HomeMy WebLinkAboutResolution 2016-038 Approving Mayor to execute a MOU between PAG and Town of Marana for Coachline ReconstructionMARANA RESOLUTION NO. 2016-038
RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZING THE MAYOR. TO
EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN PIMA ASSOCIATION
OF GOVERNMENTS AND THE TOWN OF MARANA FOR PROGRAMMING AND
FUNDING OF COACHLINE RECONSrFRUCTION (TIP ID 51.12)
WHEREAS the Pima Association of Governments (PAG) is required to develop a
Transportation Improvement Program (TIP) annually; and
WHEREAS PAG is required to ensure projects identified in the TIP are making
satisfactory progress toward completion and have the necessary funding commitments to be
completed within the timeframe published in the TIP, and that a performance based planning
process is used to report on completed projects; and
WHEREAS publication of the PAC TIP document authorizes the obligation of federal
funding and/or authorizes the drawdown of state PAC- HURF 12.6% funds to projects that are
programmed in the "current" fiscal year of the document; and
WHEREAS the Town of Marana has been identified as the Lead Agency for the
Coachline Reconstruction (TIP ID 51.12) and will be responsible for all aspects of project
implementation; ementation; 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 memorandum of understanding (MOU) addressed by
this resolution to facilitate the construction of roadway improvements to Coachline Boulevard
between its two intersections with Silverbell Road.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR. AND COUNCIL OF THE
TOWN OF MARANA, that the Memorandum of Understanding between Pima Association of
Governments and the Town of Marana for Programming and Funding of Coachline
Reconstruction (TIP ID 51.12) 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 FURrfl - -IER 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 terns,
obligations, conditions and objectives of the MOU.
00046309.DOCX /1
Marana ReSOILItion No, 2016-038 4/7/2016 4.40 PM FJC
PASSED AND ADOPTED b the Ma and Council of the Town of Marana, Arizona,
this 19t" da of April, 2016.
Ma Ed H6nea
ATTEST:
e..l j �r <�J�.r. ��if�r' L.►
�Wonson, Town Clerk
APPROVED AS TO FORM:
CasW Town A f l Xrne y
000463 09. DOCX /I
Maraim Resolution No. 2016-038 -- 2- 4/7/2016 4:40 PM FJC
MEMORANDUM OF UNDERSTANDING
BETWEEN
PIMA ASSOCIATION OF GOVERNMENTS
AND THE TOWN OF MARANA
FOR PROGRAMMING AND FUNDING OF
COACHLINE RECONSTRUCTION (TIP ID 51.12)
This Memorandum of Understanding (this "MOU ") is entered into by and between PIMA
ASSOCIATION OF GOVERNMENTS ("PAG"), an Arizona 501(c)(4) nonprofit corporation, and the TowN OF
MARANA (the "Town of Marana" or the "Lead Agency "), an Arizona municipal corporation. PAG and the
Lead Agency are sometimes collectively referred to as the "Parties," either of which is sometimes
individually referred to as a "Party."
RECITALS
A. Metropolitan Planning Organizations (MPOs) are established by Title 23 United States Code
section 134 (b) (23 U.S.C. § 134 (b)) in urban areas over 50,000 population.
B. Urbanized areas over 200,000 population are considered Transportation Management Areas
(TMA) that require the MPO to incorporate additional requirements into the planning process as
outlined in 23 U.S.C. § 134 (k).
C. PAG is the designated MPO for Pima County, Arizona.
D. The governing board of the MPO is composed of representatives of each member of the regional
jurisdictional governments in accordance with 23 U.S.C. § 134 (d).
E. PAG as the MPO is required to develop a Transportation Improvement Program (TIP) annually in
accordance with 23 U.S.C. § 134 (j).
.F. As part of the 23 U.S.C. § 134 regional planning process, PAG is required to ensure projects
identified in the TIP are making satisfactory progress toward completion and have the necessary
funding commitments to be completed within the timeframe published in the TIP, and that a
performance based planning process is used to report on completed projects.
G. Publication of the PAG TIP document authorizes the obligation of federal funding (expenditure
of federal funds obligated for this project on or after May 29, 2015 are subject to terms and
conditions of this MOU) and/or authorizes the drawdown of state PAG HURF 12.6% funds to
projects that are programmed in the "current" fiscal year of the document.
H. Town of Marana has been identified as the Lead Agency for the Coachline Reconstruction and
will be responsible for all aspects of project implementation including, but not limited to,
planning, project management, risk management, design, right of way acquisition, construction,
advertisement, award, execution and administration of the design and construction contracts for
the Project.
