HomeMy WebLinkAboutResolution 2013-104 IGA with RTA for el rio park to avra valley shared use pathMARANA RESOLUTION NO. 2013-104
RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZING THE MAYOR TO
EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE REGIONAL
TRANSPORTATION AUTHORITY AND THE TOWN OF MARANA FOR
CONSTRUCTION AND DESIGN FOR THE EL RIO PARK TO AVRA VALLEY SHARED
USE PATH
WHEREAS A.R.S. § 48 5301, et seq., authorizes the Regional Transportation Authority
(RTA) to act as a regional taxing authority for the purpose of funding multi-model transportation
operations and improvements identified in the Regional Transportation Plan approved on May 6,
2006; and
WHEREAS the RTA is authorized by A.R.S. § 48-5304 (16) and § 48-5308 to administer
and distribute the regional transportation funds to the members of the RTA and to sell bonds in
furtherance of that purpose to fund those projects or programs identified in the Regional
Transportation Plan; and
WHEREAS the Mayor and Council of the Town of Marana feel it is in the best interests
of the citizens of Marana to enter into the intergovernmental agreement addressed by this
resolution to facilitate the construction and� design for the El Rio Park to Avra Valley Shared Use
Path.
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 RTA for construction and design for the El Rio Park to Avra Valley Shared Use Path in
substantially the form attached to this resolution as Exhibit A is hereby approved, and the Mayor
is authorized to execute it for and on behalf of the Town of Marana.
IT IS FURTHER RESOLVED that the Town Manager and staff are hereby directed and
authorized to undertake all other and further tasks required or beneficial to carry out the terms,
obligations, conditions and objectives of the intergovernmental agreement.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 19 day of November, 2013.
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Mayor Ed
11/12/2013 3:24 PM
Marana Resolution No. 2013-104
INTERGOVERNMENTAL TRANSPORTATION FUNDING AGREEMENT
BETWEEN THE
REGIONAL TRANSPORTATION AUTHORITY OF PIMA COUNTY
AND THE TOWN OF MARANA
FOR CONSTRUCTION AND DESIGN
FOR THE EL RIO PARK TO AVRA VALLEY SHARED USE PATH
This Agreement (this "Agreement") is entered into by and between the REGIONAL
TRANSPORTATION AUTHORITY OF PIMA COLJNTY (the "Authority" ar the "RTA"), an Arizona special
taxing district, and the TowN oF MARANA (the "Lead Agency"), an Arizona municipal corporation. The
Authority and the Town are sometimes collectively referred to as the "Parties," either of which is
sometimes individually referred to as a"Party."
RECITALS
A. A.R.S.§ 48-5301, et seq., authorizes the Authority to act as a regional taxing authority for the
purpose of funding multi-model transportation operations and improvements identified in the
Regional Transportation Plan (the "Plan") approved by the voters at the special election held in
Pima County, Arizona, on May 16, 2006.
B. The governing board of the Authority is composed of representatives of each member of the
regional council of governments in accordance with A.R.S. § 48-5303.
C. Pursuant to A.R.S. § 48-5304 (12), the governing board of the Authority has sole authority to
implement the elements of the Plan.
D. Pursuant to A.R.S. § 48-5304 (13), the governing board of the Authority coordinates the
implementation of the Plan among the local jurisdictions.
E. A Regional Transportation Fund was established by the Arizona Legislature per A.R.S. § 48-5307
to be the repository for those funds collected for the purpose of funding the transportation
projects identified in the Plan.
F. The Authority is authorized by A.R.S. §§ 48-5304 (16) and 48-5308 to administer and distribute
the regional transportation funds to the members of the Authority and to sell bonds in furtherance
of that purpose to fund those projects or programs identified in the Plan.
G. The Lead Agency is authorized by A.R.S. § 9-240(B)(3) to design, maintain, control and manage
public roads within the Lead Agency's jurisdictional boundaries.
H. The Lead Agency has an intergovernmental agreement with one or more jurisdictions within
Pima County empowering the Lead Agency to undertake roadway and other improvements
outside the Lead Agency's jurisdictional boundaries.
I. The Lead Agency and the Authority wish to cooperate in the design and construction of the El
Rio Park to Avra Valley Shared Use Path (the "Project").
