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HomeMy WebLinkAboutResolution 95-043 IGA with ADOT relating to responsibilities for the construction of improvements to sanders roadRESOLUTION NO. 95-43 A RESOLUTION OF THE TOWN COUNCEL OF THE TOWN OF MARANA, ARIZONA AUTHORJ7JNG THE TOWN TO ENTER AN INTERGOVERNMFNTAL AGREEMENT WITH THE STATE OF ARIZONA, DEPARTMENT OF TRANSPORTATION, FOR THE PURPOSE OF DEFINING RESPONSIBILITIES FOR THE CONSTRUCTION OF IMPROVEMENTS TO SANDERS ROAD. wI-rg. REAS, the State of Arizona agrees to advertise for bids, accept bids, and contract for construction improvement on Sanders Road from the Santa Cruz River to Marana Road, and to apply for matching federal aid funds; and WI4g. REAS, the Town has agreed to provide matching funds to the State of Arizona for this project, in order that federal funding may be secured; and WI4gRE, AS, the Town Council of the Town of Marana, Arizona has determined that this improvement project and this intergovernmental agreement are beneficial to the Town. NOW, THEREFORE, BE IT RESOLVED, that the Town of Marana is author/zeal to enter into an Intergovernmental Agreement with the State of Arizona providing for the acquisition of bids and contracts for construction improvements on Sanders Road, and for the acquisition of federal matching funds. PASSED AND ADOFFED by the Mayor and Council of the Town of Marana, Arizona, this 1st day of August, 1995. Mayor ED HONEA Daniel J. Hochuli Town Attorney Resolution No. 95-43 Page 1 of 1 AG Contract No. KR95 141.9TRN ADOT ECS File No. JPA 95-107 Project No.: STP-MRN-0(8)P TRACS No.: SS352 01C Project: Sanders Road, Santa Cruz River - Marana Road 131T ERGOVERNM90TAL AGREEMENT BETWEEN THE STATE OF ARIZONA AND THE TOWN OF MARANA 1995, THIS AGREEMENT is entered into 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 I. The State is empowered by Arizona Revised Statutes Section 28-108 and 28-112 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. Congress has authorized appropriations for, but not limited to, the construction of streets and primary, feeder and farm-to-market roads; the replacement of bridges; the elimination of roadside obstacles; and the application of pavement markings. 4. Such project within the boundary of the Town has been selected by the Town; the field survey of the project has been completed; and the plans, estimates and specifications have been prepared and, as required, submitted to the Federal Highway Administration (FHWA) for its approval. NO. ZeO67- FILED'vViTH SECRETARY OF STATE Date Filed -0 -8?-5-0 r e t-a r y o k S i a e, %0 .7 Ig e By LLI Page 2 5. The only the acquisition of Town by reason of for the project ar JPA 95-107 interest of the State in the project is in federal funds for the use and benefit of the federal law and regulations under which funds ? authorized to be expended. 6. The Town, in order to obtain federal funds for the construction of the project, is willing to provide Town funds to match federal funds in the ratio required or as finally fixed and determined by the Town and FHWA. 7. The work embraced in this agreement and the estimated costs are as follows: Reconstruct and widen roadway. Estimated Project Cost (incl. 157. CE costs) $ 778,813.00 Federal Aid Funds (PAG CAP) $ 766,352.00 Town Funds $ 12,461.00 Five Percent Surcharge $ 33,861.00 Total Town Funds $ 46,322.00* * - This includes a five percent surcharge per Local Government Engineer Memo of 4 April 1994. THEREFORE, in consideration of the mutual covenants expressed herein, it is agreed as follows: II. SCOPE OF WORK 1. The State shall submit a program containing the aforementioned project to FHWA with the recommendation that it be approved for construction. a. If such project is approved for construction by FHWA and the funds are available for construction of the project, the State, as authorized agent for the Town, with the aid and consent of the Town and the FHWA will proceed to advertise for, receive and open bids, and subject to the concurrence of the Town and the FHWA, enter into a contract with a firm to whom the award is made for the construction of the project; such project to be performed, completed, accepted and paid for in accordance with the instructions and requirements of the Town and the Standard Specifications for Road and Bridge Construction of the Arizona Department of Transportation. The State will enter into a Project Agreement with FHWA covering the work embraced in said construction contract and will request the maximum federal funds available. Page 3 JPA 95-107 b. Should unforeseen conditions or circumstances increase the cost of said work required by a change in the extent or scope of the work called for in this agreement, upon the concurrence of the Town of the requirement for such increase, the Town shall be obligated to incur such expenditure in excess. 2. Prior to the solicitation of bids, the Town shall deposit funds in the amount determined to be necessary to match federal funds in the ratio required. 3. The Town shall acquire, without cost to the State, the necessary right-of-way and hereby certifies that all necessary rights-of-way have been acquired. 4. The Town shall remove from the proposed right-of-way all obstructions or unauthorized encroachments of whatever nature, either above or below the surface of the roadway, and hereby certifies that all obstructions and encroachments have been removed therefrom, prior to the start of construction. 