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HomeMy WebLinkAboutResolution 95-066 IGA with pima county for shared funding for road overlay on tangerine roadRESOLUTION NO. 95-66 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, APPROVING AND AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF MARANA AND PIMA COUNTY FOR TlffE JOINT PROJECT ADMINISTRATION AND SHARlaT) FUNDING FOR ASPHALTIC ROAD OVERLAY ACTIVITIES ON TANGERINE ROAD. WI-IEREAS, it has been determined that certain roadway improvements are necessary to portions of Tangerine Road, and portions of mid roadway lie within the jurisdictional boundaries of the Town of Marana and other portions lie within the boundaries 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 joint project administration and shared funding responsibilities for approximately three miles of Tangerine Road which lies within both jurisdictions; and WHEREAS, the Town of Marana has determined that these roadway improvements are in the best interests of the public and necessary for public safety, and can provide funding for approximately one half of the costs of the overlay project as well as other support services needed to complete the overlay project. 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 joint administration and funding for aspbaltic overlay of approximately three miles of Tangerine Road. BE 1T 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 Tgwn o$~Vlarana, Arizona, this 5th day of December, 1995. ~7~ ~~.~...__ ED HONEA, Mayor ATTEST:' ~ ~ S~d~' Gr0seclos~· ~' Town Clerk APPROVED AS TO FORM: <~O~-~el J. Hochuli Town Attorney Maram R¢~olution No. 95-66 Page 1 of 1 Intergovernmental Agreement for Joint Project Administration and Cost Sharing Respaosi~iljtiescorresoondence, for documents pertaining to Asphaltic Overlay Roadway Improvements on Tangmdn~tRoad COHTRACT No. 0/- oT-rn-/ / ¥his number must ep~eer on 811 and this THIS INTERGOVERNMENTAL AG, REEMENT is entered into pursuant to A.R.S. §11-951 et seq., by and between Pima County ( 'County '), a body corporate and politic of the State of Arizolm, 7nd the Town of Marana, ("Town") (collectively "the Parties"). WHEREAS, Town and County have determined that portions of Tangerine Road right-of-way lie within the jurisdictional boundaries of both the Parties through recent annexation; and WItEKEAS, The Parties desire to maintain safe roadway conditions for the public within and along the Tangerine Road right-of-way, and WHEREAS, The Parties have determined that asphaltic overlay roadway improvements are necessary for approximately tluee (3) miles of Tangerine Road (see Exhibit 1); and WHEREAS, The Parties find it in the public interest to cooperate in funding and causing construction of the necessary improvements to Tangerine Road; and WHEREAS, The Parties are authorized to enter into this Agreement by A.R.S. § 11-951 et seq. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the Parties agree as follows: I. PURPOSE/SCOPE OF PROJECT The purpose of this Agreement is to provide for the timely construction of roadway aspbaltic overlay and striping improvements ("Project") to Tangerine road (the location as shown in Exhibit 1): Approximately 3.2 miles of Tangerine Road from Tortolita Road thence in a westerly direction towards Benta Vista Street intersection with Tangerine Road (the "Breakers") shb.11 be improved with asphaltic overlay materials. Tile Project shall be performed in a manner consistent with the City of Tucson/Pima County Standard Specifications of 1994 and have a minimum 1 1/2" course of asphaltic roadway mix materials. Survey monuments shall be relocated in advance of overlay activities. Roadway striping and signage shall be promptly performed after overlay work is completed and all striping work shall be in accordance with Investigations Group recommendations and plans. The total Project cost estimate is $100,000.00. The Parties shall equally participate in tile funding of the Project costs. II. PROJECT IMPLEMENTATION OBLIGATIONS OF THE PARTIES A. County shall: Review the plans, specifications, and written cost estimate for the Project for compliance with County road design standards and the terms of this Agreement. Provide all construction activities, including striping and signage, for the Project through its existing contractual agreements for roadway work of this nature. Provide construction inspection and material testing according to the specifications and plans developed for the Project. 4. Waive all review fees, permit fees, and construction inspection fees. Upon completion of the final inspection of the Project, provide funding for one- half (1/2) of the construction costs ($50,000) towards Project completion, plus provide contingency of a maximum amount of $5,000. Total cost share not to exceed $55,000.00. Future maintenance activities for this roadway shall be defined through a separate Intergovernmental Agreement. B. Town shall: Review and approve plans, specifications, and written cost estimates for the Project. 2. Relocate survey monuments designated to be within .the Project work area. Upon completion of the final inspection of the Project, provide reimbursement funding to County for one-half (1/2) of the construction costs ($50,000) towards Project completion, plus provide contingency of a maximum amount of $5,000. Total cost share not to exceed $55,000.00. III. GENERAL TERMS A. Each Party warrants that it has the power and authority to enter into this Agreement and to perform and conclude the transaction(s) described herein, and no contract or Agreement exists that would prevent either Party from implementing the actions described herein. B. No other representations, promises, or agreements have been made between the Parties other than as expressly set forth herein, and neither County nor Town shall be bound by any alleged understandings, agreements, promises, representations, covenants, or stipulations which are not set lbrth herein. This Agreement constitutes the entire contract of the Parties hereunder, and cannot be modified except in writing executed by each of the Parties hereto. C. Nothing in this Agreement, whether expressed or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any person other than the Parties to it and their respective successors and permitted assigns. D. Any