HomeMy WebLinkAboutResolution 2016-102 Approving IGA relating to Ina Road traffic interchangeMARANA RESOLUTION NO, 2016 -102
RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZING THE MAYOR. TO
SIGN AN INT E RGO V ERNMEN AGREEMENT AND AGREEMENT AMONG THE
STATE OF .ARIZONA, THE TOWN OF M.ARANA., AND THE PIMA ASSOCIATION OF
GOVERNMENTS RELATING TO INA ROAD TRAFFIC INTERCHANGE AND INA ROAD
IMPROVEMENTS, SILVERBELL ROAD TO CAMINO DE LA CRUZ
WHEREAS the Arizona Department of Transportation is under construction with im-
provements to the Ina Road Traffic Interchange at Interstate 10 and other related public roadway
and infrastructure improvements from Starcommerce Way on the west to Canino de la Cruz on
..the east; and
WHEREAS the Arizona Department of Transportation is willing to execute an amend-
ment to its construction contract to Town - funded improvements to Ina Road from Silverbell
Road on the west to Starcommerce way on the east, and has prepared a proposed draft agree -
ment to facilitate the construction; and
WHEREAS 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, TH EREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MA.RANA, that the "Intergovernmental Agreement and Agreement among the State
of Arizona, the Town of Marana, and the Pima Association of Governments" (ADOT File No.:
IGAI.IPA: 15- 0005483MI; AG Contract No.: P001- 2015- 003085; Project: Ina Road TI and Ina
Road Improvements; Section: Ina Road; Silverbell Road to Camino de la Cruz; Federal Aid No:
MRN- 0(014)S; ADOT Project No.: S1341301 C), attached to and incorporated by this reference in
this resolution as Exhibit A, is hereby approved, and the Mayor is hereby authorized to sign it for
and on behalf of the Town of Marana.
IT IS FURTHER RESOLVED that the T'own's Manager and staff are hereby directed
and authorized to undertake all other and further tasks required or beneficial to carry out the
terms, obligations, and objectives of the intergovernmental agreement.
00048971.17OCA Il
Marana ReSO11If iffl NO. 2016-102 - - 9/23/2016 4.491'M
A
PASSED AND AD01"IT ' D b dic Ma and Council of the Town of Marana, Arizona,
this 4 Ih da of October, 2016.
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Ma Ed Honea
ATTEST:
cel onson, Towli Cler
APPROVE AS TO FORM:
Ca�io� Town Atto
0004 897 1. DOCX /I
Marana Resolution No. 2016-102 - 2 - 9123/2016 4:49 PM
ADOT File No.: IGA/JPA: 15-0005483 -1
AG Contract No.: P001 -2015- 003085
Project: Ina Road TI and Ina Road Improvements
Section: Ina Road; Silverbell Road to Camino de
la Cruz
Federal Aid No: MRN- 0(014)S
ADOT Project No.: SB41301C
Budget Source item No.: PAG Advance
Construct
INTERGOVERNMENTAL AGREEMENT AND AGREEMENT
AMONG
THE STATE OF ARIZONA,
THE TOWN OF MARANA
AND
THE PIMA ASSOCIATION OF GOVERNMENTS
THIS AGREEMENT is entered into this date , 2016, pursuant to
Arizona. Revise .Statu.tes. secti.o.ns. A.R.S. § §)..11- 951.through 11 -954, as amended, by and between the
STATE OF ARIZONA, acting by and through its DEPARTMENT OF TRANSPORTATION (the "State" or
"ADOT "), the TOWN OF MARANA, acting by and through its MAYOR and TOWN COUNCIL (the "Town "),
and PIMA ASSOCIATION OF GOVERNMENTS, acting by and through its REGIONAL COUNCIL ( "PAG "). The
State, the Town, and PAG are collectively referred to as the "Parties," any one of which is sometimes
individually referred to as a "Party."
DEFINITIONS
"Abandonment Segments" those segments of public right --of -way identified as "Abandoned Segments"
in attached Exhibits 3 and 4.
"AC Conversion " - the obligation of PAG's federal apportionments and obligation authority in one or
more years to liquidate an amount authorized as Advance Construction for a project.
