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HomeMy WebLinkAboutResolution 2014-046 Approving Ina Road ImprovementsMARANA RESOLUTION NO. 2014-046 RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT /JOINT PROJECT ADMINISTRA- TION AGREEMENT WITH THE STATE OF ARIZONA ACTING THROUGH ITS DE- PARTMENT OF TRANSPORTATION FOR DESIGN ADMINISTRATION OF INA ROAD IMPROVEMENTS FROM SILVERBELL ROAD TO STARCOMMERCE WAY WHEREAS the Arizona Attorney General's office, on behalf of the Arizona Department of Transportation, has prepared an intergovernmental agreement/joint project administration agreement for the design of Ina Road improvements from Silverbell Road to Starcommerce Way; and WHEREAS the IGA/JPA will turn design administration of the Silverbell to Starcom- merce segment of the Ina Road project over to ADOT, in anticipation that the upcoming con- struction of this segment will be managed and administered by ADOT in connection with the State's upcoming I -10 /Ina Road traffic interchange project; and WHEREAS the Mayor and Council of the Town of Marana find that the proposed IGA/JPA is in the best interests of the Town of Marana and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, approving the intergovernmental agreement/joint project administration agreement for the design of Ina Road improvements from Silverbell Road to Starcommerce Way attached to this resolution as Exhibit A, and authorizing the Mayor 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 IGA/JPA. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 20th day of May, 2014. Mayor Ed ilonea ATTEST: APPROVED S TO FORM: t _ �e y C ronson, Town Clerk F ank C s idy, Town A om( (00037947.DOCX /) Resolution No. 2014 -046 j # (t""" ' r_- --•••; `-r 5/14/2014 11:10 AM FJC ADOT File No.: IGAMPA 14- 0004306 -I AG Contract No.: P001 2014 001623 Project: Ina Road Improvements Section: Ina Road from Silverbell Road — Star Commerce Way Federal -aid No.: 010- D(216)A ADOT Project No.: SB413 03D TIP /STIP No.: PAG 88.03 Budget Source Item No.: N/A INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA AND THE TOWN OF MARANA THIS AGREEMENT is entered into this date , 2014, 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" 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." L 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 § 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. In collaboration with the State's ongoing design and construction of the Ina Traffic Interchange (TI) at Interstate 10 (1 -10) (the "State's Project," H8479 01D /01C), the Town requests that the State design the Town's portion of the Ina Road improvements from Silverbell Road to Star Commerce Way, including but not limited to a bridge over the Santa Cruz River, hereinafter referred to as the "Project ". The Town will be responsible for the design, utility relocation and right -of -way acquisition costs associated with the Project. The Town will allocate up to $552,600.00 of Surface Transportation Program (STP) apportionment to the State for this Project and will be responsible for the required local match of $33,400.00 associated with the use of STP funds. 4. The State will administer the design of the Project. The plans, estimates and specifications for the Project will be prepared by the State and, as required, submitted to the Federal Highway Administration (FHWA) for approval. 5. The Parties shall perform their responsibilities consistent with this Agreement and any change or modification to the Project will only occur with the mutual written consent of both Parties. Exhibit "A" Page 2 IGA/JPA 14- 0004306 -I 6. The federal funds will be used for the design of the Project. The estimated Project design costs are as follows: SB413 03D (design): Federal -aid funds @ 94.3% (capped) $ 552,600.00 Town's match @ 5.7% $ 33,400.00 TOTAL Estimated Project Design Costs $ 586,000.00 Total Estimated Town Funds $ 33,400.00 Total Federal Funds $ 552,600.00 The Parties acknowledge that the final Project costs may exceed the initial estimate(s) shown above, and in such case, the Town is responsible for, and agrees to pay, any and all eventual, actual costs exceeding the initial estimate. If the final Project design cost estimate is less than the initial estimate, the difference between the final design cost estimate and the initial estimate will be de- obligated or otherwise released from the Project. The Town acknowledges it remains responsible for, and agrees to pay according to the terms of this Agreement, any and all eventual, actual costs exceeding the final Project design cost amount. THEREFORE, in consideration of the mutual Agreements expressed herein, it is agreed as follows: II. SCOPE OF WORK 1. The State will: a. Upon execution of this Agreement, be the designated agent for the Town for this Project, if the Project is approved by FHWA and funds for the Project are available. b. Upon execution of this Agreement, and prior to performing or authorizing any work, invoice the Town for the Town's match towards the Project design costs, currently estimated at $33,400.00. Once the Project design costs have been finalized, the State will either invoice or reimburse the Town for the difference between estimated and actual design costs. c. Upon receipt of the Town's estimated share of the Project design costs, submit all documentation required to FHWA pertaining to the above - mentioned Project with the recommendation that funding be approved for scoping /design. Request the maximum programmed federal funds for the scoping /design of this Project. Upon authorization, proceed to submit contract modification(s) to the consultant(s) for the design and post design of the State's Project. d. Prepare and provide all pertaining documents for the design of the Project; review and approve documents required by FHWA to qualify certain projects for and to receive federal funds, incorporating comments from the Town, as appropriate. Such work may consist of, but is not specifically limited to, environmental documents; the preparation of the analysis requirements for documentation of environmental determinations; review of reports, design plans, maps, and specifications; geologic materials testing and analysis; right -of -way related activities and such other related tasks essential to the achievement of the objectives of this Agreement. e. Be granted, without cost requirements, the right to enter Town right -of -way as required to conduct any and all pre- construction related activities for said Project, including without limitation, Page 3 IGA/JPA 14- 0004306 -I temporary construction easements or temporary rights -of -entry on to and over said rights -of -way of the Town. f. Notify the Town that the Project design has been completed and is considered acceptable. De- obligate or otherwise release any remaining federal funds from the scoping /design phase of the Project within ninety (90) days of Town acceptance. 