HomeMy WebLinkAboutResolution 2015-003 Mayor to execute IGA with State of Arizona through its Dept of Transporation for Paining ADOT BridgesMARANA RESOLUTION NO, 2015-003
RELATING TO PUBLIC WORKS APPROVING AND AUTHORIZING THE MAYOR TO
EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF ARIZONA
ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION FOR
PAINTING ADOT BRIDGES
WHEREAS the Arizona Department of Transportation and the Town of Marana have ne-
g otiated an inter a to facilitate the Town's paintin of ADOT brid lo-
cated within the town limits of Marana and
WHEREAS the Ma and Council of the Town of Marana find that enterin into the in-
ter a is in the best interests of the Town of Marana.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, that the Inter A between the State of Arizona act-
in b and throu its Department of Transportation and the Town of Marana for paintin
ADOT brid (ADOT CAR No. IGA/JPA 14-0004536-1 AG Contract No. POO 1 2014 00328 1)
attached to and incorporated b this reference in this resolution as Exhibit A is hereb approved,
and the Ma is hereb authorized to execute it for and on behalf of the Town of Marana.
IT IS FURTHER RESOLVED that the Town's Mana and staff are hereb directed
and authorized to undertake all other and further tasks re or beneficial to carr out the
terms, obli and ol�jectives of the inter a
PASSED AND ADOPTED b the Ma and Council of the Town of Marana, Arizona,
this 6th da of Januar 201. 5.
Ma Ed Ylonea
ATTEST: APPROVED AS TO FORM:
ocel ' -a e Wronson I'own Clerk Cassi Town Atto
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MARANA.
M',11-MM RCSOILItIon 2015-003 {00040552.DOCX 1} 12/22/2014 5:12 I'M FJC
ADOT CAR No.: I GA /J PA 14-0004535 --1
AG Contract No.: P001 2014 003281
Project: Painting ADOT Bridges
Section: Various Locations
Federal -aid No,: NIA
ADOT Project No.: NIA
TI PISTI P No.: NIA
CFDA No.: 20.205 - Highway Planning
and Construction
Budget Source Item No.: NIA
INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE STATE OF ARIZONA
AND
TOWN OF MARANA
THIS AGREEMENT is entered into this date F e b 2015 , pursuant to
the Arizona Revised Statutes §§ 11 -951 through 11 -9 , 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 ".
V PF[;1TAI R
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 on behalf of the Town.
3. The Town will paint any or all of the existing ADOT bridges, piers and slope paving at the
following interstate 10 Traffic Interchanges (TI): Marana Road -- Mile Post (MP) 230.42. Tangerine Road
— MP 240.42, Avra Valley Road — MP 242.95, Cortaro Road MP 240.73 and Orange Grove Road — MP
250.04, hereinafter referred to as the "Project ". The State and the Town will come to an agreement on
the color scheme. The Town will be responsible for all costs associated with Project including, but not
limited to, maintaining the paint and graffiti removal.
4. The Parties will 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.
5. The Project will be performed, completed, accepted and paid for in accordance with the
requirements of the Project plans and specifications
THEREFORE, in consideration of the mutual covenants expressed herein, it is agreed as follows:
Page 2
OA/J PA 14- 0004536 -1
II. SCOPE OF WORK
1. The State will:
a. Review the Town's paint color scheme for acceptability and give written approval once
accepted.
b. Issue, per established procedures of the State's Tucson District Permit office, a valid yearly
blanket Encroachment Permit for the routine /normal maintenance work to be performed by the Town
within the State's rights -of -way. Process any other Encroachment Permits that may be needed to work
within the State's right -of -way to effectively meet the obligations set forth for the Town in this Agreement.
The State agrees all activities that are reasonably required to be performed by the Town under this
Agreement shall be set forth in and covered by the appropriate Encroachment Permit.
c. Notify the Town to re -paint surfaces affected by any repair work completed by the State along
Project areas.