"access Control " — Boundaries identified and described as Access Control in the attached Exhibits.
"ADOT Project Number " - the Project identifier established in ADOT's accounting system to track
Advance Construction, expenditures and reimbursements for each Project segment, as identified in the
Exhibits.
"Advance Construction" or "AC" -- the advanced authorization of the cost of a project in the TIP and STIP
by the FHWA, enabling the Project segment to proceed without obligating current to 23 U.S.C. 115.
"CHAR" - the Construction Manager at Risk process is described in A.R.S. § 28 -7365.
"Federal Aid Funding " - federal -aid highway program apportionments and obligation authority
programmed by PAG for Project H8479 and Project S13413.
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"Federal Fiscal Year" or "FFY" the Fiscal Year that begins on October 1 and continues through
September 30 of the following calendar year, for example "FFY 17" means the FFY ending September 30,
2017.
"FNWA "- Federal Highway Administration.
" inalAcceptance" - the meaning is found in the Standard Specifications.
"Fiscal Year" or "FY "- the Town, PAG and State's fiscal year that begins on July 1 St and continues through
June 30 of the following year, for example "FY 17" means the FY ending June 30, 2017.
"LGIP -GOV" -- the State Treasurer's Local Government Investment Pool for political subdivisions in this
State created pursuant to A.R.S. Section 35 -325, investments of which are invested only in securities
that carry the full faith and credit of the United States government.
"Plans " - design plans, specifications and other documents necessary for bidding and building the
Project.
"Project Costs " - the aggregate amount associated with the design, and construction of Project H8479
and /or Project SB413.
"RMAP" (Regional Mobility and Accessibility Plan) - PAC's Regional Transportation Plan that establishes
funding for freeways, streets, transit, planning, bicycle /pedestrian and air quality, and establishes 20
year life cycle programs for freeway, street and transit projects.
"Standard Specifications" W according to ADOT 2008 Standard Specifications for Road and Bridge
Construction.
"STIP "- the State Transportation Improvement Program that incorporates the TIP.
"TIP " - PAC's adopted Transportation Improvement Program that outlines PAC's five (5) year plan for the
design, right -of -way acquisition, construction and the reimbursement for the projects listed in the PAG
planning area.
"Year of Expenditure" the FY in the TIP in which the Town expends local funds for the cost to design,
acquire rights -of -way or construct Project S13413.
"Year of Reimbursement " -- the FFY that federal funds are programmed in the TIP for reimbursement by
FHWA to the Town for the Federal -Aid Funding share of the Project SB413 cost.
1. The State is empowered by A.R.S. § 28 -401 to enter into this Agreement and has delegated to
the undersigned the authority to execute this Agreement on behalf of the State.
Page 3 IGA /JPA 15- 0005483 -I
2. The Town is empowered by A.R.S. § 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. PAG is empowered by A.R.S. §§ 28 -6308 and 28 --6353 to enter into this Agreement and has
authorized the undersigned to execute this Agreement on behalf of PAG.
4. This an intergovernmental agreement, authorized by A.R.S. §§ 11 -951 through 11 -954, between
the State and the Town.
5. Project H8479, collectively refers to all of the following: "I-10 /Ina Road Traffic Interchange"
begins north of Ina Road (Station 4959 +35.23, EB Milepost 247.48) and extends south
approximately 2.03 miles to just south of Ina Road (Station 5068 +12.95, EB Milepost 249.51)
along Interstate 10 (1 -10). Project H8479 includes improvements along Ina Road beginning just
west of Starcommerce way (Station 77 +62.85) and extend east to Camino de la Cruz (Station
121 +01.84) in the Town of Marana, as shown in Exhibit 1. The proposed work along 1 -10 consists
of reconstruction of an urban divided freeway including: construction of one new AASHTO
.....concrete girder bridge over 1 -10, construction of one new AASHTO girder bridge over the Union
Pacific Railroad, and construction of new 1 -10 on /off ramps at Ina Road. The proposed work
along Ina Road includes widening of the existing Ina Road roadway to a four -lane divided
roadway. other work along Ina Road includes: furnishing and placing concrete and asphalt
concrete pavement; drainage facilities; installing guardrail and concrete barrier; drainage
facilities for storm drain system and concrete box culverts; sewer and water line installations;
other utility relocations as appropriate, freeway management system modifications; demolition
of the existing bridges, landscaping and irrigation, hereinafter collectively referred to as "Project
H8479 ".