notice or other communication required or permitted hereunder shall be in writing and shall be delivered personally, sent by facsimile transmission (with immediate confirmation thereafter), or sent by certified, registered or express mail, postage prepaid. Any such notice shall be deemed given when so delivered personally, or sent by facsimile transmission (with immediate confirmation thereafter), or upon mailing as follows: IF TO CounW PIMA COUNTY DEPARTMENT OF TRANSPORTATION 201 NORTH STONE AVENUE TUCSON, ARIZONA 85701 ATTENTION: DEPARTMENT DIRECTOR IF TO Town TOWN OF MARANA 13251 N. LON ADAMS ROAD MARANA, ARIZONA 85653 Any Party may, by notice given in accordance with this Section to the other Party, designate another address or person for receipt of notices hereunder. E. This Agreement and the wording coutained herein have been arrived at through the mutual negotiation of the Parties. Accordingly, no provision hereof shall be construed against one Party or in favor of another Party merely by reason of draftsmanship. F. In the event any provision of this Agreement conflicts with the law under which this Agreement is to be construed, such provision shall be deleted from the Agreement, and the Agreement shall be construed to give effect to the remaining provisions thereof. Any changes in the governing laws, rules and regulations during the term of this Agreement shall apply but do not require an amendment. IV. INDEMNIFICATION Each Party to this Agreement shall indemnify, defend and hold the other Party and its respective officers, employees and agents harmless from, for and against any and all suits, actions, legal or administrative proceedings, claims, demands, liens, losses, fines or damages, including consequential damages, liability, interest, attorney's and accountant's fees or costs and expenses of whatsoever kind and nature, which are in any manner directly or indirectly caused, occasioned or contributed to, by reason of any act, omission, fault, negligence, violation or alleged violation of any law, whether active or passive, of the indemnifying Party, its agents, employees or anyone acting under its direction, control or on its behalf, in connection with or incident to the performance of this Agreement and the street improvements (Project) contemplated by this agreement. This indemnification shall not apply to a cause of action brought by a Party to this Agreement which constitutes a challenge to the validit), of the Agreement itself. V. NON-WARRANTY The Parties do not warrant their power or right to enter into this Agreement and if the same is determined to be null and void by court action initiated by third persons, there shall be no liability of any Party to any other Party by reason of such action or by reason of this Agreement. VI. CONFLICT OF INTEREST This Agreement is subject to the provisions of A.R.S. 38-511 which provides in pertinent part: The State, its political subdivisions or any department of either may, within three years after its execution, cancel any contract, without penalty or further obligation, made by the State, its political subdivisions, or any of the departments or agencies of either it any person significantly involved in initiating, negotiating, securing, drafting, or creating the contract on behalf of the State, its political subdivisions or any o£ the departments or agencies of either is, at any time, while the contract or any extension of the contract is in effect, an employee or agent of any other Party to the contract in can capacity or a consultant to any Party to the contract with respect to the subject matter of the contract. VII. NON-ASSIGNMENT Due to the special nature of this Agreement, it is not assignable by a Party to the Agreemeut without the written consent of the other Party. VIII. NON-DISCRIMINATION The Parties to this Agreement shall not discriminate against any individual in any way on account of such individual's race, color, religion, sex, age, handicap or national origin. Executive Order No. 75- 5 of the State of Arizona is hereby incorporated into this Agreement by reference, as if set forth in full herein. IX. COMPLIANCE WITH ALL LAWS The Parties to this Agreement shall comply with all federal, state and local laws, rules, regulations, standards and Executive Orders, without limitation to those designated within this Agreement. The laws and regulations of the State of Arizona shall govern the rights of the Parties, the performance o][ this Agreement and any disputes thereunder. Any action relating to this Agreement shall be brought in an Arizona court. X. STATUS OF PARTIES Town shall not be considered an agent of County or to be otherwise acting on County's behalf under this Agreement. Town shall not purchase any materials, equipment or supplies on the credit of County. Town shall not pledge the credit of County for any purpose whatsoever. XI. ACOUISITION OF PROPERTY It is not anticipated that any property will be jointly acquired by the Parties pursuant to this Agreement. XII. TERM A. This Agreement shall become effective on the date it is executed by the Parties, but in no event prior to the date it is filed with the Pima County Recorder, and shall remain in effect from that date for a period of one (1) year. B. This Agreement may be terminated by County or Town upon sixty (60) days written notice to To~vn or County, respectively. C. Notwithstanding the foregoing, termination of this Agreement by either party shall not relieve the terminating party of its obligation to pay any of the funds provided hereunder for work for which the non-terminating party has committed itself. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement this December, 1995. PIMA COUNTY BOA~F SUPERVISORS CHA r [C 5 1995 ~I~ THE BOARD ~T OF TRANSPORTATION BY'//~~~'"'-'--tNTONIO C. PA~Z, I~fREC~'OR TOWN OF MARANA BY ~ 7~ ;~7~ rz~'~ MAYOR ATTEST: TOWN CLERK day REVIEWED AND APPROVED AS TO FORM AND AUTHORITY: Pursuant to A.R.S. Section 11-952(D), the attorneys for the Parties hereto have determined that :he foregoing Intergovernmental Agreement is in proper form and is within the powers and authority granted to the Parties under the laws of the State of Arizona. Deputy Pima County Attorney, on behalf of Pima County '~'~Attorney, on behalf of the Town of Marana Date: Date: EXHIBIT "1" -