HomeMy WebLinkAboutResolution 2011-021 IGA with ADOT for santa cruz shared use path MARANA RESOLUTION NO. 2011-21
RELATING TO COMMUNITY DEVELOPMENT; AUTHORIZING THE EXECUTION OF
AN INTERGOVERNMENTAL AGREEMENT WITH THE ARIZONA DEPARTMENT OF
TRANSPORTATION FOR THE COMPLETION OF THE SANTA CRUZ RIVER SHARED
USE PATH
WHEREAS the Town of Marana passed a Trail System Master Plan in July 2000 and
Parks Master Plan in 2010 to provide a framework for development of trails connecting parks,
schools, residential neighborhoods, shopping, and other community facilities; and
WHEREAS the Town of Marana is participating in completing an interconnected trail
system linking to the Juan Bautista de Anza National Historic Trail, Central Arizona Project
Canal Trails, and the Santa Cruz River riparian trail system; and
WHEREAS the Town of Marana recognizes the vital role that Marana's trail system
plays in regional efforts to enhance transportation circulation and is actively working to complete
the Northwest Marana — Santa Cruz River Shared Use Path (Phase III); and
WHEREAS the Arizona Department of Transportation (ADOT) administers the Federal
Highway Administration's transportation enhancement program that makes funding available
through a competitive statewide application process to support construction of projects such as
this trail system and has awarded the Town of Marana funding under this program to build a
portion of the Santa Cruz Shared Use Path (Phase III).
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, the Town Manager is authorized to execute an
intergovernmental agreement with ADOT and take any other appropriate actions required to
complete the requirements for construction of the Santa Cruz River Shared Use Path (Phase III).
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 15 day of February, 2011.
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{00025127.DOC /}
ADOT File No.: IGAIJPA 09 -184 -I
AG Contract No.: P0012010 003928
Project No.: TEA MRN- 0(201) A
Project: Design /Construction of 2.7miles ;
of pathway ;.
Section: NE bank of Santa Cruz River
PAG TIP No.: FY 2010 -2014, #106.08
TRACS No.: SL649 0110102D
Budget Source Item No.: NIA
INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE STATE OF ARIZONA
AND
TOWN OF MARANA
THIS AGREEMENT is entered into this date /' 7 % � X ' - , 2011, pursuant to
the Arizona Revised Statutes § 11 -951 through 11 -954, as amended, etween the STATE OF ARIZONA,
acting by and through its DEPARTMENT OF TRANSPORTATION (the "State" or "ADOT ") 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 § 28401 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, but not limited, the construction of streets and
primary, feeder and farm -to- market roads; the replacement of bridges; the elimination of roadside
obstacles; and the application of pavement markings.
4. Such project lies within the boundary of the Town 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 to the State and Federal Highway Administration (FHWA) for its approval.
5. The Town, in order to obtain Federal funds for the construction of the project, is willing to provide
Town funds to match Federal funds in the ratio required or as finally fixed and determined by the Town
and FHWA, including actual construction engineering and administration costs (CE).
6. The work contemplated under this Agreement is the design and construction of approximately 2.7
miles of asphaltic concrete pathway along the northeast bank of the Santa Cruz River. Construction also
includes installation of landscapingfirrigation, benches, trash receptacles and bike racks. The Town shall
advertise, bid and award the Project, collectively hereinafter referred to as the "Project.' The estimated i
costs are as follows:
I
Page 2 IGA/JPA 09 -184 -1
Estimated Total Project Cost $796,030.00
Construction (TRACS No.: SL649 01 C) f
Federal -aid funds @ 94.3% (capped) $443,392.00 f
Town's match @ 6.7% $ 26,801.00
Town's contribution @ 100% $265.807.00
Subtotal — Construction* $736,000.00 r
Design (TRACS No.: SL649 02D)
Federal -aid funds @ 94.3% (capped) $ 56,608.00
Town's match @ 5.7% $ 3,422.00
Subtotal — Design $ 60,030.00
*Total Estimated Town Funds $296,030.00
*(Includes construction, CE and incidentals).