6. Project S13413, collectively refers to all of the following: "Ina Road Improvements" begin just
east of Silverbell Road (Station 204 +00.00) and extends just west of Starcommerce way (Station
246 +30.79), along Ina Road in the Town of Marana, as shown in Exhibit 1. The proposed work
along Ina Road includes widening of the existing Ina Road roadway to a four -lane divided
roadway, including construction of two new AASHTO girder bridges over the Santa Cruz River.
Other work along Ina Road includes: furnishing and placing concrete and asphalt concrete
pavement; drainage facilities; installing guardrail and concrete barrier; drainage facilities for
storm drain systems; sewer and water line installations; other utility relocations as appropriate,
modifications to soil cement grade control structure, bank protection; demolition of the existing
bridges, landscaping and irrigation, hereinafter collectively referred to as the "Project SB413 ".
7. The Town and PAG wish to advance the construction of Project SB413 and to have the State
construct it in conjunction with the State's construction of Project H8479.
8. The Town is willing to expend Town funds to complete Project S13413, and the Town and PAG
request the State submit Project SB413 to FHwA for approval for AC authorization and Federal -
Aid Funding.
9. The State and PAG have programmed in FFY 2017 $14,000,000.00 in Federal --Aid Funding for
Project S13413.
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IGA /1PA 15- 0005483 -I
10. The Parties acknowledge and understand that AC authorization is not a guarantee of Federal --Aid
Funding availability and that the final actual cost of Project SB413 may exceed the estimates
programmed in the proposed 2017- 2021 TIP.
11. The State and the Town agree to the following: the State will, abandon and transfer ownership
jurisdiction and maintenance responsibilities for portions of Project H8479 and all of Project
SB413 to the Town, refer to Exhibits 3 and 4 for abandonment limits. Upon substantial
completion of Project H8479 and Project SB413 (to be determined by the State), and with
approval by Resolution of the State's Transportation Board, the Town will accept ownership
jurisdiction and maintenance responsibilities for portions of Project H8479 and all of Project
SB413. In consideration of the construction contemplated by this Agreement the Town waives
the requirements of A.R.S. Section § 28 -7209 and will maintain the sections of right -of --way
mentioned above in perpetuity.
12. The State will submit the request for approval of federal funds to advance the construction of
Project SB413 to the FHWA. The estimated federal funds, are identified in the current PAG TIP
and the STIP as ID# 88.03 for FFY 2017 -2021 as follows: FFY 2017 $14,,000,000.00. The final
actual cost may exceed the estimates programmed in the current PAG TIP, and in such case the
Town is responsible for any and all costs which exceed the federal aid funding programmed for
Project SB413 and/or any and all costs deemed ineligible for reimbursement. Additional
estimated Local funds will be needed for Project SB413 based on current Project estimates.
13. The Town is willing to expend Town funds to complete Project S13413. Therefore, the Town and
PAG request the State submit Project SB413 to FHWA for approval for AC authorization and
federal aid funding.
14. The State's only interest in Project SB413 is in obtaining FHWA approval for AC authorization
and federal aid funding for the Project S13413.
15. It is understood and agreed to by the Parties that AC authorization is not a guarantee of federal
aid availability.
16. PAG and the Town have agreed to contribute an estimated amount of $23,000,000.00 from
programmed funds scheduled in 2017 -2021 towards all costs of Project SB413 to include
construction engineering and construction administration.
17. The estimated Project SB413 costs, including applicable indirect costs approved by FHWA, are as
follows:
Construction Project SB413
Estimated Town funds $ 9
PAG STP FY 17 funds @ 94.3% of $14,000,000.00 (Fixed) $ 13,202,000.00
Town's match funds @ 5.7% of $14,000,000.00 (Fixed) $ 798,000.00
Sub Total Construction Costs $ 23,000,000.00
Page 5 IGA /1PA 15- 0005483 -I
Total Estimated Town Funds $ 9,798,000.00
Total Fixed Federal Funds $ 13,202,000.00
Estimated TOTAL Project SB413 Construction Costs* $ 23,000
* (Includes 15% CE (this percentage is subject to change, any change will require concurrence
from the Town) and 5% Project contingencies).
