HomeMy WebLinkAboutResolution 2015-053 Approving IGA Construction of the Silverbell Roadway Overlay ProjectMARANA RESOLUTION NO. 2015 -053
RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZING THE MAYOR TO
EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN AND AMONG PIMA
COUNTY, THE CITY OF TUCSON, AND THE TOWN OF MARANA FOR THE DESIGN
AND CONSTRUCTION OF TI---IE SILVERBELL ROADWAY OVERLAY PROJECT
WHEREAS Pima County, the City of Tucson, and the Town of Marana wish to cooperate
in the design and construction of roadway improvements for the Silverbell overlay Project,
which traverses all three jurisdictions; and
WHEREAS the Mayor and Council of the Town of Marana feel it is in the best interests
of the citizens of Marana to enter into the intergovernmental agreement addressed by this
resolution to coordinate and cooperatively fund and build these road improvements.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR. AND COUNCIL OF THE
TOWN OF MARANA, that the intergovernmental agreement between and among Pima County,
the City of Tucson, and the Town of Marana for the design and construction of the Silverbell
Roadway overlay Project attached 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 that the Town Manager and staff are hereby directed and
authorized to undertake all other and further tasks required or beneficial to carry out the terms,
obligations, conditions and ob*ectives of the intergovernmental agreement.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 1 9th day of May, 2015.
ATTEST:
?ocelyn C ronson, Town Clerk
{00041777.DOCX 1)
Marana Resolution No. 2015 -053
f
Mayor d H nea
APPROV i D TO FORM::
r
r Cqs idy, Town torney
Intergovernmental Agreement
between
Pima County, City of Tucson,
And Town of Marana
For the Design and Construction of the
Silverbell Roadway Overlay Project
This Intergovernmental Agreement ( "Agreement ") is entered into by Pinta County, a political
subdivision and body politic of the State of Arizona; the City of Tucson, a municipal corporation
of the State of Arizona; and the Town of Marana, a municipal corporation of the State of Arizona
(collectively, "the Parties "); pursuant to Arizona Revised Statutes section A.R.S. § 11 -952.
Recitals
A. Pima County ("County") is authorized by A.R.S. § 1.1- 251(4) to lay out, maintain,
control, and manage public roads within Pima County.
B. The City of Tucson ( "City ") is authorized by A.R.S. § 9 -276 to lay out and establish,
regulate the use, open, vacate, alter, widen, extend, grade, pave, plant trees or otherwise
improve streets, alleys, avenues, sidewalks, parks, public grounds and off-street parking
sites and acquire any property necessary or convenient for that purpose by the exercise of
the right of eminent domain.
C. The Town of Marana ( "Town ") is authorized by A.R.S. § 9 -240 to exercise exclusive
control over the streets, alleys, avenues and sidewalks of the town and to widen, extend,
straighten, regulate, grade, clean or otherwise improve them.
D. The Parties wish to cooperate in the design and construction of roadway improvements
for the Silverbell Overlay Project ( "the Project. ")
E. The Parties find it prudent to enter into an intergovernmental agreement for the purpose
of funding the design and construction of the Project.
NOW THEREFORE; the Parties, pursuant to the above and in consideration of the matters and
things thereafter set forth, do mutually agree as follows:
Silverbell Overlay 1{inal 418115
AGREEMENT
1. Purpose. The purpose of this Agreement is to set forth the responsibilities of the Parties for
the design and construction of the Project.
2. Project. The Project consists of the design and construction of a two -inch asphalt overlay on
Silverbell Road from Goret Road to Ina Road, as more fully described in the attached Exhibit A.
The County shall be responsible for the design and development activities, including
environmental clearances (collectively, "Design "); and for the advertisement, award, execution,
and administration of the construction element for the Project (collectively, "Construction "). The
County will advertise and start Project activities prior to June 30, 2015 and thereafter diligently
pursue the Project to completion. The City and Town will be responsible for reimbursing the
County for their respective shares of the cost of Construction according to the terms set forth in
this Agreement.
