HomeMy WebLinkAboutResolution 2023-078 Approving and Authorizing the Mayor to Sign an Intergovernmental Agreement Between the State of Arizona Department of Transportation (ADOT) Marana Rd TI DesignPage 1 of 6
ADOT CAR No.: IGA 23-0009266-I AG Contract No.: P0012023000926 Project Location/Name: Design Costs for Traffic Interchange between I-10 and Cortaro Road Type of Work: Traffic Interchange Design TIP/STIP No.: NA Budget Source: 2024 Legislative Appropriation Transportation Projects: General Fund (Laws 2023, 1st Regular Session, Chapter 135 Senate Bill 1722) Appropriation No.: 2024 DT56180
INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA AND THE TOWN OF MARANA
THIS AGREEMENT (“Agreement”) is entered into this date ________________________________, pursuant to the Arizona Revised Statutes (“A.R.S.”) §§ 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, an Arizona municipal corporation, acting by and through its MAYOR and TOWN COUNCIL (the “Town” or “Local Agency”). The State and the Local Agency are each individually referred to as a “Party” and are collectively referred to as the “Parties.”
I. RECITALS1.The State is empowered by A.R.S. § 28-401 to enter into this Agreement and has delegatedto the undersigned the authority to execute this Agreement on behalf of the State.2. The Local Agency is empowered by A.R.S. §§ 9-240 and 11-952 to enter into this Agreementand has by resolution, a copy of which is attached and made a part of this Agreement,resolved to enter into this Agreement and has authorized the undersigned to execute thisAgreement on behalf of the Local Agency.3.Laws 2023, 1st Regular Session, Chapter 135 (Senate Bill 1722), Section 10, (A)(8)appropriated funding from the State general fund for highway projects. ADOT will issue awarrant in the amount of $10,000,000.00 appropriated to the Local Agency for design costsfor traffic interchange between Interstate 10 and Cortaro Road, (the “Project”).4.The foregoing Recitals shall be incorporated into this Agreement.
In consideration of the mutual terms expressed herein, the Parties agree as follows:
Exhibit A to Marana Resolution No. 2023-078
IGA 23-0009266-I
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II.SCOPE OF WORK1.The Parties agree:a.After this Agreement is executed, the State will issue a warrant to the Local Agency inthe amount of $10,000,000.00 for the Project.b.The Local Agency will complete the Project in accordance with Laws 2023, 1st RegularSession, Chapter 135 (Senate Bill 1722), Section 10, (A)(8).c.After Project completion, the Local Agency will submit written certification tolocalpublicagencysection@azdot.gov that the Project was completed in accordance withLaws 2023, 1st Regular Session, Chapter 135 (Senate Bill 1722), Section 10, (A)(8).
III.MISCELLANEOUS PROVISIONS1.Effective Date. This Agreement shall become effective upon signing and dating of all Parties.2. Duration. The terms, conditions and provisions of this Agreement shall remain in full forceand effect until completion of the Project and all related deposits and/or reimbursementsare made.3. Cancellation. This Agreement may be cancelled at any time up to 30 days before theappropriated funds are issued, so long as the cancelling Party provides at least 30 days’prior written notice to the other Party. It is further understood and agreed that in the eventthe Local Agency terminates this Agreement, the State shall in no way be obligated tocomplete or maintain the Project.4.Indemnification. The Local Agency shall indemnify, defend, and hold harmless the State, anyof its departments, agencies, boards, commissions, officers or employees (collectivelyreferred 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 reasonableattorneys' 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 lossof or damage to any property or for injuries to or death of any person, to the extent causedby, arising out of, or contributed to, by reasons of any alleged act, omission, professionalerror, fault, mistake, or negligence of the Local Agency, its employees, officers, directors,agents, representatives, or contractors, their employees, agents, or representatives inconnection with or incident to the performance of this Agreement. The Local Agency’sobligations under this paragraph shall not extend to any Claims to the extent caused by thenegligence of the State, except the obligation does apply to any negligence of the LocalAgency which may be legally imputed to the State by virtue of the State’s ownership orpossession of land. The Local Agency’s obligations under this paragraph shall survive thetermination of this Agreement.5.Governing Law. This Agreement shall be governed by and construed in accordance withArizona laws. 6.Conflicts of Interest. This Agreement may be cancelled in accordance with A.R.S. § 38-511.
Exhibit A to Marana Resolution No. 2023-078
IGA 23-0009266-I
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7.Inspection and Audit. The Local Agency shall retain all books, accounts, reports, files andother records relating to the Agreement which shall be subject at all reasonable times toinspection and audit by the State for five years after completion of the Project. Such recordsshall be produced by the Local Agency, electronically or at the State office as set forth in thisAgreement, at the request of ADOT.8.Title VI. The Local Agency acknowledges and will comply with Title VI of the Civil Rights ActOf 1964.9.Non-Discrimination. This Agreement is subject to all applicable provisions of the Americanswith Disabilities Act (Public Law 101-336, 42 U.S.C. 12101-12213) and all applicable federalregulations under the Act, including 28 CFR Parts 35 and 36. The Parties to this Agreementshall comply with Executive Order Number 2009-09, as amended by Executive Order 2023-01, issued by the Governor of the State of Arizona and incorporated in this Agreement byreference regarding “Non-Discrimination.”10.Non-Availability of Funds. Every obligation of the State under this Agreement is conditionedupon the availability of funds appropriated or allocated for the fulfillment of suchobligations. 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 fundsare 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 oftermination under this paragraph.11.Arbitration. In the event of any controversy, which may arise out of this Agreement, theParties agree to abide by arbitration as is set forth for public works contracts if required byA.R.S. § 12-1518.12.E-Verify. The Parties shall comply with the applicable requirements of A.R.S. § 41-4401.13.Contractor Certifications. The Local Agency shall certify that all contractors comply with theapplicable requirements of A.R.S. §35-393.01 and 35-394.14.Other Applicable Laws. The Parties shall comply with all applicable laws, rules, regulationsand ordinances, as may be amended.15.Notices. All notices or demands upon any Party to this Agreement shall be in writing andshall be delivered electronically, in person, or sent by mail, addressed as follows:
For Agreement Administration: Arizona Department of Transportation Joint Project Agreement Section 205 S. 17th Avenue, Mail Drop 637E Phoenix, AZ 85007 JPABranch@azdot.gov
Town of Marana Attn: Fausto Burruel 11555 W. Civic Center Dr. Marana, AZ 85653 520.382.1999 DevEng@marana.AZ.gov
Exhibit A to Marana Resolution No. 2023-078
IGA 23-0009266-I
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For Project Completion: Arizona Department of Transportation Local Public Agency Group 205 S. 17th Avenue, Mail Drop 614E Phoenix, AZ 85007 localpublicagencysection@azdot.gov
For Financial Administration: Arizona Department of Transportation Financial Management Services 206 S. 17th Avenue Phoenix, AZ 85007 fmscontroller@azdot.gov
Town of Marana Attn: Fausto Burruel 11555 W. Civic Center Dr. Marana, AZ 85653 520.382.1999 DevEng@marana.AZ.gov
Town of Marana Attn: Yiannis Kalaitzidis 11555 W. Civic Center Dr. Marana, AZ 85653 520.382.1999 ykalaitzidis@marana.AZ.gov 16.Revisions to Contacts. Any revisions to the names and addresses above may be updatedadministratively by either Party and shall be in writing.17.Legal Counsel Approval. In accordance with A.R.S. § 11-952 (D), the written determinationof each Party’s legal counsel providing that the Parties are authorized under the laws of thisState to enter into this Agreement and that the Agreement is in proper form is set forthbelow.18. Electronic Signatures. This Agreement may be signed in an electronic format usingDocuSign.
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Exhibit A to Marana Resolution No. 2023-078
IGA 23-0009266-I
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IN WITNESS WHEREOF, the Parties have executed this Agreement to be effective upon the full completion of signing and dating by all Parties to this Agreement.
TOWN OF MARANA
By _____________________________________________________ Date______________________ ED HONEA Mayor ATTEST:
By _____________________________________________________ Date______________________ DAVID UDALL Town Clerk
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 A.R.S. §§ 11-951 through 11-954 and A.R.S. §§ 9-240 and 11-952 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. Approved as to Form:
By _____________________________________________________ Date______________________ Town Attorney
Exhibit A to Marana Resolution No. 2023-078
IGA 23-0009266-I
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ARIZONA DEPARTMENT OF TRANSPORTATION By _____________________________________________________ Date______________________ STEVE BOSCHEN, PE Infrastructure Delivery and Operations Division Division Director A.G. Contract No. P0012023000926 (ADOT IGA 23-0009266-I), an Agreement between public agencies, the State of Arizona and the Town of Marana, has been reviewed pursuant to A.R.S. §§ 11-951 through 11-954 and A.R.S. § 28-401, by the undersigned Assistant Attorney General who has determined that it is in the proper form and is within the powers and authority granted to the State of Arizona. No opinion is expressed as to the authority of the remaining Parties, other than the State or its agencies, to enter into said Agreement. By _____________________________________________________ Date______________________ Assistant Attorney General
Exhibit A to Marana Resolution No. 2023-078