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HomeMy WebLinkAboutResolution 2009-153 IGA with the Town of Oro Valley for a Wildlife Linkage studyMARANA RESOLUTION N0.2009-153 RELATING TO INTERGOVERNMENTAL RELATIONS; AUTHORIZING AND APPROVING THE TOWN OF MARANA TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT (IGA) WITH THE TOWN OF ORO VALLEY FOR A WILDLIFE LINKAGE STUDY FOR TANGERINE ROAD BETWEEN INTERSTATE 10 AND LA CANADA DRIVE AS WELL AS LA CHOLLA BOULEVARD BETWEEN TANGERINE AND OVERTON ROADS WHEREAS the Wildlife Linkages Study for Tangerine and La Cholla will provide wildlife linkage crossing information required for the future design concept for roadway construction improvements that are currently planned for these roadways under the Regional Transportation Authority (RTA) plan; and. WHEREAS these roadways have been identified by the Town of Marana and the Town of Oro Valley as bisecting one of the highest priority wildlife connectivity linkages within their respective jurisdictions; and WHEREAS this project will collect wildlife species location data from wildlife vehicle collisions and wildlife tracks and recommend locations and types of crossing structures for wildlife crossing mitigation; and WHEREAS the Town of Oro Valley will be the lead on this project for coordinating with the Arizona Game and Fish Department to complete the study; and WHEREAS the Town of Oro Valley be taking the lead on obtaining reimbursements from the Regional Transportation Authority for the project; and WHEREAS Town of Marana contributions for this project will be staff time and coordination. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF MARANA, ARIZONA, authorizing and approving the Town of Marana to enter into an Intergovernmental Agreement (IGA) with the Town of Oro Valley for a Wildlife Linkage Study for Tangerine Road between Interstate 10 and La Canada Drive as well as La Cholla Boulevard between Tangerine and Overton Road. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 15`h day of September, 2009. May Ed Honea APPROVED AS TO FORM: j ~.. ~-F1 ~~ ,.. ,, . .r,~ f C. B son, Town Clerk Frank Cassidy, Town Attorne ~} ~ ° ,d Intergovernmental Agreement between the Town of Marano and the Town of Oro Valley RTA Wildlife Linkage Crossing Study for Tangerine Road between Interstate 10 and La Canada Drive and La Cholla Boulevard from Tangerine Road to Overton Road This Intergovernmental Agreement ("IGA") is entered into by and between the Town of Marano, an Arizona municipal corporation, hereinafter referred to as "Marano" and the Town of Oro Valley, an Arizona municipal corporation, hereinafter referred to as "Oro Valley", both of which are collectively referred to as the "Parties". RECITALS WHEREAS, Marano and Oro Valley may contract for services and enter into agreements with one another for joint or cooperative action pursuant to A.R.S. § 11-952; and WHEREAS, Marano and Oro Valley are empowered by A.R.S. § 9-240, et seq., to enter into this Agreement, and have by resolution, copies of which are attached hereto and made a part hereof, resolved to enter into this Agreement and have authorized the undersigned to execute this Agreement on behalf of Marano and Oro Valley, respectively; and WHEREAS, the Parties wish to enter into this Agreement for the purpose of contracting with Arizona Game and Fish Department, (AGFD) to complete a RTA Wildlife Linkage Crossing Study for Tangerine Road from Interstate 10 (I-10) to La Canada Drive, and La Cholla Boulevard from Tangerine Road to Overton Road. Project will be completed per the attached project scope Exhibit "A"; and WHEREAS, funding for the Wildlife Linkage Crossing Study shall be provided by the Regional Transportation Authority (RTA) as specified in Exhibit "A"; and WHEREAS, the Town of Oro Valley will take the lead management role with the RTA relating to the Wildlife Linkage Crossing Study; and WHEREAS, the information to be provided by this study is necessary to complete the design concept report for roadway construction improvements that are currently planned for these roadways, and will provide recommendations for wildlife crossings to guide future roadway design and roadway improvements. NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth, the Parties agree as follows: 1\Legallsharefiles\Public Works\IGA's\Marana and TOV RTA Wildlife Linkage zing\IGA Town of Marano-TOV Wildlife Linkage Crossing Study 6-12-09.doc AGREEMENT I. Purpose. The purpose of this Agreement is to set forth the responsibilities of the Parties regarding the joint and cooperative effort between Marana and Oro Valley to produce a Wildlife Linkage Crossing Study for Tangerine Road from Interstate 10 (I-10) to La Canada Drive, and for La Cholla Boulevard from Tangerine Road to Overton Road. II. Scope of Work. This Agreement is applicable only to the tasks contained herein and shall not be extended to any other work except as listed in Exhibit "A". AGFD shall do everything necessary to produce the Wildlife Linkage Crossing Study specifically described in the attached Exhibit "A". III. Selection of Consultant. The work that is to be performed under this Agreement shall be completed by AGFD, hereinafter referred to as "Consultant," who has been selected and approved by the RTA Wildlife Committee. for the agreed amount of $74,638.00. IV. Responsibilities of the Parties. t . Oro Valley shall: A. Take the lead management role. B. Be the lead agency for management of the Consultant. C. Be the lead agency for funding the Wildlife Linkage Crossing Study through a separate agreement between Marana, Oro Valley and the RTA. D. Provide input and direction as to how the Wildlife Linkage Crossing Study progresses, how it is performed within the scope of the project boundaries - Exhibit "A", and review of submittals and final report of the Wildlife Linkage Crossing Study. 2. Marana sha1L• A. As an associate participant, provide input and direction as to how the Project relates to the Wildlife Linkage Crossing Study progress. B. Review all submittals from the Consultant and comment before final submittal and acceptance is completed. V. Termination. Any Party to the Agreement may terminate this Agreement for any reason by providing thirty (30) days written notice of such termination to the other Parties. Any such termination shall not relieve any Party from liabilities or costs already incurred under this Agreement. VI. Non-assignment. The Parties to this Agreement shall not assign its rights under this Agreement to any other Party. VII. Amendment(s). This Agreement may be, altered, amended, changed or modified by a duly executed instrument signed by all Parties. VIII. Construction and, Interpretation. All provisions of this Agreement shall be construed to be consistent with the intention of the Parties as expressed in the recitals hereof. IX. Severability. In the event that any provision of this Agreement or the application thereof is declared invalid or void by statute or judicial .decision, such action shall have no effect on other provisions and their application, which can be given effect without the invalid or void provision or application, and to this extent the provisions of the Agreement are severable. In the event that any provision of this Agreement is declared invalid or void, the Parties agree to meet promptly upon request of the other Party in an attempt to reach an agreement on a substitute provision. X. Conflict of Interest. This Agreement is subject to the provisions of A.R.S. § 38- 511, which provides for cancellation by a public body in certain instances involving conflicts of interests XI. Ownership of Improvements. Ownership and title to all materials submitted and performed as part of this Wildlife Linkage Crossing Study pursuant to this Agreement shall automatically vest equally in the Parties upon completion of the Project. XII. Legal Jurisdiction. Nothing in this Agreement shall be construed as either limiting or extending the legal jurisdiction of Marana or Oro Valley. XIII. No Joint Venture. It is not intended by this Agreement to, and nothing contained in this Agreement shall be construed to, create any partnership, joint venture or employment relationship between the Parties or create any employer-employee relationship between Marana or Oro Valley employees. The Parties shall not 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. XIV. No Third Party Beneficiaries. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or effect the legal liability of the Parties to the Agreement by imposing any standard of care different from the standard of care imposed by law. XV. Compliance with Laws. The Parties shall comply with all applicable federal, state and local laws, rules, regulations, standards and executive orders, without limitation to those designated within this Agreement. A. Anti-Discrimination. The provisions of A.R.S. § 41-1463 and Executive Order Number 99-4 issued by the Governor of the State of Arizona are incorporated by this reference as a part of this Agreement. B. Americans with Disabilities Act. This Agreement is subject to all applicable provisions of the Americans with Disabilities Act (Public Law 101-336,42 U.S.C. 12101-12213) and all applicable federal regulations under the Act, including 28 CFR Parts 35 and 36. XVI. Waiver. Waiver by any Party of any breach of any term, covenant or condition herein contained shall not be deemed a waiver of any other term, covenant or condition, or any subsequent breach of the same or any other term, covenant, or condition herein contained. XVII. 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: MARANA Jennifer Christelman Manager, Environmental Engineering Division Town of Marana 11555 W. Civic Center Drive Marana, AZ 85653 Phone: (520) 382-2600 Fax: (520) 382-2640 TTY (Teletype): (520) 382-3499 Barbara Johnson General Manager, Public Services Town of Marana 11555 W. Civic Center Drive. Marana, Arizona 85653 Cc: Frank Cassidy Town Attorney Town of Marana 11555 W. Civic Center Drive Marana, Arizona 85653 TOWN OF ORO VALLEY Phil Trenary, CFM Operations Division Manager Town of Oro Valley 11000 N. La Canada Drive Oro Valley, Arizona 85737 Craig Civalier, P.E. Town Engineer Town of Oro Valley 11000 N. La Canada Drive Oro Valley, Arizona 85737 Cc: Tobin Rosen Town Attorney Town of Oro Valley 11000 N. La Canada Drive Oro Valley, Arizona 85737 XIX. Remedies. Any Party to this Agreement may pursue any remedies provided by law for the breach of this Agreement. No right or remedy is intended to be exclusive of any other right or remedy and each shall be cumulative and in addition to any other right or remedy existing at law or in equity or by virtue of this Agreement. XX. .Entire Agreement. This instrument constitutes the entire Agreement between the Parties pertaining to the subject matter hereof, and all prior or contemporaneous agreements and understandings, oral or written, are hereby superseded and merged herein. IN WITNESS WHEREOF, the Town of Marana and Town of Oro Valley have caused this Agreement to be executed by the Mayor and Council of the Town of Marana and the Town of Oro Valley, upon resolution of the their respective Mayor and Council and attested to by the Clerk of the Town of Marana and Clerk of the Town of Oro Valley. TOWN OF MARAN Ed Honea, Ma or ATTEST: TOWN OF ORO VALLEY ~~° ,,~. Paul H. Loomis, Mayor ATTEST: ~~~i~~=~-C1-v Ka yn E. Cuvelier, Town Clerk Date: -eo _aZ. 1 INTERGOVERNMENTAL DETERMINATION Pursuant to A.R.S. § 11-952, the attorney for the Town. of Marana and the Town of Oro Valley, hereto have determined, for their respective clients, that the foregoing Agreement is in proper form, and is within the powers and authority granted under the laws of this State. MA A ~~ Cassidy, Town Attorney Date: 9 ~~~ 9' TOWN OF ORO VALLEY . ==,~ ~ F Tobin Rosen, Town Attorney- ~'~:w~ Date: ~` Exhibit `A' Wildlife Linkages Project RTA Wildlife Linkages Project Funding Proposal 1. NAME/ORGANIZATION Town of Oro Valley and Town of Marana 2. PROJECT TITLE Tangerine Road (Junction of La Canada Drive west to Interstate 10) and La Cholla Boulevard (Junction of Tangerine Road south to Overton Road) Wildlife Linkages 3. INTRODUCTION Proposal purpose The purpose of this proposal is to request RTA Wildlife Linkages funding to determine placement and type of wildlife linkages in the area of Tangerine Road (between La Canada Drive and Interstate 10) and in the area of La Cholla Boulevard (between Tangerine and Overton Roads; Figure 1). This information is needed in order to complete the design concept report for roadway construction improvements that are currently planned .for these roadways. In addition, these roadways have been identified by Oro Valley and Marana as bisecting one of the highest priority wildlife connectivity linkages within their respective townships. Specifically, this project will collect wildlife species location data from wildlife-vehicle collisions and tracks in order to identify potential sites and types of crossing structures for wildlife crossing mitigation. Project background The Town of Oro Valley and Marana are currently working on plans to develop the two lane Tangerine Road from La Canada Drive to Interstate 10 into a four lane divided highway. This project being planned is due to the high volume of traffic projected to use the roadway from new housing developments being constructed along the project area. In addition, plans to expand La Cholla Boulevard into a four lane roadway are underway because of the high commuter traffic volume along the roadway. There are concerns regarding motorist safety due to wildlife (e.g., Mule deer and Javelina) vehicular collisions attributable to the potential increase in vehicle volume and speed that may occur with these roadway improvements. However, information on the specific locations where wildlife species currently cross these roadways are lacking. A completion of identifying wildlife linkages along the project length is time-sensitive; recommendations need to be included before design progresses too far. Wildlife linkages background The project area outlined above has long been recognized as a critical link between the Tortolita Mountains and Santa Cruz River. In addition, the roadway bisects the Sonoran Desert Scrub that exists in northwest Tucson from that in Marana and Oro Valley. The Sonoran Desert Conservation Plan identified the Marana/Oro Valley corridor as one of 1 six regional areas important for wildlife connectivity. The Town of Marana's Draft Habitat Conservation Plan has also identified wildlife corridors across Tangerine Road. These corridors are the recommendations of the Technical Biology Team (TBT; Figure 2). The TBT. has identified the corridors as critical connections across Tangerine; however, the types of structures and exact locations were not identified by this group. Therefore, incorporating appropriate wildlife linkage structures into the Tangerine Roadway project is critical for the maintenance of wildlife connectivity through this area. The wildlife crossing survey project will .provide critical data to ensure that the crossing structures are properly designed and located in areas where they will be effective. Dr. Paul Beier, Northern Arizona University, has also identified wildlife crossings across Tangerine Road (which is a portion of this request for study) as important for wildlife linkages. Beier's work included different species than the Town was addressing for the Habitat Conservation Plan and the corridors were very consistent with one another. Please see Figure 3. The widening of Tangerine Road will need to include wildlife crossings along these identified corridors, but it will also determine other locations that the wildlife may be using that will need fencing to another crossing. The land use in this area will be looked at to determine these crossing areas and structures. The Town of Marana completed a wildlife linkage study along Camino de Manana. This study then drove the design of the Camino de Manana widening project. The study was the justification for the addition of three additional pipe culverts for the crossing of small mammals and reptiles and the expansion of a conspan to accommodate the crossing of large mammals including mule deer. The Town of Marana has also received RTA funding for a wildlife linkage study for Twin Peaks Road over Rattlesnake. Pass that will drive the future design for widening of this roadway. Ramifications of no action If funding is not approved for this project, Town engineers will be unable to provide recommendations to the design team for the incorporation of wildlife linkage .structures into the design of this roadway project. This will lead to increased wildlife mortality and fragmentation of wildlife habitat in this area. Continual fragmentation of habitat leads to wildlife population declines and localized extinctions. 