I. The Lead Agency is authorized by A.R.S. § 9 -240 to design, maintain, control and manage public
roads within the Lead Agency's jurisdictional boundaries.
00045872. DOCX /I - 1 w 3/18/2016 1 0:40 AM
J. The Lead Agency may have a legal contract with one or more jurisdictions within Pima County
empowering the Lead Agency to perform roadway and other improvements outside the Lead
Agency's jurisdictional boundaries.
K. The Lead Agency and PAG wish to cooperate in the programming and funding for the Coachline
Reconstruction ( "the Project " ) , identified in the PAG TIP with TIP ID #51.12
L. It is the policy of PAG to require that the Lead Agency be identified and a Memorandum of
Understanding (MOU) be approved and entered into by PAG and the Lead Agency before the
project can advance into the first or second year of the TIP document.
M. The PAG TIP Policies and Procedures document will apply to the programming process for this
project unless otherwise specified in this MOU.
N. This project has been identified to add value to the stated goals and objectives of the adopted
regional transportation plan, as such it must meet and comply with its obligations to the region.
UNDERSTANDING
Now, THEREFORE, the Town of Marana and PAG, pursuant to the above and in consideration of
the matters and things set forth in this MOU, do mutually understand as follows:
1. Purpose. The purpose of this MOU is to set forth the responsibilities of the Parties for the
design, construction, maintenance and operation of the Project and to address the legal and
administrative matters among the Parties.
2. Project. The Project consists of the reconstruction of Coachline Boulevard between its two
intersections with Silverbell Road, as more fully described in the attached Exhibit A,
including the following:
2.1. Detailed Project scope and schedule, including a description of how the project will
benefit the PAG region.
2.2. PAG TIP ID number.
2.3. Project budget and cost breakdown by phase.
2.4. Total amount of regional funding programmed for the Project plus a breakdown of any
other funding available to complete the Project.
2.5. Designation of Project phases, if applicable, and any additional related agreements.
2.6. Estimated construction start date and duration of construction.
2.7. Projected timeline.
2.8. Identification of a Project contact for the Lead Agency.
2.9. For non - programmatic projects, the scope should list (at a minimum) all Project features
and categories that will be identified in the Project's base info page in the TIP database.
The jurisdictions are encouraged to list additional Project features as well.
2.10. For programmatic expenditures, the scope should include anticipated deliverables and
outcomes, such as number of meetings or outreach events, or number of participants
reached.
3. Operations and Maintenance. The Lead Agency will identify the cost and funding source
for operations and maintenance of the completed Project.
00045872. DOCX I1 -2- 3/18/201 G 10:40 AM
4. Effective Date; Term. This MOU shall become effective upon approval of this MOU by the
PAG Regional Council and the Lead Agency and shall continue in effect until all
improvements constructed pursuant to this MOU are completed, all eligible reimbursement
payments to the Lead Agency are concluded, and all warranties applicable to the Project have
expired.
5. Responsibilities of the Lead Agency.
5. 1. The Lead Agency shall be responsible for the design, construction and/or installation of
the Project in accordance with this MOU and all applicable public roadway, traffic signal,
and street lighting design and construction standards. Design Standards are federal, state,
county or municipal standards for engineering, traffic, safety or public works facilities
design. Examples of Design Standards include the American Association of State
Highway and Transportation Officials and Federal Highway Administration standards for
highway engineering and construction, the Pima Association of Governments Standard
Specifications for Public Improvements, the Pima County Roadway Design Manual, the
Pima County Department of Transportation/City of Tucson Department of Transportation
Pavement Marking Design Manual, and Pima County and municipal design guidelines
for roadway lane widths and level of drainage protection.
5.2. If any parties other than the Lead Agency are contracted to perform any portion of the
Project, the Lead Agency shall be responsible for the contracts for design, construction,
or any other professional services for the Project and shall select the consultants and
contractors to be used on the Project. The Lead Agency shall follow all local, regional,
state or federal requirements applicable to the funding being used, including selection and
contracting for services.
5.3. The Lead Agency shall be responsible for all traffic management, including public
notification, during construction of the Project.
5.4. The Lead Agency shall operate and maintain the improvements during and after
completion of construction except where those responsibilities have been agreed to by
another agency or jurisdiction.