THEREFORE, in consideration of the mutual agreements expressed herein, it is agreed as follows:
Ill. SCOPE OF WORK
1. The State will:
a. Advertise, award, bid and administer construction of roadway widening improvements
along Ina Road for Project H8479 and Project S13413.
b. obtain federal funds for the design, construction and reconstruction costs of Project H8479.
c. Upon execution of this Agreement, accept from PAG $13,202,000.00 of PAG STP
apportionments, for the cost to select a consultant and administer the construction and
construction engineering of the Project.
d. Administer Project SB413 for the Town.
e. Be the Town's designated agent for obtaining approval from FHWA for AC authorization
and future Federal -Aid Funding of Project SB413, as approved by PAG in the Year of
Reimbursement identified in the TIP.
f. Be the authorized agent for and on behalf of the Town for Project S13413, including design,
construction, acquisition of right -of-way, and all related activities.
g. Upon execution of this Agreement and prior to any work being undertaken on Project
SB413, pay all Project costs from funds deposited by the Town's (attached as Exhibits (A and
B) and PAG's contribution.
i. Monthly invoice the Town, for Project construction costs that are to be funded with
Town or programmed funds in excess of the State's contribution.
ii. Credit interest earnings on monthly cash balances into the Town's deposit account.
Once all Project costs from Federal sources have been paid, use its best efforts to "draw
down" the balance of the deposit account in such a manner so as to retain a sufficient
balance to fund future estimated monthly Project costs.
iv. The Town is required to deposit $9,.798,.000.00 no later than 5:00 pm MST, October 18,
2016 into the LGIP account for the Town's estimated share of the Project SB413 costs.
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IGA /JPA 15- 0005483 -I
Interest on Town's LGIP Account shall also be for the benefit of the Town, available to
pay for monthly actual Project costs.
v. Assist the Town with the establishing of a Local Government Investment Pool (LGIP)
account with the Arizona State Treasurer's Office on or before October 18, 2016.
h. After receipt of the Town's estimated share of Project SB413 construction costs, submit all
documentation required to FHWA with the recommendation that funding be approved for
construction and request the maximum programmed for the construction of Project SB413
be approved. Should costs exceed the maximum federal funds available, it is understood and
agreed that the Town will be responsible for any overage.
L If for any reason it becomes apparent that the Town's share of costs for Project SB413 may
exceed the estimated costs, the State will provide an amended estimate and invoice the
Town. In addition, once construction costs have been finalized, the State will either invoice or
reimburse the Town for the difference between actual Project SB413 construction costs and
the amount previously paid.
j. Review Project SB413 design plans, specifications and other such documents and provide
services required for the construction and construction administration of Project SB413 and
provide comments to the Town, as appropriate.
k. Acquire CMAR services in accordance with A.R.S. § 28 -7366.
1. on behalf of the Town, perform certain work and prepare certain documents required by
FHWA to qualify and receive AC authorization and federal aid funds. Such work may consist
of, but is not specifically limited to, the review and approval of the Town's prepared
environmental documents; the preparation of the analysis requirements for documentation
of environmental categorical exclusion determinations; review of reports, design plans,
maps, and specifications; geologic materials testing and analysis; utility relocation activities;
right -of -way related activities and such other related tasks essential to the achievement of
the objectives of this Agreement (when specifically authorized by, for and on behalf of the
Town, and at no cost to the State).
m. Not be obligated to incur any expenditure for Project S13413.
n. Abandon and transfer ownership, jurisdiction, and maintenance responsibilities to the Town
for the Abandonment Segments, as more specifically described in Article IV of this
Agreement.
o. Not be obligated to maintain Project SB413, even if the Town fails to budget or provide for
proper and perpetual maintenance as set forth in this Agreement.
p. Invoice the Town for any payment of contractor claims for additional compensation in
Project S13413, as per Section III paragraph 2, of this Agreement.
