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HomeMy WebLinkAboutResolution 95-060 IGA with pima county relating quality assurance for construction projects on an as-needed and available basisRESOLUTION NO. 95-60 A RESOLUTION OF THE MAYOR AND COU'NCII~ OF TI~ TOWN OF MARANA, ARIZONA, APPROVING AND AUTHORI7~NG THE EXECUTION OF AN INTERGOVERN-M~,NTAL AGREEMENT BETWF~EN TI-IE TOWN OF MARANA AND PIMA COUNTY WITH PROVISIONS FOR INSPECTION, TESTING, SURVEYING, CONTRACT ADMINISTRATION, AND QUALITY ASSURANCE SUPPORT SERVICES FOR CONSTRUCTION PROJECTS ON AN AS-Nh~g~DED AND AS-AVAILABLE BASIS AS DETERMINED BY THE TOWN OF MARANA AND PIMA COUNTY. WI-Ig. REAS, certain construction projects occur within the boundaries of the Town of Marana, which can effectively be conducted with cooperation of the resources of Pima County; and WHEREAS, it has been deemed to be in the public interest to establish an intergovernmental agreement between the Town of Marana and Pima County to provide inspection, testing, surveying, contract administration, and quality assuranee support services for construction projects, to be provided on an as needed and as available basis by either party; and WHEREAS, both Pima County and the Town of Mararia must inspect, test, survey, and provide contract administration services for public works and transportation construction projects. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Mararia, Arizona, that it enter into the intergovernmental agreement attached hereto as Exhibit A between the Town of Mararia and Pima County, providing for the inspection, testing, surveying, contract administration, and quality assurance support services for construction projects. BE IT FURTHER RESOLVED, that the Town Council hereby approves the form of the intergovernmental agreement and the Mayor is hereby authorized and directed to execute said agreement. PASSED AND ADOPTED by the Mayor and Council of the Town Of ~arana, Arizona, this 7th day of November, 1995. ~ ~(~Z~ ~ iOW~~ ED HONEA, Mayor A ' Daniel I. Hoehull Town Attorney ~e~o~ution No, 95-40 Page 1 of 1 F. ANN RODRIGUEZ. RECORDER RECORDED BY: JEB DEPUTY RECORDER 2012 ROOB P1800 PIMA CO WASTEWATER MGMT TUCSON AZ 85701 JOCKET: 10186 PAGE: 1 NO. OF PAGES: 10 . It Z 0 '6 SEQUENCE: 95187702 12/08/95 RES 08:08:00 PICKUP AMOUNT PAID $ 5.50 RESOLUTION AND ORDER NO. 1995 2 7 3 RESOLUTION OF THE PIMA COUNTY BOARD OF SUPERVISORS APPROVING AND AUTHORIZING THE EXECUTION OF THE AGREEMENT BETWEEN PIMA COUNTY AND THE TOWN OF MARANA FOR THE JOINT ADMINISTRATION OF INSPECTION, TESTING, SURVEYING, CONTRACT ADMINISTRATION, AND QUALITY ASSURANCE SUPPORT SERVICES FOR CONSTRUCTION PROJECTS. Whereas, it is deemed to be in the public interest to establish an intergovernmental agreement, pursuant to A.R.S. § 11-951 et. sec., with the Town of Marana for Pima County to provide inspection, testing, surveying, contract administration, and quality assurance support services for construction projects, and Whereas, Pima County has the resources available to provide support services to inspect, test, survey and provide contract administration services for Public Works construction projects, based on the Pima County/City of Tucson Standard Specifications, and Federal guidelines and specifications for construction projects, and Whereas, Town of Marana has determined that support services are needed by the Town of Marana in order to qualify for Federal aid funding for Public Works construction, and that Pima County can provide support services that will satisfy those conditions needed to obtain Federal funding for Public Works construction NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS, PIMA COUNTY ARIZONA, THAT: Pima county enter into an agreement with the Town of Marana to provide inspection, testing, surveying, contract administration, and quality assurance support services for Public Works construction projects. The Chairman of the Board is hereby authorized and directed to sign the said agreement for the Pima County Board of Supervisors. PASSED, ADOPTED, AND APPROVED THIS7th DAY OF ']'overnber 1995. PIMA COUNTY BOARD OF SUPERVISORS / 0/a?z"/ zl CHAIRMAN V LERI?OFTHE BOARD NO 7 995 APPROVED AS TO FORM: DEPUTY COUNTY ATTORNEY 10186 001 /0 CONTRACT Intergovernmental Agreement for AMENDMENT NO. This number must appear on all correspondence, a n s? pertaining to thiis contract docume ts vo'c Joint Administration of Construction Projects and Personnel Balancing M Intergovemnental Agreement is entered into this 7 t h day of No v emb e r , 1995 ? pursuant to A.R.S. § 11-952, by and between the Town of Marana ("Town") and Pima County, a body politic and corporate of the State of Arizona ("County"). Recitals A. Town desires to have available qualified public