HomeMy WebLinkAboutResolution 2010-037 IGA with ADOT for construction of traffic interchange at tangerine and I-10MARANA RESOLUTION N0.2010-37
RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZING THE MAYOR TO
EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF
MARANA AND THE STATE OF ARIZONA, ACTING BY AND THROUGH ITS
DEPARTMENT OF TRANSPORTATION, FOR DESIGN AND RELOCATION OF
UTILITIES FOR THE CONSTRUCTION OF ANEW TRAFFIC INTERCHANGE AT
TANGERINE ROAD AND INTERSTATE 10
WHEREAS the Pima Association of Governments (PAG) has approved and programmed
$1.5 million in funds into the State's Five-Year Transportation Construction Program FY 2010
for the design and relocation of existing utilities for the proposed new Tangerine/I-10 traffic
interchange; and
WHEREAS the State anticipates using up to $850,000 of the PAG funds to reimburse the
Town and support the State with design and utility relocation expenses for the project; and
WHEREAS, based on previous commitment letters, the Town anticipates that the major
landowners will dedicate at no cost to the Town all rights-of--way and easements needed for
construction of the new Tangerine/I-10 traffic interchange project; and
WHEREAS relocation of utilities and other right-of--way work is needed in order to make
the new Tangerine/I-10 traffic interchange project shovel-ready for any available future funding;
and
WHEREAS the State has prepared and presented to the Town for execution a proposed
intergovernmental agreement between the Town and the State, acting through its Department of
Transportation, for design and relocation of utilities for the construction of the new traffic
interchange at Tangerine Road and Interstate 10 (the "Proposed IGA"); and
WHEREAS the primary purpose of the Proposed IGA is to facilitate the State's
reimbursement of the Town's utility design and relocation costs for the project; and
WHEREAS the Mayor and Council find the terms and conditions of the Proposed IGA
are in the best interests of the Town.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, AS FOLLOWS:
SECTION 1. The intergovernmental agreement between the Town of Marana and the
State of Arizona, acting through its Department of Transportation, for design and relocation of
utilities for the construction of the new traffic interchange at Tangerine Road and Interstate 10
Marana Resolution No. 2010-37 - 1 - {00020503.DOC /}
(the "Proposed IGA") attached to and incorporated by this reference in this resolution as
Exhibit A is hereby approved, and the Mayor is hereby authorized and directed to execute it for
and on behalf of the Town of Marana.
SECTION 2. The various Town officers and employees are authorized and directed to
perform all acts necessary or desirable to give effect to this resolution and to carry out the terms
of the Proposed IGA.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 20th day of April, 2010.
Mayo. Ed Honea
ATTEST:
ocelyn ronson, Town Clerk
Marana Resolution No. 2010-37 - 2 - {00020503.DOC /}
APPROVED AS TO FORM:
IGA/JPA File No.: 09-215-I
AG No.: P001-2010-001019
Project: Tangerine TI
Design/Utility Relocation
TRACS No.: H7467 01 U
Budget Source Item No.: 21310
INTERGOVERNMENTALAGREEMENT
BETWEEN
THE STATE OF ARIZONA
AND
TOWN OF MARANA
THIS AGREEMENT is entered into this date `-/~J" ~w' ~~~~7 ,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").
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 § 11-251 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 Town and State agree that the construction of a new traffic interchange at
Tangerine Road and I-10 is beneficial to the public safety and welfare of the Community.
The future traffic interchange will require right-of-way acquisition, utility design and
relocation of the existing utility lines along the I-10. The Town will acquire right-of-way
from the current owners, Cortaro Marana Irrigation District (CMID) and private developer
Westcor required for the utility relocation. The Town must comply with and follow Federal
and State laws, rules and regulations for the acquisition of the right-of way. The Parties
agree to enter into an intergovernmental agreement for the future construction of the new
traffic interchange and maintenance responsibilities. Agreements will be administered by
the State after the existing utility lines are relocated and completed.
4. The Pima Association of Governments (PAG) has approved 7.5 million in funds
(Item G, TIP Amendment 2, STIP # 51 ), and programmed into the State's Five-Year
Transportation Construction Program FY 2010 for the design and relocation of existing
utility lines. A proportion of the PAG funds will be used to reimburse the Town and
support the State with design and utility relocation expenses, hereinafter referred to as
the "Project".