4.OBJECTIVES The objectives of this project are to: a. Identify the wildlife species within the identified project area; b. Identify wildlife crossing locations along the project length; and c. Establish wildlife linkage recommendations along the project length (such as recommendations on wildlife crossing structures, fences, plantings, median design, and speed limits). 5. APPROACH We will survey the approximately 9.5-mile section of the currently paved roadway of Tangerine Road (i.e., from the intersection of La Canada Drive and Interstate 10) and the 3.5-mile section of roadway on La Cholla Boulevard {i.e., from the intersection of Tangerine and Overton Roads). We will employ three different survey methods in order 2 to identify wildlife .crossing areas: walking roadkill surveys, driving roadkill surveys, and track counts. Walking Roadkill Surveys - We will examine three miles of roadway every survey day (twice per week) from April through September for wildlife mortalities (see Timeline below). This will enable us to cover each 1-mile roadway segment for 12 occasions throughout the life of the project. The survey will begin 1/2 hour before sunrise in order to minimize the loss of wildlife mortalities due to scavenging. We will walk the paved road segment noting all road-killed wildlife by species and location (with the aid of GPS unit). The complete road right-of--way will be surveyed (i.e., the area between the two road boundary fences). All individual mortalities will be removed from the roadway once they are tallied. We will locate and map all current underpass structures within the Project Area, noting their type (e.g., 24" pipe culvert, 2'x4' cement lined box culvert, etc.) and size (length, width). Further examination of these road killed wildlife .locations with respect to culvert type and size, and surrounding habitat will be described. Driving Roadkill Surveys -After completing the early morning walking roadkill surveys the remaining 10 miles of roadway not walked that day will be surveyed with the use of two All Terrain Vehicles traveling less than 5 miles/hour along the shoulders of the roadway. Therefore, during a one week period driving surveys will be completed on two occasions (Monday and Thursday). All individual mortalities will be removed from the roadway once they are tallied. Track Count Surveys - We will employ wildlife track surveys to assess the movements of larger animals (i.e., animals prone to roadway mortality at a lower rate due to their lower numbers) across the Project. Area. We will grade and read tracks on both sides of Tangerine and La Cholla roads every Monday and Thursday (post-walking roadkill surveys) where suitable conditions occur (e.g. not on rock outcroppings, on slopes > 30%, etc.). On either side of the roadway we will grade a 2 m swath of ground twice a week (i.e., after the tracks are read for that day). We will inspect the graded area on either side of the road for animals entering and leaving the roadway. All tracks will be raked clean after reading. These survey methods will enable us to document the weekly number of animals moving through the project area. Frequency histograms geo-referenced to a 100 meter roadway segment along the project area will be mapped into the following categories for all roadkill and tracks identified: Amphibians, Lizards, Snakes, Small Mammals (i.e., < 450 grams), Large Mammals (e.g., Mule Deer, Javelina, Mountain Lions), and Birds. We will ground truth all high frequency concentration areas in order to identify the best location for underpass/fencing structures needed to pass those wildlife species identified. We will take into account all current and planned roadway drainage structures when selecting opportune locations for any wildlife underpass structures. After all roadway construction and wildlife mitigation structures are installed, we anticipate submitting a proposal to re-evaluate the roadway mortality within the Project Area. In addition to repeating the above mortality surveys and track counts post 3 construction, this monitoring would involve the placement of remote digital motion sensed cameras and/or track plates along wildlife passage structures in order to evaluate their effectiveness. The extent of this post-construction monitoring research will be determined by the number of wildlife linkage structures incorporated into the final design and construction of this roadway project. 6. FINAL DELIVERABLES A final report will be prepared that addresses each. of the objectives listed above. Design recommendations will be provided on the type and placement of wildlife mitigation structures needed within the project area. Recommendations will take into account current land use and development plans on adjacent lands bordering the roadway. The Arizona Game and Fish Department will work closely with both the Town of Oro Valley and Marana to provide any needed consultation on wildlife roadway enhancements (e.g., wildlife crossing structures, fencing design, etc.) recommended from the data collected and analyzed during the course of this project. 7. TIME TABLE Timer ', Activity ~; Late Winter ~ Reconnaissance of survey areas (i.e., mark '~ project area boundaries, clear all road killed wildlife from project area). Spring, Summer, and Fall ~ Perform wildlife mortality and track count ', ~ surveys twice per week; determine wildlife use along proposed road extension; analyze data ', _ _ _ ~ and prepare draft maps and report ~- ~~ January 2010 Submit draft report ---- ------------a--- -- March 2010 ~ Submit final report Subject to RTA approval process timeline 8. BUDGET SUMMARY Task ~ Cost Project Coordination /Management ~ $ 8,125 ~ ~' Site Visits /Data collection and entry I 55,969 '~ Data analysis and report writing (drafts and. final) j 10,544 TOTAL RTA FUNDING REQUEST ~I $ 74,638 4 9. PRINCIPAL INVESTIGATORS/ORGANIZATIONAL EXPERIENCE Phillip Trenary, Operations Division Manager, Town of Oro Valley Jennifer Christelman, Environmental Engineering Division Manager, Town of Marana Michael F. Ingraldi, Ph.D., Arizona Game and Fish Department, Research Branch (23 years of experience in wildlife survey design and implementation) Shawn Lowery, Arizona Game and Fish Department, Research Branch (12 years of experience in wildlife surveys and monitoring throughout Arizona's deserts) David Grandmaison, M.S., Arizona Game and Fish Department, Research Branch (4 years of experience in wildlife connectivity research throughout Arizona) 10. LIST OF COOPERATORS The project is located in Pima County and the Pima County Department of Transportation has been involved with the initial formulation and discussion of this project. The Arizona Game and Fish Department and the U.S. Fish and Wildlife Service have been apprised of the project and have been involved with the formulation of project's study design. We will keep all interested and affected jurisdictions, agencies and parties well informed as this research and roadway project progresses. Pima County Department of Transportation 201 N. Stone Ave., 3rd Floor Tucson, AZ 85701-1207 Arizona Game and Fish Department, Research Branch 5,000 West Carefree Highway Phoenix, AZ 85086 U.S. Fish and Wildlife Service 201 N. Bonita Ave. Tucson, AZ 85745-2999 Town of Marana 11555 W. Civic Center Drive Marana, AZ 85653 Town of Oro Valley 11000 N. La Canada Dr. Oro Valley, AZ 85737 11. REFERENCES Ashley, E.P., Robinson, J.T., 1996. Road mortality of amphibians, reptiles and other wildlife on the Long Point Causeway, Lake Erie, Ontario. Canadian Field- Naturalist 110, 40412. 