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HomeMy WebLinkAboutResolution 94-026 IGA with ADOT for bridge and railroad crossing projectsRESOLUTION NO. 94-26 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, ENTERING INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE ARIZONA DEPARTMENT OF TRANSPORTATION TO PERFORM CERTAIN HIGHWAY, BRIDGE AND RAILROAD GRADE CROSSING PROJECTS. WHEREAS, the Town of Mararia recognizes its duty to provide safe highways and bridges or its citizens; and WHEREAS, the Arizona Department of Transportation has the ability to perform certain work and prepare certain documents required by the Federal Highway Administration to qualify certain highway, bridge and railroad crossing projects and to receive Federal funds; and WHEREAS, the Town of Marana desires to enter into an Intergovernmental Agreement with the Arizona Department of Transportation authorizing them to perform certain highway, bridge and railroad crossing projects within the town limits of Mararia; and WHEREAS, it is in the best interests of the citizens of the Town of Mararia that the town enter into the Intergovernmental Agreement. BE IT RESOLVED by the Mayor and Council of the Town of Mararia, Arizona that the Mayor is authorized to execute the Intergovernmental Agreement with the Arizona Department of Transportation. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 20th day of September, 1994. / Mayor ORA HARN ATTEST: PPROVED AS TO FORM: Town Attorne.(r'/ Resolution lqo. 94-26 Page 1 of 1 A. G. Contract No. KR94 2084TRN ECS File: JPA 94-140 Project: Engineering Survey Account Section: Marana D[TERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA AND THE TOWN OF MARANA THIS AGREEMENT is entered into -:5-1 , 1994, pursuant to Arizona Revised Statutes, Sections 11-951 through 11-954, as amended, between the STATE OF ARIZONA, acting by and through its DEPARTMENT OF TRANSPORTATION (the "State") and the TOWN OF MARANA, acting by and through its MAYOR and TOWN COUNCIL ("the "Town"). I.-RECITALS 1. The State is empowered by Arizona Revised Statutes Section 28-108 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 delegated to the undersigned the authority to execute this agreement on behalf of the State. 2. The Town is empowered by Arizona Revised Statutes Section 48-572 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. The Town requests the State, as agent for the Town, to perform certain work and prepare certain documents required by the Federal Highway Administration to qualify certain highway, bridge and railroad grade crossing projects for and to receive Federal funds. Such future work, consisting of, but not specifically limited to, the review and approval of the Town 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; right-of-way related activities (when specifically authorized by, for and on behalf of the Town, and at no cost to the State) and such other related tasks essential to the achievement of the aforementioned objectives. NO. /70-401.. FILED WITH SECRETARY OF STATE DateFiled 101orl9v Vo 4 Secretary of State By ?Icl<q Lalaaw Page 2 JPA 94-140 4. The only interest of the State in performing the work embraced herein is in the acquisition of federal funds for the use and benefit of the Town by reason of federal law and regulations under which funds for the projects are authorized to be expended, and is acting as agent for the Town. 5. The estimated cost of the work shall be determined by procedures established in Local Government Engineer's Bulletin No. 91-3 dated 13 November 1991, which is attached hereto and made a part hereof, which funds the Town shall transmit to and deposit with the State for the purpose of funding the cost of the work performed by the State. The minimum estimated cost of work for any project is $5000.00. THEREFORE, in consideration of the mutual agreements expressed herein, it is agreed as follows: I I - S-ORK-H-WORK I. The State will: a. Subsequent to the deposit of sufficient funds by the Town, begin performance of the work that is required by the Federal Highway Administration to bring the projects to the construction stage. b. Furnish all labor, materials, and equipment necessary to complete the work embraced herein when such resources are available. c. Provide the Town a periodic statement of account identifying the projects for which 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. 2. The Town will: a. Provide the State with individual project requests to perform the necessary work on a project by project basis. b. Deposit with the State sufficient funds for the cost of the work, all or any part of which will be used by the State to fund the cost of performing the work. c. Solely bear the cost of the work embraced herein without State or Federal funds. Page 3 JPA 94-140 d. Insure that sufficient Town funds are available for the State to accomplish the work contemplated, and deposit with the State additional funds as may be required to complete the work. Such additional deposits will be made upon request of the State when the funds in the account have been depleted, or when the account balance is so low that funds for the cost of anticipated or ongoing work are not expected to be sufficient to cover the State's expenditures. III. MISCELLANEOUS PROVISIONS 1. The State will not be obligated to perform the work contemplated herein or incur expenditures associated with such work when labor, materials or equipment are not available to the State. 2. The State assumes no financial obligation or liability under this agreement whatsoever. The Town assumes full responsibility for the adequacy and accuracy of environmental assessments and reports, the design, plans, specifications, reports, the engineering and geological testing in connection therewith and the construction of the improvements contemplated, cost over-runs and construction claims. It is understood and agreed that the State's participation is confined solely to securing federal aid; that any damages arising from carrying out, in any respect, the terms of this agreement or any modification thereof, shall be solely the liability of the Town and that the Town hereby agrees to save and hold harmless and indemnify from loss the State, any of its departments, agencies, officers or employees from any and all cost and/or damage incurred by any of the above and f rom 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 provisions of this agreement by the State, any of its departments, agencies, officers and employees, or the Town, any of its agents, officers and employees, or any of its independent contractors. Costs 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 attorneys' fees. 3. The cost of any design, construction or construction engineering work covered by this Agreement is to be borne by the Town, but should some unforeseen condition or curcumstance increase the cost of the work to be performed by the State in excess of the amount shown in the recital, the State shall not be obligated to incur any expenditure in excess of the Town's deposit. Page 4 JPA 94-140 4. This agreement shall remain in force and effect for a period of five years from the effective date, and will be automatically renewed for successive periods of five years, unlesss sooner terminated by either the Town or the State, or other competent authority. 