5. The Town will submit invoices to the State, no more than monthly for costs
associated with utility design and relocation of the existing utility lines. The
reimbursement to the Town will be from the approved PAG funding.
THEREFORE, in consideration of the mutual covenants expressed herein, it is agreed as
follows:
Page 2
11. SCOPE OF WORK
1. The Town will:
JPA 09-215-I
a. Invoice the State no more than monthly and provide proper back-up
documentation for reimbursement of expenses for the design and relocation of the
existing utility lines estimated at $850,000.00.
b. Provide a copy of all the documentation pertaining to the utility relocation design.
2. The State will:
a. Provide comments to the Town as appropriate regarding the utility relocation.
b. Upon receipt and approval of invoice from the Town, reimburse the Town for
costs associated with the design and relocation of the existing utility lines estimated at
$850,000.00.
c. Initiate and enter into an Agreement with the Town for construction of the new
traffic interchange. This Agreement will also address right-of-way acquisition, conveyance
and property abandonment require for the Project (see exhibit attached).
d. Initiate and enter into an Agreement with the Town for maintenance
responsibilities require after completion of the Project.
I11. MISCELLANEOUS PROVISIONS
1. The Recitals to this Agreement are incorporated herein. The terms, conditions
and provisions of this Agreement shall remain in full force and effect until the completion
of right-of-way acquisition, and design and relocation of the utilities. The acquisition of
right-of-way must comply with and follow Federal and State laws, rules and regulations.
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 signing and dating of the
Determination Letter by the State's Attorney General.
4. This Agreement may be cancelled in certain instances in accordance with
Arizona Revised Statutes § 38-511.
5. To the extent applicable under law, the provisions set forth in Arizona Revised
Statutes § 35-214 and § 35-215 shall apply to this Agreement.
6. In the event of any controversy, which may arise out of this Agreement, the Town
and the State 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:
Page 3
Arizona Department of Transportation
Joint Project Administration
205 S. 17th Avenue, Mail Drop 637E
Phoenix, Arizona 85007
(602) 712-7525
(602) 712-3132 Fax
Town of Marana
Gilbert Davidson
Town Manager
11555 W. Civic Center Dr.
Marana, Arizona 85653
Phone 520-382-1900
Fax 520-382-1902
JPA 09-215-I
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, inc-uding 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-
Discrim ination".
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 as a result of termination under this paragraph.
10. Compliance requirements for Arizona Revised Statutes § 41-4401-immigration
laws and E-Verify requirement:
a. Town warrants compliance with all Federal immigration laws and regulations
relating to employees and warrants its compliance with 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 Town 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).
11. 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 § 35-391 and/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.
12. In accordance with Arizona Revised Statutes § 11-952 (D,) attached 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 this Agreement is in
proper form.
Page 4
JPA 09-215-I
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year
first above written.
TOWN OF MARANA
By
ED HO EA
Mayor
STATE OF ARIZONA
Department of Transportation
By ~~^
ATTEST:
Y
OCELY . BRONSON
own CI r
3/31 /10-1y
Page 5
JPA 09-215-1
JPA 09-215-I
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 Arizona Revised Statutes § 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
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day of ~~~``~ , 2010.
~-~"~ Toydn Attorney
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`u~ CIVIL DIVISION
TRANSPORTATION SECTION
OFFICE OF THE ATTORNEY GENERAL Writer's Direct Line:
TERRY GODDARD 602.542.8855
Attorne General STATE OF ARIZONA E-mail:'Susan Davi~ aza46ov
3' @ >; g
INTERGOVERNMENTAL AGREEMENT
DETERMINATION
A.G. Contract No. P0012010001019 (IGA/JPA 09-215-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: May 10, 2010
TERRY GODDARD
Attorney General
SUSAN E. DAVIS
Assistant Attorney General
Transportation Section
SED:mjf:826120
Attachment
1275 West Washington, Phoenix, Arizona 85007-2926 • Phone 602-542-1680 Fax 602 -542-3646