2. The Town will: a. Upon execution of this Agreement, designate the State as authorized agent for the Town for this Project. b. Upon execution of this Agreement, and prior to performing or authorizing any work, and within thirty (30) days of receipt of an invoice from the State, remit to the State the Town's Project design costs, currently estimated at $33,400.00. Be responsible for any difference between the estimated and actual design costs of the Project. c. Review design plans, specifications and other such documents and services required by FHWA to qualify projects for and to receive federal funds. Provide design review comments to the State as applicable. d. Be responsible for all costs incurred in performing and accomplishing the work as set forth under this Agreement, not covered by federal funding. Should costs be deemed ineligible or exceed the maximum federal funds available, it is understood and agreed that the Town is responsible for these costs, payment for these costs shall be made within thirty (30) days of receipt of an invoice from the State. e. 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 design consultant claims for additional compensation caused by Project delays, payment for these costs shall be made within thirty (30) days of receipt of an invoice from the State. f. For any areas not acquired by the State, certify that all necessary rights -of -way have been or will be acquired prior to advertisement for bid and also certify that all obstructions or unauthorized encroachments of whatever nature, either above or below the surface of the Project area, shall be removed from the proposed right -of -way, or will be removed prior to the start of construction, in accordance with The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended; 49 CFR 24.102 Basic Acquisition Policies; 49 CFR 24.4 Assurances, Monitoring and Corrective Action, parts (a) & (b) and ADOT ROW Manual: 8.02 Responsibilities, 8.03 Prime Functions, 9.07 Monitoring Process and 9.08 Certification of Compliance. Coordinate with the appropriate State's Right -of -Way personnel during any right -of -way process performed by the Town, if applicable. g. Not permit or allow any encroachments upon or private use of the right -of -way, except those authorized by permit. In the event of any unauthorized encroachment or improper use, the Town shall take all necessary steps to remove or prevent any such encroachment or use. h. Grant the State, its agents and /or contractors, without cost, the right to enter Town rights -of- way, as required, to conduct any and all preconstruction related activities, including without limitation, temporary construction easements or temporary rights -of -entry to accomplish among other things, soil and foundation investigations. i. 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. Page 4 IGA/JPA 14- 0004306 -I 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 reimbursements. Further, this Agreement may be cancelled at any time prior to the start of the Project design contract, upon thirty (30) days written notice to the other Party. It is understood and agreed that, in the event the Town terminates this Agreement, the Town will be responsible for all costs incurred by the State up to the time of termination. It is further understood and agreed that in the event the Town terminates this Agreement, the State shall in no way be obligated to complete said Project. 2. The State assumes no financial obligation or liability under this Agreement, or for any resulting construction Project. 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 liability, costs and /or damage incurred by any of the above arising or resulting from the Agreement; and from any other liability, 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 (a) the State, any of its departments, agencies, officers and employees, or its independent contractors; or (b) 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 attomeys' fees. 3. The cost of design work under this Agreement is to be covered by the federal funds set aside for this Project, up to the maximum available. The Town acknowledges that the eventual actual costs may exceed the maximum available amount of federal funds, or that certain costs may not be accepted by the federal government as eligible for federal funds. Therefore, the Town agrees to furnish and provide the difference between actual Project costs and the federal funds received. 4. Should the federal funding related to this Project be terminated or reduced by the federal government, or if Congress rescinds, fails to renew, or otherwise reduces apportionments or obligation authority, neither Party to this Agreement shall be obligated to continue with the Project or provide funds for past, current or future expenses under this agreement. 5. The cost of the Project under this Agreement includes indirect costs approved by the Federal Highway Administration (FHWA), as applicable. 6. The Parties warrant compliance with the Federal Funding Accountability and Transparency Act of 2006 and associated 2008 Amendments (the "Act "). Additionally, in a timely manner, the Town will provide information that is requested by the State to enable the State to comply with the requirements of the Act, as may be applicable. 7. This Agreement shall become effective upon signing and dating of the Determination Letter by the State's Attorney General. 8. This Agreement may be cancelled in accordance with Arizona Revised Statutes § 38 -511. 9. To the extent applicable under law, the provisions set forth in Arizona Revised Statutes §§ 35 -214 and 35 -215 shall apply to this Agreement. 10. 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 Page 5 IGA/JPA 14- 0004306 -I Number 2009 -09 issued by the Governor of the State of Arizona and incorporated herein by reference regarding "Non - Discrimination ". 11. Non - Availability of Funds: Every obligation of the State under this Agreement is conditioned upon the availability of funds appropriated or allocated for the fulfillment 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. 12. 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. 13. The Parties shall comply with the applicable requirements of Arizona Revised Statutes § 41 -4401. 14. The Parties hereto shall comply with all applicable laws, rules, regulations and ordinances, as may be amended. 15. 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: Keith Brann 205S.17 th Avenue, Mail Drop 637E 11555 W. Civic Center Drive Phoenix, Arizona 85007 Marana, AZ 85653 (602) 712 -7124 (520) 382 -1999 (602) 712 -3132 Fax 16. 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 ED H NEA Mayor ATTEST: By DALLAS HAMMIT, P.E. Senior Deputy State Engineer, Development By JOCEIrk C. BRONSON Town IGA/JPA 14 -0004306 -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 /� day of 2014.