HomeMy WebLinkAboutResolution 2015-027 Amendment to IGA relating to I-10/Twin Peaks Traffice InterchangeMARANA RESOLUTION NO. 2015 -027
RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZIN G r: I JE MAYOR TO
EXECUTE AN AMENDMENT 1`0 AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE ARIZONA DEPARTMENT OF TRANSPORTATION AND THE TOWN OF
MARANA RELATING TO THE I -10 1 TWIN PEAKS TRAFFIC INTERCHANGE; AND
SUPERSEDING AND REPLACING MARANA RESOLUTION NO. 2014 -090
WHEREAS the Arizona Department of Transportation and the Town of Marana entered
into an intergovernmental agreement in 2007, authorized by Marana Resolution No. 2007 -109, to
facilitate the construction of the new I -10 Twin Peaks Traffic Interchange; and
WHEREAS the Arizona Department of Transportation requests amendment of the 2007
intergovernmental agreement to address ongoing maintenance and landscaping of the new I- 10
Twin Peals Traffic Interchange; and
WHEREAS the Mayor and Council adopted Resolution No. 2014090 on October 7,
2014, approving this same amendment, but later Arizona Department of Transportation revisions
to the intergovernmental agreement male it necessary to supersede and replace Resolution
No. 2014 -090 with this resolution; and
WIJEREAS the Mayor and Council of the Town of Marana feel it is in the best interests
of the Town of Marana to enter into this intergovernmental agreement amendment.
Now, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, that "Amendment No. One to In Ag reemen t between the
State of Arizona and the Town of Marana" (ADOT File No. IGAI.IPA 06- 148 -I; ADOT CAR
No. 13- 0001543-1; Amendment No. One: 14-0004629 -I; AG Contract No. KR07- 0594TRN;
ADOT Project 115838 01D/01C) between the Town of Marana and the State of Arizona acting
by and through its Department of Transportation, attached to and incorporated by this reference
in this resolution as Exhibit A, is hereby approved, and the Mayor is hereby authorized to exe-
cute it for and on behalf of the Town of Marana.
IT IS FURTHER R. RE SOL.VED that the Town's Manager and staff` are hereby directed
and authorized to undertake all. other and further tasks required or beneficial to carry out the
terns, obligations, and objectives of the intergovernmental agreement amendment.
IT IS FURTHER RESOLVED that Marana Resolution No. 2014 -090 adopted on Octo-
ber 7, 2014, is hereby superseded by and replaced with this resolution.
� 00041265,DOCX 1}
Marana Resolution No. 2015 -027 3/20/2015 11:29 AM F.1C
PASSED AND ADOPTED b the Ma and Council of the Town of Marana, Arizona,
this 24th da of March, 2015.
Ma Ed 14onea
ATTEST: APPROV AS 0 FORM:
cel roinsoin, Town Clerk Fra Cas Town Atto
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9 ARANAI 7
�00041265.DOCX /I
Manama Resolution No. 2015-027 - 2 -
I
3120/2015 11:29 AM FJC
ADOT File No.: IGAI JPA 05- 148- -I
ADOT CAR No.: 13-- 0001543 -1.
Amendment No. one: 14- 0004629 -1
AG Contract No.: KR07- 0594TRN
Project: Twin Peaks Linda Vista TI
Federal -aid No.: N/A
ADOT Project: H5838 01 DI01 C
CFDA No.: 20.205 - Highway Planning
and Construction
Budget Source Item No.: 14506
AMENDMENT No. ONE
TO
INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE STATE OF ARIZONA
AND
THE TOWN OF MARANA
THIS AMENDMENT NO. ONE to INTERGOVERNMENTAL AGREEMENT (the "Amendment No.
One's), entered into this date , 2015, pursuant to 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 Town and State are collectively referred
to as the "Parties."
WHEREAS, the INTERGOVERNMENTAL AGREEMENT, JPAIIGA 05- 148 4, A.G. Contract No. KR07-
0594TRN, was executed on August 1, 2007, (the "Original Agreement ");
WHEREAS, the State is empowered by Arizona Revised Statutes § 28 -401 to enter into this Amendment
No. One and has delegated to the undersigned the authority to execute this Amendment No. One on
behalf of the State;
WHEREAS, the Town is empowered by Arizona Revised Statutes § 09 -240 to enter into this Amendment
No. One and has by resolution, a copy of which is attached hereto and made a part hereof, resolved to
enter into this Amendment No. One and has authorized the undersigned to execute this Amendment No.
One on behalf of the Town; and
NOW THEREFORE, in consideration of the mutual agreements expressed herein, the purpose of
this Amendment No. one is to define maintenance responsibilities for ADOT and the Town. The
Parties desire to amend the original Agreement, as follows:
Page Z ADOT File No.: IOAIJPA 06- -148 -1
ADOT CAR No.,13- 0081543 -t
Amendment No. One: 14- 0004629 -1
t1 ... _ ...-- SCOPE.OF.....WORK.
Section Il. Paragraph 2. j. is revised and replaced, as follows:
2. The Town shall:
j. After construction, be responsible for ownership and maintenance of the portion of the Project
outside of ADOT's right -of -way limits; be responsible for maintenance of the portion of the Project inside
of ADOT's right-of-way limits, as specified below and per Exhibit 1;and waive the requirements of Arizona
Revised Statutes § 28 -7209. No outdoor advertising structures shall be placed within the Project limits.
