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HomeMy WebLinkAboutResolution 2009-156 IGA with ADOT for pavement preservationMARANA RESOLUTION N0.2009-156 RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH THE ARIZONA DEPARTMENT OF TRANSPORTATION RELATING TO AUTHORIZED APPROPRIATIONS FOR THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 FOR THREE PAVEMENT PRESERVATION PROJECTS WHEREAS the state is empowered by the Arizona Revised Statutes section (A.R.S. §) 28-401 to enter into agreements relating to authorized appropriations for the American Recovery and Reinvestment Act of 2009 (the ARRA); and WHEREAS the Town of Marana is empowered by A.R.S. § 9-240 to enter into agreements with the state and other government entities to carry out joint and cooperative actions; and WHEREAS Congress has authorized appropriations for the ARRA for the disbursement of funds and investment in certain projects, including but not limited to roads, bridges, mass transit, en- ergyefficient buildings, flood control, clean water and other infrastructure prof ects to save and create jobs for long term growth and stability; and WHEREAS the work proposed under the agreement addressed by this resolution consists of approximately eight miles of pavement preservation, including chip-sealing, milling, and overlaying existing roadway surfaces on Twin Peaks Road at Rattlesnake Pass (from Silverbell Road to Con- veyor Road), Tangerine Road (from I-10 to Thornydale Road), and Sandario Road (from Moore Road to Marana Road); and WHEREAS the Mayor and Council of the Town of Marana feel it is in the best interests of the citizens to enter into this intergovernmental agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the intergovernmental agreement between the Town of Marana and the State of Arizona attached to and incorporated by this reference in this resolution as Exhibit A is hereby approved, and the Mayor is hereby authorized to execute it for and on behalf of the Town of Marana. IT IS FURTHER RESOLVED that the Town's Manager and staff are hereby directed and au- thorized to undertake all other and further tasks required or beneficial to carry out the terms, obliga- tions, and objectives of the intergovernmental agreement. Marana Resolution 2009-156 - 1 - [GA ADOT - ARRA PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this. 15th day of September, 2009. Mayor E Honea ATTEST: ~ celyn C onson, Town Clerk APPROVED AS TO FORM: _~' ~ ~% H Frank Cassidy, own Attorney, l x. ° d, Marana Resolution 2009-156 - 2 - IGA ADOT - ARRA ADOT File No.: IGA/JPA 09-059I AG Contract No.: P001 2009 003028 Project No.: Project: Pavement Preservation Section: Rattlesnake Pass-Various Roads TRACS No.: SS742 RRD / 01C Budget Source Item No.: ARRA INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA AND TOWN OF MARANA THIS AGREEMENT is entered into this date sober I , 2009, pursuant to the Arizona Revised Statutes § 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"). The State and the Town are collectively referred to as "Parties". I. RECITALS 1. The State is empowered by Arizona Revised Statutes § 28-401 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 § 9-240 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. Congress has authorized appropriations for the American Recovery and Reinvestment Act of 2009 (ARRA 2009) for the disbursement of funds and investment in certain projects, including but not limited to, roads, bridges, mass transit, energy efficient buildings, flood control, clean water and other infrastructure projects to save and create jobs for long term growth and stability 4. The work proposed under this Agreement consists of approximately eight (8) miles of pavement preservation, to include fog seal, chip-seal roadway surfaces and mill and overlay existing roadway surfaces, at Rattlesnake Pass (from Silverbell Road to Conveyor Road), Tangerine Road (from I-10 to Thornydale Road) and Sandario Road (from Moore Road to Marana Road), hereinafter referred to as the "Project". The State shall advertise, bid and award the Project. 5. Such Project lies within the boundary of the Town of Marana and has been selected by the Town; the survey of the Project has been completed; and the plans, estimates and specifications will be prepared and, as required, submitted by the State to the Federal Highway Administration {FHWA) for its approval. 6. The interest of the State in this project is the acquisition and distribution of ARRA/Recovery Act Funds for the use and benefit of the Town and to authorize such ARRA/Recovery Act Funds for the project pursuant to Federal law and regulations. The State shall be the designated agent for the Town. Page 2 IGA/JPA 09-059I 7. The ARRA/Recovery Act Funds will be used for the design and construction of the project, including the construction engineering and administration cost (CE). The current Project costs are as follows: TRACS No. SS742 RRD/01C ARRA/Recovery Act Funds (Maximum Available) $3,700,000.00 *TOTAL Project Costs $3,700,000.00 *(Includes CE and project contingencies) The parties acknowledge that the eventual actual cost may exceed the estimate, and such case the Town is responsible for any and all costs exceeding the estimate, upon mutual consent. THEREFORE, in consideration of the mutual Agreements expressed herein, it is agreed as follows: II. SCOPE OF WORK 1. The State will: a. Prepare and provide design plans, specifications and other such documents and services required for the construction bidding and construction of the Project and incorporate comments from the Town as appropriate. b. On behalf of the Town, perform work and prepare documents required by the FHWA to qualify certain projects for and to receive ARRA/Recovery Act