J. The Project is one of the transportation projects included in the Plan or is eligible for funding as
part of a categorical program included in the Plan.
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K. It is the policy of the Authority to require that a lead agency be identified and an
intergovernmental agreement be approved and entered into by the Autharity and the lead agency
before requests for funding reimbursement or payment can be processed by the Authority.
L. The Town of Marana has been identified as the Lead Agency for the Project and will be
responsible for all aspects of project implementation.
M. The purpose of this Agreement is to facilitate the Authority's funding of the design and
construction phases of the Project (the "Project Components") under the terms and conditions
contained in this Agreement.
N. The Authority and the Lead Agency may contract for services and enter into agreements with one
another for joint and cooperative action pursuant to A.R.S. § 11-952, et seq.
AGREEMENT
Now, THE�FOxE, the Town and the Authority, pursuant to the above and in consideration of the
matters and things set forth in this Agreement, do mutually agree as follows:
1. Purpose. The purpose of this Agreement is to set forth the responsibilities of the Parties for
the Project Components and to address the legal and administrative matters among the
Parties.
2. Project Components. The Project Components consist of conducting design and
construction activities as more fully described in the attached Exhibit A, including the
following:
2.1. Detailed Project scope and schedule.
2.2. Project budget and cost breakdown of items eligible for reimbursement by the Authority
including any proposed billing of staff time directly attributable to the Project.
2.3. Total amount of RTA funding allowed for the Project plus a breakdown of any other
regional, local, federal or state funding available.
2.4. Designation of Project phases, if applicable, and any additional related agreements.
2.5. Estimated Project construction start date and duration of construction.
2.6. Projected cost reimbursement timeline.
2.7. Identification of the Lead Agency's duly authorized representative for signing and
submitting payment requests.
3. Effective Date; Term. This Agreement shall become effective upon filing a fully executed
original with the office of the Pima County Recorder and shall continue in effect until all
Project work phases that constitute the Project Components to be provided pursuant to this
Agreement are completed and all eligible reimbursement payments to the Lead Agency are
concluded.
4. Responsibilities of the Lead Agency.
4.1. The Lead Agency shall be responsible for the Project work phases that constitute the
Project Design Standards are federal, state, county or municipal standards for
engineering, traffic, safety or public works facilities design. Examples of Design
Standards include the American Association of State Highway and Transportation
Officials and Federal Highway Administration standards for highway engineering and
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construction, the Manual on Uniform Traffic Control Devices, the Pima County/City of
Tucson Standard Specifications for Public Improvements, the PAG Standard
Specifications for Roadways and Public Improvements, the Pima County Roadway
Design Manual, the Pima County Department of Transportation/City of Tucson
Department of Transportation Pavement Marking Design Manual, and Pima County and
municipal design guidelines for roadway lane widths and level of drainage protection.
4.2. If consultants or contractors are employed to perform any portion of the Project
Components, the Lead Agency shall be responsible for any professional services or other
contracts associated with the Project Components and shall select the consultants to be
used. The Lead Agency shall immediately provide to the Authority copies of any and all
contract documents and related materials upon request by the Authority. The Lead
Agency shall retain the usual rights of the owner of a public contract including the
authori�y to approve changes and make payments. However, any changes to the Project
which would result in the final project cost deviating by 10% or more from the
Authority's budget amount for the Project Components or for the Project must be
approved by the Authority in advance of those changes being made, regardless of
whether or not the Authority will be paying for them.
43. The Lead Agency shall be responsible for any public notification associated with the
Project Components.
4.4. The final cost of the Project Components shall be that amount necessary to complete
Project work phases that constitute the Project Components including any unanticipated
work incorporated into the Project Components by change orders and amendments
executed by the Lead Agency. The Lead Agency shall be responsible for all costs of the
Project Components in excess of the RTA funds contributed to the Project Components
pursuant to this Agreement.
4.5. The Lead Agency shall exercise its power of eminent domain, if necessary, to acquire
property needed for the Project.
4.6. The Lead Agency will be responsible for assuming all risks associated with the Project
except those that are assigned to another agency or jurisdiction that has agreed to that
assumption.