Page 7
2. The Town will:
IGA /JPA 15- 0005483 -I
a. Upon execution of this Agreement, designate the State as authorized agent for the Town.
b. Be responsible for all costs of the Project not covered by federal funds.
c. Be responsible for payment of any contractor claims for extra compensation. The State will
administer the process and the Town will have input in the claims process. All settlements
will be jointly approved. The Town will deposit 100% of cost increases due to change orders
into the LGIP account.
d. Upon execution of this Agreement, and no later than 5:04 pm MST,. October 18, 2016,
deposit the amount of $9,798,000.00, into the LGIP account for the Town's estimated share
of the Project SB413 costs.
e. Submit a request for AC authorization to the State for FHWA approval of the eligible
estimated costs of Project SB413 as identified in PAC's TIP.
f. Provide to the State any required preliminary engineering and planning studies, the
environmental analysis, and design of Project SB413.
g. Be responsible for costs of all right -of-way needed for construction of Project SB413,
including, without limitation, the acquisition and removal of all outdoor advertising
structures within Project SB413 limits and the provision and payment for all right-of-way
relocation assistance and benefits, if any.
h. Pay all Project SB413 utility relocation costs designated as Prior Right Town of Marana costs.
i. Pay, or reimburse the State for, all costs and fees associated with obtaining environmental
clearances and complying with environmental requirements, including archeological/
cultural/biological mitigations, for Project S13413.
j. Provide to the State all original, recorded vesting documents and title insurance policies for
Project SB413.
k. Upon substantial completion of Project H8479 and Project SB413, (to be determined by the
State), and with approval by Resolution of the State's Transportation Board, will accept
ownership jurisdiction and maintenance responsibilities of Project H8479 and Project SB413,
as per Article IV. 1. of this Agreement. The Town waives the requirements of A.R.S. Section §
287209, as provided in Section IV of this Agreement and will maintain the sections of right -
of-way mentioned above in perpetuity.
I. Provide easements for existing utilities, if any, within the abandonment area, are reserved in
accordance with A.R.S. § 28-7210. Access to the existing utilities will be by way of what
exists at the time of the abandonment to the local governing agency.
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IGA /JPA 15- 0005483 -I
m. Assist the State in leading the community, agency, and environmental public involvement
efforts, as required.
n. Certify that all necessary rights -of -way have been or will be acquired prior to advertisement
for bid and that all obstructions or unauthorized encroachments of any nature, either above
or below the surface of Project SB413, 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: 5.02 Responsibilities, 8.03 Prime Functions, 9.06
Monitoring Process and 9.07 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.
o. waive all permits and permit fees associated with Project SB413 that would otherwise be
required.
p. Not permit or allow any encroachments upon or private use of the right -of -way, during
State control, 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.
q. Be obligated to incur any expenditure should unforeseen conditions or circumstances
increase Project SB413 costs.
r. Be responsible for the cost of any requested changes to the scope of work of Project 56413
(such changes will require State and FHWA approval).
s. Be responsible for any contractor claims for additional compensation.
t. Perform all of the following after the State Transportation Board's action abandoning the
Abandonment Segments:
i. Maintain paint, artwork and graffiti abatement within the Ina traffic interchange.
ii. Perform routine maintenance of ALL ground - mounted signs on Ina Road outside of the
interchange ramps.
iii. 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.
iv. Perform street sweeping maintenance within State right -of -way limits of Ina Road when
the Town performs street sweeping maintenance along adjacent sections of Ina Road.
Page 9 IGA /JPA 15- 0005483 -I
v. Perform striping maintenance within State right -of -way limits of Ina Road including
crosswalks, stop bars, turn lane legends and lane and shoulder striping when the Town
performs striping maintenance along adjacent sections of Ina Road.
vi. 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. Maintenance will be in accordance
with ADA guidelines.
vii. Be responsible for water and electrical utility costs and backflow testing for the
landscape irrigation system.
viii. Perform routine maintenance of publicly owned landscaping and irrigation systems and
assure permitted landscaping is properly maintained. Maintenance will consist of 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
insecticide/herbicide 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 Project H8479 and Project S13413.