works construction project personnel who are familiar with the "Standard Specifications for Public Improvements, 1994 edition, Pima County and City of Tucson" and the "Standard Details for Public Improvements, 1994 edition, Pima County and City of Tucson (hereinafter "Standard Specifications & Details") governing improvements to be made within the rights-of-way of the Town; and B. County desires to have available qualified public works construction project personnel who are familiar with the Standard Specifications & Details governing improvements to be made within the rights-of-way of the County; and C. It is the desire of Town and County that the parties shall bear their respective costs of construction project surveillance and contract administration duties while adhering to the Standard Specifications & Details; and D. Town and County may contract for services and enter into agreements with one another for joint or cooperative action pursuant to A. R. S. § 11-95 1, et seq; and E. The Mayor and Council of the Town did on the _7" day of NQV&Wja&r_, 1995, authorize the Mayor to execute this agreement by Resolution No. q " - r, 0 ; and F. The Board of Supervisors of the County did on the 7t h day of ' November _' 1995, authorize the Chairman of the Board to execute this agreement by Resolution No,11Y.)5-273.. NOW, THEREFORE, the Town and the County, pursuant to the above, and in consideration of the matters and things hereinafter set forth, do mutually agree as follows: Page 1 of 7 10186 002 Agreement Definitions. a. Directors: The Director of the Pima County Department of Transportation and Flood Control District for Pima County and the Town Engineer for the Town of Marana, or their designees. b. Field Engineering Services: The construction surveillance and contract administration, inspection, testing and construction staldng for the construction project. C. Field Agency: The agency that performs the field engineering services. d. Sponsoring Agency: The agency that owns and finances the construction project. 2. Purpose. The purpose of this Intergovernmental Agreement is to set forth the responsibilities of the parties and to provide for the reimbursement of costs for the services to be provided. The reimbursements of costs are subject to approval by the Directors. 3. Manner of Financing and Budgeting. a. Each party shall pay the costs of field engineering services for their own construction projects. b. The County shall reimburse the Town for the Town's costs of providing field engineering ser ' vices for County projects, in the manner specified below, and in an amount not to exceed $100,000.00. C. The Town shall reimburse the County for the County's costs of providing field engineering services for Town projects, in the manner specified below, and in an amount not to exceed $100,000.00. d. Each party shall provide estimates to the other party of the costs of field engineering services for each project prior to issuing a Notice to Proceed. These estimates are for budgetary scheduling and are not a contractual guarantee, a cost ceiling, or an it upset limit." e. Each party shall establish a job cost account to identify all costs of field engineering services associated with each construction project. f. Each party shall provide a billing schedule and method agreeable to the other party, including billing rates. These rates shall be reviewed annually, and may be revised in writing by the Directors to reflect correct costs. Page 2 of 7 10186 0 0 3' 4. Selection of Projects. The Directors will review and mutually agree in writing to accept a project(s) under the provisions of this Intergovernmental Agreement. a. Each party shall pursue each construction project to completion, with the following exceptions: The termination of field engineering services by mutual consent of both parties within 24 to 48 hours; or ii. The termination of field engineering services in 30 calendar days when the work load of the field agency increases to the level requiring additional personnel or outside contract help to complete; or iii. The termination of field engineering services in 30 calendar days when in the best interest of either party. 5. Execution of Projects. The field agency performing the field engineering services shall have full power to perform all the duties required to complete its work. Decisions on major design questions, final approval of major material submittals, and the final approval of pay requests shall be referred to the appropriate counterpart within the sponsoring agency for final decision or action. Minor plan changes, field decisions by inspectors, technicians, and surveyors, approval of most shop drawings, and the preparation of preliminary pay requests shall be done by the field agency performing the field engineering services. In emergencies, either party has full authority to take whatever actions are necessary to protect the public. 