Funds. Such work may consist of, but is not specifically limited to, the review and approval of the prepared environmental documents; the preparation of the analysis requirements for documentation of environmental categorical exclusion determinations; review of reports, design plans, maps, and specifications; geologic materials testing and analysis; right-of-way related activities and such other related tasks essential to the achievement of the objectives of this Agreement. c. Upon approval by the FHWA, and with the aid and consent of the Town and FHWA, proceed to advertise for, receive and open bids subject to the concurrence of the FHWA and the Town. The State will enter into a contract(s) with a firm(s) to whom the award is made for the construction of the Project. Administer contracts(s) for the Project and make all payments to the contractor(s). Be responsible for contractor claims for additional compensation caused by the Project delays attributable to the State. d. Enter into a Project Agreement with FHWA on behalf of the Town covering the work encompassed in said construction contract and will request the maximum ARRA/Recovery Act Funds available, including construction engineering and administration costs. Should costs exceed the maximum ARRA/Recovery Act Funds available, it is understood and agreed that the Town will be responsible for any excess cost not covered by ARRA/Recovery Act Funds. e. Not be obligated to maintain said Project, should the Town fail to budget or provide for proper and perpetual maintenance as set forth in this Agreement. f. Upon completion of the Project and receipt of request by the Town, provide an electronic version of the as-built plans to the Town of Marana, CIP Engineering Division Manager. Page 3 2. The Town will: IGA/JPA 09-059I a. Upon execution of this Agreement, designate the State as authorized agent for the Town. b. Review the design documents required for construction of the Project and provide comments to the State as appropriate. c. Certify that all necessary rights-of-way have been or will be acquired prior to advertisement for bid. Hereby also certifies that all obstructions or unauthorized encroachments of whatever nature, either above or below the surface of the Project area, shall be removed from the proposed right-of-way, or will be removed prior to the start of construction. d. Not permit or allow any encroachments upon or private use of the right-of-way, except those authorized by permit. In the event of any unauthorized encroachment or improper use, the Town shall take all necessary steps to remove or prevent any such encroachment or use. e. Grant the State, without charge, cost or additional documents and agreements, permission to enter Town lands as required to conduct all construction and pre-construction activities related to the Project, including and without limitation, temporary construction easements, or temporary right-of-entry. f. Be responsible for any and all costs attributable to any engineering change orders requested by the Town not covered by ARRA/Recovery Act Funds. The Town will also be responsible for contractor claims for additional compensation caused by Project delays attributable to the Town. g. Provide for cost and, as an annual item in the Town's budget, proper maintenance of the Project, including all of the Project components. h. Pay the State full compensation for all penalties, assessments or sanctions of any kind resulting from any failure to comply with any ARRA/Recovery Act requirement, including but not limited to, auditing, reporting and monitoring the project and its costs. in writing. Upon completion of the Project, agree to accept and assume full responsibility of said Project j. Upon completion of the Project, request from the State an electronic version of the as-built plans be forwarded to the Town of Marana, CIP Engineering Division Manager. III. MISCELLANEOUS PROVISIONS 1. The terms, conditions and provisions of this Agreement shall remain in full force and effect until completion of said Project, except any provisions for maintenance/electrical power and/or landscaping maintenance shall be perpetual by the Town. Further, this Agreement may be cancelled at any time prior to advertisement of the project construction contract, upon thirty days (30) written notice to the other party. It is understood and agreed that, in the event the Town terminates this Agreement, the State shall in no way be obligated to maintain said Project. It is further understood and agreed that, in the event the State terminates this Agreement, the Town shall in no way be obligated to complete said Project. 2. The State assumes no financial obligation or liability under this Agreement, or for any resulting construction Project. The Town, in regard to the Town's relationship with the State only, assumes full responsibility for the design, plans, specifications, reports, the engineering in connection therewith and the construction of the improvements contemplated, cost over-runs and construction claims. It is understood and agreed that the State's participation is confined solely to securing federal aid on behalf of the Town and the fulfillment of any other responsibilities of the State as specifically set forth herein; that any damages arising from carrying out, in any respect, the terms of this Agreement or any modification thereof shall be the liability of the Town and that to the extent permitted by law, the Town hereby agrees Page 4 IGA/JPA 09-059I to save and hold harmless and indemnify from loss the State, any of its departments, agencies, officers or employees from any and all costs and/or damage incurred by any of the above and from any other damage to any person or property