The Parties acknowledge that the eventual actual cost may exceed the estimate, and in such case,
the Town is responsible for any and all costs exceeding the estimate. Actual costs may be less than the
estimate and not needed for the Project, at which time any excess federal funding will be de- obligated
from the Project.
7. The interest of the State in this project is the acquisition of Federal funds for the use and benefit
of the Town and to authorize such Federal funds for the Project pursuant to Federal law and regulations.
The Town has been approved by FHWA and the State to bid and administer the construction of the
Project, with the State as the designated agent for the Town.
8. The Parties hereby agree to and acknowledge the following conditions: a) the estimated
monetary amounts referenced in this Agreement are subject to change and can change significantly
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 the mutual written
consent of both Parties.
THEREFORE, in consideration of the mutual Agreements expressed herein, it is agreed as follows:
II. SCOPE OF WORK
1. The State will:
a. Submit a program to the Federal Highway Administration (FHWA) containing the above -
mentioned Project with the recommendation that it be approved for design and construction. Coordinate
with the Town so that the Project will be performed, completed, accepted and paid for in accordance with
the requirements of the Project Plans, Special Provisions and Standard Specifications.
b. Review design plans, specifications (PS &E's) and other such documents and services
required for the construction bidding and construction of the Project and provide comments to the Town
as appropriate.
i_
C. Enter into an Agreement with FHWA on behalf of the Town covering the work encompassed
for said design and construction, and request the maximum Federal Funds available, including
construction engineering and administration costs. Upon authorization, notify the Town that they may
proceed to advertise for, receive and open bids, enter into contracts(s) with a firm(s) to whom the award is
made for the design and construction of the Project. Should costs exceed the maximum Federal funds
available or be deemed ineligible for reimbursement, it is understood and agreed that the Town will be
responsible for such costs.
Page 3 IGA/JPA 09 -184 -I
d. Upon execution of this Agreement and within thirty (30) days of receipt of approved invoices,
reimburse the Town for eligible costs incurred for design and construction with Federal TEA funds at t
94.3% of incurred, actual costs not to exceed the federal amounts shown above in Article I, Paragraph 6 t=
of this Agreement, unless changed by amendment to this Agreement.
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. i
2. The Town will
a. Upon execution of this Agreement designate the State as authorized agent for the Town to
secure the Federal Aid.
b. Enter into an agreement with the Design Consultant(s), solicited and selected in compliance
with Arizona Procurement Procedures, which defines a specific scope of services and approved contract
price. Said Design Consultant(s) shall provide professional post - design services as required and
requested throughout and upon completion of the construction phase of the Project.
c. Upon execution of this Agreement and within thirty (30) days of payment to a contractor or
consultant, invoice the State for reimbursement of eligible, incurred costs by the Town and provide all
necessary backup documentation with said invoice up to an amount of Federal Aid received for this
Project and currently estimated at $56,608.00 for design and $443,392.00 for construction, not to exceed
the Federal Aid capped at $500,000.00 Be entirely responsible for all costs incurred in performing and
accomplishing the work as set forth in this Agreement, whether covered by Federal funding or not.
d. Prior to advertising the Project, and per FHWA's conditions, provide the State design plans,
specifications (PS &E's) and other such documents and services required for the construction bidding and
construction of the Project and incorporate or resolve State review comments as appropriate.
e. Upon approval by FHWA, and with the aid and consent of the State and FHWA, the Town
shall proceed to advertise, using Arizona Procurement Procedures, and receive and open bids subject to
the concurrence of the FHWA and the State and enter into a contract(s) with a firm(s) to whom the award
is made for the construction of the Project. Under direct supervision of a registered professional,
administer contract(s) for the Project and make all payments to the consultant(s) and contractor(s).