5 Beier, P.E., E. Garding, and D. Majka. 2006. Arizona missing linkages:Tucson - Tortolita -Santa Catalina Mountains linkage design. Report to AZ Game and Fish Department. School of Forestry, Northern Arizona University. Clevenger, A., P. Chruszez, and K. Gunson. 2001. Drainage culverts as habitat linkages and factors affecting passage by mammals. Journal of Applied Ecology 38:1340- 1349. Fahrig, L., Pedlar, J.H., Pope, S.E., Taylor, P.D., Wegner, J.F., 1995. Effect of road traffic on amphibian density. Biological Conservation74, 177-182. Forman, R.T.T., Alexander, L.E., 1998. Roads and their major ecological effects. Annual Review of Ecology and Systematics 29, 207-231. Jackson, S. D. 2000. Overview of transportation impacts on wildlife movement and populations. Pages 7-20 in T. A. Messmer and B. West, editors. Wildlife and .Highways: seeking solutions to an ecological and socio-economic dilemma. The Wildlife Society, Bethesda, MD. Jones, M.E., 2000. Road upgrade, road mortality and remedial measures: impacts on a population of eastern quolls and Tasmanian devils. Wildlife Research 27, 289- 296. Lowery, S. and Blackman, 5.2006. Evaluation of wildlife crossings along the proposed expansion and realignment of Camino de Manana Lowery, S. and Blackman, S. 2007. Twin Peaks Road wildlife linkages research project Rattlesnake Pass, Marana, Arizona Mader, H.-J. 1984. Animal habitat isolation by roads and agricultural fields. Biology of Conservation 29:81-96. McKinney, T., and T. Smith. 2006. Distribution and trans-highway crossings of desert bighorn .sheep in northwestern Arizona. Final Report to the Arizona Department of Transportation and the Federal Highway Administration, Arizona. Game and Fish Department, Phoenix. McDonald, W., and C. C. St. Clair. 2004. Elements that promote highway crossing structure use by small mammals in Banff National Park. Journal of Applied Ecology 41:82-93. Palis, J.G., 1994. Rana urricularia (southern leopard frog) road mortality. Herpetological Review 25, 119. 6 Rosen, P.C., Lowe, C.H., 1994. Highway mortality of snakes in the Sonoran desert of southern Arizona. Biological Conservation 68, 143-148. Tigas, L. A., Van Vuren, D. H. and Sauvajot, R. M. 2002. Behavioral responses of bobcats and coyotes to habitat fragmentation and corridors in an urban environment. Biological Conservation 108: 299-306. 7 TOPO! map printed on 11/19/08 from "ARIZONA.TPO" and "Untitled.tpg" 111°09.000' W 111°07.000' W 111°05.000' W 111°03,000' W 111°01,000' W WG584110°59.000' W a s~ ~ Y o "". o ~ N ~ ~ 1~ ~~~ y )~- '; ~ = .., o ` ~, ~ Z o ~ ~ .~+ -~ ~ i $ o - .t o 1 ~~:; ~~ N ~- - ~ ~ - « 4 7 N ~_ N I ~)ngerme Road ' ` ~ 11I ~ ' N m ~ m ' / I -., ___ __. % ~-t ) 3 ~ ~ ~ - ~~ Z -- . _ _ .z z ! ._ o i -+ I ~ ; o o t i.. I` O L t / ~~ ~ ~ ~' _T T ,r l _~ ~ _ }-_ .~ t . ~ 1 - ~~ ~ ~ ~ ~ ~.~ ... _. ~~_ ,. F zf ~ _ - ~ ,. -,~ ~. Z a ,b, ~ , ~ - - -, .~: ~ "- y _ -. _ ' .. 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Project area along Tangerine Road between La Canada Drive and Interstate 10 (approximately 9.5-miles of roadway) and La Cholla Boulevard between Tangerine and Overton Roads (3.5-miles of roadway). 8 toaN a~ i .. r ~~.M A'7 gRtZQt'~A ~tGURE 4.6 HGP Conseirvation Zones [~ Zane 1 Zane 2 Zane 3 Zone 4 Marana Nti#igation Lands Prapased Garridors .,>..•.n.,., Existing Corridors Existing Development _-, Marana7own Limitst . - HGP Planning Area County Line ,~ z~: iaaHxnro io+a+na~ am«v, sx.cmwrw~rs d6te. f?icelW. anzar Ktie U'iWe'_Emiravxnig'HC~gL9.6Ca'wMatioo ZONSUN ttatl 944DB i dMgrare N !Y-7p`E FF ,,YYS~~LL 0 0.5 t 2 3 ~ Mies Figure 2. Conceptualized wildlife corridors identified within the Tortolita Mountain / Tucson Mountain linkage area. 9 Tucson-Santa Catalina-Tortolita Mountain _-, Wildlife Linkage Design =~ (ADOT-sponsored Arizona I Wildlife Linkages Assessment) ~ ~- ~~~ rd.. _ Figure 3. Beier's Wildlife linkage assessment map for Tortolita and Catalina Mountains. 10 RESOLUTION NO. (R) 09- 55 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING AND APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF ORO VALLEY AND THE TOWN OF MARANA FOR THE PURPOSE OF CONTRACTING WITH THE ARIZONA GAME AND FISH DEPARTMENT TO COMPLETE A RTA WILDLIFE LINKAGE CROSSING STUDY FOR TANGERINE ROAD BETWEEN INTERSTATE 10 AND LA CANADA DRIVE, AND LA CHOLLA BOULEVARD FROM TANGERINE ROAD TO OVERTON ROAD WHEREAS, the Town of Oro Valley is a political subdivision of the State of Arizona vested with all associated rights, privileges and benefits and is entitled to the immunities and exemptions granted municipalities and political subdivisions under the Constitution and laws of the State of Arizona and the United States; and WHEREAS, pursuant to A.R.S. § 11-952, the Town of Oro Valley and the Town of Marana are authorized to enter into Intergovernmental Agreements for joint and cooperative action; and WHEREAS, the Town of Oro Valley and the Town of Marana desire to enter into an Intergovernmental Agreement to obtain a RTA Wildlife Linkage Crossing Study regarding the construction of roadway improvements on Tangerine Road from Interstate I-10 to La Canada Drive, and La Cholla Boulevard from Tangerine Road to Overton road; and WHEREAS, funding for the Wildlife Linkage Crossing Study shall be provided by Regional Transportation Authority funds; and WHEREAS, it is in the best interest of the Town of Oro Valley to enter into the Intergovernmental Agreement, attached hereto as Exhibit "A", with the Town of Marana to obtain a Wildlife Linkage Crossing Study to enable completion of the design concept report for roadway construction improvements that are currently planned for the specified roadways and will provide recommendations for wildlife crossings to guide future roadway design and roadway improvements. THEREFORE, BE IT RESOLVED, by the Mayor and Town Council of the Town of Oro Valley, Arizona that: 1. The Intergovernmental Agreement, attached hereto as Exhibit "A" and incorporated herein by this reference, by and between the Town of Oro Valley and the Town of Marana to obtain a Wildlife Linkage Crossing Study to enable completion of the \\Legal\sharefiles\Puhlic Works\iGA's\Marana and TOV RTA Wildlife Linkage zing\Resolution for Wildlife Linkage.doc Town of Oro Valley Atty's Office/sb/072909 design concept report for roadway construction improvements that are currently planned for the specified roadways and will provide recommendations for wildlife crossings to guide future roadway design and roadway improvements is hereby approved. 2. The Mayor and any other administrative officials are hereby authorized to take such steps necessary to execute and implement the terms of the Intergovernmental Agreement. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this day of August , 2009. TOWN OF ORO VALLEY ATTEST: ~' ~~ K yn E. Cuvelier, Town Clerk ~ -.