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HomeMy WebLinkAboutResolution 2011-087 IGA with UA college of architecture of design of bus shelters MARANA RESOLUTION NO. 2011-87 RELATING TO COMMUNITY DEVELOPMENT: APPROVING AND AUTHORIZING THE MAYOR TO SIGN A REPLACEMENT INTERGOVERNMENTAL AGREEMENT WITH THE ARIZONA BOARD OF REGENTS ON BEHALF OF THE UNIVERSITY OF ARIZONA COLLEGE OF ARCHITECTURE AND LANDSCAPE ARCHITECTURE FOR THE DESIGN AND CONSTRUCTION OF BUS SHELTERS WITHIN THE TOWN OF MARANA WHEREAS the Town of Marana recognizes the need to provide transit services to its residents; WHEREAS the Town of Marana is partnering with the Regional Transportation Authority of Pima County (RTA) and City of Tucson to provide fixed- route, circulator, and express services within Town boundaries; and WHEREAS the development of supportive infrastructure including installation of bus shelters on major routes and high volume stops to support multi -modal transportation is a recognized action item in the Town's 2010 General Plan; and WHEREAS the Town is authorized by A.R.S. § 9- 240(3) to lay out, maintain, control and manage public roads within the Town's jurisdictional boundaries; and WHEREAS as a part of their course curriculum the University of Arizona College of Architecture and Landscape Architecture (UACALA) students, faculty and staff wish to enter into an agreement with the Town relating to the design, fabrication and installation of bus shelters; and WHEREAS The Town has entered into an intergovernmental agreement with the RTA to provide funding for improvements to bus routes within the Town; and WHEREAS the Arizona Board of Regents on behalf of UACALA and the Town may contract for services and enter into agreements with one another for joint and cooperative action pursuant to A.R.S. § 11 -951, et seq. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA AS FOLLOWS: SECTION 1. The intergovernmental agreement between the Town and UACALA attached to and incorporated by this reference in this resolution as Exhibit A is hereby approved and the Mayor is hereby authorized and directed to execute it for and on behalf of the Town of Marana. SECTION 2. Resolution 2011 -63 adopted June 21, 2011 is hereby repealed and replaced by this resolution. Marana Resolution 2011 -87 - 1 - 9/6/2011 SECTION 3. 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 intergovernmental agreement. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 6 day of September, 2011. Mayor Ed 4onffa ATTEST: wjO C� CX30 celyn C. on .Town Clerk SEAL APPROVED AS TO FORM: .r fi F ank Cas'" dy, Town Aft e7 Mamna Resolution 2011 -87 - 9/6/2011 F. ANN RODRIGUEZ, RECORDER IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Recorded By: BRC DEPUTY RECORDER of PItlr _ �` SEQUENCE: 20112800058 ` 4886 Z NO. PAGES: 11 SMARA �d AG 10/07/2011 TOWN OF MARANA 10:38 TOWN CLERK MAIL 11555 W CIVIC CENTER DR AMOUNT PAID: $11.00 MARANA AZ 85653 1 INTERGOVERNMENTAL AGREEMENT BETWEEN ARIZONA BOARD OF REGENTS, THE UNIVERSITY OFARIZONA ON BEHALF OF THE COLLEGE OF ARCHITECTURE AND LANDSCAPE ARCHITECTURE AND THE TOWN OF MARANA FOR THE DESIGN AND CONSTRUCTION OF BUS SHELTERS WITHIN THE TOWN OF MARANA This Agreement (hereinafter "the Agreement ") is entered into by and between the Arizona Board of Regents, University of Arizona on behalf of the College of Architecture and Landscape Architecture ( "UACALA ") and the Town of Marana, a municipal corporation of the State of Arizona ( "the Town ") pursuant to A.R.S. § 11 -952. RECITALS A. The Town understands the importance of providing transit services to its residents and is partnering with the City of Tucson and the Regional Transportation Authority of Pima County to provide fixed - route, circulator, and express services within Town boundaries. B. The development of supportive infrastructure including installation of bus shelters on major routes and high volume stops to support multi -modal transportation is a recognized action item in the Town's 2010 General Plan. C. The Town is authorized by A.R.S. § 9- 240(3) to lay out, maintain, control and manage public roads within the Town's jurisdictional boundaries. D. As a part of their course curriculum the UACALA students, faculty and staff wish to enter into an agreement with the Town relating to the design, fabrication and installation of bus shelters. E. The Town has entered into an intergovernmental agreement with the Regional Transportation Authority of Pima County to secure funding for improvements to bus routes within the Town. F. The Arizona Board of Regents on behalf of UACALA and the Town may contract for services and enter into agreements with one another for joint and cooperative action pursuant to A.R.S. § 11 -951, et seq. NOW, THEREFORE, the Town of Marana and UACALA, pursuant to the above and in consideration of the matters and things set forth herein, do mutually agree as follows: 1 II AGREEMENT 1. Purpose. The purpose of the Agreement is to set forth the responsibilities of the parties for the design, fabrication and installation of the Project and to address the legal and administrative responsibilities between the parties. 