HomeMy WebLinkAboutResolution 2012-092 relating to Public Works and Thornydale RoadMARANA RESOLUTION NO. 2012-092
RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZING THE MAYOR TO
EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF
TUCSON AND THE TOWN OF MARANA FOR COOPERATIVE DESIGN AND
CONSTRUCTION OF WATER AND ROADWAY IMPROVEMENTS (THORNYDALE
ROAD, CAMINO DEL NORTE TO MOORE ROAD)
WHEREAS the City of Tucson's Water Department intends to begin construction within
approximately six months of a project entitled "Dove Mountain 36" Reclaimed Transmission
Main, CIP No. W785" (the "Transmission Main Project"), consisting of the installation of a
water main within the existing public right-of-way of Thornydale Road within the town limits of
Marana from approximately 1,700 feet south of Tangerine Road to the intersection of
Thornydale Road and Moore Road; and
WHEREAS the Transmission Main Project 'will cross Tangerine Road, which was
recently reconstructed and is currently under a pavement moratorium pursuant to Marana Town
Code Section 12-7-9, which imposes more rigorous requirements on asphalt pavement less than
five years old; and
WHEREAS the Town's CIP Division intends to construct, as part of its fiscal yeaz 2012-
13 capital improvements program, a pavement rehabilitation and overlay project on Thornydale
Road from Camino del Norte to the Saguaro Ranch entrance north of Moore Road (the
"Thornydale Overlay Project") including ancillary items such as installation of guard rail and
minor drainage grading; and
WHEREAS by coordinating construction of the Transmission Main Project and the
Thornydale Overlay Project, the City and Town will reduce contractor conflicts and traffic
disruption, will take advantage of economies of scale, and may avoid a potential second
pavement mora.torium; and
WHEREAS pursuant to A.R.S. § 11-952, the City and Town are authorized to contract
for services or jointly exercise any powers common to the City and Town and may enter into
agreements with one another for joint or cooperative action; and
WHEREAS the Mayor and Council of the Town of Marana find that the best interests of
Marana and its citizens are served by entering into this intergovernmental agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, that the intergovernmental agreement between the City of Tucson and
the Town of Marana for cooperative design and construction of water and roadway
Resolution No. 2012-092 - 1- 11/8/2012 10:40 AM FJG
improvements (Thornydale Road, Camino del Norte to Moore Road) atta.ched to this resolution
as Exhibit A is hereby approved, and the Mayor is authorized to execute it for and on behalf of
the Town of Marana.
IT IS FURTHER RESOLVED tha.t the Town Manager and staff are hereby directed and
authorized to undertake a11 other and further tasks required or beneficial to carry out the terms,
obligations, conditions and objectives of the intergovernmental agreement.
PASSED AND ADOPTED by the Mayor and Council o€ the Town of Marana, Arizona,
this 20�' day of November, 2012.
C �--•''"�_
Ed Honea, Mayor
ATTEST:
Jocel . Bronson, Town Clerk
APPROVED AS TO FORM:
Cassidy, Town Attorney
Resolution No. 2012-092 - 2- 11/82012 10:40 AM FJC
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> F. ANN RODRIGL7T" RECORDER
' � Reco�ded. By: N�.
DEPUTY RECORDER
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CITY OF TUCSON-CITY CLERK
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INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY
OF TUCSON AND THE TOWN OF MARANA FOR COOPERATIVE
DESIGN Al�D CONSTRUCTION OF WATER AND ROADWAY
IMPROVEMENTS (THORNYDALE ROAD, CAMINO DEL NORTE
TO MOORE ROAD)
THIS AGREEMENT 1S entered into by and between the CITY OF TUCSOl�, an Arizona
municipal corporation (the "City") and the Towrt oF MAtt�NA, an Arizona municipal corporation
(the "Town"). The City and the Town- are sometimes collectively referred to as the "Parties,"
either one of which is sometimes indiviclually referred to as a"Party."
RECITALS
A. The City's Water Department intends to begin construction within approximately six
� p � " ' ° claime�l Tra,nsmissi:o�__M�in}_ CIP
, . » . , .
No. W785" (the ` Transmisso nM n P�o ec� 3 onsisfing of the installation of a water
main within the existing public right-of-way of Thornydale Road within the town limits
of Maxana from approximately 1,700 ,feet south of Tangerine Road to the:intersection of
Thornydale Road and Moore Road.
