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HomeMy WebLinkAboutResolution 97-046 IGA for area-wide water quality planning studyMARANA RESOLUTION NO. 97-46 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF MARANA, ARIZONA AUTHOR~77NG THE TOWN TO ENTER INTO AN INTERGOVERNMENT~ AGR WITH PIMA COUNTY FOR ~ JOINT PARTICIPATION IN AN AREAWIDE WATER QUALITY PLANNING STUDY. WHEREAS, the Wastewater Management Department of County is responsible for the operation and maintenance of publicly-owned wastewater treatment facilities in Pima County; and WHEREAS, the Town and County have entered into an Intergovernmental Agreement which provides for public sanitary sewerage services to the area within Town boundaries by the County; and WHEREAS, County and Town desire to participate joinfly in the preparation of an areawide water quality planning document for sewerage service within the Town and adjoining areas; and WHEREAS, County and Town desire to update prior planning studies related to wastewater infrastructure planning for the Town in conformance with the 208 planning guidelines; and WNI~EAS, it is in the best interest of the citi~eus of the Town of Mararia that the Town enter into the Intorgovemmental Agreement with Pima County for the joint participation in an areawide water quality planning study. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Mararia, Arizona that the Mayor is authorized to execute the Intergovernmental Agreement with Pima County for joint participation in an areawide water quality planning study, att~._ched hereto as Exhibit A, effective from the date of signature of both of the parties to the Agreement and upon recordation with the Office of the Pima County Recorder. PASSED AND ADOtrI'EI) by the Mayor and Council of the Town of Marana, Arizona, this 3rd daY/9f June, 1997. Town 7 APPROVED AS TO FOR~f: Town Attorney ram, A~o.~ ~ou t~o. ~7~ Page 1 of 1 EXHIBIT A INTERGOVERNMENTAL AGREEMENT between PIMA COUNTY and the TOWN of MARANA THIS INTERGOVERNMENTAL AGREEMENT entered into thi~ day of ~-....~ ,, , /~¥~, pursuant to A. R. S. Sec. 11 - 952, between PIMA COUNTY, a body politic and corporate of the State of Arizona, (hereinafter "County") and the TOWN of MARANA, Arizona, a municipal corporation, (hereinafter "Town") RECITALS County is empowered by A. R. S. Sec. 11 - 264 to operate a sewage system. The Wastewater Management Department of County is responsible for the operation and maintenance of publicly - owned wastewater treatment facilities in Pima County. The Town and County have entered into an Intergovernmental Agreement which provides for public sanitary sewerage services to the area within Town boundaries by the County. County and Town desire to participate jointly in the preparation of an areawide water quality planning document for sewerage service within the Town and adjoining areas. Town has adopted the Marana General Plan to be used as a planqing guide for wastewater infrastructure and the development of a Capital Improvement Program. County and Town desire to update prior planning studies related to wastewater infrastructure planning for the Town in conformance with the 208 planning guidelines. CONTRACT.WPD A-] 4/23/97 Pima County/Marana I.G.A. 208 A.W.Q.P. Update ARTICLE 1. 208 Areawide Water Quality Planning Study 1.1 County's consultant (hereinafter "Consultant") shall prepare the 208 Areawide Water Quality Planning Study for the Town of Marana (hereinafter "Study'), the subject of this I.G.A., based on the Scope of Work attached as Appendix A. ARTICLE 2. Cost Sharing of Consultant Work 2.1 Town and County shall share the costs of the Consultant's work described in Appendix A based on mutual consent. The County shall pay for Tasks 1,2, 3 and 4. Town shall pay for Tasks 5 and 6. County and Town shall share equally the costs for tasks 7, 8, 9, 10, 11 and 12. Total costs to County will not exceed eighty-one thousand dollars ($ 81,000.00). Total costs to Town will not exceed forty-five thousand dollars ($ 45,000.00). 2.2 The parties may agree to expand the Scope of Work by contract addenda and said costs shall be shared by the parties as agreed and included in the addenda executed in accordance with the provisions of Article 7 of this Agreement. ARTICLE 3. Consultant Direction and Work Product Approval 3.1 Town and County will be on an evaluation committee to select a consultant. Work products of the Consultant will be jointly approved by Town and County wastewater technical staff. The consultant selection, direction and work product approval will be mutually agreed upon by the Town and County. ARTICLE 4. Cost Submittal 4.1 County shall submit to Town detailed summaries of billed Consultant costs on a monthly basis with a statement for payment of cost share. All final cost sharing reconciliation will be done within 45 days of the Consultant's final payment request. CONTRACT. WPD A - 2 4123/97 Pima County/M. arana LG.A. 2O8 A.W.Q.P. Update ARTICLE 5. Financial Records and Audit 5.1 Town and County shall maintain books, records, documents and other evidence directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles and practices consistently applied. Town and County shall also maintain the financial information and data used by each of them respectively in the preparation or support of the Cost Submittal and a copy of the Cost Submittals by each party to the other. Each party shall have access to the other's books, records, documents and other evidence for inspection, audit and copying. Each party shall provide the other with proper facilities for such access and inspection. 