HomeMy WebLinkAboutResolution 2006-077 IGA with ADOT for the signalization of the tangerine interchange
MARANA RESOLUTION NO. 2006-77
RELATING TO TRANSPORTATION; AUTHORIZING THE EXECUTION OF AN
INTERGOVERNMENTAL AGREEMENT WITH THE ARIZONA DEPARTMENT OF
TRANSPORTATION FOR THE SIGNALIZATION OF THE TANGERINE INTERCHANGE.
WHEREAS, it is necessary for- the Town of Marana to construct Tangerine Farms Road
from Interstate 10 to Moore Road as delineated within the plans titled Tangerine Farms Road,
Moore Road to Interstate 10, Town of Marana project no. 2004-36; and
WHEREAS, the construction of Tangerine Farms Road will necessitate improvements to
the existing Tangerine Interchange on Interstate 10, which the Town of Marana will undertake;
and
WHEREAS, the Needed Improvements consist of roadway ramp widening and the
signalization of the ramp intersections; and
WHEREAS, the Arizona Department of Transportation is willing to reimburse the Town
of Marana for the construction of the traffic signal serving the westbound Interstate 10 ramp,
excluding the cost of emergency vehicle preemption equipment; and
WHEREAS, the Mayor and Council of the Town of Marana find that the public health,
safety and welfare necessitate the construction of Tangerine Farms Road between Moore Road
and Interstate 10 as well the associated interchange improvements.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of
Marana, Arizona, authorizing and directing the Mayor and staff to execute an intergovernmental
agreement for the construction of interchange improvements at the Tangerine Road Interchange.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 6th day RftWfi' 2006.
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JPA / ECS File No.: 06-033
AG Contract No.: KR06-0429TRN
Project No.: 10 PM 240.0
Project: Traffic Signal
Section: Tangerine Road/I-10 WB Ramp
TRACS No.: HX193 01C
Budget Source Item No.: 71208
INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE STATE OF ARIZONA
AND
TOWN OF MARANA
THIS AGREEMENT is entered into this date '3 U I ~ j I ,2006, pursuant to
the Arizona Revised Statutes ~ 11-951 through 11-954, as ame ded, between the STATE OF ARIZONA,
acting by and through its DEPARTMENT OF TRANSPORTATION (the "State") and the TOWN OF
MARAN A, acting by and through its MAYOR and TOWN COUNCIL (the "Town").
I. RECITALS
1. The State is empowered by Arizona Revised Statues ~ 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 Statues ~ 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 the design, construction, and maintenance of a
new warranted traffic signal and Emergency Vehicle Preemption System (EVP) at the intersection of
Tangerine Road & 1-10 WB Ramp, Milepost (MP) 240.0, hereinafter referred to as the "Projecf'. The
State will contribute 1 00% of the cost (excluding the EVP equipment) in FY08, currently estimated at
$250,000.00 and maintain the signal. The Town will design, construct and operate the signal, provide the
EVP device and replacement parts, plus be responsible for obtaining electrical power for the signal.
4. The parties hereto agree to and acknowledge the following conditions: a) the estimated monetary
amounts referenced in this Agreement are subject to change and could change substantially before
completion of the Project; b) the parties shall perform their responsibilities consistent with this Agreement;
and c) any change or modification to the Project will only occur with mutual written consent of both
parties.
THEREFORE, in consideration of the mutual agreements expressed herein, it is agreed as follows:
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Page 2
J P A 06-033
II. SCOPE OF WORK
1. The Town shall:
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 State comments into
the documents.
b. Call for bids and award one or more construction contract(s) for the Project. Administer
contract(s) and make all payments to the contractor(s). Be responsible for contractor claims for additional
work attributable to the Town.
c. Obtain the necessary Encroachment Permit, through the Tucson District Maintenance Office,
for the installation of the traffic signal inside the State's right-of-way.
d. No earlier than July 1, 2007, invoice the State for 100% of the Project costs, currently
estimated at $250,000.00, showing itemized and actual costs incurred.
e. Upon completion of the Project and activation of the traffic signal, be responsible for obtaining
electrical power to operate the electrical equipment.
f. Grant the State rights-of-entry access outside the State's right-of-way as required to perform
maintenance of the signal.
g. Be responsible for obtaining the electrical power to operate the traffic signal.
h. Provide and install the EVP equipment at Town desired signal locations, all at Town expense.
i. Provide the State maintenance personnel equipment manufacturer-certified training in all
applicable aspects of the installation, operation and maintenance of the EVP system. Provide the State
all required systems testing equipment, sufficient bench stock parts, and one signal emitter for testing the
system, all at no cost to the State.
j. Maintain a reasonable inventory of replacement parts necessary for repair of EVP
equipment.
2. The State shall:
a. Review the design documents required for the construction of the Project and provide
comments to the Town.
b. Grant the Town the necessary Encroachment Permit through the Tucson District
Maintenance Office for the construction of the Project on State's right-of-way.
c. Upon completion of the Project, perform the final inspection and notify the Town in writing
that the Project has been constructed in accordance with the project documents and has been
satisfactorily completed. Maintain traffic signal at State's expense. Inspect and approve the installation
of the EVP equipment.
d. No earlier than July 1, 2007, and within thirty (30) calendar days and upon receipt of the
invoice from the Town, provide payment to the Town 100% of the Project's incurred costs, currently
estimated at $250,000.00.