~ ~-gig Date Paul H. Loomis, Mayor APPROVED AS TO FORM: Tobin Rosen, Town Attorne Date EXHIBIT "A" F. ANN RODRIGUEZ, RECORDER RJdCORDED BY: JCC DEPUTY RECORDER 0305 PE6-4351 SOROV TOWN OF ORO VALLEY 11000 N LA CANADA ORO VALLEY AZ 85737 ~~yoF ~I~ n W ~ ~~d z ~~\ 1 ~ ~~ ~RIZO~p` DOCKET: 13679 PAGE: 2304 N0. OF PAGES: 20 SEQUENCE: 20092140624 RES ~`'~ ~~~~`"'~/A~~8~b MAIL AMOUNT PAID $ .15.50 RESOLUTION NO. (R) 09- 55 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING AND APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF ORO VALLEY AND THE TOWN OF MARANA FOR THE PURPOSE OF CONTRACTING WITH THE ARIZONA GAME AND FISH DEPARTMENT TO COMPLETE A RTA WILDLIFE LINKAGE CROSSING STUDY FOR TANGERINE ROAD BETWEEN INTERSTATE 10 AND LA CANADA DRIVE, AND LA CHOLLA BOULEVARD FROM TANGERINE ROAD TO OVERTON ROAD WHEREAS, the Town of Oro Valley is a political subdivision of the State of Arizona vested with all associated rights, privileges and benefits and is entitled to the immunities and exemptions granted municipalities and political subdivisions under the Constitution and laws of the State of Arizona and the United States; and WHEREAS, pursuant to A.R.S. § 11-952, the Town of Oro Valley and the Town of Marana are authorized to enter into Intergovernmental Agreements for joint and cooperative action; and WHEREAS, the Town of Oro Valley and the Town of Marana desire to enter into an Intergovernmental Agreement to obtain a RTA Wildlife Linkage Crossing Study regarding the construction of roadway improvements on Tangerine Road from Interstate I-10 to La Canada Drive, and La Cholla Boulevard from Tangerine Road to Overton road; and WHEREAS, funding for the Wildlife Linkage Crossing Study shall be provided by Regional Transportation Authority funds; and WHEREAS, it is in the best interest of the Town of Oro Valley to enter into the Intergovernmental Agreement, attached hereto as Exhibit "A", with the Town of Marana to obtain a Wildlife Linkage Crossing Study to enable completion of the design concept report for roadway construction improvements that are currently planned for the specified roadways and will provide recommendations for wildlife crossings to guide fixture roadway design and roadway i>provements. THEREFORE, BE IT RESOLVED, by the Mayor and Town Council of the Town of Oro Valley, Arizona that: i . The intergovernmental Agreement, attached hereto as Exhibit "A" and incorporated herein by this reference, by and between the Town of Oro Valley and the Town of Marana to obtain a Wildlife Linkage Crossing Study to enable completion of the ULegal\sharefiles\Public Works\IGA's\Marana and TOV RTA Wildlife Linkage xing\Resolution for Wildlife Linkage.doc Town of Oro Valley Atty's Office/sb/072909 design concept report for roadway construction improvements that are currently planned. for the specified roadways and will provide recommendations for wildlife crossings to guide future roadway design and roadway improvements is hereby approved. 2. .The Mayor and any other administrative officials are hereby authorized to take such steps necessary to execute and implement the terms of the Intergovernmental Agreement. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this day of August , 2009. TOWN OF ORO VALLEY ATTEST: ~. ,r K yn E. Cuvelier, Town Clerk ~-~~-~9 Date --, Paul H. Loomis, Mayor APPROVED AS TO FORM: ~i. -_ ~~- Tobin Rosen, Town Attorne Date EXHIBIT "A" ~, ,a Intergovernmental Agreement between the Town of Marana and the Town of Oro Valley RTA Wildlife Linkage Crossing Study for. Tangerine Road between Interstate 10 and La Canada Drive and La Cholla Boulevard from Tangerine Road to Overton Road This Intergovernmental Agreement ("IGA") is entered into by and between the Town of Marana, an Arizona municipal corporation, hereinafter referred to as "Marana" and the Town of Oro Valley, an Arizona municipal corporation, hereinafter referred to as "Oro Valley", both of which are collectively referred to as the "Parties". RECITALS WHEREAS, Marana and Oro Valley may contract for services and enter into agreements with one another for joint or cooperative action pursuant to A.R.S. § 11-952; and WHEREAS, Marana and Oro Valley are empowered by A.R.S. § 9-240, et seq., to enter into this Agreement, and have by resolution, copies of which are attached hereto and made a part hereof, resolved to enter into this Agreement and have authorized the undersigned to execute this Agreement on behalf of Marana and Oro Valley, respectively; and WHEREAS, the Parties wish to enter into this Agreement for the purpose of contracting with Arizona Game and Fish Department, (AGFD) to complete a RTA Wildlife Linkage Crossing Study for Tangerine Road from Interstate 10 (I-10) to La Canada Drive, and La Cholla Boulevard from Tangerine Road to Overton Road. Project will be completed per the attached project scope Exhibit "A"; and WHEREAS, funding for the Wildlife Linkage Crossing Study shall be provided by the Regional Transportation Authority (RTA) as specified in Exhibit "A"; and WHEREAS, the Town of Oro Valley will take the lead management role with the RTA relating to the Wildlife Linkage Crossing Study; and WHEREAS, the information to be provided by this study is necessary to complete the design concept report for roadway construction improvements that are currently planned for these roadways, and will provide recommendations for wildlife crossings to guide future roadway design and roadway improvements. NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth, the Parties agree as follows: \\Legal\sharefiles\Public Works\IGA's\Marana and TOV RTA Wildlife Linkage xing\IGA Town of Marana-TOV Wildlife Linkage Crossing Study 6-12-09.doc AGREEMENT I. Purpose. The purpose of this Agreement is to set forth the responsibilities of the Parties regarding the joint and cooperative effort between Marana and Oro Valley to produce a Wildlife Linkage Crossing Study for Tangerine Road from Interstate 10 (I-10) to La Canada Drive, and for La Cholla Boulevard from Tangerine Road to Overton Road. II. Scope of Work. This Agreement is applicable only to the tasks contained herein and shall not be extended to any other work except as listed in Exhibit "A". AGFD shall do everything necessary to produce the Wildlife Linkage Crossing Study specifically described in the attached Exhibit "A". III. Selection of Consultant. The work that is to be performed under this Agreement shall be completed by AGFD, hereinafter referred to as "Consultant," who has been selected and approved by the RTA Wildlife Committee for the agreed amount of $74,638.00. IV. Responsibilities of the Parties, L. Oro Valley shall: A. Take the lead management role. B. Be the lead agency for management of the Consultant. C. Be the lead agency for funding the Wildlife Linkage Crossing Study through a separate agreement between Marana, Oro Valley and the RTA. D. Provide input and direction as to how the Wildlife Linkage Crossing Study progresses, how it is performed within the scope of the project boundaries - Exhibit "A", and review of submittals and final report of the Wildlife Linkage Crossing Study. 2. Marana shall: A. As an associate participant, provide input and direction as to how the Project relates to the Wildlife Linkage Crossing Study progress. B. Review all submittals from the Consultant and comment before final submittal and acceptance is completed. V. Termination. Any Party to the Agreement may terminate this Agreement for any reason by providing thirty (30) days written notice of such termination to the other Parties. Any such termination shall not relieve any Party from liabilities or costs already incurred under this Agreement. VI. Non-assignment. The Parties to this Agreement shall not assign its rights under this Agreement to any other Party. VII. Amendment(s). This Agreement may be, altered, amended, changed or modified by a duly executed instrument signed by all Parties. VIII. Construction and Interpretation. All provisions of this Agreement shall be construed to be consistent with the intention of the Parties as expressed in the recitals hereof. IX. Severability. In the event that any provision of this Agreement or the application thereof is declared invalid or void by statute or judicial decision, such action shall have no effect on other provisions and their application, which can be given effect without the invalid. or void provision or application, and to this extent the provisions of the Agreement are severable. In the event that any provision of this Agreement