3. Costs, Funding and Payment.
a. The engineer's estimate of cost of Construction is approximately $1,518,000. The
City shall pay to the County part of the actual cost of Construction that is performed
within the City's jurisdiction ( "City Contribution "), currently estimated to be
approximately $899,900.00. The City's payment is to occur within one year of the
execution of this Agreement. If the City does not pay the City Contribution in full
within that period, the City will be liable for interest on the overdue amount at a rate
of 4% per annurn from the date due until paid. The Town shall pay to the County the
actual cost of Construction that is performed within the Town's jurisdiction ( "Town
Contribution "), currently estimated to be approximately $260,100. The County will
invoice the Town for the Town Contribution at the completion of the Prof ect. The
Town must pay the Town Contribution to the County within 60 days after receipt of
the invoice. If the Town does not pay the Town Contribution in full within that
period, the Town will be liable for interest on the overdue amount at a rate of 4% per
annum from the date due until paid. The County will be responsible for Construction
that is performed within unincorporated Pima County ( "County Contribution "),
currently estimated to be approximately $358,000.
b. The Parties acknowledge that construction bids could come in higher or lower than
the engineer's estimate, and that change orders executed during Construction could
increase the cost over the amount of the accepted bid. If the bid that the County
wishes to accept would cause the total cost of Construction to exceed the engineer's
estimate by more than 15%, the County will inform the City and Town. If any party
notifies the other parties, within 10 days thereafter, that it chooses not to pay its share
of the increased cost, the Parties will promptly discuss whether to cancel the Project,
value - engineer the Pro j ect to lower the cost (if feasible), or alter their respective
contributions. The Parties will, in that event, proceed as agreed upon at that time and
will if appropriate, amend this Agreement in writing. If neither the City nor the Town
notifies the County in a timely manner, as provided in this paragraph, the County may
silverbell Overlay Final 418115 2
proceed with award and execution of the contract and each party will be liable for its
share of the cost as set forth in subsection (a) above. The County will notify the City
and Town if, during construction, change orders cause the City or Town's share of the
Construction cost to increase by more than 10 %.
4. Permits. Both the City and Town shall grant the County and its Contractors right of way use
permits allowing full accessibility to perform the work as described. These permits shall be
granted at no cost to the Project.
5. Changes. As lead agency for the Project, the County will have responsibility for Project
oversight and administration of the construction contract. This includes responsibility for
verification of quantities, quality of workmanship, contract change orders, and Project
modifications as necessary. The County will exercise due diligence to consult with the City and
Town on items and issues as they arise so that all Parties have ample opportunity to provide
input. In the event that there is a disagreement over any Project elements, the County will retain
the final decision making authority.
6. ownership of Improvements. Upon completion of the Project, the County, City, and Town
shall remain vested with title to the portions of the improvements falling within their respective
geographical jurisdictions as designed pursuant to this Agreement, and shall be responsible for
the continued operation and maintenance of same.
7. Effective Bate and Term
a. This Agreement shall be effective on the date it is signed by the last party to sign this
Agreement.
b. This Agreement shall remain in effect through completion of the Project and
completion of all payments required under this Agreement.
8. Legal Jurisdiction. Nothing in this Agreement shall be construed as either limiting or
extending the legal jurisdiction of the County, City, or Town.
9. No Joint Venture. It is not intended by this Agreement to, and nothing contained in this
Agreement shall, be construed to create any partnership, j pint venture or employer - employee
relationship between County, City, and Town. No party shall be liable for any debts, accounts,
obligations nor other liabilities whatsoever of any other party as a result of this Agreement,
including (without limitation) any party's obligation to withhold Social Security and income
taxes for itself or its employees.
10. No Third Party Beneficiaries. This Agreement shall not create any right to any person or
entity as a third party beneficiary.
11. 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
Silverhell overlay 1�s inal 418115
within this Agreement. The laws and regulations of the State of Arizona shall govern the rights
of the Parties, the performance of this Agreement and any disputes hereunder. Any action
relating to this Agreement shall be brought in an Arizona court.
a. Anti - Discrimination. The provisions of A.R.S. § 41-1463 and Executive Order
Number 99 -4, as modified by Executive Order Number 2009 -9, 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.