4.7. The Lead Agency shall require its contractors performing any portion of the Project to
name the Authority as additional insured and additional indemnities in all of the Lead
Agency's contracts for or related to the Project. Specifically, the RTA shall be identified
as an additional insured with respect to insurance policies for general liability,
automobile liability and defects in design.
4.8. The Lead Agency shall be responsible for preparing and submitting to the Authority,
within the first week of each month or as otherwise specified in this Agreement, invoices
for payment signed by a duly authorized representative of the Lead Agency and which
include sufficient background information documenting payments made to consultants,
contractors, vendors or any other eligible costs identified in this Agreement or the RTA's
Administrative Code. The Lead Agency must retain and certify all vendor receipts,
invoices and any related Project records as needed and ensure that they are available for
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review for a minimum of five years after final payment is made unless otherwise
specified in this Agreement.
4.9. The Lead Agency shall be responsible for submitting a status report describing its
progress and adherence to the Project scope, schedule and budget with each request for
payment.
5. Responsibilities of Authority.
5.1. Upon receipt of authorized payment requests, the Authority shall convey to the Lead
Agency RTA funds in the amount specified in E�iibit A(or subsequent exhibits) on a
reimbursement basis unless otherwise specified in this Agreement. The RTA's
Administrative Code will control all payments and other procedures unless otherwise
specified in this Agreement.
5.2. Reimbursements will generally be based on the Project schedules established by the Lead
Agency and contained in Exhibit A(as it may be amended by mutual agreement of the
Parties).
5.3. The RTA staff will review all payment requests to confirm that the request is for
reimbursement of costs incurred by the Lead Agency for the Project Components. If the
Authority determines that additional information is needed, the Lead Agency will be
notified of the request for additional information within five days of RTA's receipt of the
invoice.
5.4. Upon approval of the request by RTA, the invoice will be processed for payment within
ten working days of the invoice submittal.
6. Termination. Either Party may terminate this Agreement for material breach of this
Agreement by the other Party. Prior to any termination under this paragraph, the Party
allegedly in default shall be given written notice by the other Party of the nature of the
alleged default. The Party said to be in default shall have 45 days to cure the default. If the
default is not cured within that time, the other Party may terminate this Agreement. Any such
termination shall not relieve either Party from liabilities or costs already incurred under this
Agreement.
7. Non-assignment. Neither Party shall assign its rights under this Agreement without the
written consent of the other Party.
8. Construction of this Agreement.
8.1. Entire agreement. This instrument constitutes the entire agreement between the Parties
pertaining to the subject matter of this Agreement, and all prior or contemporaneous
agreements and understandings, oral or written, are hereby superseded and merged in this
Agreement.
8.2. Exhibits. Any exhibits to this Agreement are incorporated in this Agreement by this
reference.
8.3. Amendment. This Agreement may be modified, amended, altered or changed only by
written agreement signed by both Parties.
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8.4. Construction and interpretation. All provisions of this Agreement shall be construed to be
consistent with the intention of the Parties as expressed in the Recitals section of this
Agreement.
8.5. Captions and headings. The headings used in this Agreement are for convenience only
and are not intended to affect the meaning of any provision of this Agreement.
8.6. Severability. A declaration by statute or judicial decision that any provision of this
Agreement is invalid or void shall have no effect on other provisions that can be given
effect without the invalid or void provision, and to this extent the provisions of this
Agreement are severable. If any provision of this Agreement is declared invalid or void,
the Parties agree to meet promptly in an attempt to reach an agreement on a substitute
provision.
8.7. Conflict of interest. This Agreement is subject to the provisions of A.R.S. § 38-511,
which provides for cancelation in certain instances involving conflicts of interest.
9. Legal Jurisdiction. Nothing in this Agreement shall be construed as either limiting or
extending the legal jurisdiction of the Lead Agency or the Authority.
10. No Joint Venture. It is not intended by this Agreement to, and nothing contained in this
Agreement shall be construed to, create any partnership, joint venture or employment
relationship between the Parties or create any employer-employee relationship between the
Lead Agency and any Authority employees, or between Authority and any Lead Agency
employees. Neither Party shall be liable for any debts, accounts, obligations or other
liabilities whatsoever of the other, including (without limitation) the other Party's obligation
to withhold Social Security and income taxes for itself or any of its employees.