is declared invalid or void, the Parties agree to meet promptly upon request of the other. Party in an attempt to reach an agreement on a substitute provision. X. Conflict of Interest. This Agreement is subject to the provisions of A.R.S. § 38- 511, which provides for cancellation by a public .body in certain instances involving conflicts of interest. XI. Ownership of Improvements. Ownership and title to all materials submitted and performed as part of this Wildlife Linkage Crossing Study pursuant to this Agreement shall automatically vest equally in the Parties upon completion of the Project. XII. Legal Jurisdiction. Nothing in this Agreement shall be construed as either limiting or extending the legal jurisdiction of Marana or Oro Valley. XIII. No Joint Venture. It is not intended by this Agreement to, and nothing contained in this Agreement shall be construed to, create any partnership, joint venture or employment relationship between the Parties or create any employer-employee relationship between Marana or Oro Valley employees. The Parties shall not 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. XIV. No Third Party Beneficiaries. Nothing in .the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or effect the legal liability of the Parties to the Agreement by imposing any standard of care different from the standard of care imposed by law. XV. Compliance with Laws. The Parties shall comply with all applicable federal, state and local laws, rules, regulations, standards and executive orders, without limitation to those designated within this Agreement. ~` ~w w,~ A. Anti-Discrimination. The provisions of A.R.S. § 41-1463 and Executive Order Number 99-4 issued by the Governor of the State of Arizona are incorporated by this reference as a part of this Agreement. B. Americans with Disabilities Act. This Agreement is subject to all applicable provisions of the Americans with Disabilities Act (Public Law 101-336;42 U.S.C. 12101-12213) and all- applicable federal regulations under the Act, including 28 CFR Parts 35 and 36. XVI. Waiver. Waiver by any Party of any breach of any term, covenant or condition herein contained shall not be deemed a waiver of any other term, covenant or condition, or any subsequent breach of the same or any other term, covenant, or condition herein contained. XVII. 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: MARANA Jennifer Christelman Manager, Environmental Engineering Division Town of Marana 11555 W. Civic Center Drive Marana, AZ 85653 Phone: (520) 382-2600 Fax: (520) 382-2640 TTY (Teletype): (520) 382-3499 Barbara Johnson General Manager, Public Services Town of Marana 11555 W. Civic Center Drive Marana, Arizona 85653 Cc: Frank Cassidy Town Attorney Town of Marana 11555 W. Civic Center Drive Marana, Arizona 85653 TOWN OF ORO VALLEY Phil Trenary, CFM Operations Division Manager Town of Oro Valley 11000 N. La Canada Drive Oro Valley, Arizona 85737 Craig Civalier, P.E. Town Engineer Town of Oro Valley 11000 N. La Canada Drive Oro Valley, Arizona 85737 Cc: Tobin Rosen Town Attorney Town of Oro Valley 11000 N. La Canada Drive Oro Valley, Arizona 85737 XIX. Remedies. Any Party to this Agreement may pursue any remedies provided by law for the breach of this Agreement. No right or remedy is intended to be exclusive of any other right or remedy and each shall be cumulative and in addition to any other right or remedy existing at law or in equity or by virtue of this Agreement. XX. Entire Agreement. This instrument constitutes the entire Agreement between the Parties pertaining to the subject matter hereof, and all prior or contemporaneous agreements and understandings; oral or written, are hereby superseded and merged herein. IN WITNESS WHEREOF, the Town of Marana and Town of Oro Valley have caused this Agreement to be executed by the Mayor and Council of the Town of Marana and the Town of Oro Valley, upon resolution of the their respective Mayor and Council and attested to by the Clerk of the Town of Marana and Clerk of the Town of Oro Valley.. TOWN OF MARANA ~~i ."~,.. Ed Ho ea, Mayor ATTEST: ® a°° ~, a~ s ` gav ®~~"~ ~~ X16®` ~®®® TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: ~~Li~d~c.e.~ Ka yn E. Cuvelier, Town Clerk Date: ~ - `~~ ~ INTERGOVERNMENTAL DETERMINATION Pursuant to A.R.S. § 11-952, the attorney for the Town of Marana and the Town of Oro Valley,. hereto have determined, for their respective clients, that the foregoing Agreement is in proper form, and is within the powers and authority granted under the laws of this State. MARANA ~~F Cassidy, Town Attorney Date: ~~~~ ~ TOWN OF ORO VALLEY _ _. R ~+~ Tobin Rosen, Town Attorn "~~ ,~ _ Date: ` ~`` ~ , Exhibit `A' Wildlife Linkages Project RTA Wildlife Linkages Project Funding Proposal 1. NAME/ORGANIZATION Town of Oro Valley and Town of Marana 2. PROJECT TITLE Tangerine Road (Junction of La Canada Drive west to Interstate 10) and La Cholla Boulevard (Junction of Tangerine Road south to Overton Road) Wildlife Linkages 3. INTRODUCTION Proposal purpose The purpose of this proposal is to request RTA Wildlife Linkages funding to determine placement and type of wildlife linkages in the area of Tangerine Road (between La Canada Drive and Interstate 10) and in the area of La Cholla Boulevard (between Tangerine and Overton Roads; Figure 1). This information is needed in order to complete the design concept report for roadway construction improvements that are currently planned for these roadways. In addition, these roadways have been identified by Oro Valley and Marana as bisecting one of the highest priority wildlife connectivity linkages within their respective townships. Specifically, this project will collect wildlife species location data from wildlife-vehicle .collisions and tracks in order to identify potential sites and types of crossing structures for wildlife crossing mitigation. Project background The Town of Oro Valley and Marana are currently working on plans to develop the two lane Tangerine Road from La Canada Drive to Interstate 10 into a four lane divided highway. This project being planned is due to the high volume of traffic projected to use the roadway from new housing .developments being constructed along the project area. In addition, plans to expand La Cholla Boulevard into a four lane roadway are underway because of the high commuter traffic volume along the roadway. There are concerns regarding motorist safety due to wildlife (e.g., Mule deer and Javelina) vehicular collisions attributable to the potential increase in vehicle volume and speed that may lama occur with these roadway improvements. However, information on the specific locations where wildlife species currently cross these roadways are lacking. A completion of ,z identifying wildlife linkages along the project length is time-sensitive; recommendations ~! need to be included before design progresses too far. Wildlife linkages background The. project area outlined above. has long been recognized as a critical link between the Tortolita Mountains and Santa Cruz River. In addition, the roadway bisects the Sonoran Desert Scrub that exists in northwest Tucson from that in Marana-and Oro Valley. The Sonoran Desert Conservation Plan identified the Marana/Oro Valley corridor as one of 1 six regional areas important for wildlife connectivity. The Town of Marana's Draft Habitat Conservation Plan has also identified. wildlife corridors across Tangerine Road. These corridors are the recommendations of the Technical Biology Team (TBT; Figure 2). The TBT has identified the corridors as critical connections "across Tangerine; however, the types of structures and exact locations were not identified by this group. Therefore, incorporating appropriate wildlife linkage structures into the Tangerine Roadway project is critical for the maintenance of wildlife connectivity through this area. The wildlife crossing survey project will provide critical data to ensure that the crossing structures