(Area depicted on Exhibit 1 outside the above listed areas will be abandoned by Arizona Transportation
Board Resolution upon completion of the Project.)
i. Perform maintenance of State right -of -way and easements on Twin Peaks Road as
described below. Also maintain paint, artwork and graffiti abatement within the Twin Peaks traffic
interchange.
ii. Perform routine Maintenance of ALL ground - mounted signs on Twin Peaks Road
outside of the interchange ramps. The Town will also maintain stop /street sign assemblies at the
frontage road intersections. These signs will be replaced on an as needed basis when damaged,
vandalized, removed or faded to where reflectivity is below standard.
iii. In the event that the Town is performing striping maintenance along Twin Peaks
Road, Town shall also perform striping maintenance within the ADOT right of way limits of Twin
Peaks Road including crosswalks, stop bars, turn lane legends and lane and shoulder striping.
iv. Properly maintain non - structural (not part of any bridge structure) sidewalks in a safe
condition. Maintenance will include, but not be limited to, keeping the pathway surface and
surrounding area free of debris, undesirable weeds and grasses, trash and litter. The sidewalk
surface will be repaired or concrete slabs replaced as necessary to correct trip hazards and any
erosion around the sidewalk shall be maintained to the final grade at time of completion of the
sidewalk construction.
v. Be responsible for the water and electrical utility costs and the backflow testing for
the landscape irrigation system.
vi. Perform routine maintenance of publicly owned landscaping and irrigation system
and to assure permitted landscaping is properly maintained. Maintenance will consist of the
following: caring for all plants in accordance with acceptable horticultural practices; keeping rock
mulch as a consistent and uniform ground cover; repairing any erosion damage in the landscape
area; keeping all areas free of weeds, undesirable grasses and litter; applying
insecticidelherbicide sprays and dust palliative to combat diseases and other pests; pruning and
replanting vegetation as required; and keeping all landscape features as it was designed and
established at the completion of the project. Maintenance of the irrigation system includes all
testing, adjusting, repairing, and checking the operation of the system to keep it fully functional
as designed.
vii. In the event that the Town is performing street sweeping maintenance along Twin
Peaks Road, Town shall also perform street sweeping maintenance within the ADOT right of way
limits of Twin Peaks Road.
viii. Assure all maintenance work is conducted in a manner to minimize traffic
congestion and interference with through traffic. All traffic control will meet the requirements of
the Arizona Department of Transportation Uniform Traffic Control Manual and the Manual on
Uniform Traffic Control Devices, latest edition adopted by the State with their revisions,
Page 3 ADOT File No.: IGAIJPA 06-148-1
ADOT CAR No.: 13-0001543-1
Amendment No. one: 14-0004629-1
Section 111. Paragraph 3. f. is revised and replaced as follows:
3. The State shall:
f. After construction, be responsible for ownership and maintenance of all right -of -way
inside and outside of access control as depicted on Exhibit 1, conveyed to the State by the Town
through Transportation Board Resolution including: Twin Peaks Road from Tiffany Loop Road
station 39 +40 left and station 43 +64,76 left to Twin Peaks Road station 108 +90.31 left and station
108 +99.51 right; Interstate 10 from station 4783 +00 to station 4863 +00; eastbound frontage road
from station 1565 +21 to station 1647 +01; westbound frontage road from station 1574 +06 to station
1634 +00. Maintenance of non - structural sidewalks, landscaping (including landscaping water and
electrical costs to maintain the irrigation), and artwork fixtures, paint, and graffiti abatement) of
said project shall be the responsibility of the Town.
11111. MISCELLANEOUS PROVISIONS
Section III, Paragraph 1. is revised; and Paragraphs 11. and 12. are added, as follows:
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. It is
further understood and agreed that in the event the Town terminates this Agreement, the State
shall in no way be obligated to maintain said Project. The Town assumes full responsibility for
the design, plans, specifications, reports, and the engineering in connection therewith of any
design contractor cost over -runs and design claims. It is understood and agreed that, the Town
shall provide maintenance for the sidewalk, landscaping, irrigation, irrigation water and electrical
costs for the irrigation on ADOT's right -of -way of said Project.
11. The Parties shall comply with the applicable requirements of Arizona Revised Statutes
§ 41 -4401.
12. The Parties hereto shall comply with all applicable laws, rules, regulations and ordinances,
as may be amended.
EXCEPT AS AMENDED herein, ALL OTHER terms and conditions of the original Agreement remain in
full force and effect.
Page 4
ADOT File No.: I GAIJ PA 06- 148- -I
ADOT CAR No.: 13-0001543-1
Amendment No. One: 14- 0004629 -I
THIS AMENDMENT NO. ONE shall become effective upon signing and dating of the Determination Letter
by the State's Attorney General.
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 Amendment No. One and that the Amendment No. One is in proper
form.
IN WITNESS WHEREOF, the Parties have executed this Amendment No. One the day and year first
above written.
TNIAI i nCnnAQAKiA
M
ATTEST:
STATE OF ARIZONA
Department of Transportation
STEVE BOSCHEN, P.E.
ITD Development Director
002
�.
dn
MRONS
ADOT File No.: IGA1J PA 06 -148 -I
ADOT CAR No.: 13-0001543-1
Amendment No. One: 14- 0004620 -I
ATTORNEY APPROVAL FORM FOR THE TOWN OF MARANA
have reviewed the above referenced Amendment No. One to the Original 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 Amendment No. One 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 Amendment No. Cane.
DATED this
day of G`! , 2015.
own rney
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