HomeMy WebLinkAboutResolution 2011-050 IGA with the ADOT for federal funding for the ina road bridge MARANA RESOLUTION NO. 2011-50
RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZING THE MAYOR TO
EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH THE ARIZONA
DEPARTMENT OF TRANSPORTATION TO SEEK FEDERAL FUNDING FOR THE INA
ROAD BRIDGE OVER THE SANTA CRUZ RIVER
WHEREAS planned improvements to Ina Road west of I -10 include replacement of the
bridge that crosses the Santa Cruz River; and
WHEREAS the federal government through the federal highway administration has
authorized appropriations for construction of streets, roads and the replacement of bridges; and
WHEREAS the Arizona Department of Transportation (ADOT) has agreed to be an agent
for the Town to apply for these funds; and
WHEREAS ADOT has prepared and presented to the Town for execution a proposed
intergovernmental agreement for acquisition of the federal funds; 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 ADOT
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 intergovernmental agreement.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 18 day �o ;,
i° CORPORA Mayor Ed H nea
ATTEST: E5 , APPROVED AS TO FORM:
lilt
J celyn 04ronson, Town Clerk F Cassidy, Town Attorney
100025822.voc i}
ADOT File No.: IGA/JPA 10 -165I
AG Contract No.: P0012011001585
COG /MPO TIP No.:88.03
Project: Ina Road Bridge over Santa
Cruz River
Section: Ina Road
TRACS No.: SB 41303D/01C
Budget Source Item No.: Local
INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE STATE OF ARIZONA
AND
THE TOWN OF MARANA
THIS AGREEMENT is entered into this date J tLeii- t.. 10 2011, 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 § 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. 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 design and 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 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 State shall be the designated agent for the Town.
Page 2 IGA/JPA 10 -165I
7. The work contemplated under this Agreement is to replace the bridge approaches and structure
over the Santa Cruz River on Ina Road, hereinafter referred to as the "Project'. The Town shall advertise,
bid and award the design phase of the Project. The State shall advertise, bid and award the construction
phase of the Project. The estimated design and construction costs are as follows:
TRACS No. SB41301 D
Estimated design cost STP $ 318,134
Estimated Federal Funds @94.3% $ 300,000
Estimated Local Match @5.7% $ 18,134
TRACS No. SB41301C
Estimated Construction Cost $6,000,000
Estimated Federal Funds @94.3% BR $1,000,000
Estimated Matching Funds @5.7 % $ 57,000
Estimated 100% Matching Funds $4,943,000
Total Local Agency Funds (design /construction)) $5,018,134
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.
THEREFORE, in consideration of the mutual Agreements expressed herein, it is agreed as follows:
11. 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 funding. The
Project will be performed, completed, accepted and paid for in accordance with the requirements of the
Project Plans, Standard Specifications for Road and Bridge Construction of the Arizona Department of
Transportation.
b. Upon approval by FHWA, and with the aid and consent of the Town and the FHWA, the State
shall proceed to advertise for, receive and open bids subject to the concurrence of the FHWA and the
Town, to whom the award is made for and enter into a contract(s) with a firms(s) for the construction of
the project.
c. 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 Federal Funds available,
including construction engineering and administration costs. Should costs exceed the maximum Federal
funds available, it is understood and agreed that the Town will be responsible for any overage and for any
costs not eligible for federal funding.
d. Upon execution of this agreement, receipt and approval of invoices submitted by the Town for
reimbursement of costs incurred for design and with all necessary documentation, no more than monthly,
reimburse the Town with Federal funds, in an amount not to exceed $300,000.00.
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.
Page 3 IGA/JPA 10 -165I
2. The Town will:
a. Upon execution of this Agreement designate the State as authorized agent for the Town.
b. Upon execution and prior to advertising, deposit funds with the State in the an amount equal
to the difference between the total cost of the work provided for in this Agreement and the amount of
Federal Aid (capped) received, currently estimated at $4,961,134 which may be inclusive of overhead
charges as approved by a cognizant federal agency.
c. 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. Such costs shall be paid by the City
within thirty (30) days of receipt of invoice from the State.
d. Provide for cost and, as an annual item in the Town's budget, proper maintenance of the
Project including all of the Project components.
e. Enter into an agreement with the Design Consultant which states that the Design Consultant
shall provide services as required and requested throughout the Construction Phase of the Project.
f. 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 Arizona Department of Transportation Local
Government Section.
g. Upon completion of the Project, agree to accept and assume full responsibility of said Project
in writing.
111. 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
shall be perpetual, unless assumed by another competent entity. 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. It is
understood and agreed that the State's participation is confined 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 solely the liability of the Town and that to the extent permitted by law, the Town hereby agrees 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 event of any action, court costs, and expenses of litigation and attorneys' fees.
Page 4 IGA/JPA 10 -165I
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
between the total cost of the work provided for in this Agreement and the amount of Federal Aid received.
4. The cost of the Project under this Agreement includes applicable indirect costs approved by the
Federal Highway Administration (FHWA).
5. This Agreement shall become effective upon signing and dating of the Determination Letter by
the State's Attorney General.
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: Barbara Johnson
205S.17 th Avenue, Mail Drop 637E 11555 W. Civic Center Drive
Phoenix, Arizona 85007 Marana, Arizona 85653
(602) 712- 7124 (520) 382 -2620
(602) 712- 3132 Fax (520) 382 -2640 Fax
For Town Financial Matters:
Vendor No. 860331775 01
Attn: Erik Montague, Finance Director
11555 W. Civic Center Drive
Marana, Arizona 85653
(520) 382 -1930
emontaaue .marana.com
Page 5 IGA/JPA 10 -165I
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.
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
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.
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 STATE OF ARIZONA
Department of Transportation
By
By
ED HON A SAM MAROUF ANI, P.E.
Mayor Deputy State Engineer, Development
ATTEST:
By
J CE N C. 78ON
lerk
JPA 10 -165
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 U !� day of Ct 1 2011.
o In Attorney
JUN -10 -2011 13:09 ADOT LEGAL 602 542 3646 P.10
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JAMES R. REOPATH
ASSISTANT ATTORNEY GENERAL
Tom HORNE OFFICE OF THE ATTORNEY GENERAL DIRECT LJNE' 602 542 - 8837
ATTORNEY GENERAL TRANSPORTATION SECTION E -MAIL' J1M.REQR
INTERGOVERNMENTAL AGREEMENT_
DETERMINATION
A.G. Contract No. P0012011001586 (IGA/JPA 10 165 - 1), an Agreement between
public agencies, i.e., The State of Arizona and The 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: June 10, 2011
TOM HORNE
Attorney General
R. REDPATH
Assistant Attorney General
Transportation Section
JRR:In: #1993787
Attachment
1275 West Washington, Phoenix, Arizona 85067 -2926 - Phone 602. 542.96$0 - Fax 602 -642 -3646
TOTAL P.10