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HomeMy WebLinkAbout07/18/2006 Blue Sheet Resolution ordering work Tangerine Farms Improvement District TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: July 18, 2006 AGENDA ITEM: J.1.b. TO: MAYOR AND COUNCIL FROM: Frank Cassidy, Town Attorney SUBJECT: Resolution No. 2006-108: Resolution of the Mayor and Common Council of the Town of Marana, Arizona, ordering the work done as described in Resolution No. 2006-75 with respect to Town of Marana, Arizona, Tangerine Farms Road Improvement District. DISCUSSION This item formally orders the work as described in the Resolution of Intention for the Tangerine Farms Road Improvement District. It authorizes and directs the Superintendent of Streets of the Town to obtain construction bids for the construction of the Tangerine Farms Road improve- ments described in the Notice of Intention. RECOMMENDATION Staff recommends adoption of Resolution No. 2006-108, ordering the work for the Tangerine Farms Road Improvement District. SUGGESTED MOTION I move to adopt Resolution No. 2006-108. {00002385.DOC /} FJClcds 7/12/06 DRAFT 06/07/06 06/30/06 07/11/06 RESOLUTION NO. 2006-108 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF MARANA, ARIZONA, ORDERING THE WORK DONE AS DESCRIBED IN RESOLUTION NO. 2006-75 WITH RESPECT TO TOWN OF MARANA, ARIZONA TANGERINE FARMS ROAD IMPROVEMENT DISTRICT WHEREAS, on June 6, 2006, the Mayor and Common Council of the Town of Marana, Arizona (the "Town"), passed and adopted Resolution No. 2006-75 (the "Resolution of Intention"), declaring its intention to provide the "Work" defined in the Resolution of Inten- tion, determining that improvement bonds (the "Bonds") shall be issued to represent the costs and expenses of the Work, declaring the Work to be of more than local or ordinary public benefit and that the costs and expenses of the Work to be assessed upon a certain district described therein and known as Town of Marana, Arizona Tangerine Farms Road Improvement District (the "District") and providing that the Work be performed under the provisions of Title 48, Chapter 4, Article 2, Arizona Revised Statutes and all amendments thereto, the Work, the District and the Bonds to be issued being more fully described in the Resolution of Intention to which reference is hereby made for such description; and WHEREAS, a copy 0 f the published in the Daily Territorial, in the Town, as required by law; and Resolution of Intention has been a newspaper generally circulated WHEREAS, the Superintendent of Streets of the Town caused to be posted along the line of the Work on the streets, alleys and rights-of-way to be improved, at not more than three hundred (300) feet apart, notices of the passage of the Resolution of Intention, said notices being headed in letters at least one (1) inch in height and stating the fact of the passage of the Resolution of Intention; and WHEREAS, within the fifteen (15) days since the date of the last publication of the Resolution of Intention and the completion of the posting of such notices, no protests against the Work and no objections to the extent of the District were filed with the Clerk of the Town during the time prescribed by law; and WHEREAS, pursuant to the Resolution of Intention, the Mayor and Common Council of the Town set the date and hour for hearing protests against the Work and objections to the extent of the District for July 18, 2006, at 7:00 p.m.; and WHEREAS, the Clerk of the Town caused notice of said hearing to be published twice in the Daily Territorial and to be mailed to each person filing a protest or objection; and WHEREAS, having found that no protests or obj ections were filed or that there was otherwise a basis therefor, the Mayor and Common Council of the Town hereby find and determine that they have jurisdiction to order the Work as described in the Resolution of Intention; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF MARANA, ARIZONA, that: Section 1. By virtue of the authority provided by Title 48, Chapter 4, Article 2, Arizona Revised Statutes, and all amendments thereto, the Work described in the Resolution of Intention is hereby ordered to be done in accordance with the preliminary plans and speci- fications as to be completed to become the final plans and specifica- tions for the District, which completed plans and specifications are hereby approved and adopted by the Mayor and Common Council of the Town. (The Superintendent of Streets of the Town is hereby authorized and directed to so cause the completion of the plans and specifica- tions.) Such completed plans and specifications are hereby referred to for a more particular description of the Work and are made a part hereof. Section 2. The Superintendent of Streets of the Town is authorized and directed to prepare and execute the notice of the passage of this Resolution and inviting proposals for the construction of the Work, in substantially the form attached hereto as the Exhibit. Such notice shall be posted and published as provided by law. Section 3. Any resolutions or parts of resolutions in conflict with the provisions of this Resolution are hereby repealed. 