intergovernmental Agreement to, and nothing contained in tl~ Intergovernmental Agreement nhall be construed to, create any partnership, joint venture or employment relationship between the parties or create any employer- employee relationship between County and any Marana employees, or between Marana and any County 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. No Third Party Beneficiaries. Nothing in the provisions of this Agreement is intended to create duties or obligations to or fights in third parties not parties to this Agreement or affect the legal liability of either party to the Agreement by imposing any standard of care with respect to the maintenance of streets and highways different fi.om the standard of care imposed by law. 1 4 4 i 4 4 Page 5 ofl0 16. 17. 18. 19. Compliance with Laws. The parties shall comply with all applicable federal, state and local laws, rules, regulations, standards and executive orders, without limitation to those designated within this Agreement. 16.1. Anti-Discrimination. The provisions ofA.R.S. § 41-1463 and Executive Order Number 99-4 issued by the Governor of the State of Arizona are incorporated by this reference as a part of this Intergovernmental Agreement. 16.2. Americans with Disabilities Act. This Agreement is subject to all applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. 12101-12213) and all applicable federal regulations under the Act, including 28 CFR Parts 35 and 36. 16.3. A.R.S. .q 38-511. This Intergovernmental Agreement is subject to the provisions of A.P~S. § 38-511. 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 term, covenant or condition, or any subsequent breach of the same or any other term, covenant, or condition herein contained. Force Majeure. A party shall not be in default under this Agreement if it does not fi~lfill 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, lighming, 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~ Notification 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: Notice to County: Director Depm tment of Transportation 201 N. Stone 3rd Floor Tucson, Arizona 85701 (520) 740-6410 Notice to Marana: Farhad Moghim{: Director Public Works Department 3696 W. Orange Grove Road Tucson, Arizona 85741 (520) 297-2920 Page 6 ofl0 20. Remedies. Either party may pursue any remedies provided by law for the breach of this Agreement. No right or remedy is intended to be exclusive of any other right or remedy and each shall be cumulative and in addition to any other right or remedy existing at law or in equity or by virtue of this Agreement. In Witness Whereof, County has caused this Intergovernmental Agreement to be executed by the Chair of its Board of Supervisors, upon resolution of the Board and attested to by the Clerk of the Board, and Marana has caused this Intergovernmental Agreement to be executed by the Mayor of the Town of Marana upon resolution of the Mayor and Council and attested to by its Clerk. ATTEST: TOWN OF Marana: ATTEST: PIMA COUNTY: Lori Godoshian Clerk of the Board Sharon Bronson, Chair Board of Supervisors Date Date 1 4 i 4 9 Page 7 of 10 Approval The foregoing Intergovernmental Agreement between Pima County and the Town of Marana has been reviewed by the undersigned, and is hereby approved as to content. Brooks A. Keenan, P.E. Director Pima County Department of Transportation and Flood Control District Date Farhad Moghimi, P.E. f Director Town of Marana Public Works Department Date Page 8 of 10 Intergovernmental Agreement Determination The foregoing Intergovernmental Agreement between Pima County and the Town of Marana 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. Pima County: Deputy County Attorney Date Town of Marana: Date Page 9 of 10 Agreement Between Town of Marana and Pima County Street Maintenance and Striping Exhibit A Town of Marana Miles Trico Marana - Wentz to Sandario 2.00 Camino De Mafmna - 1-10 to Moore 2.03 Tangerine - State R/W east of I-10 to Thomydale (road maintenance only) 3.74 Total 7.77 Pima County Twin Peaks - Silverbell west 2.55 miles Awa Valley - Sanders west Silverbell - Ina to Sunset *Linda Vista - Camino de I~lafinna east Sunset - SilverbeH west Tangerine - State R/W east of 1-10 to Thornydale (striping only) Cortaro - State R/W east of 1-10 to Cerius Ha~haan- 0.2 miles south of Linda Vista Total Miles 1.52 0.50 0.71 0.75 0.73 2.98 0.20 0.20 7.59 The highway limits noted above are not equal to the extreme limits of the highways within both party's jurisdictions. The miles listed are only to indicate the distances related to exchange of service. For example, Camino De Ma_qana is approximately 5.75 miles long, only 2.03 miles of which lie within Pima County. * Pima County will surface Linda Vista fi.om Camino De Mafiana to the town limit (triple chip seal or better) in exchange for services previously provided by Marana on County roads. This exhibit should be reviewed as changing conditions warrant (i.e., annexations) or at least annually. Page 10 of 10