2. Project. The Project consists of the design, fabrication and installation of two bus shelters ( "the Shelters ") for the Town which will be located on North Marana Main Street. Students, faculty and staff from the University of Arizona School of Architecture, the Drachman Institute and the Drachman Design Build Coalition ( "DDBC ") under the supervision of Assistant Professor Christopher Trumble shall deliver the project to the Town for its approval. 3. Effective Date; Term. The Agreement shall become effective upon the filing a fully executed original with the office of the Pima County Recorder and shall continue in effect until all improvements constructed pursuant to the Agreement are completed and all warranties applicable to the Project have expired. The proposed schedule shall consist of two Phases: a. Phase I (June - August 2011): pre - design, schematic design, design development and construction documents. To be performed by two students under faculty supervision. i. Pre - design: (June 13- June 24) Site and program documentation and analysis ii. Schematic Design (June 27 — July 01) Develop concepts in diagram, plan, section, elevation and experiential imagery iii. Design development (July 5- July 29) Perform solar simulations, develop means and methods of construction, engineering coordination and cost estimation iv. Construction documents (August 1- August 19) Develop permit and construction drawings. Issue drawings to Town to facilitate site preparation b. Phase 2 (September- December 2011): development of fabrication (shop) drawings, fabrication and installation. To be performed as a three- credit elective course; requires ten students and one faculty member and one DDBC supervisor. i. Project orientation: (September 1- September 8) ii. Fabrication (shop) drawings: (September 12- September 23) iii. Cost estimation: (September 26- September 30) iv. Material acquisition and component fabrication: (October 3- October 28) v. Assemble components: (October 31- November l l) vi. Installation: (November 14- November 18) Phase 2 schedule includes a four -week contingency. Installation may occur as late as December 15, 2011. 4. Responsibilities of the Town. The Town shall provide to UACALA as -built record drawings in DWG file type, of the immediate site and surrounding areas, including indications of property lines and underground utilities. The Town shall also be responsible for site preparation to include any necessary demolition, removal, replanting or planting of trees and/or vegetation and installation of necessary landscapelhardscape infrastructure. The Town will be responsible for site grading, concrete paving modifications and/or any necessary concrete slab work. 2 5. Responsibilities of UACALA. The Shelters will be comprised of the following components and performance criteria: a. Sheltered seating for a minimum of 4 occupants and 1 wheel chair accessible space. Additionally provide unsheltered overflow seating for a minimum of 4 occupants and 1 wheel chair accessible space b. The design of the shelters is to facilitate visual contact between the shelter occupants and the approaching bus driver. c. The shelter enclosure system is to provide protection to occupants from mid -day solar exposure year round and to maximize protection from morning and afternoon solar exposure during the summer while not undermining visual contact between shelter occupants and approaching bus drivers. d. The shelter enclosure system is to provide protection to occupants from rain and roof run- off. e. The enclosure system is to be porous such that occupants have an audial and /or visual awareness of their immediate surroundings f. The project is to include freestanding and/or shelter integrated signage that accommodates 1) standard Sun bus stop signage (by others) 2) replaceable standard Sun route map (by others) including protective acrylic cover 3) branding/identification signage of shelter location as "Marana" g. Provide solar powered low voltage LED ambient nocturnal lighting system. h. The design of the shelters is to be in compliance with state, federal, and local development and transportation standards including compliance with the Americans with Disabilities Act 6. Final Approval. During Phase I of the project, Town staff will assist in the selection and have final approval for design of the Shelters. UACALA will provide opportunities for review and comment during pre - design, schematic design, and design development. Approval of final design and construction concepts and all construction documents will be at the discretion of the Town following established procedures for building projects within the right -of -way. 7. Funding. The Town shall reimburse the UACALA for the services provided as described in Attachment A "Budget" and in accordance with the reimbursement procedures described below, for an amount not to exceed $69,948. a. Upon receipt of authorized payment requests, the Town shall convey to UACALA funds up to the amount specified in Attachment A on a reimbursement basis. All payments and reimbursements shall follow the policies outlined in the Marana Town Code. b. Town staff will review all monthly statements to confirm that the request is for reimbursement of costs incurred by UACALA for the Project. If the Town determines 3 that additional information is needed, UACALA will be notified of the request for additional information within five days of the receipt of the statement by Town. c. Upon approval, the invoice will be processed for payment within thirty days of the invoice submittal. d. The Town shall provide all necessary cooperation to its fonder, the Regional Transportation Authority for Pima County, to aid processing of payment requests from UACALA. 