HomeMy WebLinkAboutRes 2010-43RESOLUTION NO. 201043
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, APPROVING AN INTERGOVERNMENTAL
AGREEMENT WITH MARICOPA COUNTY RELATING TO SHEA
BOULEVARD IMPROVEMENTS PROJECT FUNDING.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS as follows:
SECTION L The Intergovernmental Agreement between the Town of Fountain Hills
and Maricopa County dated December 16, 2010, relating to Shea Boulevard improvements
project funding (the "Agreement'), is hereby approved substantially in the form attached hereto
as Exhibit A and incorporated herein by reference.
SECTION 2. The Mayor, the Town Manager, the Town Clerk and the Town Attorney
are hereby authorized and directed to cause the execution of the Agreement and to take all steps
necessary to carry out the purpose and intent of this Resolution.
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills,
December 16, 2010.
FOR THE TOWN OF FOUNTAIN HILLS:
y . Schlum, Mayor
REVIEWED BY:
2044l s Town Manager
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ATTESTED TO:
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APPROVED AS TO FORM:
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Andrew J. McGuire, Town Attorney
INTERGOVERNMENTAL AGREEMENT
BETWEEN MARICOPA COUNTY AND THE TOWN OF FOUNTAIN HILLS
FOR IMPROVEMENTS TO: SHEA BOULEVARD
FROM FOUNTAIN HILLS TOWN LIMITS TO BEELINE HIGHWAY (SR87)
(TT003)
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This Intergovernmental Agreement (Agreement) is between the County of Maricopa, a
political subdivision of the State, acting through the Maricopa County Department of
Transportation (County), and the Town of Fountain Hills, a municipal corporation (Fountain
Hills). The County and Town are collectively referred to as the Parties or individually as a
Party.
This Agreement shall become effective as of the date it is approved by the Maricopa County
Board of Supervisors and may be filed with the Maricopa County Recorder.
STATUTORY AUTHORIZATION
A.R.S. §11 -251 and § §28 -6701 et seq. authorize the County to layout, maintain,
control and manage public roads within the County.
2. A.R.S. § §11 -951 et seq. authorize public agencies to enter into Intergovernmental
Agreements for the provision of services or for joint or cooperative action.
BACKGROUND
3. Fountain Hills is currently underway with roadway improvements which will provide a
mill and 2 inch rubberized asphalt overlay and other work on Shea Boulevard. This
overlay work extends from the southeastern corner of Fountain Hills to west of
Palisades Boulevard. The Shea Boulevard /Saguaro Boulevard improvement is the final
segment of the work and is scheduled for construction during summer of 2011. These
improvements will provide a rubberized asphalt overlay on Shea Boulevard ending at
the east boundary of Fountain Hills.
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4. Shea Boulevard, from the southeast boundary of Fountain Hills to the Beeline Highway
(SR87), lies within Fort McDowell Yavapai Nation and Salt River Pima - Maricopa Indian
Community and is maintained by the County under tribal resolution SR415 -65.
5. Fountain Hills proposes that the rubberized asphalt overlay improvements be extended
to include Shea Boulevard from the southeast boundary of Fountain Hills to the Beeline
Highway (SR87) for a distance of approximately 700 feet (Project).
6. The Project is anticipated to begin construction in the spring or summer of 2011.
Fountain Hills is the lead agency for the Project. The total cost of the Shea
Boulevard /Saguaro Boulevard improvements is currently estimated at $2.4 million. The
estimated cost of the Project is $152,400.
7. The Board of Supervisors, by Resolution in May 2002, approved the creation of the
Transportation Advisory Board Special Project Fund (TAB -SPF) in the amount of
$1,000,000 per fiscal year. The Board of Supervisors increased the TAB -SPF to
$1,500,000 by Amendment Resolution 02 -05A in June 2007.
7.1 The TAB -SPF may be utilized by the Maricopa County Department of
Transportation ( MCDOT) to respond to proposed projects as determined
appropriate by the Transportation Advisory Board (TAB).
7.2 The TAB -SPF is administered by MCDOT, in accordance with the Board of
Supervisors resolutions, through MCDOT Policy T 1103.
8. On September 21, 2010 the Transportation Advisory Board (TAB) recommended that
the Board of Supervisors fund the Project submitted by Fountain Hills from the FY
2011 Special Project Fund (SPF) in the amount of $152,400.
PURPOSE OF THE AGREEMENT
9. The purpose of this Agreement is to identify and define the responsibilities of the County
and Fountain Hills for the cost sharing, design, construction, construction management,
rights -of -way acquisition, utility relocation, and annexation of the roadway.
TERMS OF THE AGREEMENT
10. Responsibilities of the County:
10.1 The County shall cooperate with Fountain Hills in the completion of the Project.
10.2 The County shall issue permits at no cost to Fountain Hills for work done on
the Project within County jurisdiction, as applicable.
10.3 The County shall remit payment to Fountain Hills within 30 days of receipt of an
invoice from Fountain Hills for $152,400.
10.4 Upon approval of this Agreement by the County Board of Supervisors, the
County shall notify Fountain Hills that the Board approved the Agreement.
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11. Responsibilities of Fountain Hills:
11.1 Fountain Hills shall act as the Lead Agency for the Project consistent with
Fountain Hills' standards to include, but not be limited to, the design,
construction, construction management, rights-of-way acquisition, and utility
relocations, as applicable.
11.2 Fountain Hills shall coordinate with the Fort McDowell Yavapai Nation and Salt
River Pima - Maricopa Indian Community, as needed, to ensure collaborative
cooperation.