Page 3
JPA 06-033
e. Upon completion and acceptance of the signal preemption installations by the Town, and
upon the satisfactory training of State maintenance personnel, and the State's receipt of bench stock
parts and the signal test emitter, provide maintenance to the preemption systems.
III. MISCELLANEOUS PROVISIONS
1. The terms, conditions and provisions of this Agreement shall remain in full force and effect until
completion and reimbursements; provided herein. However, any provisions for maintenance, provided by
the Town shall be perpetual. This Agreement may be cancelled at any time prior to the award of a Project
construction contract, upon thirty-days (30) written notice to either party. It is understood and agreed that,
in the event the Town fails to budget or provide for electrical power as set forth in this Agreement, the
State shall in no way be responsible to provide electrical power.
2. Each party (as "Indemnitor") agrees to indemnify, defend, save and hold harmless the other party
(as "Indemnitee") from and against any and all claims, losses, liability, costs, or expenses including
reasonable attorneys' fees, hereinafter collectively referred to as ("claims"), arising out of bodily injury of
any person, including death or property damage, but only to the extent that such claims which result in
vicarious/derivative liability to the Indemnitee, are caused by the act, omission, negligence, misconduct,
or other fault of the Indemnitor, its officers, officials, agents, employees or volunteers..
3. This Agreement shall become effective upon filing with the Secretary of State.
4. This Agreement may be cancelled in accordance with Arizona Revised Statutes ~ 38-511.
5. The provisions of Arizona Revised Statutes ~ 35-214 are applicable to this Agreement.
6. 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.
7. 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 S. 1ih Avenue, Mail Drop 616E
Phoenix, Arizona 85007
(602) 712-7525
(602) 712-7424 Fax
Town of Marana
Public Works Director
Attn: H. Thomas Gill
3696 W. Orange Grove Rd.
Tucson, Arizona 85741
(520) 382-2600
(520) 297-3930 Fax
8. This Agreement is subject to all applicable provisions of the Americans with Disability 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.
Page 4
J P A 06-033
10. In accordance with Arizona Revised Statues 9 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.
:~WN OF MARANA ~ ~
EDHfJ
Mayor
STATE OF ARIZONA
Department of Transportation
BY~'~----:
MICHAEL P. MANTHEY, P.E. ~
State Traffic Engineer
ATTEST:
By
G: 06-033 Town of Marana
4-27-06 draft ghc
JPA 06-030
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. 9 11-951 through 9 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 ~ r/
,2006.
MARANA RESOLUTION NO. 2006-77
RELATING TO TRANSPORTATION; AUTHORIZING THE EXECUTION OF AN
INTERGOVERNMENTAL AGREEMENT WITH THE ARIZONA DEPARTMENT OF
TRANSPORTATION FOR THE SIGNALIZATION OF THE TANGERINE INTERCHANGE.
WHEREAS, it is necessary for- the Town of Marana to construct Tangerine Farms Road
from Interstate 10 to Moore Road as delineated within the . plans titled Tangerine Farms Road,
Moore Road to Interstate 10, Town of Marana project no. 2004-36; and
WHEREAS, the construction of Tangerine Farms Road will necessitate improvements to
the existing Tangerine Interchange on Interstate 10, which the Town of Maran a will undertake;
and
WHEREAS, the Needed Improvements consist of roadway ramp widening and the
signalization of the ramp intersections; and
WHEREAS, the Arizona Department of Transportation is willing to reimburse the Town
of Marana for the construction of the traffic signal serving the westbound Interstate 10 ramp,
excluding the cost of emergency vehicle preemption equipment; and
WHEREAS, the Mayor and Council of the Town of Marana find that the public health,
safety and welfare necessitate the construction of Tangerine Farms Road between Moore Road
and Interstate 10 as well the associated interchange improvements.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of
Marana, Arizona, authorizing and directing the Mayor and staff to execute an intergovernmental
agreement for the construction of interchange improvements at the Tangerine Road Interchange.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 6th da~,~{_ 2006.
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CIVIL DIVISION
TRANSPORTATION SECTION
Writer's Direct Line:
602.542.8855
Facsimile: 602.542.3646
E-mail: Susan Davis@azag.gov
TERRY GODDARD
Attorney General
OFFICE OF THE ATTORNEY GENERAL
STATE OF ARIZONA
INTERGOVERNMENTAL AGREEMENT
DETERMINATION
A.G. Contract No. KR06-0429TRN (JPA 06-033), an Agreement between public
agencies, Le., The State of Arizona and Town of Marana, has been reviewed pursuant to
A.R.S. 9 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:
June 27, 2006
TERRY GODDARD
Attorney General
~~
SUSAN E. DAVIS
Assistant Attorney General
Transportation Section
SED:mjf:967210
Attachment
1275 West Washington, Phoenix, Arizona 85007-2997. Phone 602-542-1680 . Fax 602 -542-3646