Agree the Project will be performed, completed, accepted and paid for in accordance with the
requirements of the Project Plans, Special Provisions and Standard Specifications.
f. Copy ADOT's Transportation Enhancements Section on any addendums issued during
bidding and change orders issued during construction. Addendums and change orders unrelated to the
Transportation Enhancement Project and adding new work that is beyond the originally- approved Project
scope requiring amendments to clearances (utility, right -of -way, or environmental) are subject to prior
ADOT /FHWA approval.
g. Coordinate with the Contractor for collecting federal labor compliance documentation
(including, but not limited to, DBE, EEO, Davis - Bacon, and OJT as applicable) and compliance with the
Buy America Act. Ensure that documentation is being appropriately collected in accordance with the
Federal Aid process and recorded and filed for potential auditing purposes. Ensure that the Contractor z
posts the required federal posters and performs DBE compliance reporting to ADOT's Civil Rights Office.
h. Upon completion of Project, assume responsibility for maintenance of the Project, at its own `-
expense and as an annual item in its budget. Provide perpetual and proper maintenance and emergency
repairs, including, but not limited to, keeping the pathway surface and surrounding areas free of all debris
and doing any repairs that might be necessary to keep the pathway, safety railing and any retaining wall
compliant with the Americans with Disabilities Act Accessibility Guidelines.
Page 4 IGA/JPA 09 -184 -1
i. Upon completion of construction, the Town shall provide for, at its own cost, perpetual and
proper maintenance of all landscape and drainage improvements. It shall also be responsible for the
ongoing maintenance of all landscaping in accordance with accepted horticultural practices.
i
j. Upon completion of construction, be responsible for the electrical power and water necessary
to maintain the landscaping and irrigation system, including all testing, adjusting, repairing and operation
of the irrigation system and shall furnish all power to operate the system.
k. Be obligated to incur any expenditure should unforeseen conditions or circumstances
increase the cost of said work required by a change in the extent of scope of the work requested by the
Town. Such changes require the prior approval of the State and FHWA. Be responsible for any
contractor claims for additional compensation caused by Project delays attributable to the Town.
I. Provide a letter from its project manager or other responsible engineering official, along with
the final billing, that the work on the Project is complete and has been considered acceptable, and the
Federal project is ready to be closed. Accept and maintain full responsibility of Project improvements.
m. Provide a set of as -built plans upon completion of the construction phase of the Project. An
electronic version of the as -built plans shall be forwarded to the Arizona Department of Transportation
Enhancement Section.
n. Pursuant to 23 USC 102(b), repay all Federal funds reimbursements for preliminary
engineering costs on the Project if it does not advance to right of way acquisition or construction within
ten (10 years after Federal funds were first made available.
Ill. MISCELLANEOUS PROVISIONS
1. The terms, conditions and provisions of this Agreement shall remain in full force and effect until
completion of said project and related deposits or reimbursement, except any provisions for maintenance
and indemnification shall survive any termination of this Agreement. Further, this Agreement may be
cancelled at any time prior to the award 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.
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. The Town
shall require its contractors to name the State as an additional insured in the contractor's insurance
policies. The Town shall also require its contractors to name the State as an additional indemnitee in the
Town contracts with its contractors. It is understood and agreed that the State's participation is confined
to securing federal aid on behalf of the Town and requirements contained in this Agreement; that any
damages arising from carrying out, in any respect, the terms of this Agreement or any modification thereof
shall be solely the liability of the Town and that to the extent permitted by law, the Town hereby agrees to
save and hold harmless, defend 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 I
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.
Page 5 IGA1JPA 09 -184 -I
3. The cost of design, construction and construction engineering work covered by this Agreement is
to be borne by FHWA and the Town, each in the proportion prescribed or as fixed and determined by
FHWA as stipulated in this Agreement. Therefore, the Town agrees to furnish and provide the difference F
between the total cost of the work provided for in this Agreement and the amount of Federal Aid received. F
4. This Agreement shall become effective upon signing and dating of the Determination Letter by
the State's Attorney General
5. The cost of the Project under this Agreement includes applicable indirect costs approved by the
Federal Highway Administration (FHWA).