B. The Transmission Main Project will cross Tangerine Road, which - was recently
reconstructed and is currently under a pavement moratorium pursuant to Marana Town
Code Section 12-7-9; wh'ich imposes more rigorous requirements on asphalt pavement
less than five years old. , �.
C.. The Town's CIP Division interids to construct, as part of its fiscal year 2012-13 capital
improvements program, a pavexnent rehabilitation and overlay project on Thornydale
Road from Camino del Norte to the Saguaro Ranch entrance north of Moore Road (the
"Thornydale Qverlay Project") including ancillary items such as installation of guard rail
and minor drainage grading.
D. By coordinating construction of the Transmission Main. Project and the Thornydale
Overlay Project, the Parties will reduce contractor conflicts and traffic disruption, will
take advar�tage of economies of scale, and may avoid a potential second pavement
moratorium.
E. Pursuant to A.R.S. § 11-952, the Parties are authorized to contract for services or jointly
exercise any powers common to the Parties and may enter into agreements with one
� another for joint or cooperative action.
Exhibit A to Resolution No. 21986
City of Tucson Contract No. 17696
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AGREEMENT
Now, THEREFORE, based on the foregoing recitals, which axe incorporated by reference
here, and in consideration of tlie matters and things set forth in this Agreement, the Parties
hereby agree as follows:
1. The Project. The "Project" is a single combined construction project consisting of the
Transmission Main Project and the Thornydale Overlay Project.
2. Purpose. Tfie purpose of this Agr-eement is to set forth the relative rights and
responsibilities of the Parties for the design, construction, maintenance, operation,
administration, and funding of the Project.
3. City as lead agency. The City shall be the lead agency for the Project, and, except as
otherwise more specifically provided in this Agreement, shall be responsible for all aspects of
project implementation including, but not limited to, planning, project rnanagement, risk
management, construction, and contract advertisement, award, execution and administration.
3.1. The City shall be responsible for construction procurement for the Project
and shall select the contractors to be used on the Project based on a, low-bid selection
° process: Tlie City sfia�TCprovide tYie Town copies �ofany and "alrcontract documents and --
related` materials: The City shall retain the usual rights of the owner of a public contract;
including the authority to approve changes and make payments. However, any change to
the Project which causes the final Project cost to exceed the Town's scope and/or budget
amount for the Project shall be approved in writing by the Town Engineer before the
change is made.
3.2. The City shall be responsible for all traffic management, including public
notification, during construction of the Project.
3.3. The C'ity shall require all contractors performi�g any portion of the Project to
name the Towri as additional insured with respect to insurance policies for general .
liability, automobile liability and defects in construction in a11 contracts for the Project.
3.4. As owner under the construction contract, the City s�iall diligently pursue
payment and performance bonds as necessary for the full final completion of fhe Project.
4. Design. Desigri responsibilities for tlie Project shall be allocated as follows:
4.1. Transmission Main Project. The City shall be respo�sible for the preparation
of all plans and specifications for the Transmission Main Project.
4.2. Thornydale Overlay Project. The Town shall be responsible for the
preparation of all plans and specificatiqns for the Thornydale Overlay Project.
4.3. Project coordination and integration. The City shall be responsible for the
coordination and integration of the two sets of plans and specifications.
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5. Design standards. The Parties shall comply with all �applicable federal, state, county
or municipal standards for engineering, traffic, safety or public works facilities design, including
the latest editions of the following (in the following order ofpriority):
5.1. Town of Marana design guidelines for roadway lane widths and � level of
drainage protection
5.2. Pima County design guidelines for roadway lane widths and level of drainage
protection
53. Pima County/City of Tucson Standard Specifications for Public
Improvements
5.4: Pima CountyRoadway: Design Manual _ .