Maintenance of the irrigation system includes all testing, adjusting, repairing, and
checking the operation of the system to keep it fully functional as designed.
ix. 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 any
revisions.
u. In good faith, deposit into the LGIP Account with the State Treasurer's office $9,798,000.00
no later than 5:00 pm MST, October 18, 2016 for the Town's estimated share of the Project
SB413 costs for the SB413 construction contract.
i. The LGIP account will be drawn down based on the proportional share of the Town's
contribution to the total Project cost. The Town's proportionate share will be calculated
based upon the PAG contribution and the Project cost. The numerator is the Project
Cost minus $9,798M and the denominator is the Project Cost ((Project Costs -
$9,798M) /Project Cost).
ii. It is the expectation of the Parties that upon payment of the last invoice and completion
of the Project, there will be no money left on deposit. Any funds remaining on account
will be paid to the Town. All money on deposit with ADOT shall be deposited in an
interest bearing escrow account at the State Treasurer's Office All interest shall be
credited to the Town's portion of the Project costs.
Page 10
3. PAG will:
IGA /1PA 15- 0005483 -I
a. within 30 days of execution of this Agreement,. PAG will contribute STP and HURF
apportionments to the State, in a fixed amount of $13,202,000.40 towards the Project
construction costs.
b. Provide guidance to the Town, as needed, regarding the policies and procedures associated
with the RMAP.
c. If necessary, adjust the Project Years of Reimbursement, based on action taken by PAG's
Regional Council.
d. Communicate to the State and Town, as necessary and appropriate, any relevant Project -
related RMAP or TIP adjustments; including Project SB413 work advancements or other
schedule changes, Years of Expenditure, Years of Reimbursement, Project SB413 cost
amounts, Project SB413 reimbursement amounts, inflation- related adjustments, and any
other important adjustments.
e. PAG agrees that any and all AC conversion related to Project SB413 is at the discretion of the
State, after consultation with Town, and may be exercised prior to the Year of
Reimbursement to reduce the outstanding obligation authority in PAG's region. Prior to
such conversion, PAG will have the opportunity to identify and propose alternatives for the
State's consideration.
1V. ADOT ABANDONMENT AND TOWN TAKEOVER OF ABANDONMENT SEGMENTS
1. The Town acknowledges that the State will abandon to the Town portions of Town streets which
had been taken into the state highway system for the purposes of construction, after the Final
Acceptance of Project H8479 and Project SB413. The Abandonment Segments, (Station
204 +00.00 SB413 to Station 92 +25.98 H8479 along Ina Road) and (Station 109 +55.80 H8479 to
Station 121 +01.84 H8479 along Ina Road), to be abandoned are road segments outside of the
State's access control as shown in Exhibits 2, 3 and 4.
2. The Town hereby agrees that upon abandonment it will accept ownership, control, jurisdiction,
and associated duties over the Abandonment Segments, including but not limited to, the non -
delegable duty to keep the Abandonment Segments reasonably safe.
3. The State shall abandon the Abandonment Segments after Final Acceptance of Project H8479
and Project S13413, by action of the State Transportation Board.
4. The State will give the Town written notice at least seven calendar days prior to the State
Transportation Board's meeting at which it will abandon the Abandonment Segments to the
Town.
5. The abandonment shall be effective when it is recorded in the office of the Pima County
Recorder, A.R.S. § 28 -7213. The State shall immediately notify the Town of the recordation by e-
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IGA /J PA 15-0005483-1
mail to the Town Engineer in addition to the notice provided in this Agreement. The
abandonment and the Town's acceptance will be effective on recordation, regardless of any
failure or delay in notice.
6. The Town accepts the Abandonment Segments in as -is condition as of the effective date of the
abandonment.
7. In consideration of this Agreement, the Town agrees that the conditions of A.R.S. § 28 -7209
(A)(1) are met.
8. The Town hereby accepts this Agreement as notice pursuant to A.R.S. § 28 -7209 (A)(3) of the
State's intent to abandon the Abandonment Segments.
9. To the extent necessary, the Town hereby waives any four -year notice requirement of the
abandonment pursuant to A.R.S. § 28 -7209 (A)(2).