11.3 Fountain Hills shall invoice the County for $152,400 upon approval of this
agreement by the Board of Supervisors.
11.4 Fountain Hills shall deliver a copy of the Project bid award, when issued, to the
County c/o Intergovernmental Relations Branch, 2901 West Durango Street,
Phoenix, Arizona 85009.
11.5 Fountain Hills shall provide for the County a final accounting of all funds upon
completion of the Project.
11.6 Fountain Hills shall return any remaining funds to the County upon completion
of the Project.
GENERAL TERMS AND CONDITIONS
12. By entering into this Agreement, the Parties agree that to the extent permitted by law,
each Party will indemnify and save the other Parties harmless, including any of the
Parties' departments, agencies, officers, employees, elected officials or agents, from
and against all loss, expense, damage or claim of any nature whatsoever which is
caused by any activity, condition or event arising out of the performance or
nonperformance by the indemnifying Party of any of the provisions of this Agreement.
By entering into this Agreement, each Party indemnifies the other against all liability,
losses and damages of any nature for or on account of any injuries or death of persons
or damages to or destruction of property arising out of or in any way connected with the
performance or nonperformance of this Agreement, except such injury or damage as
shall have been occasioned by the negligence of that other Party. The damages which
are the subject of this indemnity shall include but not be limited to the damages incurred
by any Party, its departments, agencies, officers, employees, elected officials or agents.
In the event of an action, the damages which are the subject of this indemnity shall
include costs, expenses of litigation and reasonable attorney's fees.
13. This Agreement shall become effective as of the date it is approved by the Maricopa
County Board of Supervisors and may be recorded with the Maricopa County Recorder,
and remain in full force and effect until all stipulations previously indicated have been
satisfied except that it may be amended upon written Agreement by all Parties. Any
Party may terminate this Agreement upon furnishing the other Parties with a written
notice at least thirty (30) days prior to the effective termination date.
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14. This Agreement shall be subject to the provisions of A.R.S. §38 -511.
15. The Parties warrant that they are in compliance with A.R.S. § 41 -4401 and further
acknowledge that:
15.1 Any contractor or subcontractor who is contracted by a Party to perform work
on the Project shall warrant their compliance with all federal immigration laws
and regulations that relate to their employees and their compliance with A.R.S.
§ 23- 214(A), and shall keep a record of the verification for the duration of the
employee's employment or at least three years, whichever is longer:
15.2 That any breach of the warranty, shall be deemed a material breach of the
contract that is subject to penalties up to and including termination of the
contract;
15.3 The Parties retain the legal right to inspect the papers of any contractor or
subcontractor employee who works on the Project to ensure that the contractor
or subcontractor is complying with the warranty above and that the contractor
agrees to make all papers and employment records of said employee available
during normal working hours in order to facilitate such an inspection;
15.4 Nothing in this Agreement shall make any contractor or subcontractor an agent
or employee of the Parties to this Agreement.
16. The Parties warrant that they do not have scrutinized business operations in Sudan or
Iran, as prohibited by AIRS sections 35- 391.06 and 35- 393.06, and further acknowledge
that any contractor or subcontractor who is contracted by a party to perform work on the
Project shall warrant that they do not have scrutinized business operations in Sudan or
Iran.
17. Each Party in this Agreement warrants that neither it nor any contractor or vendor under
contract with the Party to provide goods or services toward the accomplishment of the
objectives of this Agreement are not suspended or debarred by any federal agency
which has provided funding that will be used in the Project described in this Agreement.
18. This Agreement does not imply authority to perform any tasks, or accept any
responsibility, not expressly stated in this Agreement.
19. This Agreement does not create a duty or responsibility unless the intention to do so is
clearly and unambiguously stated in this Agreement.
20. This Agreement shall not be modified or extended except by written instrument adopted
under the requirements for adopting a new agreement.
21. This Agreement does not grant authority to control the subject roadway, except to the
extent necessary to perform the tasks expressly undertaken pursuant to this
Agreement.
22. Any funding provided for in this Agreement, other than in the current fiscal year, is
contingent upon being budgeted and appropriated by the Maricopa County Board of
Supervisors and the Fountain Hills Town Council in such fiscal year.
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23. This Agreement has been arrived at by negotiation and shall not be construed against
any Party or against the Party who prepared the last draft.
24. Unless otherwise lawfully terminated by the Parties, this Agreement shall expire upon
the completion and acceptance of the Project and the fulfillment of all terms of the
Agreement.
End of Agreement - Signature Page Follows
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement.
MARICOPA COUNTY
Recommended by:
a. L I I-• cj-- la
J n . Hauskins, P.E. Date
Transportation Director
Approved and Accepted by:
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BeR pley, Chairman Date
Board of Supervisors AWW1,
Attest by:
Fran McCarroll o1UP11 Date
Clerk of the Board
TOWN OF FOUNTAIN HILLS
Recommended by:
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Richard L-15avis Date
Town Manager
Approved and Accepted by:
a-. z
Ja
rn m Date
w Mayor
Attest by:
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Beveoyn . -t/ Date
Town Clerk
APPROVAL OF ATTORNEY FOR BOS AND TOWN ATTORNEY
1 hereby state that I have reviewed the proposed Intergovernmental Agreement and declare the
Agreement to be in proper foram and within the powers and authority granted to the Parties by
their respective governing bodies under the laws of the State of Arizona.
r
Attorney for BOS Date To Attorney Date
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