12. 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 by 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
floods, earthquakes, acts of God, or orders of any regulatory ' government officer or court
(excluding orders promulgated by the Parties themselves), which, by exercise of due diligence
and foresight, such party could not reasonably have been expected to avoid. Any party rendered
unable to fulfill any obligations by reason of uncontrollable forces shall exercise due diligence to
remove such inability with all reasonable dispatch.
13. 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.
14. Termination.
a. For cause A party may terminate this Agreement for material breach of the
Agreement by any other party. Prior to any termination under this paragraph, the
party allegedly in default shall be given written notice by the other parties 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, any other
party may terminate this Agreement. Any such termination shall not relieve any
party from liabilities or costs already incurred under this Agreement.
b. A.R.S.....§. 38-511 This Agreement may be terminated pursuant to A.R.S. § 38 -511
in certain instances involving conflict of interest.
C. No n- ion. It is acknowledged that, notwithstanding any other provision
contained herein, this Agreement may be terminated if for any reason the Pima
County Board of Supervisors, the City of Tucson Mayor and Council, or the
Town of Marana Mayor and Council fails to appropriate sufficient monies for the
Silverbell Overlay, "inal 4/8/15 4
purpose of maintaining this Agreement. In the event of such cancellation, County,
City, and Town shall have no further obligation to each other, other than for
payment for services rendered prior to such termination.
d. Ownership of property upon termination. Any termination of this Agreement shall
not relieve any party from liabilities or costs already incurred under this
Agreement, nor affect any ownership of the Project constructed pursuant to this
Agreement.
15. Indemnification.
a. Mutual Indemnity. To the fullest extent permitted by law, each party to this
Agreement shall indemnify, defend and hold the other parties, their governing
boards or bodies, officers, departments, employees and agents, harmless from and
against any and all suits, actions, legal or administrative proceedings, claims,
demands, liens, losses, fines or penalties, damages, liability, interest, attorney's,
consultant's and accountant's fees or costs and expenses of whatsoever kind and
nature, resulting from or arising out of any act or omission of the indemnifying
party, its agents, employees or anyone acting under its direction or control,
whether intentional, negligent, grossly negligent, or amounting to a breach of
contract, in connection with or incident to the performance of this Agreement.
b. Notice. Each party shall notify the others in writing within thirty (30) days of the
receipt of any claim, demand, suit or judgment against the receiving party for
which the receiving party intends to seek indemnification from one or both of the
other Parties pursuant to this paragraph. Each party shall keep the other Parties
informed on a current basis of its defense of any claims, demands, suits, or
judgments relating to this Agreement.
C. Negligence cif indemnified party. The obligations under this paragraph 1. S shall not
extend to the negligence of an indemnified party, its agents or employees.
d. Survival of termination. This paragraph 15 shall survive the termination,
cancellation or revocation, whether in whole or in part, of this Agreement.
1.6. Insurance. Each party warrants that it maintains self-insurance or other insurance covering
that party's liability regarding the Project.
17. Books and Records. Each party shall keep and maintain proper and complete books,
records and accounts, which shall be open for inspection and audit by duly authorized
representatives of any other party at all reasonable times. All design and construction drawings,
records, documentation and correspondence shall be the property of the County at the completion
of'the Project. Within six months after acceptance of the Project by the City and Town, the
Count y shall provide,, at no cost to the City and Town, As -Built original drawings of the Project.
silverbell Overlay 1 inal 418115
18. I- nspection and Audit of Records. The appropriate designated representatives of any party
may perform any inspection of the Project or reasonable audit of any books or records of any
other party to satisfy itself that the monies on the Project have been spent and the Project
operated and maintained in accordance with this Agreement.
19. Serverabiiity. In the event that any provision of the Agreement or the application thereof is
held invalid, such invalidity shall have no effect on other provisions and their application which
can be given effect without the invalid provision, or application, and to this extent the provisions
of the Agreement are severable.
20. Notification..All notices or demands upon any party to this Agreement shall be in writing,
unless other forms are specifically authorized by this Agreement, and shall be delivered in
person or sent by mail addressed as follows:
Town of Marana
. ..........................