10. In consideration of this Agreement, the Town hereby waives the pavement condition
requirement of A.R.S. § 28 7209 (B).
11. Upon the effective date of the abandonment, the Town indemnifies the State, its departments
and agencies, and their employees agents and officers from any and all claims regarding the
Abandonment Segments, as per Section V. 2. of this Agreement.
12. The State and the Town shall execute any future documents necessary to effectuate the intent
of these abandonment provisions.
V. MISCELLANEOUS PROVISIONS
The terms, conditions and provisions of this Agreement shall remain in full force and effect until
completion of said Project SB413 and related deposits or reimbursement, except any provisions
for maintenance shall be perpetual, unless assumed by another competent entity. This
Agreement may be cancelled at any time prior to the award of Project SB413 construction
contract, upon 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 not be obligated to complete and /or
maintain Project S13413.
2. The Town shall indemnify, defend, and hold harmless the State, any of its departments,
agencies, officers or employees (collectively referred to in this paragraph as the "State ") from
any and all claims, demands, suits, actions, proceedings, loss, cost and damages of every kind
and description, including reasonable attorneys' fees and /or litigation expenses (collectively
referred to in this paragraph as the "Claims "), which may be brought or made against or
incurred by the State on account of loss of or damage to any property or for injuries to or death
of any person, to the extent caused by, arising out of, or contributed to, by reasons of any
alleged act, omission, professional error, fault, mistake, or negligence of the Town , its
Page 12 IGA /JPA 15- 0005483 -1
employees, officers, directors, agents, representatives, or contractors, their employees, agents,
or representatives in connection with or incident to the performance of this Agreement. The
Town's obligations under this paragraph shall not extend to any Claims to the extent caused by
the negligence of the State, except the obligation does apply to any negligence of the Town
which may be legally imputed to the State by virtue of the State's ownership or possession of
land. The Town's obligations under this paragraph shall survive the termination of this
Agreement.
3. The State shall include Section 107.13 of the 2008 version of the Arizona Department of
Transportation Standard Specifications for Road and Bridge Construction, incorporated to this
Agreement by reference, in the State's contract with any and all contractors, of which the Town
shall be specifically named as a third -party beneficiary. This provision may not be amended
without the approval of the Town.
4. The cost of Advance Construction and construction engineering work under this Agreement is to
be covered by the maximum available amount of Federal -Aid Funding programmed for Project
SB413. The Town acknowledges that the 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 pay the difference between actual
Project SB413 costs and the federal funds received.
5. Should the Federal -Aid Funding related to Project SB413 be terminated or reduced by the
federal government, or Congress rescinds, falls to renew, or otherwise reduces apportionments
or obligation authority, the State shall in no way be obligated for funding or liable for any past,
current or future expenses under this Agreement.
6. The cost of Project SB413 under this Agreement includes indirect costs approved by FHWA, as
applicable.
7. 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.
8. The Town acknowledges compliance with federal laws and regulations and may be subject to
the Office of Management and Budget (OMB), Single Audit, Circular A -133 (Audits of States,
Local Governments, and Non - Profit Organizations). Entities that expend $500,000.00 or more
(prior to 12/26/14) and $750,000.00 or more (on or after 12/26/14) of federal assistance
(federal funds, federal grants, or federal awards) are required to comply by having an
independent audit. Either an electronic or hardcopy of the Single Audit is to be sent to Arizona
Department of Transportation Financial Management Services within the required deadline of
nine (9) months of the sub recipient fiscal year end.
ADOT —FMS
Attn: Cost Accounting Administrator
206 S 17 Ave. Mail Drop 2046
Phoenix, AZ 85007
SingleAudit @azdot.gov
Page 13 IGA /JPA 15- 0005483 -I
9. This Agreement shall become effective upon signing and dating of the Determination Letter by
the State's Attorney General.
10. This Agreement may be cancelled in accordance with A.R.S. § 38 -511.
11. To the extent applicable under law, the provisions set forth in A.R.S. §§ 35 -214 and 35 -215 shall
apply to this Agreement.
12. 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 2009 -09 issued by the Governor of the State of Arizona and incorporated herein
by reference regarding "Non- Discrimination ".
13. 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.