11. No Third Party Beneficiaries. Nothing in the provisions of this Agreement is intended to
create duties or obligations to or rights in third parties not parties to this Agreement or to
affect the legal liability of either Party by imposing any standard of care different from the
standard of care imposed by law.
12. Compliance with Laws. The Parties shall comply with all applicable federal, state and local
laws, rules, regulations, standards and executive orders, without limitation to those
designated within this Agreement.
12.1. Anti-Discrimination. The provisions of A.R.S. § 41-1463 and Executive Order Number
99-4 issued by the Governor of the State of Arizona are incorporated by this reference as
a part of this Agreement.
12.2. Americans with Disabilities Act. 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.
12.3. Workers' Compensation. An employee of either Party shall be deemed to be an
"employee" of both public agencies, while performing pursuant to this Agreement, for
purposes of A.R.S. § 23-1022 and the Arizona Workers' Compensation laws. The
primary employer shall be solely liable for any workers' compensation benefits, which
may accrue. Each Party shall post a notice pursuant to the provisions of A.R.S.
§ 23-1022(E) in substantially the following form:
All employees are hereby further notified that they may be required to
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work under the jurisdiction or control or within the jurisdictional
boundaries of another public agency pursuant to an intergovernmental
agreement or contract, and under such circumstances they are deemed by
the laws of Arizona to be employees of both public agencies for the
purposes of workers' compensation.
13. Waiver. Waiver by either Party of any breach of any term, covenant or condition of this
Agreement shall not be deemed a waiver of any other term, covenant or condition, or any
subsequent breach of the same or any other term, covenant, or condition of this Agreement.
14. Force Majeure. A party shall not be in default under this Agreement if it does not fulfill any
of its obligations under this Agreement because it is prevented or delayed in doing so by
reason of uncontrollable forces. The term "uncontrollable forces" shall mean, for the purpose
of this Agreement, any cause beyond the control of the party affected, including but not
limited to failure of facilities, breakage or accident to machinery or transmission facilities,
weather conditions, flood, earthquake, lightning, fire, epidemic, war, riot, civil disturbance,
sabotage, strike, lockout, labor dispute, boycott, material or energy shortage, casualty loss,
acts of God, or action or non-action by governmental bodies in approving or failing to act
upon applications for approvals or permits which are not due to the negligence or willful
action of the parties, order of any government officer or court (excluding orders promulgated
by the parties themselves), and declared local, state or national emergency, which, by
exercise of due diligence and foresight, such party could not reasonably have been expected
to avoid. Either party rendered unable to fulfill any obligations by reason of uncontrollable
forces shall exercise due diligence to remove such inability with all reasonable dispatch.
15. Notification. All notices or demands upon any party to this Agreement shall be in writing,
unless other forms are designated elsewhere, and shall be delivered in person or sent by mail
addressed as follows:
To the Authority:
REGIONAL TRANSPORTATION AUTHORITY OF
PIMA COUNTY
FARHAD MOGHIMI
Executive Director, RTA
177 N. Church Avenue #405
Tucson, Arizona 85701
To the Lead Agency:
TOWN OF MARANA
KEITH BRANN
TOWN ENGINEER
11555 West Civic Center Drive
Marana, Arizona 85653
16. Remedies. Either Party may pursue any remedies provided by law for the breach of this
Agreement. No right or remedy is intended to be exclusive of any other right or remedy and
each shall be cumulative and in addition to any other right or remedy existing at law or in
equity or by virtue of this Agreement.
17. Counterparts. This Agreement may be executed in two or more counterparts, each of which
shall be deemed an original, but all of which together shall constitute one and the same
instrument. The signature pages from one or more counterparts may be removed and attached
to a single instrument.
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IN wlTTtESS wxE�oF, the Parties have executed this Agreement as of the last signature
date below.