5.2 Audits conducted under this Section shall be in accordance with generally accepted auditing standards and established procedures and guidelines of the reviewing auditing agencies. 5.3 Town and County agree to the disclosure of all information and reports resulting from access to records under paragraph A of this Section to each party's designated auditor, provided that each party is afforded the opportunity for an audit exit conference and an opportunity to comment and submit any supporting documentation on the pertinent portions of the draft audit report and that the final audit report will include written comments of reasonable length, if any, of the other party. ARTICLE 6. Term 6.1 This Agreement shall be effective upon the adoption of this Agreement by all parties and by recording the original executed Agreement in the Office of the Pima County ReCOrder. 6.2 This Agreement shall be terminated upon completion, and acceptance by the Town and County, of the Consultant work, as specified in the contract documents; provided, however, that the payment obligations of all the parties shall survive termination of this Agreement. CONTK~"i'.WPD A - -~ 4/23/9? Pima County.qMarana I.G.A. 208 A.W.Q,P. Update ARTICLE 7. Integration; Modification 7.1 This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof and all prior or contemporaneous agreements and understandings, oral or written, are hereby superseded and merged herein. The provisions hereof may be abrogated, modified, rescinded or amended in whole or in part only by written instrument executed by the parties hereto and recorded with the County Recorder for Pima County, Arizona. ARTICLE 8. Governing Law 8.1 This Agreement is entered into in the State of Arizona and shall be governed by and construed under the laws thereof. ARTICLE 9. Notices 9.1 All notices, demands, instructions, approvals or other communications required or permitted to be given hereunder shall be in writing and shall become effective twenty - four hours after such are deposited in the United States mail, postage prepaid, addressed as shown below, or to such other address as either party hereto may, from time to time, designate in writing pursuant thereto: If to Town: If to County: David M. Atler, P.E. Marana Public Works Director /Town Engineer 13555 North Sanders Road Marana, Arizona 85653 Kathleen M. Chavez, P.E. Capital Development Division Manager 201 North Stone Avenue - 8th Floor Tucson, Arizona 85701 The place of notice for a party may be modified by written notice to the other party. ARTICLE 10. Conflict 10.1 This Agreement is subject to the provisions of A.R.S. 38 - 511. ARTICLE 11. Legal Jurisdiction 11.1 Nothing in this Agreement is to be construed as either limiting or extending the legal jurisdiction of any party to this Agreement. coN'rua,~c'r.wPB A - 4 4/23/97 Pima County,,'Marana I.G.A. 208 A.W.Q.P. Update ARTICLE 12. Budget 12.1 The parties represent that they have within their respective budgets sufficient funds to discharge the obligations and duties assumed under this Agreement. Should either party fail to obtain continued funding during the term of this Agreement, through a failure of appropriation or approval of funds, this Agreement shall bb deemed to terminate by operation of law. Termination shall be effective on the last day of the fiscal year in which funds have been appropriated or approved. ARTICLE 13. Indemnity 13.1 County shall to the extent permitted by Arizona law indemnify, defend and hold harmless Town, its officers, departments, employees and agents from, for and against any and all suits, actions, legal or administrative proceedings, claims, demands or damages of any kind or nature which are attributed to any law, ordinance, regulation or policy or to any act or omission of County, its agents, employees, or anyone acting under its direction, control or on its behalf, whether intentional or negligent, in connection with or incident to this intergovernmental Agreement or the services provided hereunder. 