8. Termination. a. Either party may terminate the Agreement for material breach by the other party. Prior to any termination under this paragraph, the party allegedly in default shall be given written notice by the other party of the nature of the alleged default. The party said to be in default shall have forty -five days to cure the default. If the default is not cured within that time, the other party may terminate the Agreement. Any such termination shall not relieve either party from liabilities or costs already incurred under the Agreement. b. The Agreement may be terminated if for any reason the Marana Town Council does not appropriate sufficient funds for the purpose of maintaining the Agreement. Upon termination the Town shall have no further obligation to UACALA other than for payment of acceptable services rendered prior to termination. c. The parties recognize that the performance by the University of Arizona may be dependent upon the appropriation of funds by the State Legislature of Arizona. Should the Legislature fail to appropriate the necessary funds or if the University's appropriation is reduced during the fiscal year, the Board of Regents may reduce the scope of this Agreement if appropriate or cancel this Agreement without further duty or obligation. The University agrees to notify the other party as soon as reasonably possible after the unavailability of said funds comes to its attention. 9. Arbitration. The parties agree that should a dispute arise between them concerning this Agreement and no party seeks affirmative relief other than money damages in the amount of Fifty Thousand Dollars ($50,000) or less, exclusive of interest, costs and attorneys' fees, the parties shall submit the matter to arbitration pursuant to the Revised Uniform Arbitration Act, A.R.S. § 12 -3001 et seq. (the "Act "), whose rules shall govern the interpretation, enforcement, and proceedings pursuant to this section. Except as otherwise provided in the Act, the decision of the arbitrator(s) shall be final and binding upon the parties. 10. Non - assignment. Neither party to the Agreement shall assign its rights under the Agreement to any other party without written permission from the other party to the Agreement. 11. Construction of Agreement. a. 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. Any exhibits to the Agreement are incorporated herein by this reference. b. Amendment. The Agreement may be modified, amended, altered or changed only by written agreement signed by both parties. 4 c. Construction and interpretation. All provisions of the Agreement shall be construed to be consistent with the intention of the parties as expressed in the Recitals hereof. d. Captions and headings. The headings used in the Agreement are for convenience only and are not intended to affect the meaning of any provision of the Agreement. e. Severability. In the event that any provision of the 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 the 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. f The Agreement is subject to the provisions of A.R.S. § 38 -511 regarding Conflict of Interest. The State of Arizona may cancel this agreement if any person significantly involved in negotiating, drafting, securing or obtaining this Agreement for or on behalf of the Arizona Board of Regents becomes an employee in any capacity of the other party or a consultant to the other party with reference to the subject matter of this Agreement while the Agreement or any extension thereof is in effect. 12. Ownership of Improvements. Ownership and title to all materials, equipment and appurtenances installed pursuant to this agreement shall automatically vest in the Town upon completion of the Project. 13. Legal Jurisdiction. Nothing in the Agreement shall be construed as either limiting or extending the legal jurisdiction of the Town or UACALA. 14. No Joint Venture. It is not intended by the 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 the Town and any UACALA students faculty or staff, or between UACALA and any Town employees. Neither party shall be liable for any debts, accounts, obligations or other liabilities whatsoever of the other, including (without limitation) the other parry's obligation to withhold Social Security and income taxes for itself or any of its employees. 