2 PASSED, ADOPTED AND APPROVED by the Mayor and Common Coun- cil of the Town of Marana, Arizona, on July 18, 2006. Ed Honea, Mayor ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Esq., Town Attorney ATTACHMENT: Exhibit - Notice 1548509v02\617/06 3 CERTIFICATION I hereby certify that the foregoing Resolution No. 2006-108 was duly passed by the Mayor and Common Council of the Town of Marana, Arizona, at a regular meeting held on July 18, 2006, and that a quorum was present thereat. Jocelyn C. Bronson, Town Clerk 4 EXHIBIT TOWN OF MARANA, ARIZONA IMPROVEMENT DISTRICT FORM OF ADVERTISEMENT FOR BIDS ADVERTISEMENT FOR BIDS AND NOTICE OF THE PASSAGE OF THE RESOLUTION ORDERING THE WORK AND INVITING SEALED PROPOSALS FOR THE WORK FOR "TOWN OF MARANA, ARIZONA TANGERINE FARMS ROAD IMPROVEMENT DISTRICT" This notice is given pursuant to the provisions of Title 48, Chapter 4, Article 2, Sections 48-571 to 48-619, both inclusive, Arizona Revised Statutes, as amended. On July 18, 2006, the Mayor and Common Council of the Town of Marana, Arizona, duly passed and adopted Resolution No. 2006-108 ordering that the work and improvement described in said Resolution be done under one contract and directing this notice to be given. THEREFORE, notice is hereby given that the Town of Marana, Arizona (the "Town"), will receive proposals for furnishing of all labor, material, transportation, services and equipment described in Resolution No. 2006-75, each proposal to be made in accordance with the aforementioned Resolution No. 2006-108 on file in the office of the Clerk of the Town. Plans, specifications and other proposal documents and contract documents are now on file with the Clerk of the Town and also with the Superintendent of Streets of the Town, whose offices are located at 11555 West Civic Center Drive, Marana, Arizona where they may be examined. The contract documents may also be examined and purchased at the office of the Director of Public Works, 11555 West Civic Center Drive, Marana, Arizona 85653-7007, (telephone 520-382-2600). Contract documents may be purchased for a non-refundable fee of $300.00, each. A pre-bid conference lS scheduled for 2: 00 p. m., Monday, August 14, 2006, at the Marana Municipal Complex Conference Center, 11555 West Civic Center Drive, Marana, Arizona 85653-7007, 2nd Floor. Each proposal shall be sealed in an envelope addressed to the Clerk, Town of Marana, Arizona, 11555 West Civic Center Drive, Marana, Arizona 85653-7007, and bearing the following statement on the outside of the envelope: "Proposal to Construct Work, Town of Marana, Arizona Tangerine Farms Road Improvement District." 1 of Exhibit Each proposal shall be made out in the form set forth in the contract documents and all pages of the contract documents book must be submitted as part of the proposal and shall be accompanied by a bid bond acceptable to the Town for not less than 10% of the amount of the bid made payable to the Town of Marana, Arizona. The bid bond shall be issued by a surety company authorized by the State of Arizona to issue such bonds and the surety shall be rated "Best-A" or better as currently listed in the most recent Best key Guide, published by the A.M. Best Company. The above-mentioned bond shall be given as a guarantee that the bidder will enter into the construction contract if awarded to such bidder, and will be declared forfeited if the successful bidder refuses to enter into said construction contract after being requested to do so by the Clerk of the Town. All Proposals shall be filed with the Clerk of the Town of Marana, Arizona at her office in the Town Hall, 11555 West Civic Center Drive, Marana, Arizona 85653-7007, on or before August 21, 2006, at 4:00 P.M. (Arizona is on Mountain Standard Time and does not utilize daylight savings time.) All proposals will be opened and the total amounts so bid read aloud at 4:05 p.m. in or near the office of the Clerk of the Town on August 21, 2006. ~ll proposals shall be tabulated by the District Engineer who shall report its findings to the Mayor and Common Council of the Town. It is expected that the Mayor and Common Council of the Town will award the construction contract to the lowest responsible bidder on September 5, 2006, at the meeting of the Mayor and Common Council of the Town which will be held at 7:00 P.M. on such date. The Mayor and Common Council of the Town reserve