HomeMy WebLinkAboutResolution 2010-038 agreement with t.y. lin international inc relating to traffic interchange at tangerine and I-10MARANA RESOLUTION N0.2010-38
RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZING THE FINANCE
DIRECTOR TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH T.Y. LIN
INTERNATIONAL, INC. FOR ENGINEERING SERVICES TO THE TOWN IN
CONNECTION WITH CENTRAL ARIZONA PROJECT UTILITY COORDINATION FOR A
NEW TRAFFIC INTERCHANGE AT TANGERINE ROAD AND INTERSTATE 10
WHEREAS civil engineering firm T.Y. Lnv INTERNATIONAL, INC. ("T.Y. LrN") has
prepared construction drawings for the construction of a new grade-separated interchange at
Tangerine Road and Interstate 10 (the "New Tangerine TI"); and
WHEREAS the New Tangerine TI is planned to be constructed approximately 1200 feet
northwest of the existing Tangerine Road/Interstate 10 interchange; and
WHEREAS T.Y. LrN prepared the construction drawings pursuant to one or more
professional services agreements with certain surrounding landowners ("Stakeholders"); and
WHEREAS the Town has been coordinating the review of the plans for the New
Tangerine TI, which is anticipated to be constructed by the Arizona Department of
Transportation (ADOT) pursuant to intergovernmental agreements with the Town under which
the Town is anticipated to perform certain utility relocation coordination and right-of--way
acquisition duties; and
WHEREAS T.Y. Lnv performed engineering services valued at approximately $410,000
to coordinate with the Central Arizona Water Conservation District to accommodate the New
Tangerine TI's crossing of the Central Arizona Project (CAP) siphon located just north of the
existing Tangerine Road/Interstate 10 traffic interchange; and
WHEREAS a portion of the cost of T.Y. LIlV's CAP Utility Coordination is attributable to
the Town as part of its utility relocation obligations and is eligible for reimbursement pursuant to
the IGA between the Town and ADOT for design and relocation of utilities for the construction
of the New Tangerine TI, which IGA is also being approved by the Town concurrently with the
adoption of this resolution; and
WHEREAS T.Y. Lnv had unique knowledge and familiarity of the New Tangerine TI
project that justified having T.Y. Lnv undertake the CAP Utility Coordination work, instead of
offering the work to other civil engineering consultants; and
Marana Resolution No. 2010-38 - 1 - {FC1315.DOC /}
WHEREAS the Mayor and Council find the terms and conditions of the proposed
professional services agreement with T.Y. Lnr are in the best interests of the Town.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, AS FOLLOWS:
SECTION 1. The professional services agreement between the Town of Marana and
T.Y. Lnv for CAP Utility Coordination for the New Tangerine TI attached to and incorporated by
this reference in this resolution as Exhibit A is hereby approved in an amount not to exceed
$171,169, and the Finance Director is hereby authorized and directed to execute it for and on
behalf of the Town of Marana.
SECTION 2. The various Town officers and employees are authorized and directed to
perform all acts necessary or desirable to give effect to this resolution and to carry out the terms
of the Proposed IGA.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 20th day of April, 2010.
~~°'
Mayo . Ed Honea
ATTEST:
ocelyn ronson, Town Clerk
APPROVED AS TO FORM:
.~'~ ~
~~ .j
' Funk Ca~s~fly, Town Att~gfney
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Marana Resolution No. 201038 - 2 - {FC 1315.DOC /}
TOWN OF MARANA, ARIZONA
FINANCE DEPARTMENT
11555 WEST CIVIC CENTER DRIVE
MARANA, AZ 85653
PROFESSIONAL SERVICES AGREEMENT
Central Arizona Project (CAP) Utility Coordination for the New Tangerine TI
Agreement Number:
THIS AGREEMENT IS M~~DE 1-1ND ENTERED INTO by and between the TOWN OF M~Rr1Nt1, an Arizona
municipal corporation (the "Town"), and T.Y. LIN INTERN~~TIONI~L, INC., a California corporation
(the "Consultant"), for the purpose of providing engineering services to the Town ui connection
with Central Arizona Project (CAP) Utility Coordination for the New Tangerine TI. The Town and
the Consultant are sometimes collectively referred to as the "Parties," each of which is sometimes
individually referred to as a "Party."
ARTICLE 1. SCOPE OF WORK
1.01. In connection with one or more professional services agreements with certain surrounding
landowners who are not parties to this Agreement ("Stakeholders"), the Consultant has prepared
construction drawings for the construction of a new grade-separated interchange at Tangerine Road
and Interstate 10 (the "New Tangerine TI"). The New Tangerine TI is planned to be constructed
approximately 1200 feet northwest of the existing Tangerine Road/Interstate 10 interchange.
1.02. The Town has been coordinating the review of the plans for the New Tangerine TI, which is
anticipated to be constructed by the Arizona Department of Transportation (ADOT) pursuant to
intergovernmental agreements with the Town under which the Town is anticipated to perform
(subject to reimbursement and financial participation from non-Town funding sources) certain
utility relocation coordination and right-of--way acquisition duties.
1.03. During the last half of 2009, the Consultant performed engineering services valued at
approximately $410,000 in connection with CAP Utility Coordination for the New Tangerine TI.
Specifically, the Town, Consultant, and Stakeholders were required to undertake a previously
unforeseen utility relocation effort in coordination with the Central Arizona Water Conservation
District in connection with the New Tangerine TI's crossing of the CAP siphon located just north
of the existing Tangerine Road/Interstate 10 traffic interchange.