5.5. The Pima County Department of Transportation /City of Tucson. Department
of Transportation Pavement Marking Design Manual
5.6. The American Association of State Highway and Transportation Officials
and Federal Highway Administration standards for highway engineering and construction
5.7. Manual on Uniform Traffic Control Devices
, 6. Funding. Funding obligations for the Project shall be aliocated as follows:
6.1. The City shall` be solely responsible to pay for:
6.1.1. All design, construction, and project management costs for the
Transmission Main Project. �
6.1.2. All design,. construction, and field engineering. costs to repave the
entire intersection of Tangerine Road and Thornydale Road� and the northbound
right-turn bay of Thornydale Road located ori the southern leg of the intersection
as approved by the Town Engineer in accordance with Marana Town Code
Section 12-?-9.
6.2. The Town shall be solely responsible to pay for all design and construction
costs for the Thornydale Overlay Project, except any design costs for the work described
in subparagraph 6.1.2 above.
6.3: All other costs, including without limitation any construction administration
costs, traffic control costs, contractor field office costs; contractor home office overhead,
contractor profit, and eontractor mobilization costs not clearly and separately attributable
" to the Transmission Main Project or the Thornydale Overlay Project shall` be divided
among the Parties as follows:
6.3.1. The City's portion shall be the percentage determined by dividing
the construction costs separately allocable to the City under paragraph" 6.1 by the
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sum of all construction costs separately allocable to the City and the Town under
paragraphs 6.1 and 6.2.
6.3.2. The Town's portion shall be the percentage determined by
subtractirig the percentage determined in paragraph 6.3.1 from 100.
7. Right-of-way acquisition. The Parties believe and represent that all right-of-way
acquisition necessary for the Project has been completed.
' 7:1. If the Parties determine that additional right-of-way is needed for the
Transmission. Main Project, the City shall pay all right-of-way acquisition costs and
construction delay costs associated with the acquisition.
7.2. If the. Parties determine that additional right-of-way is needed for the
Thornydale Overlay Project, the Town sha11 pay all right-of-way acquisition costs and
construction delay costs associated with the acquisition.
8. ConsYruction start, duration, and substantial completion. The coristruction start
date and duration sha11 be _determined by the City, but the Project shall be substantially
completed no later than July 31, 2014.
9. Field inspection and construction management. The Town shall provide and pay for
field inspection and construction management services for all pavement rehabilitation and
overlay roadway markings, guard rail, and finished grading (including drainage) work, and the
City shali provide all other necessary field inspection and construction management services for
the Project. The City shall be responsible for field inspection and construction management
services whenever there is doubt or ambiguity iri the interpretation of the first two sentences of
this paragraph. Respective field inspection and construction management services sha11 be
coordinated by the Parties so as to not adversely impact the City's Transmission Main Project or
the Town's Thornydale Overlay Proj ect.
10. Invoicing and payment.
10.1. The City sha11 prepare and submit to the Town, within the first week of each
month: , ,
10.1,1. an invoice and request for payment signed by a duly authorized
representative of the City, including background information documenting
payments made to contractors, vendors, or any other eligible costs identified in
this Agreement, and
10.1.2. a status report describing its progress and adherence to the Project
scope, schedule and budget.
10.2. Upon receipt of an authorized payment request, the Town shall transmit to
the City funds in the amount specified in the bid documents on a monthly reimbursement
basis, in accordance with the following:
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10.2.1. Reimbursements will generally be based on the Project schedules
established by the City, or on a monthly basis, whichever is longer.
10.2.2. The Town will, review each payment request to confirm thaf the
request is for costs attributable to the Town under this Agreement, and will notify
the City within five working days of receipt of the invoice if additional
information is needed to confirm that the costs are attributable to the Town.
10.2.3. If the invoice is approved, the Town will process the invoice for
payment within the later of ten working daqs after the Town receives
10.2.3.1. the invoice, or
10.2.3.2.. the ,additional. information requested in accordance with
subparagraph 10.2.2 above.
� 11. Docutn'ent retention. The City shall retain and certify all vendor receipts, invoices
and any related Project records as needed and ensure that they are available for review for a
minimum of five years after final payment is made to the contractor.
12: Proje�t��o�rdinatron. City slralr allz�w th� Towri its representa.tives to attend
any and all pre-construction and construction meetings related to the Project.
13. Ownership and maintenance of improvements. Upon completion of the Project:
13.1. The City sfiall own, operate and maintain the water utility improvements.
13.2. The Town shall own, operate and maintairi the roadway improvements.
14. Termination. Either Party may terminate this Agreement for material breach of this
Agreement 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 45 days to cure fhe default. If the default is not cured within
that time, the other Party may terminate this Agreement. Any termination shall not relieve either
Party from liabilities or costs already incurred under this Agreement.