whatsoever, which is caused by any activity, condition, misrepresentation, directives, instruction or event arising out of the performance or non performance of any provisions of this Agreement by the State, any of its departments, agencies, officers and employees, or its independent contractors, the Town, any of its agents, officers and employees, or its independent contractors. Costs incurred by the State, any of its departments, agencies, officers or employees shall include in the event of any action, court costs, and expenses of litigation and attorneys' fees. 3. The cost of design, construction and construction engineering work under this Agreement is to be covered by the ARRA/Recovery Act Funds set aside for this Project, up to the maximum available. The Town acknowledges that the eventual actual costs may exceed the maximum available amount of ARRA/Recovery Act funds, or that certain costs may not be accepted by the federal government as eligible for ARRA/Recovery Act funds. Therefore, the Town agrees to furnish and provide the difference between actual costs and the ARRA/Recovery Act Funds received. 4. The State will follow reporting requirements in accordance with Section 1201 and Section 1512 of the American Recovery and Reinvestment Act of 2009. 5. This Agreement shall be filed with the Arizona Secretary of State and shall not become effective until the date of said filing. 6. This Agreement may be cancelled in accordance with Arizona Revised Statutes § 38-511. 7. To the extent applicable under law, the provisions set forth in Arizona Revised Statutes § 35-214 and § 35-215 shall apply to this Agreement. 8. 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. The parties to this Agreement shall comply with Executive Order Number 99-4 issued by the Governor of the State of Arizona and incorporated herein by reference regarding "Non-Discrimination". 9. Non-Availability of Funds: Every payment obligation of the State under this Agreement is conditioned upon the availability of funds appropriated or allocated for the payment of such obligations. If funds are not allocated and available for the continuance of this Agreement, this Agreement may be terminated by the State at the end of the period for which the funds are available. No liability shall accrue to the State in the event this provision is exercised, and the State shall not be obligated or liable for any future payments as a result of termination under this paragraph. 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 § 12- 1518. 11. 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 Town of Marana Joint Project Administration Attn: Scott Leska 205 S. 17th Avenue, Mail Drop 637E 11555 West Civic Center Phoenix, Arizona 85007 Marana, Arizona 85653 (602) 712-7124 (520) 382-1999 (602) 712-3132 Fax (520) 380-2640 Fax Page 5 IGA/JPA 09-059I 12. Compliance requirements for Arizona Revised Statutes § 41-4401-immigration laws and E-Verify requirement: a. Both parties warrant compliance with all Federal immigration laws and regulations relating to employees and warrants its compliance with Section Arizona Revised Statutes § 23-214, Subsection A. b. A breach of a warranty regarding compliance with immigration laws and regulations shall be deemed a material breach of the contract, and the parties may be subject to penalties up to and including termination of the Agreement. c. The State retains the legal right to inspect the papers of any employee who works on the Project to ensure that the Town or subcontractor is complying with the warranty under paragraph (a). 13. Pursuant to Arizona Revised Statutes § 35-391.06 and§ 35-393.06, each Party certifies that it does not have a scrutinized business operation in Sudan or Iran. For the purpose of this Section the term "scrutinized business operations" shall have the meanings set forth in Arizona Revised Statutes § 35- 391and/or § 35-393, as applicable. If any Party determines that another Party submitted a false certification, that Party may impose remedies as provided by law including terminating this Agreement. 14. In accordance with Arizona Revised Statutes § 11-952 (D) attached hereto and incorporated herein is the written determination of each party's legal counsel and 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 `. ~. By ~°~-e. ED N A Mayor STATE OF ARIZONA Departm nt of TrMansportation By `- 1 SAM MAROU HANI, P.E. Deputy State Engineer, Development ATTEST: Y CEL C.BRONSON own rk IGA/JPA 09-059I ATTORNEY APPROVAL FORM FOR THE TOWN OF MARANA I have reviewed the above referenced Intergovernmental Agreement between the State of Arizona, acting by and through its DEPARTMENT OF TRANSPORTATION, and the TOWN OF MARANA, an Agreement among public agencies which, has been reviewed pursuant to A.R.S. § 11-951 through § 11-954 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. No opinion is expressed as to the authority of the State to enter into this Agreement. DATED this ` ~~ day of , 2009. ~~T Attorney '~ CIVIL DlvisroN TRANSPORTATION SECTION Writer's Direct Line: OFFICE OF THE ATTORNEY GENERAL 602.542.8855 TERRY GODDARD STATE OF ARIZONA Faesimife: 602.542.3646 E-mail: Susan Davis@azag.gov Attorney General INTERGOVERNMENTAL AGREEMENT DETERMINATION A.G. Contract No. P0012009003028 (IGA/JPA 09-059-I), an Agreement between public agencies, i.e., The State of Arizona and Town of Marana, has been reviewed pursuant to A.R.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. 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 September 28, 2009 TERRY GODDARD Attorney General SUSAN E. DAVIS Assistant Attorney General Transportation Section SED:mjf:572381 Attachment 1275 West Washington, Phoenix, Arizona 85007-2926 • Phone 602-542-1880 Fax 602 -542-3646