13.2 Town shall to the extent permitted by Arizona law indemnify, defend and hold harmless County, its officers, departments, employees and agents from, for and against any and all suits, actions, legal or administrative proceedings, claims, demands or damages of any kind or nature which are attributed to any law, ordinance, regulation or policy or to any act or omission of Town, its agents, employees, or anyone acting under its direction, control or on its behalf, whether intentional or negligent, in connection with or incident to this Intergovernmental Agreement or the services provided hereunder. ARTICLE 14. Timeliness 14.1 Each of the parties, through their respective counsel, officers and employees, agree to take such actions as may be necessary to carry out the terms of this Intergovernmental Agreement, and to cause such documents as may be necessary to be executed with reasonable promptness. Time is of the essence in the Agreement and each of its provisions. Additionally, County agrees, with Town's cooperation, to proceed in an expeditious manner in the selection and contract award to Consultant and to work with Consultant so that Consultant's work is completed expeditiously. CONTRACT.WPD A- 5 4/23/97 Pima CountyfMarana I.G.A, 208 A,W.Q.P. Update ARTICLE 15. Default 15.1 The performance or failure to perform any one or more of the following acts constitutes a default under the provisions of this Agreement: 15.1.1 Failure of either party to cure any breach of contrabt within fifteen (15) days after receipt of written notice. 15.1.2 Making a general assignment for the benefit of creditors. ARTICLE 16. Remedies 16.1 Upon the default of either party, the non-defaulting party may elect to pursue any remedy available at law or equity. ARTICLE 17. 17.1 If this Intergovernmental Agreement is determined, in whole or in part, to be void by court action brought by third persons, there shall be no liability on the part of County or Town to the other by reason of such action or by reason of this Intergovernmeni:al Agreement. CONTRACT.WPD A- 6 4~3~7 Pima County/Marana I.G.A. 208 A.W.Q.P. Update IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. PIMA COUNTY Chairman, Board of Supervisors TOWN of MARANA Mayor O ~-~-. ,~'~ ./x:A/~.'-/-~... A'FrEST: Clerk of the Board APPROVED PURSUANT TO A.R.S. Sec. 11 - 952 (d): Deputy County Attorney APPROVED PURSUANT TO A.R.S. Sec. 11 - 952 (d): CONTRACT. WPD A - 7 4/23197 Pima County/Marana I.G.A. 208 A.W.Q.P. Update APPENDIX A SCOPE OF PROFESSIONAL SERVICES FOR THE 208 AREAWH)E WATER QUALITY PLAN AMENDMENT FOR THE TOWN OF IVIARANA PIMA COUNTY WASTEWATER MANAGEMENT DEPARTMENT The objective of the report that is being requested is to produce a planning document that proposes a solution(s) to the public sewerage needs for the Town of Marana that may be used as a basis for an Areawide Water Quality Management 208 Plan Amendment Report. The Scope of Work for this report shall consist of the following tasks: Task 1. EXECUTIVE SUMMARY Task 2. INTRODUCTION 2.1 2.2 Purpose: State the purpose of this report. Wastewater Background: Summarize wastewater planning and treatment history. Note existing facilities within the planning area (refer to the attached planning area illustration). 2.2.1 Original 208 Areawide Water Quality Management Plan (PAG) 2.2.2 Marana Master Sewerage Plan Study (Johnson-Brittaln & Assoc.; 1985) 2.2.3 Marana Study Area 208 Consistency Report (Sverdmp; 1988) 2.2.4 Adopted 208 Plan Amendments in the planning area. 2.2.5 Metropolitan Area 201 Facility Plan (Malcolm Pinfie, Inc,; 1990) 2.2.6 Marana General Plan (CSC/Counts; 1996) 2.3 Institutional Background: Summarize the important legislation that will affect wastewater planning for the area. 2.3.1 Surface Water Quality Standards and Aquifer Water Quality Criteria 2.3.2 State Effluent Reuse Guidelines 2.3.3 Arizona Groundwater Management Act: Second Management Plan 2.3.4 Underground Water Storage, Savings and Replenishement 2.3.5 Assured and Adequate Water Supply Rules and Regulations 2.3.6 Effluent Ownership 2.3.7 Jurisdictions' sco~ 3 A - 8 January 14,1996 Pima County/Marana I.G.A. 208 A.W.Q.P. Update 2.4 In Progress: Summarize the current status and progress of ongoing studies and reports in the planning area. 2.4.1 Wastewater / Effluent Related Studies 2.4.1.1 2.4.1.2 2.4.1.3 2.4.1.4 Northwest Replenishment Project Pima County Flood Control District Levee Project High Plains Effluent Recharge Project Corps of Engineers Santa Cruz River Watershed Study 2.5 Discussion of Objectives: Having presented the past efforts in wastewater planning for the Marana area and the current undertakings in not only wastewater planning, but the development of the Town itself, identify and discuss the changes that have occurred. Contrast these changes with the recent changes to the legislation and with other influencing factors that have occurred since the conception of the original 208 Plan. Use this to arrive at a justification for the purpose(s) of this study as presented in 2.1. Task 3. DATA ON THE MARANA PLANNING AREA 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 Location Geology Hydrology Groundwater Quality Land Use Zoning Population (Sewered and Unsewered) 20 Year