15. Non-assignment. Neither Party shall assign its rights under this Agreement without
written permission from the other Party. •
16. Construetion of this Agreement.
16.1. Entire agreement. This instrument constitutes the entire agreement between
the Parties pertaining to the subject matter of this Agreement, and all prior or
contemporaneous agreements and uriderstandings, oral or written, axe hereby superseded
and merged in this Agreement.
16:2. Exhibits. Any exhibits to this Agreement are incorporated into this
Agreement by this reference. �
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16.3. Amendment. This Agreement may be madified, amended, altered or
changed only by written agreement signed by both Parties.
16.4. Interpretation. All provisions of this Agreement shall be construed to be
consistent with the intention of the Parties as expressed in the Recitals above.
16.5. Severability. A declaration hy statute or judicial decision that any provision
of this Agreement is invalid or void shall have no effect ori other provisions that can be
given effect without the invalid or void provision, and to this extent the provisions of this
Agreement are severable. If any provision of this Agreement is declared invalid or void,
the Parties agree to meet promptly in an attempt to reacli an agreement on a substitute
provision.
16.6. Conflicts of interest. This Agreement is subject to the provisions of A.R:S:
§ 38-511, which provides for cancellation in certain situations involving conflicts of
interest.
16.7. Legal jurisdiction. Nothing in this Agreement shall be construed as either
limiting or extending the legal jurisdiction of tlie City or the Town.
16.8. �To joinf. venture. If is not intended �by fhis Agreement to, and nofhing
contained in this Agreement shall be construed to, create anypartnership, joint venture or
employment relation�hip between the Parties or create any employer-employee
relationship between the City and any Town staff and/or employees, or between the
Town and any. City ernployees, except for the limited purposes described in paragraph
17.3 below. Neither Party shall 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 t�es for itself or any of its employees.
16.9. No third party beneficiaries. Nothing in the provisions of this Agreernent is
intended to create duties or obligations to or rights in third parties not parties to this
Agreement or affect the legal liability of either Party by imposing any standard of care
different from the standard of care imposed by law.
17. Gomplianee 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.
17.1. 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.
17.2. 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; ir�cluding 28 CFR
Farts 35 and 36. �
17.3. Workers' compensation. An employee of either Party shall be deemed to be
an "employee" of both public agencies, while performing pursuant to this Agreement, for
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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.
§ 23-1022(E) 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 intergo�ernmental
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' corripensation.
18. Waiver. Waiver by either Party of any breach of any term, covenant or condition set
forth in this Agreement 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 set forth in this
Agreement.
19. Force majeure. A Party shall not be in default under this Agreement if it does not
fulfill any of its obligations under this Agreement because it is prevented or delayed in doing so
tiy reason of uncontrollable forces. The term "uncontrollable forces" shall mean, for the_purpose
-- - - ------------------ ---,--- ---- ---- - _ _ .
of this 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, eartliquake, lightning, fire, epidemic, war, riot, terrorism, 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 axe not due to the negligence or willful actiori of the
Parties, order of any government offi'cer or court (excluding orders promulgated by the Parties
themselves), and declared local, state or national emergency, which, by exercise of due diligence -
and foresight, the Party could not reasonably have been expected to a�oid. Either Party rendered
unable to fulfill any obligations by reason of uncontrollable forces sha11 exercise due diligence to
remove the inability with all reasonable dispatch.
20. Notifieation: A�l notices or. demands upon either Party shall be in writing, and shall
be delivered in person or sent by mail addressed as follows:
The City: City Manager
255 W. Alameda St.
Tucson AZ 85701
(520) 791-4204
(520) 791-5198
The Town: Town Manager
11555 N. Civic Center Dr. Bldg. A3
Marana AZ 85653
(520) 382-1900
(520) 382-1901 (Fax)
21. Remedies. Either Party 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 rernedy and
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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.
22. Counterparts. This 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 counterparts may be removed from the
counterpart and attached to a single instrument.
23. Effective date; term. This Agreement shall become effective upon filing a fully
executed original with the office of the Pima County Recorder and shall continue in effect until
all improvements constructed pursuant to this Agreement are completed, all eligible
reimbursement payments to the City are made, and all warranties applicable to the Project have
expired.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the last signature
date below.