14. 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 A. R. S § 12 -1518.
15. The Parties shall comply with the applicable requirements of A. R. S § 41 -4401.
16. The Parties hereto shall comply with all applicable laws, rules, regulations and ordinances, as
may be amended.
17. 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:
For Agreement Administration:
Arizona Department of Transportation
Joint Project Administration
205S.17 th Avenue, Mail Drop 637E
Phoenix, Arizona 85007
(602) 712 -7124
(602) 712 -3132 Fax
JPABranch@azdot.gov
Town of Marana
Keith Brann, Town Engineer
11555 W. Civic Center Drive
Marana, Arizona 85653
520- 382 -2684
520 -381 -2641
kbrann@maranaaz.gov
Pima Association of Governments
Nathan Barrett
1 East Broadway Suite 401
Tucson, Arizona 85701
520 - 792.1093
nbarrett@PAGregion.com
Page 14
For Project Administration:
Arizona Department of Transportation
Project Management Group
Greg Byers Senior Project Mgr.
1221S.2 nd Avenue
Tucson, Arizona 85713
520 -388 -4265
gbyers @azdot.gov
For Financial Administration:
Arizona Department of Transportation
Joint Project Administration
205S.17 th Avenue, Mail Drop 637E
Phoenix, Arizona 85007
(602) 712 -7124
(602) 712 -3132 Fax
JPABranch@azdot.gov
IGA /JPA 15- 0005483 -I
Town of Marana
Keith Brann, Town Engineer
11555 W. Civic Center Drive
Marana, Arizona 85653
520-- 382 -2684
520 - 381.2641
kbrann maranaaz. o�
Pima Association of Governments
Nathan Barrett
1 East Broadway Suite 401
Tucson, Arizona 85701
520 -792 -1093
nbarrett@ PAGregion.com
Town of Marana
Finance Director
11555 W. Civic Center Drive
Marana, Arizona 85653
520- 382 --2684
520 -381 -2641
thoule @marana.com
Pima Association of Governments
Nathan Barrett
1 East Broadway Suite 401
Tucson, Arizona 85701
520 - 792 -1093
nbarrett @PAGregion.com
18. In accordance with A.R.S. § 11 -952 (D) attached hereto and incorporated herein is the written
determination, of each Party's legal counsel that the Parties are authorized under the laws of
this State to enter into this Agreement and that this Agreement is in proper form.
Page 15
IGA/J PA 15- 0005483 -1
IN WITNESS WHEREOF, the Parties have executed this Agreement the day and year first above written.
TOWN OF MARANA an Arizona municipal
corporation
By
ED HONEA
Mayor
STATE OF ARIZONA acting by and through its
Department of Transportation
By
STEVE BOSCH EN, P.E.
Division Director
ATTEST:
• /-;
ierk
PIMA ASSCOIATION OF GOVERNMENTS
:A
FARHAD MOGHIMI
Executive Director
► =rr* *j
By
THOMAS BENAVI DEZ
Attorney
IGA /JPA 15- 0005483 -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, the TOWN OF MARANA, and PIMA
ASSOCIATION OF GOVERNMENTS, 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 or PIMA ASSOCIATION OF GOVERNMENTS to
enter into this Agreement.
DATED this 7r � day of � , 2016.
wn orney
e.
1 4
IGA /1PA 15- 0005483 -I
ATTORNEY APPROVAL FORM FOR THE PIMA ASSOCIATION OF GOVERNMENTS
I have reviewed the above referenced Intergovernmental Agreement between the State of Arizona,
acting by and through its DEPARTMENT OF TRANSPORTATION, and the PIMA ASSOCIATION OF
GOVERNMENTS, 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 PAG under the laws of the State of Arizona.
No opinion is expressed as to the authority of the State or the TOWN OF MARANA to enter into this
Agreement.
DATED this
day of , 2016.
THOMAS BENAVIDEZ
Attorney for PAG
EXHIBIT A
Original Project
Schedules Start
Dates
Accelerated Pro'ect
Schedules Start Dates
Design
Right -of -way
Acquisition
■ ■ ■ ■�
IGA /JPA 15- 0005483
INSERT REPAYMENT SCHEDULES