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 (JPA) Attn: T. VanHook
205 8.17 Avenue, Mail Drop 637E 11555 W. Civic Center Drive
Phoenix, Arizona 85007 Marana, Arizona 85653 -7007
(602) 712 -7124 (520) 382 -1909
(602) 712 -3132 Fax (520) 382 -1901 Fax
ADOT Transportation Enhancement & Scenic
Roads Section
1615 W. Jackson St. MD EM 10
Phoenix, AZ 85007
(602) 712 -6258
(602) 712 -3347 Fax
12. Compliance requirements for Arizona Revised Statutes § 41 -4401— immigration laws and _
E- Verify requirement:
a. The 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.
Page 6 IGA/JPA 09 -184 -I
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).
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 -391
andfor § 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 MA NA STATE OF ARIZONA
Department of Transportation
By G'V �—c G --� By
ED HO EA SAM MAROUF ANI, P.E.
Mayor Deputy State En ineer, Development
ATTEST:
Initial Draft 12/31/09 ghc
PM comments 1/12/10
y / Add'I PM comments 4/29110
Town changes 11/12/10
JOCELXA C. BRONSON AG approved 11/16/10
Town GMerk
i
i
t
IGAIJPA 09 -184 -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 between 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.
H -�
DATED this (�T day of , 2010.
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MARANA RESOLUTION NO. 2007-121
RELATING TO PUBLIC WORKS; AUTHORIZING THE SUBMITTAL OF AN
APPLICATION TO THE ARIZONA DEPARTMENT OF TRANSPORTATION FOR THE
COMPLETION OF THE SANTA CRUZ RIVER SHARED USE PATH AND APPROVING
CASH MATCH FUNDING FOR THE PROJECT.
WHEREAS, the Town of Marana passed a Trail System Master Plan in July 2000 to
provide a framework for development of trails connecting parks, schools, residential
neighborhoods, shopping, and other community facilities; and
WHEREAS, the Town of Marana is participating in completing an interconnected trail
system linking to the Juan Bautista de Anza National Historic Trail, Central Arizona Project
Canal Trails, and the Santa Cruz River riparian trail system; and
WHEREAS, the Town of Marana recognizes the vital role that Marana's trail system
plays in regional efforts to enhance transportation circulation and is actively working to complete
the Northwest Marana — Santa Cruz River Shared Use Path (Phase III); and
WHEREAS, the Arizona Department of Transportation administers the Federal Highway
Administration's transportation enhancement program that makes funding available through a
competitive statewide application process to support construction of projects such as this trail
system; and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, the Town Manage is authorized to submit a transportation
enhancement application that commits a 5.7% cash match funding requirement and other Town
resources as necessary for the completion and ongoing maintenance of Northwest Marana --
Santa Cruz River Shared Use Path (Phase III).
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 2e day of June, 2007.
,`, OF
1 O Mayor Ed Honea
SEAL
ATTEST: Ync D S TO FORM:
1 .Bronson, Town Clerk y, Seni slant Town Attorney
PAG Rt_ionA TEA Round 15 - Shaml Uw Nth RuNoluhm Ob- 2(*7 -d0C
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TOM HORNE OFFICE OF THE ATTORNEY GENERAL SUSAN E. DA i
ATTORNEY GENERAL TRANSPORTATION SECTION ASSISTAN A L GEN ERAL
INE 602- 542
D
E -MAIL: SUSAN.0AVIS A@A7AG.GOV
INTERGOVERNMENTAL AGREEMENT
DETERMINATION
A.G. Contract No. P0012010003928 (IGAMPA 09- 184.1), 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: February 9, 2011
TOM HORNE
Attorney General
SUSAN E. DAVIS
Assistant Attorney General
Transportation Section
SED:In: #1621277
Attachment
1275 West Washington, Phoenix, Arizona 85007 -2926 • Phone 602- 542 -1680 • Fax 602 - 542 -3646