15. No Third Party Beneficiaries. Nothing in the provisions of the Agreement is intended to create duties or obligations to or rights in third parties not parties to the Agreement or affect the legal liability of either party to this agreement by imposing any standard of care different from the standard of care imposed by law. 16. 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 the 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. 5 b. Americans with Disabilities Act. The 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. c. Workers' Compensation. An employee of either party shall be deemed to be an "employee" of both public agencies, while performing pursuant to the Agreement, for purposes of A.R.S. § 23 -1022 and the Arizona Workers' Compensation laws. The primary employer shall be solely liable for any workers' compensation benefits, which may accrue. Each party shall post a notice pursuant to the provisions of A.R.S. § 23 -906 in substantially the following form: All employees are hereby further notified that they may be required to work under the jurisdiction or control or within the jurisdictional boundaries of another public agency pursuant to an intergovernmental agreement or contract, and under such circumstances they are deemed by the laws of Arizona to be employees of both public agencies for the purposes of workers' compensation. d. Pursuant to Arizona Revised Statutes § 35 -397, each party certifies that it does not have a scrutinized business operation in either Sudan or Iran. 17. Waiver. Waiver by either 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. 18. Force Majeure. A party shall not be in default under the Agreement if it does not fulfill any of its obligations under this agreement because it is prevented or delayed in doing so by reason of uncontrollable forces. The term "uncontrollable forces" shall mean, for the purpose of the Agreement, any cause beyond the control of the party affected, including but not limited to failure of facilities, breakage or accident to machinery or transmission facilities, weather conditions, flood, earthquake, lightning, fire, epidemic, war, riot, civil disturbance, sabotage, strike, lockout, labor dispute, boycott, material or energy shortage, casualty loss, acts of God, or action or non - action by governmental bodies in approving or failing to act upon applications for approvals or permits which are not due to the negligence or willful action of the parties, order of any government officer or court (excluding orders promulgated by the parties themselves), and declared local, state or national emergency, which, by exercise of due diligence and foresight, such party could not reasonably have been expected to avoid. Either party rendered unable to fulfill any obligations by reason of uncontrollable forces shall exercise due diligence to remove such inability with all reasonable dispatch. 19. Notification. All notices or demands upon any party to the Agreement shall be in writing, unless other forms are designated elsewhere, and shall be delivered in person or sent by mail addressed as follows: The UACALA: Town of Marana: LeeAnne T. Peters Gilbert Davidson Contract Officer Town Manager University of Arizona 11555 W. Civic Center Drive 888 N..Euclid Ave, Room 515 Marana, AZ 85653 Tucson, AZ 85719 6 20. Remedies. Either party may pursue any remedies provided by law for the breach of the 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 the Agreement. 21. Counterparts. The Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The signature pages from one or more counterpart may be removed from such counterpart and attached to a single instrument. In Witness Whereof, Town of Marana has caused the Agreement to be executed by the Mayor, upon resolution of the Town Council attested to by the Town Clerk, and the UACALA has caused the Agreement to be executed by its Chair of the Board. ARIZONA BOARD OF REGENTS ON BEHALF OF UACALA d� 4 & gh c��r� LeeAnne T. Peters, University of Arizona Contract Officer Date TOWN OF M Ed Honea, M ' or Date ATTEST: yn Bro son, Town Clerk Date e fore oing agreement between the Town of Marana and the UACALA has been approved as to content and is hereby recommended by the undersigned. 7 ATTORNEY CERTIFICATION The foregoing Agreement by and between the UACALA and the Town of Marana has been reviewed pursuant to A.R.S. Section 11 -952 by the undersigned who have determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona to those parties to the Agreement. Arizona Board of Regents University of Arizona, on behalf of UACALA: >--,, �rVQ L r rizona Board of Regents Date j orney — fo University of Arizona Town of Marana: / f Fr .nk Ca s`dy, Tow nt ney D 4ee 8 Attachment A — Budget Phase I Faculty - Supple Comp $ 6,000 ERE (29.8 %) $ 1,788. Students - wages ($12/hr) $ 5,760 ERE (3.1 %) $ 179 Operations DDBC - consultant $ - Engineering - consultant $ 4,000 Printing/modeling $ 2,000 Phase II Faculty - Supple Comp $ 6,000 ERE (29.8 %) $ 1,788 Operations Printing/modeling $ 1,000 Construction Materials $ 20,000 Delivery (transportation) $ 2,000 CALA material lab use fee $ 5,000 Sub -total $ 55,515 Indirect cost Rate 26% $ 14,434 TOTAL $ 69,948 9