6. Coordination. a. The ultimate authority and responsibility for the project shall remain with the governing body of the sponsoring agency. b. The design responsibility shall remain with the sponsoring agency. C. The sponsoring agency shall bid, award, execute and make payments on its own projects. d. The sponsoring agency shall pay all legal costs, unless the need for legal assistance is the sole responsibility of the field agency. e. The sponsoring agency shall be responsible for approval of change orders, making progress payments and final acceptance of the projects. f. The field personnel, from the manager to the project inspector, shall be paired up with their counterparts in the sponsoring agency for coordination purposes. Coordination shall include the meeting and an exchange between corresponding personnel at all levels for a particular construction project liaison. Page 3 of 7 10186 00k g. Ile field personnel shall perform their duties to the same standards as employees of the sponsoring agency and shall provide the same documentation, accountability and assurances to their counterparts as would be expected of employees of the sponsoring agency. h. The field personnel duties shall include, but not be limited to, accounting, testing, certification, quantity measurements, and recommendations on both change orders and progress payments submitted to the sponsoring agency. L The field personnel shall be responsible for field decisions, acceptance, rejections, approvals, testing, surveying, layout and coordination responsibilities. j The field agency shall process and certify progress payments requests for the sponsoring agency. k. Sponsoring agency survey personnel shall coordinate the transition from the design staking to the construction staking. Copies of all survey notes shall be shared both before and after the project is built. 1. The field inspector/engineer has authority for field decisions and approvals, but the ultimate authority and responsibility is vested with the sponsoring agency. m. A list of overhead charges/rates for billing purposes shall be established, as provided for in Section 3. n. Invoices/billings shall go to the inspector, who shall measure, match, account, count, and approve the quantities and amounts. The field agency shall prepare the progress billing documents (in the form used by the sponsoring agency). The field manager shall approve, sign, and forward billing documents to the sponsoring manager for approval and payment. 0. All drawings, records, documentation and correspondence will become the property of the sponsoring agency at the completion of the project except for copies maintained by the field agency for their records. p. The sponsoring agency employees may perform any inspection of the project or reasonable audit of any books or records of the field agency in order for the sponsoring agency to satisfy itself that the monies on the project have been spent and the project completed in accordance with the plans, specifications, statutes, rules, and regulations of the sponsoring agency. q. The field engineering services may be terminated as provided by Section 4, but the sponsoring agency shall still be responsible for the costs. 7. Supplemental Agreements. No supplemental agreements to any construction contract shall be approved without the prior written approval of the respective sponsoring agency, unless the changes are deemed to be of an emergency nature in which event the field agency may Page 4 of 7 10186 005 act in the sponsoring agency's behalf, providing notification of the sponsoring agency occurs within 24 hours, by whatever means available. 8. Other Uses for this Intergovernmental Agreement. The parties may include exchanging services, under the same reimbursement provisions in conjunction with "Certification Acceptance," as defined by A.D.O.T./F.H.W.A., and similar duties on the mutual agreement of both parties and the express approval of both the Town Engineer and the County Engineer. 9. Notification. All notices or demands upon any party to this agreement shall be in writing, unless other forms are designated elsewhere, and shall be delivered in person or sent by mail addressed as follows: Town of Marana Pima County Town Engineer Director, Dept. of Transportation & Flood 13251 N. Lon Adams Road Control District Marana, Arizona 85653 201 N. Stone, 3rd Floor (520) 682-3401 Tucson, Arizona 85701 (520) 740-6437 10. Effective Date and Duration of Intergovernmental Agreement a. This Intergovernmental Agreement shall be effective upon recording the original executed agreement with the office of the Pima County Recorder. b. This Intergovernmental Agreement shall remain in effect until: i. Terminated by either party, including final accounting, payments, and acceptances, ii. Five years after the fully executed contract is recorded, iii. December 31, 2000, or iv. Renewed by both parties prior to its expiration. 11. Termination. Any portion of this Intergovernmental Agreement may be terminated upon receipt of sixty (60) day written notice from either of the parties hereto. Such termination shall not relieve either party from those liabilities or costs already incurred under this Intergovernmental Agreement. 12. A.R.S. § 38-511. This Intergovernmental Agreement is subject to the provisions of A.R.S. § 38-511. 13. Non-Appropriation. Notwithstanding any other provision in this Intergovernmental Agreement, this Intergovernmental Agreement may be terminated if for any reason the Marana Town Council or the Pima County Board of Supervisors or Directors do not appropriate sufficient monies for the purpose of maintaining this Intergovernmental Page 5 of 7 10186 006 Agreement. In the event of such cancellation, Town and County shall have no further obligation to the other party other than for payment for services rendered prior to cancellation. 14. Anti-Discrimination. The provisions of A.R.S. § 41-1463 and Executive Order Number 75-5 issued by the Governor of the State of Arizona are incorporated by this reference as a part of this Intergovernmental Agreement. 15. Legal Jurisdiction. a. Nothing in this Intergovernmental Agreement shall be construed as either limiting or extending the legal jurisdiction of either the Town or the County. Employees of each party will be required to work in the jurisdiction of the other party, but as such, shall act as the agent for the sponsoring agency. b. It is not intended by this Intergovernmental Agreement to, and nothing contained in this Intergovernmental Agreement shall be construed to, create any partnership, joint venture or employment relationship between the parties or creating any employer- employee relationship between the Town of Marana and any County employees, or between the County and any Town of Marana employees. Neither party shall be liable for any debts, accounts, obligations or other liabilities whatsoever of the other, including (without limitation) the other party's obligation to withhold Social Security and income taxes for itself or any of its employees. 16. Limitation of Liability. The sponsoring agency shall assume all responsibility and any liability for damages arising out of the sponsoring agency's project, except that the sponsoring agency shall not waive the right to proceed against the field agency in the event of the field agency's sole neglect. Prior to starting work, each party shall provide proof to the other of their worker's compensation, automobile, accident, property damage, and liability coverage or program of self-insurance. 17. Severability. In the event that any provision of this Intergovernmental Agreement or the application thereof is held invalid, such invalidation shall have no effect on other provisions and other than their application which can be given effect without the invalid provision or application and to this end the provisions of this Intergovernmental Agreement are severable. 18. Remedies. Any dispute arising under this Intergovernmental Agreement shall be resolved by arbitration in accordance with A.R.S. § 12-1501 et seq. Page 6 of 7 10186 007 In witness whereof, County has caused this Intergovernmental Agreement to be executed by the Chairman of its Board of Supervisors, upon resolution of the Board and attested to by the Clerk of the Board and the Town has caused this Intergovernmental Agreement to be executed by the Mayor upon resolution of the Mayor and Council and attested to by its Clerk. ATTEST: Page 7 of 7 TOWN OF MARANA Mayor Ed Itonea Town of Marana PIMA COUNTY Paul Marsh, Chairman Board of Supervisors NOV - 7 1995 10186 008 IN7ER GOVERNMENTAL AGREEMENT DE7ERMINA 77ON The foregoing Intergovernmental Agreement between the Town of Marana and Pima County has been reviewed pursuant to A.R.S. § 11-952 by the undersigned, who have determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona to those parties to the Intergovernmental Agreement represented by the undersigned. TOWN OF MARANA: Town Attorney PIMA COUNTY: Deputy County Attorney 10186 009 -11 APPROVAL The foregoing Intergovernmental Agreement for Joint Project Administration Services by and between The Town of Marana, and Pima County, has been reviewed, and is hereby approved as to content. Antonio C. Paez Date Director Pima County Department of Transportation and Flood Control District BOSMesignAGA 10186 010