2. The Town will:
a. Provide paint color schemes to the State for review and approval. once accepted any future
color changes shall require written approval and acceptance.
b. Request and maintain, per established procedures of the State's Tucson District Permit
Office, a valid blanket Encroachment Permit for routine /normal maintenance work provided by the Town
within the State's rights -of-way. Agree to obtain separate permits for any new construction and/or
installations in accordance with the Tucson District's established procedures. The Town agrees all
activities performed by the Town under this Agreement shall be set forth in and covered by the
appropriate Encroachment Permit.
c. Agree all activities performed by the Town or its contractor, under this Agreement shall be set
forth in and covered by the appropriate Encroachment Permit.
d. Re -paint surfaces to an acceptable condition after any repair work has been performed by the
State, upon notification by the State of completion of such work.
e. Upon completion of the Project, assume responsibility of maintaining the painted surfaces to
an acceptable condition and removal of graffiti from painted surfaces at its sole expense.
f. Require written approval and acceptance from the State for any future color change.
III. MISCELLANEOUS PROVISIONS
1. The terms, conditions and provisions of this Agreement shall remain in full force and effect until
completion of the Project. All maintenance obligations contained herein shall be perpetual, unless
assumed by another competent agency. This Agreement may be cancelled at any time, prior to painting
any surface, upon thirty (30) days written notice to the other party. It is further understood and agreed
that, in the event Town cancels this Agreement, the State shall have no other obligation to continue with
the maintenance of paint.
2. The State assumes no financial obligation or liability under this Agreement, or for any resulting
Project. The Town, in regard to the Town's relationship with the State only, assumes full responsibility for
the painting and maintenance, cost overruns and claims. It is understood and agreed that the State's
participation is confined solely to the fulfillment of responsibilities of the State as specifically set forth
Page 3 IGAIJPA 14- 0004536 -1
herein; and 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.
3. This Agreement shall become effective upon signing and dating of the Determination Letter by
the State's Attorney General.
4. 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.
5. This Agreement may be cancelled in accordance with Arizona Revised Statutes § 38 -511.
6. The provisions of Arizona Revised Statutes § 35 -214 are applicable to this Agreement.
7. 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 Carder
Number 49 -09 issued by the Governor of the State of Arizona and incorporated herein by reference
regarding "Non -- Discrimination ".
8. 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.
9. 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.
10. The Parties shall comply with the applicable requirements of Arizona Revised Statutes § 41-4401
and Title 34 of the Arizona Revised Statutes.
11. The Parties hereto shall comply with all applicable laws, rules, regulations and ordinances, as
may be amended.
12. 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: Ryan Benavides
205S. 17 Avenue, Mail Drop 637E 5100 W. Ina Road
Phoenix, Arizona 85007 Marana, Arizona 85743
(602) 712 -7124 (520) 382 -2675
(602) 712 -3132 Fax Fax (920) 382 -2640
13. 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.
Pa 4
TOWN OF MAFbANA
By ED HONEA
Ma
ATTEST:
IGA/JPA 14-0004536-1
STATE OF ARIZONA
D e p artment Trans"�Mat
B
STEVE BOSCHEN, P.E.
Senior Deput State En Development
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J PA 14- 0004536 -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.
W5
DATED this
12015.
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4
MARK BRNOViCli OFFICE OF THE ATTORNEY GENERAL
ATTORNEY GENERAL TRANSPORTA•I'10N SECTION
INTERGOVERNMENTAL AGREEMENT
DETERMINATION
SUSAN E. DAVIS
ASSISTANT ATTORNEY GENE
DIRECT LINE, 602-542-8855
E-MAIL: SUSAN....DAVIS@A2AG. GOV
A. G. Contract No. P0012014003281 (ADOT IGA/JPA 14-0004536-1 an A
between public a the State of Arizona and Town of Marana, has been reviewed
pursuant to A.R.S. §§ 11-952, as amended, b the undersi Assistant Attorne
General who has determined that it is in the proper form and is within the powers and
authorit g ranted to the State of Arizona.
No opinion is expressed as to the authorit of the remainin Parties, other than the
State or its a to enter into said A
I JDA101 I
Februar 4, 2015
MARK BRNOVICH
Attorne General
l�
SUSAN E. DAVIS
Assistant Attorne General
Transportation Section
SED.-rl:#4818790
Attachment
12/5 We5� Washin Phoenix, Rrizooa &5007-2926 o Phone 602-542-7680 9 FaA' 602 -5,112-36q6