Ryan Benavides, Director
Department of Public Works
115 5 5 West C ivic Center Drive
Marana, Arizona 85653 -7006
t_y of Tucson
Daryl Cole, Director
Department of Transportation
201 N. Stone Ave., 6 "' Floor
Tucson, Arizona 85701
Pima County
Priscilla S. Cornelio. P.E., Director
Pima County Department of Transportation
201 N. Stone, 4 "' Floor
Tucson, Arizona 85701
Notices shall be deemed delivered and received on the date of delivery, if delivered in person, or
on the third business day after mailing, if delivered by any form of nail.
Any party may, by written notice to the other parties, designate another address or person for
receipt of notices under this Agreement.
IN WITNES,, WHEI? OF, the City has caused this Agreement to be executed by the
Mayor, upon resolution of the Mayor and Council and attested to by the City Clerk; the Town.
has caused this Agreement to be executed by the Mayor, upon resolution of the Mayor and
Council and attested to by the Town Clerk; and the County has caused this Agreement to be
executed by the Chairman of its Board of Supervisors, upon resolution of the Board and attested
to by the Clerk of the Board.
silverbell Overlay Final 418115 6
WHEREFORE, the Parties have entered into this A on the last part si
date below.
PIMA COtJNTY:
Chair, Board of Supervisors, Date
ATTEST:
Clerk of the Board
CITY OF TUCSON:
Ma of Tucson, Date
ATTEST:
Cit Clerk
TOWN OT M ANA:
p �l
s a0 d/�
Ma Marana, Date
ATTEST:
0
o n ClerkV
Silverbell Overla Fiwd 418115 7
Inter A Determination
The fore Inter A between Pima Count the Cit of Tucson, and the
Town of Marana has been reviewed pursuant to A.R. S. § 11 -952 b the undersi who have
determined that it is in proper form and is within the powers and authorit g ranted under the laws
of the State of Arizona to those parties to the Inter A represented b the
undersi
Pima Count
D p
'Dut Count Attorniav
ANDREW FLAG
Tucson:
INOW10-M10- ,
Silverbell Overla Final 418115
Assistant Cit Attorney
Exhibit A
In general, the project consists of the design and construction of a two -inch asphalt overlay of the
existing Silverbell roadway from Goret Road to Ina Road. The specific activities for each
section are as follows:
Segment 1; Goret to the vicinity of Tucson City limits (including the small County portion at the
vicinity of Sweetwater Drive)
✓ Mill and replace two inches of existing roadway. Crack sealing of the milled surface in
order to seal larger cracks (greater. than 1 1 /2 inches will be included.
✓ The intersection of Silverbell and Camino del Cerro is excluded from this work.
Segment 2; Vicinity of Tucson City limits to approximately loo feet north of existing Sunset
Road
v/ Place fog seal coating over the existing paved surface.
Segment 3; Approximately 100 feet north of existing Sunset Road to approximately 1,000 feet
south of Ina Road
V Place two inches of asphalt over existing roadway.
Paving limits: The paving edge limits shall not extend past the edges of existing asphalt
roadway. No shoulder improvements, turnouts or any other activities outside of the existing
paved surfaces will be included.
Intersections and cross streets
For existing dirt side streets, no paving or improvement activities will be performed as
part of this project.
For existing paved side streets, the work will consist of a taper mill to match existing
pavement.
Striping: All temporary and final striping activities will be included in the project bid packages
and documents. The County will be responsible for working with the project contractor to verify
transitions, tapers, passing areas, etc.
All striping and pavement marking in the County and Town of Marana will in accordance
with PCDOT standards.
v All striping and pavement marking in the City of Tucson jurisdiction will in accordance
with City of Tucson DOT standards.
Traffic Control: All traffic control items, elements and configurations will be in accordance with
PCDOT standards and guidelines. In addition, any Contractor requests for night work, or road
closures that improve productivity and/or efficiency, will be reviewed and evaluated by all
parties.
Silverbell Overlay Final 4/8/15 �
The approximate lengths for each agency are as follows:
City: 3.16 miles
Town: 1.15 miles
County: 2.04 miles
Public Notification: The City and Town shall each designate a person(s) responsible for
disseminating all related project information within their respective organizations. The County
will ensure that all project information and activities is shared with this individual(s) with
adequate advance notice.
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