1.04. For reasons including the Consultant's voluminous work on the New Tangerine TI
construction drawings and associated engineering work, the Town acknowledges that Consultant
had unique knowledge and familiarity of the project that justified having the Consultant undertake
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the CAP Utility Coordination work, instead of offering the work to other civil engineering
consultants.
1.05. Except for the CAP Utility Coordination work which is the subject of this Agreement, the
Parties acknowledge and agree that the Town has no other existing financial obligation to the
Consultant in connection with the New Tangerine TI.
ARTICLE 2. TERM
2.01. This Agreement shall be effective when it is executed on behalf of both Parties and shall
terminate upon the Town's full payment for the Consultant's services (see paragraph 6.02 below).
ARTICLE 3. RELATIONSHIPS
3.01. In the performance of the services described in this Agreement, the Consultant acknowledges
that it has acted solely as an independent contractor, and nothing expressed or implied in this
Agreement shall be construed to create the relationship of employer and employee, partnership,
principal and agent, or to create a joint venture between the Town and the Consultant.
ARTICLE 4. NOTICES
4.01. All notice requests and authorizations provided for in this Agreement shall be in writing and
shall be delivered or mailed, addressed as follows:
Town: TOWN OF M ~&~N
Attention: Barbara Johnson, Public Services General Manager
Address: 11555 West Civic Center Drive
Marana, Arizona 85653
With a copy to:
TOWN OF M ~R~N
Attn: Finance Director
11555 W. Civic Center Drive
Marana, Arizona 85653
Consultant: T.Y. LIN INTERN ~TIONAL, INC.
Attention: Daniel Heller, P.E., VP ~ Unit Manager
Address: 60 E. Rio Salado Pkwy, Ste. 501
Tempe, Arizona 85281
ARTICLE 5. BINDING EFFECT ON SUB-CONSULTANTS AND OTHERS
5.01. For purposes of the work and services performed under this Agreement and the obligations
and requirements imposed on the Consultant- pursuant to this Agreement, the term "Consultant"
shall include the Consultant, Consultant's staff, all of Consultant's sub-consultants, and all other
persons working at Consultant's request or direction.
ARTICLE G. INVOICE AND PAYMENT
6.01. Consultant has provided an invoice dated December 1, 2009 in the. amount of $171,169.00 for
the Town's share of Consultant's work in connection with CAP Utility Coordination for the New
Tangerine TI, including all direct and indirect costs and charges associated with this work.
6.02. As soon as practicable after the effective date of this Agreement, but in any event not latex
than 30 calendar days after the effective date of this Agreement, the Town shall pay the Consultant
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$171,169.00 for the Town's share of Consultant's work in connection with CAP Utility
Coordination for the New Tangerine TI.
ARTICLE 7. TERMINATION AND BREACH
7.01. Upon termination of this Agreement, the Town shall have no further obligation to Consultant.
7.02. Either Party may pursue any remedies available to it for the breach of this Agreement.
ARTICLE 8. MISCELLANEOUS PROVISIONS
8.01. This Agreement shall be governed by and construed and enforced in accordance with the laws
of the State of Arizona.
8.02. This Agreement represents the entire and integrated agreement between the Parties and
supersedes all prior negotiations, representations or agreements, either written or oral.
8.03. If any provision of this Agreement is declared invalid or unenforceable, the remainder shall
continue in full force and effect.
8.04. This Agreement may not be changed or modified except by written agreement signed by all
Parties.
8.05. The Consultant acknowledges that it has complied with and shall comply with all federal and
state equal opportunity laws, orders and regulations and shall not discriminate against any employee
or applicant for employment on the basis of age, race, color, religion, sex, disability, national origin,
marital status, veteran status, or sexual orientation.
8.06. The Consultant warrants that it has complied with and shall comply with all federal
immigration laws and regulations that relate to its employees and complies with Arizona Revised
Statutes section (A.R.S. ~) 23-214 (A). The Consultant acknowledges that pursuant to A.R.S.
~ 41-4401 and effective September 30, 2008, a breach of this warranty is a material breach of this
Agreement subject to penalties up to and including termination of this Agreement, and that the
Town retains the legal right to inspect the papers of any employee who works on the Agreement to
ensure compliance with this warranty.
8.07. The Consultant certifies that it does not have, nor will it for the duration of this contract have,
scrutinized business operations in Sudan or Iran as defined in A.R.S. ~ 35-391 and A.R.S. ~ 35-393,
respectively.
8.08. This Agreement is subject to the provisions of A.R.S. ~ 38-511, which provides for termination
in certain instances involving conflicts of interest.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
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IN WITNESS WHEREOF, the undersigned parties have executed this Agreement as of the last Party's
signature date below.
The "Town":
THE TOWN OF MI~x~~N ~,
an Arizona municipal corporation
Erik Montague -
Finance and Purc a ' g Director
y~ o
Date
The "Consultant":
T.Y. LIN INTERN ~TIONr1L, INC.,
a California corporation
Daniel Heller, P.E.
VI' ~ Unit Manager
Date
Federal I.D.#: ~ ~ ~ ~ ~~~~ 7
ATTEST:
ocely ronson, Town Clerk
APPROVEI'~r1S TO FE~'RM:
P~jC_ - ~ -~-~
own Attorney
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