5. This agreement shall become effective upon filing with the Secretary of State. 6. This agreement shall be cancelled in accordance with Arizona Revised Statutes Section 38-511. 7. The provisions of Arizona Revised Statutes Section 35-214 are applicable to this agreement. 8. 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 Arizona Revised Statutes Section 12-1518. 9. 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: Department of Transportation Joint Project Administration 205 S. 17th Avenue - 616E Phoenix, Arizona 85007 Town of Marana Town Manager 13251 N. Lon Adams Road Marana, AZ 85653 9. 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 the agreement is in proper form. IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written. TOWN OF MARANA By ORA MAE H?&N Mayor STATE OF Anzom Department of Transportation BYI.e4?" PETER L. ENO Contract Administrator ATTEST: By?? --=? ?9ROSECLOSE --35perk 403 JPA 94-140 RESOLUTION BE IT RESOLVED on this 18th day of August 1994, that I, the undersigned LARRY S. BONINE, as Director of the Arizona Department of Transportation, have determined that it is in the best interests of the State of Arizona that the Department of Transportation, acting by and through the Highways Division, to enter into an agreement with the Town of Marana for the purpose of defining responsibilities for establishing a preliminary engineering survey account with the Town. Therefore, authorization is hereby granted to draft said agreement which, upon completion, shall be submitted to the Contract Administrator for approval and execution. JLARRY S BONINE Director JPA 94-140 APPROVAL OF THE MARANA TOWN ATTORNEY I have reviewed the above referenced proposed intergovernmental agreement, between the DEPARTMENT OF TRANSPORTATION, HIGHWAYS DIVISION and the TOWN OF MARANA 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. DATED this - day of , 1994. RESOLUTION NO. 94-26 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, ENTERING INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE ARIZONA DEPARTMENT OF TRANSPORTATION TO PERFORM CERTAIN HIGHWAY, BRIDGE AND RAILROAD GRADE CROSSING PROJECTS. WHEREAS, the Town of Marana recognizes its duty to provide safe highways and bridges or its citizens; and WHEREAS, the Arizona Department of Transportation has the ability to perform certain work and prepare certain documents required by the Federal Highway Administration to qualify certain highway, bridge and railroad crossing projects and to receive Federal funds; and WHEREAS, the Town of Marana desires to enter into an Intergovernmental Agreement with the Arizona Department of Transportation authorizing them to perform certain highway, bridge and railroad crossing projects within the town limits of Marana; and WHEREAS, it is in the best interests of the citizens of the Town of Marana that the town enter into the Intergovernmental Agreement. BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona that the Mayor is authorized to execute the Intergovern mental Agreement with the Arizona Department of Transportation. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 20th day of September, 1994. Mayor ORA HARN Town Attorne Resolution No. 94-26 Page I of I ATTEST: ARIZONA DEPARTMENT OF TRANSPORTATION Local Government Bulletin 91-3 November 13, 1991 1 TO: All Project Sponsors, County Engineers, and City Engineers FROM: MARK DANELOWITZ, P.E. Local Government Engineer Local Government Services RE: Design Review Cost Estimate Graph In'reviewing local government federal-aid project costs for the last three years, I have prepared a graph of the average ADOT design review cost for projects based on the total construction cost. The attached chart is provided for your use to-'estimate and budget for design review and bid package preparation costs by ADOT to administer the development and advertisement for bid of your highway construction projects. ADOT has-no financial involvement in any local government..Project, and must recover Its cost to administer your project in accordance with federal requirements. Local Government Services will utilize this graph in determining what ADOT's estimated design review costs are for all federal-aid highway construction projects. The estimated design review cost will be determined when a Design Concept Report is submitted to ADOT to initiate project development. As per-my October 1, 1991 Local Government Bulletin, a minimum of__?5,000.00 will be required for a ' 11 projects and the estimated cost for any project may vary from what is shown on the graph based on the type and complexity of the proposed improvements for the project,.right-of-way acquisition, utility relocation, environmental analysis requirements, and local agency and consultant experience with federal-aid procedures. You will be informed by letter from Accounts Receivable Section of the estimated design review costs for your project. It is expected that funds will be provided to ADOT within 30 days. Failure to provide ADOT with funds for preliminary engineering within 30 days, may jeopardize the continued development of your project. Our goal in providing this graph is that it will be helpful for lo cal'. agencies in the budget preparation process for determining the*total project cost for design and construction. Please call me at 255-8107 and I'll be glad to discuss the graph and the procedures for estimating the design review cost for your individual proiect. cc Marsha Bloom, 204B Del Beasley, 310B Councils of Government 7i A 'A -4,R1zo14N STATE OF ARIZONA OFFICE OF THE ATTORNEY GENERAL GRANT WOODS MAIN PHONE: 542-5025 ATTORNEY GENERAL 1275 WEST WASHINGTON, PHOENIX 85007-2926 TELECOPIER : 542-4085 INTERGOURNMENTAL AGREEMENT DETERMI TION A. G. Contract No. KR94-2084-TRN, an agreement between public agencies, has been reviewed pursuant to A.R.S. §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 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 29th day of September, 1994. GRANT WOODS Attorney General JAMES R. RE PATH Assistant Attorney General Transportation Section JRR: lsr 8577G