5. The Town shall not permit or allow any encroachments, except those authorized by permit, upon, or private use of, the right of way. In the event of any unauthorized encroachment or improper use, the Town shall take all necessary steps to remove or prevent any such encroachment or use; failing in which the State shall have the right to proceed with the removal or prevention thereof, the cost of such removal or prevention to be borne by the Town. 6. Upon completion of construction, the Town shall provide for, at its own cost and as an annual item in its budget, proper maintenance, including, but not limited to, traffic signals, signs, islands, curbs and markings necessary for the purpose of regulating, warning and guiding traffic. 7. The Town shall mark and sign school crossings and railway-highway grade crossings in accordance with the requirements of the current edition of the Manual on Uniform Traffic Control Devices for Streets and Highways. 8. By such regulation as it may by ordinance provide, the Town shall regulate parking and not permit vehicles to be left on the street in any manner other than at and parallel with the curb and to restrict parking so as to prevent conflicts with moving traffic at intersections and at such other locations as necessary. Page 4 JPA 95-107 III. MISCELLANEOUS PROVISIONS 1 . The State assumes no financial obligation or liability under this agreement. The Town assumes full responsibility for the design, plans and specifications, reports, the engineering in connection therewith, and the construction of the improvements contemplated, cost over-runs and construction claims. It is understood and agreed 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 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 provisions of this agreement by the State, any of its departments, agencies, officers and employees, 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 or attorneys' fees. 2. The cost of the design, construction and construction engineering work covered by this agreement is to be borne by FHWA and Town, each in the proportion prescribed or as fixed and determined by the State, the Town and the FHWA as stipulated in this agreement. Therefore, Town agrees to furnish and provide the difference between the total cost of the work provided for in this agreement and the amount of federal aid received. 3. This agreement shall remain in force and effect until completion of the work; provided, however, that any provisions in this agreement for maintenance shall be perpetual, unless assumed by another governmental entity. 4. This agreement shall become effective upon filing with the Secretary of State. 5. This agreement may be cancelled in accordance with Arizona Revised Statutes Section 38-511. 6. The provisions of Arizona Revised Statutes Section 35-214 are applicable to this contract. Page 5 JPA 95-107 7. 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. 8. 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, AZ 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. TOW OF MARANA ST&TE OF ARIZON& Department of Transportation By ED HONEA Mayor 558 30jun By PETER L. ENO Contract Administrator ATTEST: ,' JPA 95-107 RESOLUTION BE IT RESOLVED on this 30th day of June 1995, 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 construction of improvements to Sanders Road, Santa Cruz River to Marana Road in the Town. Therefore, authorization is hereby granted to -draft said agreement which, upon completion, shall be submitted to the Contract Administrator for approvq,?and execution. for rARRY"'S. BONINE Director RESOLUTION NO. 95-43 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF MARANA, ARIZONA AUTHORIZING THE TOWN TO ENTER AN INTBRGOVERNMENTAL AGREEM)ENT WITH THE STATE OF ARIZONA, DEPARTMENT OF TRANSPORTATION, FOR THE PURPOSE OF DEFINING RESPONSIBILITIES FOR THE CONSTRUCTION OF IMPROVEMENTS TO SANDERS ROAD. WHEREAS, the State of Arizona agrees to advertise for bids, accept bids, and contract for construction improvement on Sanders Road from the Santa Cruz River to Marana Road, and to apply for matching federal aid funds; and WHEREAS, the Town has agreed to provide matching funds to the State of Arizona for this project, in order that federal funding may be secured; and WRBREAS, the Town Council of the Town of Marana, Arizona has determined that this improvement pToject and this intergovernmental agreement are beneficial to the Town. NOW, THEREFORE, BE IT RESOLVED, that the Town of Marana is authorized to enter into an Intergovernmental Agreement with the State of Arizona providing for the aoquisition of bids and contracts for construction improvements on Sanders Road, and for the acquisition of federal matching funds. PASSED AND ADOPTED by the MayoT and Council of the Town of Marana, Arizona, this Ist day of August, 1995. Mayor ED HONEA ATTEST: APPROVED AS TO FORM: Daniel J. Hochuli Town Attorney Rewolution No. 9543 Page I of I JPA 95-107 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 -1 1995. Town Attorney 0 ofy GZ4?? 97 A k A le, "A, A, STATE OF ARIZONA OFFICE OF THE ATTORNEY GENERAL GRANT WOODS MAIN PHONE: 542-5025 ArroRNEY GENERAL 1275 WEST WASHINGTON, PHOENIX 85007-2926 TELECOPIER : 542-4085 INTERGOVERNMENTAL AGREEMENT DETERMINATION A. G. Contract No. KR95-1419-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 9th day of August, 1995. GRANT WOODS Attorney General to JAMES R. REDPPAT Assistant Atto eevy General Transportation Section JRR: lsr 8918G/48