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Home My WebLink AboutResolution 2017-037 Approving IGA relating to Ina Road traffic interchange and Ina Road improvements, Silverbell Road to Camino de la Cruz MARANA RESOLUTION NO. 2017-037 RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZING THE MAYOR TO SIGN AMENDMENT NO. I TO AN INTERGOVERNMENTAL AGREEMENT AND AGREEMENT AMONG THE STATE OF ARIZONA, THE TOWN OF MARANA, 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 Silverbell Road on the west to Camino de la Cruz on the east; and WHEREAS the Arizona Department of Transportation, the Town of Marana, and the Pima Association of Governments entered into an agreement to facilitate the construction, which was signed on behalf of the Town of Marana pursuant to Marana Resolution No. 2016-102 adopted on October 4, 2016; and WHEREAS a higher level of Pima Association of Governments Surface Transportation Program (PAG STP) funding is now available for the project, requiring amendment of the agreement; 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 agreement amendment. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the "Amendment No. I to Intergovernmental Agreement and Agreement among the State of Arizona, the Town of Marana, and the Pima Association of Gov- ernments" (ADOT File No.: IGAIJPA: 15-0005483-I; Amendment No. One: 17-0006386-I; AG Contract No.: P001-2015-003085; Project: Ina Road TI and Ina Road Improvements; Sec- tion: Ina Road; Silverbell Road to Camino de la Cruz; Federal Aid No: MRN-0(014)A; ADOT Project No.: SB41301 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 Town'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 agreement as amended. 00052008.DOCx/1 Marana Resolution No.2017-037 -- 4/20/2017 9:33 AM PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 2nd day of May, 2017. Mayor Ed H ea ATTEST: APPROVED AS TO FORM: ocelyn C. ronson, Town Clerk ra Cass1 Town o ey MAMNA AZ ESTABLISHED 1977 00052008.DOCX/1 Marana Resolution No.2017-037 - 2 - 4/20/2017 9:33 AM ADOT File No.:IGA/JPA 15-0005483-I Amendment No.One:17-0006386-1 AG Contract No..-P 0012015003085 Project Name:Ina Road TI and Ina Road Improvements Project Location:Ina Road;Silverbell Road to Camino de la Cruz Federal-aid No.:MRN-0(014)A ADOT Project No.:SB41301C Budget Source Item No.:PAG Advance Construct AMENDMENT No.ONE To INTERGOVERNMENTAL AGREEMENT AND AGREEMENT AMONG THE STATE OF ARIZONA THE TOWN OF MARANA AND THE PIMA ASSOCIATION OF GOVERNMENTS THIS AMENDMENT No.ONE to INTERGOVERNMENTAL AGREEMENT(the"Amendment No.ONE"l, entered into this date 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")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 asthe "Parties,"any one of which is sometimes individually referred to as a "Party." WHEREAS,the INTERGOVERN MENTAL AGREEMENT,JPA/IGA 15-0005483-1, A.G.Contract No. P0012015003085, was executed on October 5,2016, ("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 byArizona Revised Statutes§9-240 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 thisAmendment No.One and has authorized the undersigned to execute this Amendment No.one on behalf of the Town;and WHEREAS, PAG is empowered by Arizona Revised Statutes§28-6308 and 28-6353 to enter into this Amendment No.one and has authorized the undersigned to execute this Amendment No.One on behalf of PAG. NOW THEREFORE, consistent with the mutual agreements expressed herein,the purpose of this Amendment No.one is to update funding.The Parties desire to amend the original Agreement,as follows: Page 2 ADOT File No.:iGA/. PA 15-0005483-1 Amendment No.One:17-0006386-1 I. RECITALS Section ll. Paragraphs 12. and 17. are revised,as follows: 12. The State will submit the request forapproval of federal fundsto advance the construction of Project SB413 to the FHWA.The estimated federal funds,are identified in the current PAGTIP and the STIP as lD#88.03 for FFY 2017-2021 as follows:FFY 2017$1.5,500,000.00. The final actual cost may exceed the estimates programmed in the current PAG TIP,and in such case the Town is responsible forany and all costs which exceed the federal aid funding programmed for Project SB413 and/orany and all costs deemed ineligible for reimbursement.Additional estimated Local funds will be needed for Project SB413 based on current Project estimates. 