the right to accept or reject any or all proposals, or to reject the bids of any persons who have been delinquent or unfaithful to any contract with the Town and to waive any informalities or irregularities in the proposals. The Mayor and Common Council of the Town have determined that improvement bonds will be issued and delivered to represent the construction cost and all of the incidental costs of such work and improvement, including engineering, printing, advertising and posting and preparation of proceedings, and notice is hereby given that such improvement bonds shall be issued or executed and delivered, respectively, under the provisions of Title 48, Chapter 4, Article 2, Arizona Revised Statutes, and amendments thereto, by the Town but payable only out of a special fund collected in not to exceed twenty- five (25) annual installments from the assessments of $25.00 or over remaining unpaid as of the date of said improvement bonds. The improvement bonds payable out of the first installment collected shall be payable on the first day of January next after the collection of the first installment of the assessments can be made under the provisions of Title 48, Chapter 4, Article 2, Arizona Revised Statutes, as amended, and on the first day of January of each year thereafter until all are paid. Said improvement bonds shall bear interest at a rate of not to exceed eight percent (8%) per annum. 2 of Exhibit Interest will be payable on the first day of January and July of each year. THE CONTRACTOR WILL BE PAID WITH CASH PAYMENTS ONCE EACH MONTH, SUCH PAYMENTS TO BE ON THE BASIS OF 90% OF THE VALUE OF THE WORK ACTUALLY PERFORMED AS ESTIMATED BY THE DISTRICT ENGINEER. THE RETAINAGE SHALL BE PAID AFTER THE MAYOR AND COMMON COUNCIL HAVE APPROVED THE ASSESSMENT. APPROVAL OF THE ASSESSMENT IS EXPECTED TO OCCUR APPROXIMATELY 120 DAYS AFTER THE WORK ON THE CONSTRUCTION CON- TRACT TO BE LET FOR TOWN OF MARANA, ARI ZONA TANGERINE FARMS ROAD IMPROVEMENT DISTRICT HAS BEEN COMPLETED. THE CONTRACTOR WILL NOT BE REQUIRED TO ADVANCE INCIDENTAL EXPENSES. THE CONTRACTOR WILL NOT BE RESPONSIBLE FOR MAKING CASH COLLECTIONS FROM PROPERTY OWNERS. THE CONSTRUCTION CONTRACT CONTAINS A PROVISION FOR LIQUI- DATED DAMAGES WHICH PROVIDES THAT FOR EACH AND EVERY DAY THE WORK CONTEMPLATED BY THE CONSTRUCTION CONTRACT REMAINS UNCOMPLETED BEYOND THE TIME SET FOR ITS COMPLETION, OR AS THE TIME FOR COMPLETION OF THE WORK MAY BE EXTENDED BY THE SUPERINTENDENT OF STREETS WITH THE CONSENT OF THE MAYOR AND COMMON COUNCIL OF THE TOWN, THE CONTRACTOR SHALL PAY TO THE TOWN AN AMOUNT PER CALENDAR DAY EQUAL TO THE PER DIEM INTEREST COST ON THE HEREINABOVE DESCRIBED IMPROVEMENT BONDS FROM THE DATE SCHEDULED FOR COMPLETION OF THE WORK TO THE DATE OF ACTUAL COMPLETION OF THE WORK COMPLETION OF THE WORK PLUS AN AMOUNT EQUAL TO ALL OUT-OF- POCKET EXPENSES INCURRED BY THE TOWN AS A RESULT OF THE CONTRACTOR'S FAILURE TO COMPLETE THE WORK BY THE TIME SET FOR ITS COMPLETION AS LIQUIDATED DAMAGES AND NOT AS A FORFEIT OR PENALTY. THIS SUM MAY BE DEDUCTED FROM MONEYS DUE OR TO BECOME DUE TO THE CONTRACTOR AS COMPENSATION UNDER THE CONSTRUCTION CONTRACT. BIDDERS ARE TO TAKE NOTICE THAT, PURSUANT TO ARIZONA LAW, IF WITHIN THREE YEARS FROM THE AWARD OF THE CONSTRUCTION CONTRACT ANY PERSON WHO WAS SIGNIFICANTLY INVOLVED IN INITIATING, NEGOTIATING, SECURING, DRAFTING OR CREATING THE CONSTRUCTION CONTRACT ON BEHALF OF THE TOWN BECOMES AN EMPLOYEE OR AGENT OF THE WINNING BIDDER IN ANY CAPACITY OR A CONSULTANT TO THE WINNING BIDDER WITH RESPECT TO THE CONSTRUCTION CONTRACT, THE TOWN MAY CANCEL THE AWARD OF CONSTRUCTION CONTRACT WITHOUT PENALTY OR FURTHER OBLIGATION BY THE TOWN. IN ADDITION TO SUCH CANCELLATION, IF SUCH PERSON BECOMES AN EMPLOYEE OR AGENT OF THE WINNING BIDDER WITH RESPECT TO THE CONSTRUCTION CONTRACT, THE TOWN MAY RECOUP ANY FEES OR COMMISSIONS PAID OR DUE TO SAID WINNING BIDDER WITH RESPECT TO THE CONSTRUCTION CONTRACT. No bidder may withdraw their proposal for a period of sixty (60) days after the date set for the opening thereof. The Town reserves the right to cancel this notice at any time. Requests for further information concerning Town of Marana, Arizona Tangerine Farms Road Improvement District, and the Construction Contract therefor, may be made in writing to Keith Brann (Superintendent of Streets), 11555 West Civic Center Drive, Marana, 3 of Exhibit Arizona 85653-7007, telephone: (520) 382-2600, fax (520) 382-2640 prior to 5:00 p.m. on Tuesday, August 15, 2006. DATED and signed this 18th day of July, 2006. /s/ Keith Brann . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Superintendent of Streets of the Town of Marana, Arizona PUBLISH: Twice in the Daily Territorial. POST: Five (5) days at or near the door of the Council Chambers. 4 of Exhibit