HomeMy WebLinkAboutResolution 2024-056 Approving and Authorizing the Mayor to Sign a Letter Agreement with the United States Department of Energy Western Area Power Administration (WAPA) MARANA RESOLUTION NO. 2024-056
RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZING THE MAYOR
TO SIGN A LETTER AGREEMENT WITH THE UNITED STATES DEPARTMENT OF
ENERGY WESTERN AREA POWER ADMINISTRATION (WAPA) FOR THE
RELOCATION OF CERTAIN WAPA FACILITIES AS PART OF THE TWIN PEAKS
ROAD/RATTLESNAKE PASS ROAD PROJECT
WHEREAS the Town will soon begin construction on the Twin Peaks
Road/Rattlesnake Pass road project (the "Road Project"); and
WHEREAS based on design of the Road Project, the Town coordinated with the
United States Department of Energy Western Area Power Administration (WAPA) and
determined that two WAPA facilities require relocation to avoid conflicts with the Road
Project (the "WAPA Facilities"); and
WHEREAS WAPA advised the Town that it is asserting a claim to prior rights
within the project area for the Road Project, based on perpetual easements WAPA
received from private landowners in 1947; and
WHEREAS the Town has researched WAPA's prior rights claim and is in
agreement that WAPA has a valid prior rights claim for reimbursement by the Town with
regard to removal and relocation of the WAPA Facilities; and
WHEREAS the Mayor and Council of the Town of Marana feel it is in the best
interests of the citizens of Marana to enter into the Letter Agreement to facilitate WAPA's
removal and relocation of the WAPA Facilities with reimbursement for the work by the
Town.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE TOWN OF MARANA, that the Letter Agreement with the United States
Department of Energy Western Area Power Administration (WAPA), in the form
provided in the agenda materials associated with this Council agenda item, is hereby
approved,and the Mayor is authorized to sign it for and on behalf of the Town of Marana.
Resolution No.2024-056 -1 -
IT IS FURTHER RESOLVED that the Town Manager and staff are hereby directed
and authorized to undertake all other and further tasks required or beneficial to carry out
the terms, obligations,conditions and objectives of the agreement.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana,
Arizona, this 4th day of June, 2024. yo_
Mayor Ed Honea
ATTEST: APPROV AS TO FORM:
David L. Udall, Town Clerk Jane 'rall,Town Attorney
J
MARANA
AZ
ESTABLISHED 1977
Resolution No.2024-056 -2-
1 Department of Energy
x * Western Area Power Administration
Desert Southwest Customer Service Region
P.O.Box 6457
Phoenix,AZ 85005-6457
May 20, 2024
Letter Agreement No. 24-DSR-13324
Town of Marana
Advance of Funds
ELECTRONIC DELIVERY
Mr. Ed Honea
Mayor
Town of Marana
11555 West Civic Center Drive
Marana, AZ 85653
Dear Mr. Honea:
The Town of Marana(Marana)has been working to improve traffic flow and safety on Twin
Peaks Road, north of Silverbell Road and west of Interstate 10,within the Town of Marana,
Arizona. The project includes construction to widen the road from a current two (2)lane road to
a four(4) lane road (Twin Peaks Project). The Twin Peaks Project is in proximity to Western
Area Power Administration's (WAPA) existing structures for the Rattlesnake to Tucson 115-
kilovolt(kV) Transmission Line (WAPA's Structures). WAPA also has a project within the
vicinity of the Twin Peaks Project, currently in the development stage, known as the Vail to
Tortolita Project. The Vail to Tortolita Project would rebuild and upgrade the Rattlesnake to
Tucson 115-kV transmission line to a 230-kV double circuit transmission line. WAPA has been
coordinating with Marana regarding schedules and impacts that the Twin Peaks Project would
have on WAPA's Structures and the Vail to Tortolita Project. WAPA adjusted the design of the
Vail to Tortolita Project to mitigate conflicts between the Twin Peaks Project and the Vail to
Tortolita Project.
In a meeting held on April 8, 2024, WAPA was made aware of a schedule change for the Twin
Peaks Project due to the upcoming monsoon season. The Twin Peaks Project work would begin
in June of 2024 which is well ahead of WAPA's Vail to Tortolita Project. Due to this change, it
has been determined that two (2) of WAPA's structures on the existing Rattlesnake to Tucson
115-kV transmission line would be impacted and require mitigation prior to the start of
construction of the Twin Peaks Project in the vicinity of WAPA's Structures. Marana requested
that WAPA determine what mitigation would be necessary to move forward with the
construction of the Twin Peaks Project. WAPA has agreed to provide assistance and Marana and
WAPA now desire to enter into this Letter Agreement No. 24-DSR-13324 (Agreement) for funds
to be provided to WAPA to perform the work that is listed in Section 3 of this Agreement
(Work).
Page 1 of 9
Letter Agreement No. 24-DSR-13324
Town of Marana
Advance of Funds
The following sets forth the basis upon which WAPA will proceed with the request for the
Work. WAPA and Marana are sometimes referred to individually as "Party" and collectively as
"Parties."
Agreement: In accordance with and subject to the terms of this Agreement, the Parties agree to
the terms and conditions set forth as follows.
1. Term of the Agreement:
1.1 This Agreement shall become effective upon execution by the Parties and shall
remain in effect until: (1) completion of work specified in this Agreement;
or(2) September 30, 2025, whichever occurs earlier.
1.2 A Party may, at any time, terminate this Agreement by providing thirty (30) days'
advance written notice to the other Party; provided, that no such termination
notice shall be effective until the completion of any committed work activities.
2. Marana, at its sole expense, shall:
2.1 Be financially responsible for the Work to be performed by WAPA and advance
funds in accordance with Section 4.
2.2 Submit Marana's project engineering plans and technical data for WAPA's
evaluation and concurrence which will be issued by WAPA in the form of a
completed license agreement, signed by both parties.
2.3 Coordinate with WAPA the planning, design, and schedule for the Twin Peaks
Project in the vicinity of WAPA's Structures which require Hot Line Orders and
monitoring by WAPA as depicted in Attachment No. 1.
2.4 Make personnel available to attend meetings, and review and provide comments
regarding the Work, as requested.
2.5 Comply with all applicable Federal, State, and local laws as well as building and
safety codes including the latest edition of the National Electrical Safety Code and
Occupational Safety and Health Administration standards applicable to the design
and construction of the Twin Peaks Project within the vicinity of WAPA's
Structures.
2.6 Ensure the Twin Peaks Project will not limit or inhibit WAPA's continued
physical access to WAPA's Structures for maintenance purposes before, during,
and after construction.
Page 2 of 9
Letter Agreement No. 24-DSR-13324
Town of Marana
Advance of Funds
2.7 Ensure that all equipment used for the Twin Peaks Project within WAPA's right-
of-way is properly grounded and the Occupational Safety and Health
Administration minimum clearances are maintained at all times.
2.8 Coordinate any changes to the construction schedule of the Twin Peaks Project
with WAPA at least fourteen (14) calendar days prior to the commencement of
work in the vicinity of WAPA's Structures.
2.9 Be financially responsible for any damage caused by Marana, its contractors, or
subcontractors, to WAPA's facilities, structures, or right-of-way.
2.10 Provide and coordinate with appropriate entities to control vehicular traffic on
roads identified in the Twin Peaks Project. These efforts may include, but are not
limited to, traffic control devices and traffic diversions during performance of the
Work.
2.11 Ensure that any third-party entity used by Marana to provide services or work
around transmission lines is duly licensed, bonded, insured, and qualified to do
business within the State of Arizona.
2.12 Upon request by WAPA, provide a temporary environmentally cleared area for
the storage of WAPA's construction equipment and materials within proximity to
the construction site that will not impede the Work. Equipment and materials
may include, but are not limited to, semi-tractors, bucket trucks, line trucks,
diggers, transmission line structures, crossarms, insulators, and conductor reels.
2.13 Implement required corrective actions as identified in engineering and design
analysis conducted by WAPA in accordance with Section 3.5 herein.
2.14 Coordinate with WAPA on environmental issues applicable to the Work to be
performed that may include, but are not limited to, pre-constructions surveys,
vegetation management, erosion and dust control, worker environmental
awareness training, and active construction monitoring.
2.15 Participate in any other contract development activities related to the Work.
3. WAPA, at the sole expense of Marana, shall:
3.1 Coordinate with Marana to schedule Hot Line Orders confirming that automatic
reclosing is disabled and equipment under the hot line order remains de-energized
until all conditions of the order are met(Hot Line Orders). Schedule any outages,
if required, at mutually agreeable times.
3.2 Conduct Hot Line Orders and outages in accordance with Section 6 of this
Agreement during the outage schedule that Marana coordinates with WAPA.
Page 3 of 9
Letter Agreement No. 24-DSR-13324
Town of Marana
Advance of Funds
3.3 Provide a representative to monitor work at the Twin Peaks Project location on
days deemed necessary by WAPA. The monitoring work will occur generally
during the excavation and installation of concrete barrier at WAPA's structure
22/6, depicted in Attachment No. 1.
3.4 Provide labor, materials, and equipment necessary to remove and replace
WAPA's structure 22/7, as depicted in Attachment No. 1.
3.5 Conduct engineering and design analysis to assess WAPA's facilities in the
vicinity of the Twin Peaks Project including, but not limited to, safety, reliability,
maintenance, access, and protection. Such analysis will also include corrective
actions required to avoid unacceptable impacts to WAPA's facilities as necessary.
3.6 Make personnel available to attend meetings, and review and provide comments
regarding the Work, as requested.
3.7 Provide technical and administrative assistance, as well as project management
services, lands, and environmental support to satisfy the requirements of the
Work.
3.8 Prepare this Agreement and any other documentation and correspondence related
to the Work, including any other contract development activities related to the
Work contemplated by this Agreement, as required.
3.9 Provide Marana with documentation of the activities performed and time
expended in connection with the Work, as needed.
3.10 Conduct site visits and/or inspections as required.
3.11 Perform close-out activities upon completion of the Work under this Agreement.
3.12 Comply with the National Environmental Policy Act,National Historic
Preservation Act, Endangered Species Act, and other environmental laws and
regulations.
3.13 Complete an environmental review prior to any work associated with the Work
proceeding and prepare the appropriate environmental clearances.
4. Compensation: The estimated cost for the Work described in Section 3 of this
Agreement is Sixty-Five Thousand Dollars ($65,000), including allocable expenses.
Upon execution of this Agreement, WAPA will send Marana an invoice for Sixty-Five
Thousand Dollars ($65,000). Marana shall advance funds to WAPA along with the
invoice, which shall be applied to the cost of performing the Work specified in this
Agreement.
Page 4 of 9
Letter Agreement No. 24-DSR-13324
Town of Marana
Advance of Funds
Payment shall be made by Electronic Funds Transfer(EFT) or Automated Clearing
House (ACH) and must be made pursuant to the instructions below to ensure proper
payment processing.
If sending payment via EFT (New York Federal Reserve Bank), provide your bank with
the following information:
ABA (Routing Identifier): 021030004
ALC (Agency Locator Code): 89001602
If sending payment via ACH (Richmond Federal Reserve Bank), provide your bank with
the following information:
ABA(Routing Identifier): 051036706
Account Number: 312003
WAPA shall be under no obligation to perform any Work identified in this Agreement
until adequate funds have been received. WAPA shall be under no obligation to provide
any funding whatsoever for the work described in this Agreement. If WAPA requires
additional funds after the Sixty-Five Thousand Dollars ($65,000)has been collected,
Marana shall, upon receipt of an invoice, advance additional funds as requested by
WAPA if approved by Marana's governing body. WAPA shall be under no obligation to
continue any Work until it receives such additional funds. Any funds advanced by
Marana in excess of the costs incurred by WAPA shall be returned to Marana without
any interest whatsoever, as soon as practicable.
WAPA shall be under no obligation to return to Marana any funds which are expended
for activities specified in this Agreement. All costs for Work performed by WAPA will
be determined by WAPA, in accordance with 23 CFR 645, subject to review by Marana
upon written request. At completion of the work, WAPA will provide Marana with
documentation of labor costs incurred in connection with the Work, in sufficient detail to
adequately describe the activities performed and time expended. Within 60 calendar days
of completion of the Work, WAPA shall provide Marana a final invoice based on actual
costs for reconciliation, showing the Marana advanced payments, and then begin close-
out of the Agreement.
5. Right of Entry:
5.1 Marana, under the terms and conditions specified in this Agreement, hereby
grants WAPA and its authorized employees, agents, and subcontractors, a Right
Page 5 of 9
Letter Agreement No. 24-DSR-13324
Town of Marana
Advance of Funds
of Entry (Right)to enter Marana's property to accomplish the work described
herein, provided advance notice and arrangements are made with Marana.
5.2 WAPA, under the terms and conditions specified in this Agreement, hereby grants
Marana and its authorized employees, agents, and subcontractors, a Right to enter
WAPA's right-of-way to accomplish the work described herein, provided advance
notice and arrangements are made with WAPA.
5.3 Rights under subsections 5.1 and 5.2 are subject to change due to access changes
for security and/or Bulk Electric System (BES) Reliability Standard reasons.
6. Outages and Hot Line Orders: The work being performed under this Agreement
requires planned Hot Line Orders (i.e., one-shots) to WAPA's transmission system.
Liability will be governed by Provision 35 of the General Power Contract Provisions.
WAPA's policy for Hot Line Orders requires a designated WAPA employee to be
present at the Twin Peaks Project when work is occurring at/near WAPA's Structures
while Hot Line Order is in effect during all working hours in which excavation and
installation of concrete barriers is taking place at WAPA's structure 22/6.
6.1 Provisions shall be made to de-energize only what is necessary to safely
accomplish the work in accordance with all applicable laws, rules, and
regulations, and WAPA's standard operation procedures. As of the time of
execution of this Agreement, an outage is planned for the Work on June 11 and
June 12, 2024.
6.2 WAPA will implement outages or Hot Line Orders based on the regional BES
operating conditions at the time outages are required.
6.3 Time and length of outages or Hot Line Orders will be at WAPA's discretion.
Outages shall typically not take place during the months of May through
September, except as provided in subsection 6.1 above. All outage requests are
subject to adjustment or denial due to system operating conditions, emergent
work, and arising contingencies found in study results.
6.4 Operating facilities will be released only at prescheduled times to maintain
reliability and continuity of the electric service.
6.5 In the event that an outage or Hot Line Order that has been properly scheduled
and coordinated needs to be rescheduled due to unforeseen WAPA manpower,
system, and/or BES reliability circumstances, WAPA will employ reasonable
efforts so that the outage or Hot Line Order can proceed as soon as possible. In
the event outages need to be rescheduled in order to address safety and/or
reliability concerns within the dynamic regional BES, WAPA will not be liable
for any financial impacts regarding the changes in outage requests.
Page 6 of 9
Letter Agreement No. 24-DSR-13324
Town of Marana
Advance of Funds
Notwithstanding the foregoing, the timing and length of WAPA outages and Hot
Line Orders shall ultimately be at WAPA's reasonable discretion.
7. Marana Notifications and Contacts: Official notifications and invoicing to Marana
shall be addressed to:
Town of Marana
Development Services
Attn: George Cardieri
11555 West Civic Center Drive
Marana, AZ 85653
Phone: (520) 382-2611
8. Amendments and Modifications: This Agreement may be amended or modified by
mutual written agreement duly executed by the Parties.
9. Governing Law: This Agreement shall be interpreted under and governed by applicable
Federal law. In the absence of applicable Federal law, the laws of the State of Arizona
shall govern.
10. Attachments: The initial attachment is attached hereto and is incorporated into this
Agreement in accordance with its respective terms until superseded by a subsequent
attachment. Changes, additions, or modifications to the attachment shall be reflected in
new or revised attachments and will be distributed in accordance with Provision 40 of the
GPCP.
11. General Power Contract Provisions: The General Power Contract Provisions (GPCP),
effective September 1, 2007, are attached hereto, and are hereby made a part of this
Agreement the same as if they had been expressly set forth herein; provided, that if the
provisions in the GPCP are in conflict with this Agreement, the terms of this Agreement
shall control
12. Execution By Counterparts: This Agreement may be executed in any number of
counterparts and, upon execution and delivery by each Party, the executed and delivered
counterparts together shall have the same force and effect as an original instrument as if
all Parties had signed the same instrument. Any signature page of this Agreement may be
detached from any counterpart of this Agreement without impairing the legal effect of
any signatures thereon and may be attached to another counterpart of this Agreement
identical in form hereto, by having attached to it one (1) or more signature pages.
13. Electronic Signatures: The Parties agree that this Agreement may be executed by either
handwritten signature or digitally signed using Adobe Sign, Adobe E-Sign, or DocuSign pursuant
to Section 14 herein. A digital signature is the same as a handwritten signature and shall be
considered valid and acceptable.
Page 7 of 9
Letter Agreement No. 24-DSR-13324
Town of Marana
Advance of Funds
14. Authority to Execute: Each individual signing this Agreement certifies that the Party
represented has duly authorized such individual to execute this Agreement that binds and
obligates the Party.
Provide acceptance of this Agreement by having an authorized representative date and
sign the Agreement by handwritten signature or digital signature using only Adobe
Sign, Adobe E-Sign, or DocuSign that provides a certificate-based identification to
authenticate the signer's identity and binds each signature to the document with
encryption. Return the signed and dated Agreement, as soon as possible, using one (1)
of the following options:
1. Digital Signature—email Agreement to Murphy@wapa.gov
2. Handwritten Signature—email scanned Agreement to Murphy@wapa.gov and
mail one (1) original to one (1) of the following addresses:
If by First Class Mail: If by Overnight Delivery:
Western Area Power Administratior Western Area Power Administration
Desert Southwest Regional Office Desert Southwest Regional Office
ATTN: G5100 (Murphy) ATTN: G5100 (Murphy)
P.O. Box 6457 615 South 43rd Avenue
Phoenix, AZ 85005-6457 Phoenix, AZ 85009
If the Agreement is signed by handwritten signature, provide an attestation on the signature page
and affix the appropriate seal. If a seal is not available, then please provide a signed letter of
authorization from the authorized official, or any applicable certificates,resolutions, or minutes
to indicate the signatory is duly authorized to commit Marana to the terms of this Agreement. If
digitally signed, please provide the applicable certificates,resolutions, or minutes.
Page 8 of 9
Letter Agreement No. 24-DSR-13324
Town of Marana
Advance of Funds
Questions related to the Work performed under this Agreement and contractual questions should be
directed to Angela Murphy, Project Coordinator, at 702-308-1665
Sincerely,
JACK Digitally signed by JACK
MURRAY
MURRAY Date:
2024.05.20 07:15:56
Jack D. Murray
Senior Vice President and
Desert Southwest Regional Manager
Accepted and agreed to this 3, day of itte- , 2024.
TOWN OF MARANA
1
By: `‘
Ed Honea
Title: Mayor
Recommended
Ap v d as to Form: Title: ge4I Fr° Pe- M4.45C C-
r-
Address: 11555 West Civic Center Drive
Marana, AZ 85653
Page 9 of 9
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