17. The estimated Project SB413 costs,including applicable indirect costs approved by FHWA,areas follows: Construction Project SB413 Estimated Town funds $ 6,563,096.00 PAG STP FY 17 funds @ 94.3%of$16,436,904.00(Fixed) $ 15,500,000.00 Town's match funds @ 5.7%of 16,436,904 (Fixed) 936,904.00 Sub Total Construction Costs $ 23,000,000.00 Total Estimated Town Funds $ 71500,000.00 Total Fixed Federal Funds $ 151500,000.00 Estimated TOTAL Project SB413 Construction Costs* $ 231000,000.00 *(Includes 15% CE (this percentage is subject to change,any change will require concurrence from the Town) and 5%Project contingencies). II. SCOPE OF WORK Section M. Paragraphs 1. c.and g.iv.,are revised and 2.d.,u.and u.i.,are revised and 3.a.,is revised as follows: 1. The State will: c. Upon execution of thisAgreement,acceptfrom PAG$15,500,000.00 of PAG STP apportionments,forthe cost to se lett a consultant and admi nisterthe construction and construction engineering of the Project. g. Upon execution of this Agreement and priorto any work being undertaken on Project S13413, pay al Project costs from funds deposited by the Town's(attached as Exhibits(A and B) and PAG's contribution.: Page 3 A DOT F I I e N o.&.I GA/J PA 15-0005483-1 Amendment No.One:17-0006386-1 iv. The Town is required to maintain a balance of$7,500,000.00 in their LGIP account for the Town's esti mated share of the Project SB413 costs. I nterest on Town's LGI P Account shall be for the benefit of the Town,available to pay far monthly actual Project costs. 2. The Town will: d. Upon execution of this Agreement,and no laterthan 5:00 pm MST,October 18, 2016, deposit the amount of$7,540,00.00, into the LGIP account forthe Town's estimated share of the ProjectSB413 costs. u. In good faith,maintain in the LGIP Account with the State Treasurer's office $7500,000.00, for the Town's estimated share of the Project SB413 costs forthe SB413 construction contract. L 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 Town's contribution and the Project cost.The numerator is the Town's contribution and the denominator is the Project Cost(Town Contribution/Project Cost). The LGIP will be drawn down as the match on the federal fundsforthe project.once the federal funds are fully expended,the LGIP account will be drawn down forthe Town's remaining Project costs. 3. PAG wi 11: a. within 30 days of execution of this Agreement,PAG will co ntri bute STP and HURF apportionme nts to the State,in a fixed amount of$15,500,000.00 towards the Project construction costs. Ill. MISCELLANEOUS PROVISIONS Section III. Paragraph 19. is added,as follows: 19. The Parties shall comply with the applicable requirements of Arizona Revised Statutes§35- 393.01. EXCEPT AS AMENDED herein,ALLOTHER terms and conditions of the original Agreement remain in full force and effect. THIS AMENDMENT NO.ONE shat I 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 that the Parties are authorized underthe laws of this State to enter into this Amendment No.one and that the Amendment No.one is in properform. IN WITNESS WHEREOF,the Parties have executed this Amendment No.one the day and yearf1rst above written. Page 4 ADOT File No.:IGA/.SPA 15-0005483-I Amendment No.0ne:17-0006386-I TOWN OF MARANA an Arizona municipal STATE OF ARIZONA corporation Department of Transportation By By ED HONEA STEVE BOSCHEN,P.E. Mayor Division Director ATTEST: By JOCELYN BRONSON Town Clerk PIMA ASSCOIATION OF GOVERNMENTS By FARHAD MOGHIMI Executive Director ATTEST: By THOMAS BENAVIDEZ Attorney ADOTFile No.: |GA/ PAl5-000S4O3-| Amendment No.Two: l7'OOO63861 ATTORNEY APPROVAL FORM FOR THE TOWN OF MARANA | have reviewed the above referenced Amendment No. Oneiothe Original Agreement between the State of Arizona,acting byand through its DEPARTMENT OF TRANSPORTATION,the TOWN OF MARANA, and PIMA ASSOCIATION OF GOVERNMENTS, an agreement among public agencies which, has been reviewed pursuantto Arizona Revised Statutes §§11-951through 11-954and declare this Amendment No.Oneto be in properformand withinthe powersand authority granted to the County underthe laws ofthe State ofArizona. No opinion isexpressed astothe authority of the State to enter into this Amendment No. One. DATED this day of 2017. ADOT File No.:IGA/JPA 15-0005483-I Amendment No.Two: 17-0006386-1 ATTORNEY APPROVAL FORM FOR THE PIMA ASSOCIATION OF GOVERNMENTS I 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,the,PIMA ASSOCIATION OF GOVERNMENTS 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 properform and within the powers and authority granted tothe County underthe laws of the State of Arizona. No opinion is expressed as to the authority of the State to enter into this Amendment No, one. DATED this day of 2017. PAG Attorney