are properly designed and located in areas where they will be effective. Dr. Paul Beier, Northern Arizona University, has also identified wildlife crossings across Tangerine Road (which is a portion of this request for study) as important for wildlife linkages. Beier's work included different species than the Town was addressing for the Habitat Conservation Plan and the corridors were very consistent with one another. Please see Figure 3. The widening of Tangerine Road will need to include wildlife crossings along these identified corridors, but it will also determine other locations that the wildlife may be using that will need fencing to another crossing. The land use in this area will be looked at to determine these crossing areas and structures. The Town of Marana completed a wildlife linkage study along Camino de Manana. This study then drove the design of the Camino de Manana widening project. The study was the justification for the addition of three additional pipe culverts for the crossing of small mammals and reptiles and the expansion of a conspan to accommodate the crossing of large mammals including mule deer. The Town of Marana has also received RTA funding for a wildlife linkage study for Twin Peaks Road over Rattlesnake Pass that will drive the future design for widening of this roadway. Ramifications of no action If funding is not approved for this project, Town engineers will be unable to provide recommendations to the design team for the incorporation of wildlife linkage structures into the design of this roadway project. This will lead to increased wildlife mortality and fragmentation of wildlife habitat in this area. Continual fragmentation of habitat leads to wildlife population declines and localized extinctions. 4. OBJECTIVES The objectives of this project are to: ~., a. Identify the wildlife species within the identified project area; b. Identify wildlife crossing locations along the project length; and c. Establish wildlife linkage recommendations along the project length (such as ail recommendations on wildlife crossing structures, fences, plantings, median design, and speed limits). ;~.o 5. APPROACH We will survey the approximately 9.5-mile section of the currently paved roadway of Tangerine Road (i.e., from the intersection of La Canada Drive and Interstate 10) and the 3.5-mile section of roadway on La Cholla Boulevard (i.e., from the intersection of Tangerine and Overton Roads). We will employ three different survey methods in order 2 to identify wildlife crossing areas: walking roadkill surveys, driving roadkill surveys, and track counts. Walking Roadkill Surveys - We will examine three miles of roadway every survey day (twice per week) from April through September for wildlife mortalities (see Timeline below). This will enable us to cover each 1-mile roadway segment for 12 occasions throughout the life of the project. The survey will begin 1/2 hour before sunrise in order to minimize the loss of wildlife mortalities due to scavenging. We will walk the paved road segment noting all road-killed wildlife by species and location (with the aid of GPS unit). The complete road right-of--way will be surveyed (i.e., the area between the two road boundary fences). All individual mortalities will be removed from the roadway once they are tallied. We will locate and map all current underpass structures within the Project Area, noting their type (e.g., 24" pipe culvert, 2'x4' cement lined box culvert, etc.) and size (length, width). Further examination of these road killed wildlife .locations with respect to culvert type and size, and surrounding habitat will be described. Driving Roadkill Surveys -After completing the early morning walking roadkill surveys the remaining 10 miles of roadway not walked that day will be surveyed with the use of two All Terrain Vehicles traveling less than 5 miles/hour along the shoulders of the roadway. Therefore, during a one week period driving surveys will be completed on two occasions (Monday and Thursday). All individual mortalities will be removed from the roadway once they are tallied. Track Count Surveys - We will employ wildlife track surveys to assess the movements of larger animals (i.e., animals prone to roadway mortality at a lower rate due to their lower numbers) across the Project Area. We will grade and read tracks on both sides of Tangerine and La Cholla roads every Monday and Thursday (post-walking roadkill surveys) where suitable conditions occur (e.g. not on rock outcroppings, on slopes > 30%, etc.). On either side of the roadway we will grade a 2 m swath of ground twice a week (i.e., after the tracks are read for that day). We will inspect the graded area on either side of the road for animals entering and leaving the roadway. All tracks will be raked clean after reading. These survey methods will enable us to document the weekly number of animals moving through the project area. Frequency histograms geo-referenced to a 100 meter roadway segment along the project area will be mapped into the following categories for all roadkill and tracks identified: ~° wa> Amphibians, Lizards, Snakes, Small Mammals (i.e., < 450 grams), Large Mammals (e.g., Mule Deer, Javelina, Mountain Lions), and Birds. We will ground -truth all high ~1 frequency concentration areas in order to identify the best location for underpass/fencing structures needed to pass those wildlife species identified. We will take into account all current and planned roadway drainage structures when selecting opportune locations for any wildlife underpass structures. After all roadway construction and wildlife mitigation structures are installed, we anticipate submitting a proposal to re-evaluate the roadway mortality within the Project Area. In addition to repeating the above mortality surveys and track counts post 3 construction, this monitoring would involve the placement of remote digital motion sensed cameras and/or track plates along wildlife passage structures in order to evaluate their effectiveness. The extent of this post-construction monitoring research will be determined by the number of wildlife linkage structures incorporated into the final design and construction of this roadway project. 6. FINAL DELIVERABLES A final report will be prepared that addresses each of the objectives listed above. Design recommendations will be provided on the type and placement of wildlife mitigation structures needed within the project area. Recommendations will take into account current land use and development plans on adjacent lands bordering the roadway. The Arizona Game and Fish Department will work closely with both the Town of Oro Valley and Marana to provide any needed consultation on wildlife roadway enhancements (e.g., wildlife crossing structures, fencing design, etc.) recommended from the data collected and analyzed during the course of this project. 