TOWN OF MARANA,
an Arizona municipal corporation
�� _
By: - .
Ed Honea, Mayor .
Date:_ - Zv -- / �
ATTEST:
A �,� T'own r 1 �,..x:C'. �3. 2-4`g)
CITY OF TUCSON,
an Arizona municipal corporation
By:
onathan Rothschild, Mayor
Date Januarv 8., 20;13
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ATTEST r .\ i ✓ t _, :-.a.: r
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City Cler� `Janu�:�y�� , 2!013 � -
� ATTORNEY CERTIFICATIOIY �•.: � :•�' �
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The undersigned attorneys for the City of Tucson and the Town of 1Vlaraxia .liave detertnined,
each as to their respective client only, that this intergovernmental �agreement is in proper form
and is within the powers d authority granted under Arizona law to the City of Tucson and the
Town of Marana.
� ' 1
/ -"�----"_"'
City Attorney own A ey `
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F. ANN RODRIGt7EZ, REGORDER
..r Rscorded By: IVIIdC '
. DEPL7TY RECORD�R
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CITY OE TUCSON-CITY CLERK
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I, Roger W R.andolph, the duly appointed and quali�ed City Cle�k
of the �City of Tucs�on, Arizona, do hereby certify pu�suant to� Tucson
Code �S 2-102 that the following is� a t�ue and co�rect copy of Mayor and�
, Council Resolution � No. � 21986, �which was pas,sed and adopted by the
Mayo� and Council of the City of Tucson, Arizona, at a. meeting held on�
Januarv 8, 2013,, at which a quo�um was p�esent. .
a
. I�t .WLt126SS W�IeYeOf, I have hereunto �set my hand and aff `rxed
th.e seal of the�.City of Tucson, Arizona on Tanuarv 1�7, 2013. .
Total of 2 page(s) ce�ti�ed:
(Exhibits not included) �
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ADOPTED BY THE
MAYOR AND COUNCIL .
January 2013
RESOLUTION NO. 21986 '
RELATIIVG TO WATER; AUTHORIZING AND APPROVING THE EXECUTION OF AN
� INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF TUCSON AND THE
TOWN OF MA�iANA � FOR� COOPERATIVE DESIGN AND CONSTRUCT(ON OF
. WATER AND ROADWAY IMPR�VEMENTS; AND DECLARING�AN' EMERGENCY:
� BE IT RESOLVED BY THE MAYOR AND COUNCIL� OF�THE Cf�l( OF T�ICSON,
_� �ARIZONA, AS FOLLOWS: � � � . � � .
.�, SECTION� 1. The � Intergovernmenta( Agreements befinreen the City of T`ucson
and the��Town of Marana. relating to cooperative design and� construction of Tucson
Water's Dove Mountain 36" reclaimed transmission main in conjunction with the Town of
Marana's Thornydale Overlay �Project, attached hereto as Exhibit �A, is authorized and
approved. � . � � . . . � �
. SECTION 2�. The Mayor � is authorized and directed to execute th�
aforementioned Intergovernmental Agreement for and on behalf of .the Ciiy of. Tucson
and the City Clerk is. authorized and directed to attest tFie same. . .
SECTION 3.� . The various � City officers and employees are �authbrized and
directed fo�perForm all acts necessary or desirable to give effect fo�this resolution. � �
SECTION 4. 1IVHEREA�, if is riecessary. for the preservation of� the peace;
fiealth and safe�y of tlie City of Tucson that this resolution become immediafely effective,� �
_
�
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an emergency is hereby declared to exist and this resolution shall be effective
immediately upon its passage �and adoption. � � �
PASSED, ADOPTED AND APPRC?VED BY THE MAYOR AND COUNCIL OF
THE CIIY OF TUCSON�, ARIzONA, January 8, 2013 �
� � ' ' � M YOR � �
ATTEST: � . . �
CITY CLERK � ' � . � . � � �.
APPROVED AS O FO.RM: � REVIEWED BY: . � . .
' � � . .- �- .
CITY T �R � . � � CITY MANAGER � � � �
,.
DLD:mgs . . . . . �
' 72l17/2012
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