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HomeMy WebLinkAboutResolution 83-010 IGA with ADOT for construction projectsRESOLUTION NO. 83- 010 A RESOLUTION OF THE MAYOR AND T0~N COUNCIL OF THE TOWN OF MARANA APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE ARIZONA DEPARTMENT OF TRANSPORTATION WHEREAS the Town of Marana wishes to bring to the construction stage certain projects which have been selected by the Town of Marana and the Arizona Department of Transportation, subject to the approval of the Federal Highway Administration as required by law, and WHEREAS the Town Council has determined that it is to the advantage of the Town of Marana that the Town of Marana enter into an intergovernmental agreement with the Arizona Department of Transportation to perform the necessary work to bring said projects to the construction stage, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE TOWN COUNCIL OF THE TOWN OF MARANA, ARIZONA that the intergovernmental agreement attached hereto between the Town of Marana and the Arizona Department of Transportation be entered into by and between the parties this date. PASSED this 14th day of November -"Mayor and Council of the Town of Marana, Arizona. ATTEST: .-.,Town Cle~ · 1983 by the DATE: November 15, 1983 1?j "'JT N 0. ADOT Contract No. 84-0014 Fund No. 8536M INTERGOVERNMENTAL AGREEMENT THIS AGREEMENT, made this 23rd day Of January 1 19 84 , pursuant to A.R.S. Sections 11-951 tTirough 11-954, by -and between the ARIZONA DEPARTMENT OF TRANSPORTATION, an agency of the State of Arizona, thereunto duly authorized, hereinafter designated DEPARTMENT OF TRANSPORTATION, and the TOWN OF MARANA, acting by and through its TOWN COUNCIL, thereunto duly authorized hereinafter designated as TOWN. RECITALS WHEREAS, the TOWN is empowered by A.R.S. Section 9-672 to undertake public improvements and is desirous of bringing to the construction stage certain projects which have been selected by the DEPARTMENT OF TRANSPORTATION and the TOWN, subject to the approval of the Federal Highway Administration as by law required, and to that end requests the DEPARTMENT OF TRANSPORTATION to perform certain work and prepare documents required by the Federal Highway Administration to qualify the said projects for and to receive Federal funds thereon, such work consisting of, but not specifically limited to, the development and preparation of environmental impact statements; development, preparation and/or review of designs, plans, maps, specifications; aerial and ground surveys; geologic materials testing and analysis; traffic engineering studies; and such other related tasks essential to the achievement of the aforementioned objective, and WHEREAS, the purpose to be accomplished by this Agreement is the performance of said work, and WHEREAS, the estimated cost of said work is $3,000.00 annually, which sum the TOWN is willing to transmit to and deposit with the DEPARTMENT OF TRANSPORTATION, for the purpose of defraying the cost of the work described herein, and WHEREAS, the Director of the DEPARTMENT OF TRANSPORTATION is empowered by A.R.S. Section 28-108 to enter into this agreement and has duly authorized the Assistant Director of the Highways Division and the State Engineer to execute the same and, WHEREAS, the DEPARTMENT OF TRANSPORTATION is well equipped and willing to perform under this agreement. 06 w cl PAGE 2 LDrPTOT.P T IN CONSIDERATION of the covenants of the TOWN herein contained and the faithful performance thereof, the DEPARTMENT OF TRANSPORTATION agrees: 1. That subsequent to the initial deposit by the TOWN of the sum of $3,000.00, it will begin performance of certain work and prepare the documents required by the Federal Highway Administration necessary to bring the projects to the construction stage. 2. That it will furnish all labor, materials and equipment necessary to complete the work herein agreed to do. 3. That it will provide to the TOWN a monthly statement of account identifying the projects for which the work has been performed, the type and amount of expenditures, and the account balance. No statement will be provided if there is no activity on the account. ARTICLE II IN CONSIDERATION of the covenants of the DEPARTMENT OF TRANSPORTATION herein contained and the faithful performance thereof, the TOWN agrees: 1. That it will deposit with the DEPARTMENT OF TRANSPORTATION the sum of $3,000.00, all or any part of which shall be used by the DEPARTMENT OF TRANSPORTATION to defray the cost of the work herein embraced. 2. 'That the cost of the work herein embraced shall be borne wholly by the TOWN without State or Federal funds. 3. That it will deposit with the DEPARTMENT OF TRANSPORTATION additional funds as may be required to complete the work as herein embraced. Such deposits will be made upon request of the DEPARTMENT OF TRANSPORTATION based upon a law or depleted account balance as described in ARTICLE I, paragraph 3 of this Agreement. ARTICLE III IN CONSIDERATION of the promises, it is mutually agreed: 1. That any part of the sum of $3,000.00 deposited by the TOWN remaining after the cost of the work, as finally PAGE 3 fixed and determined by the DEPARTMENT OF TRANSPORTATION, has been paid, shall be returned forthwith to the TOWN upon written request. 2. That the DEPARTMENT OF TRANSPORTATION and the STATE OF ARIZONA assume no financial obligation or liability hereunder and that any damage arising from the carrying out in any respect of the work embraced in this Agreement or any modification thereof, shall be solely the liability of the TOWN; that the TOWN agrees to save and hold harmless the STATE, any of its departments, agencies, officers or employees from all cost and damage incurred by any of the above and from any other damage to any person or property whatsoever, which is caused by any activity, condition or event arising out of the performance or nonperformance of any provision of this Agreement by the TOWN, any of its agents or any of its independent contractors. The above cost incurred by the STATE, any of its departments, agencies, officers or employees shall include in the event of any action, court costs, expenses of litigation and reasonable attorney's fees. When any above costs, damage or other damage occurs as aforesaid, the TOWN assumes the burden of proof that the above activity, condition or event did not cause such cost, damage or other damage. 3. That the cost of the work covered by this Agreement shall be borne by the TOWN, but should some unforeseen condition or circumstance increase the cost of the work to be performed by the DEPARTMENT OF TRANSPORTATION in excess of the amount shown in the recital, the DEPARTMENT OF TRANSPORTATION shall not be obligated to incur any expenditure in excess of the TOWN'S deposit specified in ARTICLE II, paragraph 1. 4. That this agreement shall remain in force for a period of one year from the effective date and will be automatically renewed for successive periods of one year unless terminated earlier by either the TOWN or the DEPARTMENT OF TRANSPORTATION upon thirty days written notice of that intent. 5. All parties hereby are put on notice that this agreement is subject to cancellation by the Governor pursuant to A.R.S. 38-511, the provisions of which are incorporated herein. 6. That this contractual agreement shall be filed with the Secretary of State and shall become effective upon such filing. PAGE 4 7. Attachments A and B are authenticated copies of the resolutions of the DEPARTMENT OF TRANSPORTATION and the TOWN, authorizing said parties to enter into this Agreement. 8. Attachments C and D are the written determinations of the attorneys for said parties that this Intergovernmental Agreement is in proper form and within the powers and authority granted to said parties under the laws of the State of Arizona. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first written above. ARIZONA DEPARTMENT OF TRANSPORTATION TOWN OF MARANA HIGHWAYS DI By: Title: Date: f Date: PAGE 5 ATTACHMENT A RESOLUTION BE IT RESOLVED on this date, December 19, 1983 -IF I, WILLIAM A. ORDWAY, the below undersigned Director, Department of Transportation, have determined that it is to be to the advantage of the State of Arizona that the Department of Transportation, acting by and through the Highways Division, and the Town of Marana, acting by and through its Town Council, enter into the intergovernmental agency agreement for the purpose of bringing to the construction stage certain projects which have been selected by the Department of Transportation and the Town, subject to the approval of the Federal Highway Administration as required by law. JAMES S. CREEDON De, Director f ?W 01 __W LIAM A. ORDWAY, Director Department of Transportation I . PAGE 6 ATTACHMENT B RESOLUTION NO. 83- 010 A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF MARANA APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE ARIZONA DEPARTMENT OF TRANSPORTATION WHEREAS the Town of Marana wishes to bring to the construction stage certain projects which have been selected by the Town of Marana and the Arizona Department of Transportation, subject to the approval of the Federal Highway Administration as required by law, and WHEREAS the Town Council has determined that it is to the advantage of the Town of Marana that the Town of Marana enter into an intergovernmental agreement with the Arizona Department of TransDortation to perform the necessary work to bring said projects to the construction stage, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE TOWN COUNCIL OF THE TOWN OF MARANA, ARI.ZONA that the intergovernmental agreement attached hereto between the Town of Marana and the Arizona Department of Transportation be entered into by and between the parties this date. PASSED this 14th day of November 1983 by the Mayor and Council of the Town of Marana, Arizona. ATTEST: Town Cleqk Mayoi3-- DATE: November 15, 1983 OFFICE OF THE ,?kttvrnq (6.eneral TRANSPORTATION DIVISION 1275 WEST WASHINGTON PHOENIX. ARIZONA 85007 (602) 255-1680 Cuiitract No. 84-0014 ATTACHMENT C ROBERT K. CORBIN ATTORNEY GENIERAL INTERGOVERNMENTAL AGREEMENT DETERMINATION A. G. Contract No. 3 which is an agreement between public agencies, has been reviewed pursuant to A.R.S. Sec. 11-952# as amended, 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 or its agencies under the laws of 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. DATED this -day 19 8 ROB5RT K. CORBIN Att 'ney Ge ral st sport Assistant/Attornevy enerall pTransportation Division ssi PAGE 7 PAGE 8 ATTACHMENT D I-A?VOFFICFS OF' JOHN R. MOFFITT 10 E. BROADkVAY, SUITE 304 TUCSON. ARIZONA 85701 Tucson: 628-"300 M2rans: 1-682-7300 August 2, 1983 Honorable Billy W. Schisler Marana Town Mayor P.r). 9ox 157 Marana, Arizona 85238 Re: INTERGOVERNMENTAL AGREEMENT BETWEEN MARANA & AZ DEPT OF TRANSPORTATION, ADOT CONTRACT #84-0014, FUND CODE 8536M Dear Mlavor Schisler and Members of the Council: I hiave reviewed the above captioned intergovernmental agreemcnt ' a r v3 the proDosed intergovernmental agreement is in proper f or.-,, it is .-,,ithin the powers and authority granted to the Town of a r a na under A.R.S. Section 9-672 to enter into s a i d intergovernmental agreement. Very truly yours, JOHN R. MOFFTTT j R N1, : I i,