7. TIME TABLE j Timel Activity Late Winter '~ Reconnaissance of survey areas (i.e., mark !project area boundaries, clear all road killed wildlife from project area). ---- ----- ---------J----- - Spring, Summer, and Fall ~ Perform wildlife mortality and track count j surveys twice per week; determine wildlife use j along proposed road extension; analyze data __~_ and prepare draft maps and report '~ January 2010 ~ Submit draft report March 2010 ~ Submit final report ` Subject to RTA approval process timeline 8. BUDGET SUMMARY 'i Task Cost Project Coordination /Management ~ $ 8,125 `' Site Visits /Data collection and entry ~ 55,969 '~ Data analysis and report writing (drafts and final) i 10,544 TOTAL RTA FUNDING REQUEST ~ $ 74,638 ,l 4 9. PRINCIPAL INVESTIGATORS/ORGANIZATIONAL EXPERIENCE Phillip Trenary, Operations Division Manager, Town of Oro Valley Jennifer Christelman, Environmental Engineering Division Manager, Town of Marana Michael F. Ingraldi, Ph.D., Arizona Game and Fish Department, Research Branch (23 years of experience in wildlife survey design and implementation) Shawn Lowery, Arizona -Game and Fish Department, Research Branch (12 years of experience in wildlife surveys and monitoring throughout Arizona's deserts) David Grandmaison, M.S., Arizona Game and Fish Department, Research Branch (4 years of experience in wildlife connectivity research throughout Arizona) 10. LIST OF COOPERATORS The project is located in Pima County and the Pima County Department of Transportation has been involved with the initial formulation and discussion of this project. The Arizona Game and Fish Department and the U.S. Fish and Wildlife Service have been apprised of the project and have been involved with the formulation of project's study design. We will keep all interested and affected jurisdictions, agencies and parties well informed as this research and roadway project progresses. Pima County Department of Transportation 201 N. Stone Ave., 3rd Floor Tucson, AZ 85.701-1207 Arizona Game and Fish Department, Research Branch 5000 West Carefree Highway Phoenix, AZ 85086 U.S. Fish and Wildlife Service 201 N. Bonita Ave. Tucson, AZ 85745-2999 Town of Marana 11555 W.-Civic Center Drive Marana, AZ 85653 Town of Oro Valley 11000 N. La Canada Dr. Oro Valley, AZ 85737 ll. REFERENCES Ashley, E.P., Robinson, J.T., 1996. Road mortality of amphibians, reptiles and other wildlife on the Long Point Causeway, Lake Erie, Ontario. Canadian Field- Naturalist 110, 404-412. ~,' 5 Beier, P.E., E. Garding, and D. Majka. 2006. Arizona missing linkages:Tucson - Tortolita -Santa Catalina Mountains linkage design. Report to AZ Game and Fish Department. School of Forestry, Northern Arizona University. Clevenger, A., P. Chruszez, and K. Gunson. 2001. Drainage culverts as habitat linkages and factors affecting passage by mammals. Journal of Applied Ecology 38:1340- 1349. Fahrig, L., Pedlar, J.H., Pope, S.E., Taylor, P.D., Wegner, J.F., 1995. Effect of road traffic on amphibian density. Biological Conservation74, 177-182. Forman, R.T.T., Alexander, L.E., 1998. Roads and their major ecological effects. Annual Review of Ecology and Systematics 29, 207-231. Jackson, S. D. 2000. Overview of transportation impacts on wildlife movement and populations. Pages 7-20 in T. A. Messmer and B. West, editors. Wildlife and Highways: seeking solutions. to an ecological and socio-economic dilemma. The Wildlife Society, Bethesda, MD. Jones, M.E., 2000. Road .upgrade, road mortality and remedial measures: impacts on a population of eastern quolls and Tasmanian devils. Wildlife Research 27, 289- 296. Lowery, S. and Blackman, S. 2006. Evaluation of wildlife crossings along the proposed expansion and realignment of Camino de Manana Lowery, S. and Blackman, S. 2007.. Twin Peaks Road wildlife linkages research project Rattlesnake Pass, Marana, Arizona Mader, H.-J. 1984. Animal habitat isolation by roads and agricultural fields. Biology of Conservation 29:81-96. McKinney, T., and T. Smith. 2006. Distribution and trans-highway crossings of desert bighorn .sheep in northwestern Arizona. Final Report to the Arizona Department of Transportation and the Federal Highway Administration, Arizona Game and ~~k Fish Department, Phoenix. McDonald, W., and C. C. St. Clair. 2004. Elements that promote. highway crossing structure use by small mammals in Banff National Park. Journal of Applied ~~ Ecology 41:82-93. Palis, J.G., 1994. Rana urricularia (southern leopard frog) road mortality. Herpetological Review 25, 119. 6 Rosen, P.C., Lowe, C.H., 1994. Highway mortality of snakes in the Sonoran desert of southern Arizona. Biological Conservation 68, 143-148. Tigas, L. A., Van Vuren, D. H. and Sauvajot, R. M. 2002. Behavioral responses of bobcats and coyotes to habitat fragmentation and corridors in an urban environment. Biological Conservation 108: 299-306. 7 TOPO! map printed on 11/19/08 from "AR¢OPL4.TP0" and "Untitled.tpg" 111°09.000' W 111°07.000' W 111°05.000' W 111°03.000' W 11]°01.000' W WG584110°59.000' W - - -- ~~+1;~ . "~ IIII~FFF ~~ 3 ~ r -_ ~ 'Wi't' i ~ ;.. -'`g .~ ` tia4i N y~ ~ ~ O _ G f_ M 1 ¢ VAC.! GA' 6 T Y,e .' '. M t ,, _ z tom, j m I ° Tangerme Road _ ; ~.. ~ ~~_~ ' M ~, ~ ~---- ~ v . ,-. _, _ i --~ I i o ~, ~ ~ j i{,~ ~~ O o o ° _~ ,.` o M I _/ !~ i I '~. m y I r ~ ---- _~. ~,L,,~ ~ ! ~ ~ _ ~~ , ~ ~ - 1 - - ~. ~~~, ~~ ~ ~~~ ~' ~`~ , I ,a Cholla Blvd. ; ~ kr o o - ~ _ _. j 1 _ ~ o M ~ ~ Fr ,~ ~" -- - ~ ~ ~ ~~ f ~~(- ~ ,Ora ~nlley M ~ ~} < ~ ~ ~ r` ~ ~ ~ - _ {. ~ t~ "~ 1- ~-~ ~1 ~~. ~ rr~ -a Lr ~: 111°09.000' W 111°07.000' W 111°05.000' W 111°03.000' W 111°01.000' W WGS84 110°59.000' W TN'~'JMN 0.0 0'S lA 1.5 20 2.5 30 33 mites 1 ~ ~ 4 "' ' ]i'/a° 'r r +r 1i4 i4i4114 ~l ihli4l ~l+~til ~ t 0 1 2 3 4 5 km ~ P ~ tad fmm TOPO! 02001 National GeogmpLic H°Idin~ (wunv.lopo mm) Figure 1. Project area along Tangerine Road between La Canada Drive and Interstate 10 (approximately 9.5-miles of roadway) and La Cholla Boulevard between Tangerine and Overton Roads (3.5-miles of roadway). 8 t WN aF f 7 :+ '. 7 ~R jgF;P FIGURE 4.6 HCP Conservation Zones [~ Zone 7 [~ Zone 2 Zone 3 Zane 4 Marana Mitigation Lands . Proposed Corridors .,,•......•.. Existing Corridors Existing C-evetapment _- I Marana Town Limitst HCP Pianning Area County Line ~,,~~~: ~~~ 1Mslet#AlVlmperykan An¢nm4de CbloyropMl'x OKCe. PAard. Aeiza.e FW' U'{Wti_EnwrwnwnbiWCB'F6L9.6Cawnctiwi 2onBS iffii.rtoW D 4gBT ad MmHnB ~~-(iNAA(iTT-- 1R+E S 0 0.5 i 2 3 4 Miles Figure 2. Conceptualized wildlife corridors identified within the Tortolita Mountain. / Tucson Mountain linkage area. ~~~. ~i ~w~ ,~~. ~~. 9 Tucson-Santa Catalina-Tortolita Mountain Wildlife Linkage Design - (ADOT-sponsored Arizona Wildlife Linkages Assessment) 0 2.5 5 10 Miles Legend Q Wildlife Linkage Land Ownership CATEGORY N State Trust ~ #~;; Forest w~ is ^ BLM Local or State Parks g ;Private r Wilderness Area ~~~+;! Tortolita Mtn. ParklPreserve _._ .. .. _.... ~~~' r' cr 6 ~~ _q ~ ~ ~., ~ ~; ~"' ;,.;tea, t _.._~..~'' Figure 3. Beier's Wildlife linkage assessment map for Tortolita and Catalina Mountains. 10 MARANA RESOLUTION N0.2009-153 RELATING TO INTERGOVERNMENTAL RELATIONS; AUTHORIZING AND APPROVING THE TOWN OF MARANA TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT (IGA) WITH THE TOWN OF ORO VALLEY FOR A WILDLIFE LINKAGE STUDY FOR TANGERINE ROAD BETWEEN INTERSTATE 10 AND LA CANADA DRIVE AS WELL AS LA CHOLLA BOULEVARD BETWEEN TANGERINE AND OVERTON ROADS WHEREAS the Wildlife Linkages Study for Tangerine and La Cholla will provide wildlife linkage crossing information required for the future design concept for roadway construction improvements that are currently planned for these roadways under the Regional Transportation Authority (RTA) plan; and. WHEREAS these roadways have been identified by the Town of Marana and the Town of Oro Valley as bisecting one of the highest priority wildlife connectivity linkages within their respective jurisdictions; and WHEREAS this project will collect wildlife species location data from wildlife vehicle collisions and wildlife tracks and recommend locations and types of crossing structures for wildlife crossing mitigation; and WHEREAS the Town of Oro Valley will be the lead on this project for coordinating with the Arizona Game and Fish Department to complete the study; and WHEREAS the Town of Oro Valley be taking the lead on obtaining reimbursements from the Regional Transportation Authority for the project; and WHEREAS Town of Marana contributions for this project will be staff time and coordination. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF MARANA, ARIZONA, authorizing and approving the Town of Marana to enter into an Intergovernmental Agreement (IGA) with the Town of Oro Valley for a Wildlife Linkage Study for Tangerine Road between Interstate 10 and La Canada Drive as well as La Cholla Boulevard between Tangerine and Overton Road. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 15`h day of September, 2009. ATTEST: ~ -- May Ed Honea o' ,~ ®®~ ~ F' M q~ Q®' e® j ~``,~0~11~1--Ijs~~~ S `~~`CUR~ f!~, APPROVED AS TO FORM: