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HomeMy WebLinkAboutResolution 95-065 IGA with the state for federal funds relating to the santa cruz river emergency repair project at cortaro farms roadRESOLUTION NO. 95-65 A RESOLUTION OF THE MAYOR AND COUNC]~, OF THE TOWN OF MARANA, ARIZONA, APPROVING AND AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGI~I~-MENT BETWI~N ~ TOWN OF MARANA AND THE STATE OF ARIZONA PROVIDING FOR THE ADMINISTRATION OF FEDERAL FUNDS RELATING TO THE SANTA CRUZ RIVER EMERGENCY REPAIR PROJECT AT CORTARO FARMS ROAD. WI~REAS, the town has determined that certain emergency road repairs at the Santa Cruz River at Cottaro Farms Road are needed and are in the public interest, and desires to obtain federal funding in order to assist the funding of this project; and WHEREAS, the State of Arizona is empowered by law to acquire federal funds for certain construction projects within the jurisdiction of the Town of Marana, including funds for the necessary work at the Santa Cruz River and Cottaro Farms Road; and ~S, the State of Arizona and Town of Marana desire to enter into an intergovernmental agreement providing that the state will obtain and administer the necessary federal funding for the town. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the town enter into the intergovernmental agreement attached hereto as Exhibit A between the Town of Mararia and the State of Arizona providing for the administration of federal funds relating to the Santa Cruz River emergency repair project at Cortaro Farms Road. BE IT FIJRTHER 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 Marana, Arizona, this 21st day~.of November, 1995. ~ ~)~1~ r- ~ ~'7 '~ ED HONEA, Mayor APP~~ORM: Daniel J. Hochuli Town Attorney Raaolutlon NO. 95-65 Page 1 of 1 AG Contract No. KR95 2864TRN ADOT ECS File No. JPA 95-188 Project No.: ER-MRN-0(1)p TRACS No.: SE094 02C Project: Cortaro Farms Road @ Santa Cruz River INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA AND THE TOWN OF MARANA ? ?'z 2?- THIS AGREEMENT is entered into 19 pursuant to Arizona Revised Statut Is, Sections 11 51 through11- 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 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. 0 By vure- Page 2 JPA 95-188 5. The only interest of the State in the project 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 project are 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: Flood Repair, Bank Protection. Estimated Project Cost (incl. 15*1 CE costs) $ 438,32G.00 Federal Aid Funds @ 94.3% $ 413,341.00 Town Funds @ 5.7% $ 26,985.00 Five Percent Surcharge $ 21,916.00 Total Town Funds $ 4G,901.00* * - 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 FHWA, will proceed to advertise for, receive and open bids, and subject to the concurrence of the Town and the FHWA, will 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 95-188 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 95-188 9. The Town, by separate intergovernmental agreement with the Pima County, a copy of which is attached hereto and made a part hereof, will provide personnel to supervise construction. The FHWA will participate in the cost of construction supervision provided by the Town at the pro rata established in the Project Agreement for up to 15 percent of the cost of construction. Construction supervision costs not participated in by FHWA shall be borne by the Town. All construction project change orders are to be copied to the State. 10. The Town will complete the project in accordance with approved plans and specifications and the requirements of the relevant State and federal statutes, rules, or regulations. In the event the Town fails to comply with the plans, specifications or any relevant State or federal statutes , rules, or regulations, the Town shall hold the State harmless from any claims or costs incurred by the State as a result of the City's failure to comply. 11. State employees may perform any inspections of the project or audit any books or records of the Town in order for the State to satisy itself that the monies on the project have been spent and the project completed in accordance with the plans and specifications, statutes, rules, and regulations of the State and federal government. 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. Page 5 JPA 95-188 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. 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. Page 6 JPA 95-188 IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written. TOWN OF MARANA By ED HONEA Mayor STATE OF ARIZONA Department of Transportation PETER L. ENO Contract Administrator 621 lloct ATTEST: L-- JPA 95-188 RESOLUTION BE IT RESOLVED on this lIth day of October 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 to design and construct river bank protection/flood repairs on Cortaro Farms Road at the Santa Cruz River. Therefore, authorization is hereby granted to draft said agreements which, upon completion, shall be submitted to the Contract Administrator for approva and execution., for RY BONINE Director JPA 95-188 APPROVAL OF THE MLRANA TOWN aTTORXEY 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 17 day of 1 1995. Town Attorney