Projections 3.8.1 Population (Sewered and Unsewered) 3.8.2 Wastewater Flow Projections (adwf, pdwf, pwwf) 3.8.3 Anticipated Water Quality Standards and Treatment Levels Scop~ 3 A - 9 $~u~-y 14,1996 Pima County/Marana I.G.A. 208 A.W.Q,P. Update Task 4. EXISTING REGIONAL TREATMENT FACILITIES 4.1 Ina Road Water Pollution Control Facility (WPCF) 4.1.1 Location 4.1.2 Description of W'PCF 4.2 4.1.2.1 4.1.2.2 4.1.2.3 4.1.2.4 Current capacity Level of treatment and water quality Effluent and sludge disposal methods Regulatory permitting 4.1.3 Identify service area and develop tributary flows (adwf, pdwfand pww0 within the planning area boundary. Existing Marana Wastewater Treatment Facility (W'WTF) 4.2.1 Location 4.2.2 Description of WWTF 4.2.2.1 Current capacitry 4.2.2.2 Level of treatment and water quality 4.2.2.3 Effluent and sludge disposal methods 4.2.2.4 Regulatory permitting 4.2.3 Identify service area and develop tributary flows (adwf, pdwfand pwwf) Task 5. 5.1 Task 6. 6.1 6.2 EXISTING CONVEYANCE FACILITIES Summarize, by way of text and graphics, the existing pump stations, treatment facilities and interceptors within the Marana planning area. EXISTING PRIVATE DISPOSAL SYSTEMS Summarize the existing private disposal facilities within the Marana planning area. Estimate the number of existing individual septic systems (including map). Scope 3 A - 10 J~.u~ 14,1996 Pkna County/Marana I.G.A. 208 A.W. QP. Update Task 7. 7.1 Task 8. 8.1 WASTEWATER PLANNING CRITERIA Growth Projections: Use the Marana General Plan to examine the proposed growth for: 7.1.1 Possible locations suitable for treatment facilities (i.e. WWTF, WRY, Wetlands, etc) 7.1.2 Potential locations for effluent reuse. DEVELOP TREATMENT ALTERNATIVES (List each and provide the following information) (include 'no action' alternative) Ina WPCF Service Area (within the planning area) 8.1.1 Projections for each alternative: Present flows Projected flows Required capacity Treatment process Effluent quality Effluent use Project phasing Costs Residuals management 0Biosolids) Permitting Legal, Social and Environmental Scop~ 3 A - l 1 January 14, 1996 Pima County/Marana I.G.A, 208 A.W.Q.P, Update 8.2 North Marana Service Area 8.2.1 Projections for each alternative: Present flows Projected flows Required capacity Treatment process Effluent quality Effluent use Project phasing - identify interim facilities required Costs Residuals management (Biosolids) Permitting Legal, Social and Environmental Task 9. DEVELOP CONVEYANCE ALTERNATIVES (Interceptor Routes) 9.1 Computer Modeling of Wastewater Collection Systems 9.1.1 The Consultant will be responsible for developing the land use, population and wastewater flow data necessary to run a computer model of the existing and proposed wastewater systems. Pima County Wastewater Management will make available to the Consultant the WCMS dataI and metered flow data collected for the existing Marana sewerage system. The Consultant will be responsible for assembling this information, and supplementing as necessary, into a complete and workable database, 9.1.2 The Consultant will use the most recently updated version of the "Pipedream" software as developed by Wade & Associates, Inc. of Lawrence, Kansas. Pima County will not provide the software. 9.1.3 The Consultant will submit to Pima County a workable database which is compatable with the most recently updated version of the "Pipedream" modeling soilware. I Contact Bob Decker with Operations at (520) 326 - 4333 for WCMS data; Mike Willeli at (520) 740 - 6565 for flow motoring info; Jerry Shatton at (520) 740 - 6571 for supplemental info (maps & records) Scope3 A - 12 January 14, 1996 Pima County/Marnna I.G.A. 208 A.W.Q.P. Update 9.2 Ina Road WPCF Service Area (within the planning area) 9.2.1 Projections for each alternative Existing flows Projected flows Interceptor Routes Interceptor sizing Project phasing Costs 9.3 North Marana Service Area 9.3.1 Projections for each alternative Existing flows Projected flows Interceptor Routes Interceptor sizing Project phasing (identify interim facilities and note schedule) Costs Task I0. COST EVALUATIONS (provide following information for each treatment and conveyance alternative) I0.1 Construction costs (including land acquisition) and Responsibility 10.2 Operation and Maintenance Costs 10.3 Environmental Costs (costs attributable for regulatory compliance) 10.4 Present Worth Analysis 10.5 Future Costs Task 1 1. FUNDING OPTIONS AND IMPACT TO RATEPAYERS 11.1 Capital Funding (Bonds, SDF, Improvement District, State Revolving Fund, Reclamation, Federal Funding, etc.) 1 1.2 O & M (Sewer Fees, Wholesale, Retail) I 1.3 Funding and Phasing Responsibility sco~3 A - 13 Janua~' 14,1996 Pima County/Marana I.G.A. 208 A.W.Q.P. Update Task 12. RECOMMENDATIONS 12.1 Wastewater Capital Improvement Program (include cost estimates and schedule based on projected flows) 12.2 Treatment 12.3 Conveyance Scope 3 A - January 14,1996