REGIONAL TRANSPORTATION AUTHORITY
OF PIMA COUNTY
Ramon Valadez, Board Chair
TOWN OF MARANA
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Ed Honea, Mayor
Date:
APPROVED AS TO CONTENT:
RTA Executive Director
Date: /� � �� � �
ATTEST:
own Cle
APPROVED AS TO CONTENT:
�t.
eith rann, Town Engineer
INTERGOVERNMENTAL AGREEMENT DETERMINATION
The foregoing intergovernmental agreement between the REGIONAL TRANSPORTATION
AUTHORITY OF PIMA COLTNTY and the TOWN OF MARANA has been reviewed pursuant to A.R.S.
§ 11-952 by the undersigned, who have determined that it is in proper form and is within the powers and
authority granted under the laws of the State of Arizona to the Party to this intergovernmental agreement
represented by the undersigned.
REGIONAL TRANSPORTATION AUTHORITY
OF PIMA COUNTY:
Thomas Benavidez
Attorney for the Authority
Date:
TOWN OF MARANA:
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Regional Transportation Authority of Pima County
Exhibit A
1 RTA Ballot/Project Number:
2 RTA Plan Element:
3 RTA Plan Sub-Element (if applicable):
4 TIP Project Number:
5 Project Name:
6 Work Phase Covered by this Exhibit
(check all that apply)
III-41
Environmental and Economic Vitality Element
Greenways, Pathways, Bikeways and Sidewalks
73.12
EI Rio Park to Avra Valley Shared Use Path
Planning
Design
Right of Way
Construction
Project Management
Environmental/Other
X
X
X
7 Project Manager Information (person responsible for status reports):
Name:
Mailing Address:
Telephone Number:
Fax. Number:
Email Address:
Tom Houle
11555 W. Civic Center Drive, Marana, AZ 85653
382-2600
382-2641
thoule(c�marana.com
8 Authorized Representative(s) (for signing & submitting pay requests):
Name:
Mailing Address:
Telephone Number:
Fax. Number:
Email Address:
Name:
Mailing Address:
Telephone Number:
Fax. Number:
Email Address:
Tom Ellis
11555 W. Civic Center Drive, Marana, AZ 85653
382-2600
382-2641
tellisCa�marana.com
Keith Brann
11555 W. Civic Center Drive, Marana, AZ 85653
382-2600
382-2644
kbrannCa�MARANA.COM
9 Map of Project Limits Attached? Attached
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Regional Transportation Authority of Pima County
Exhibit A
10 Narrative Description of Project Scope,
including improvements to be made
and project intent (discuss how
project will address problematic areas):
11 Total maximum amount of Authority
funding allowed for the Project or Project
component under this Exhibit:
12
Project Budget (current year dollars):
Planning
Design
Right of Way
Construction
Project Management
Environmental/Other
Total Project Budget (all funding sources):
13
Project Budget by Funding Source
Planning
Design
Right of Way
Construction
Project Management
Environmental/Other
Total Project Funding (must equal no. 11)
14 Funding Sources (current year dollars):
RTA
STP
12.6 Funds
2.4 Funds
Impact Fees
Bond Funds
General Fund
Fare Box Revenue
FTA Funds
Other
Town of Marana proposes to design and construct a 14 foot wide
ed use path with two (2) ADOT box culverts to allow access over the
ing drainage channels along the project alignment.
$675,000
In-House Outsourced Total
$0
$125,000 $125,000
$35,000 $35,000
$612,000 $612,000
$0
$0
$0 $772,000 $772,000
RTA Non-RTA Total
$0
$63,000 $63,000
$0
$612,000 $612,000
$0
$0
$675,000 $0 $675,000
Total Funding Sources (must equal no. 11): $675,000
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Regional Transportation Authority of Pima County
Exhibit A
15
Identify other project components not covered by this agreement (if any):
Project management associated with the design and construction and real property acquisitions .
16
Estimated construction start date and
duration of construction:
Start of construction is estimated for fall 2074 with a total
construction time of 1 year.
17 Expected Reimbursement Schedule:
(related to this exhibit amount only)
January
February
March
April
May
June
July
August
September
October
November
December
Calendar Year Calendar Year Calendar Year
2013 2014 2015
$25,000
$25,000
$25,000
$25,000
$100,000
$150,000
$25,000 $150,000
$25,000 $125,000
Total $50,000 $625,000 $0
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