5.5. The final cost of the Project shall be that amount necessary to complete the Project
including any work incorporated into the Project by change orders and amendments
executed by the Lead Agency. The Lead Agency shall be responsible for all Project costs
in excess of the regional funds identified in the TIP document.
5.6. The Lead Agency shall exercise its power of eminent domain, if necessary, to acquire
property needed for the Proj ect.
5.7. Under no circumstances shall the Project contractor(s) or any other third party entity own
or imply ownership of products and services provided and paid for in part or in whole
with funds identified in this MOU.
5.8. The Lead Agency will be responsible for assuming all risks associated with the Project
except those that are assigned to another agency or jurisdiction that has agreed to that
assumption.
5.9. The Lead Agency shall require its contractors performing any portion of the Project to
name PAG as additional insured and additional indemnitee with respect to insurance
00045872.DOCX 11 -3 - 3/18/2016 10:40 AM
policies for general liability, automobile liability and defects in design in all of the Lead
Agency's contracts for the Project. The Lead Agency shall also require its contractors to
name PAG, as well as any other funding agency involved with the project (RTA, ADOT,
FHWA, etc.) as an additional beneficiary in any performance and payment related
assurances posted for the Project.
5.10. //Monthly, the Lead Agency shall be responsible for preparing and submitting the
reimbursement requests (invoices) to PAC /A.DOT or F11W A depending on the fund
source.
5.11. The Lead Agency shall be responsible for submitting a status report describing its
progress and adherence to the Project scope, schedule and budget to the TIP
Subcommittee upon request, and quarterly to PAG.
5.12. The Lead Agency shall indemnify, defend, and hold PAG and any other funding
providers harmless from any and all claims, demands, suits, actions, proceedings, loss
cost, and damages of every kind and description, including any reasonable attorneys' fees
and/or litigation expenses, which may be brought or made against PAG and any other
funding providers, and any of their officers, directors and employees, or any person,
regardless of who makes the claim., to the extent they result from the negligent or
wrongful acts of the Lead Agency or its contractors, or any of their employees, agents,
representatives, or subcontractors, in connection with or incidental to the performance of
this MOU. The indemnity provided in this section shall survive termination of this MOU.
5.13. The Lead Agency and its contractors shall clearly identify the funding source(s) for the
project, as well as any funding agency involved with the project (PAG, RTA, FTA.,
FHWA, etc.) in all documents and communications materials related to the Project.
Communications materials may include, but are not limited to, signs, brochures, press
releases, PowerPoint presentations, Web site information, reports, agenda templates,
DVD presentations, electronic documents.
6. Responsibilities of PAG.
6.1. PAG will annually publish a TIP document making regional projects eligible for state and
federal funding.
6.2. PAG will aid the Lead Agency in preparation of any TIP amendments that may be
necessary for the completion of the Project.
6.3. PAG will aggregate regional progress toward completion of the program and will report
to the region's state and federal funding partners.
6.4. PAC will process drawdown requests associated with PAG HURF 12.6% funding.
7. Amendment.
7.1. This MOU may be modified, amended, altered or changed only by written agreement
signed by both Parties.
7.2. An amendment to this MOU is required if the scope of work for the Project is
significantly altered, such as a change to the Project boundaries, an alteration to the scope
of services to be provided by the Pro * ect, or addition or elimination of Project features.
00045872. DOCX /1 -4- 3/ 18/201 f 10:40 AM
7.3. An amendment to this MOU is required if the total amount of regional funding
programmed on a proj ect changes are greater than 10% of the total programmed amount
or $200,000, whichever is smaller. Funding changes less than this threshold do not
require an amendment to the MOU, as long as there are no significant changes in scope.
8. Termination. Either Party may terminate this MOU for material breach of this MOU 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. Upon
termination, programmed funds will no longer be available for use on the Project. The Party
said to be in default shall have 45 days to cure the default. If the default is not cured within
that time, the other Party may terminate this MOU. Any such termination shall not relieve
either Party from liabilities or costs already incurred under this MOU.
9. Non - assignment. Neither Party shall assign its rights under this MOU to any other person or
entity without written permission from the other Party.
10. Construction of this MOU.
10.1. Entire agreement. This instrument constitutes the entire agreement between the Parties
pertaining to the programming of the project in the TIP.
10.2. Exhibits. Any exhibits to this MOU are incorporated in this MOU by this reference.
10.3. Construction and interpretation. All provisions of this MOU shall be construed to be
consistent with the intention of the Parties as expressed in the Recitals section of this
MOU.
10.4. Captions and headings. The headings used in this MOU are for convenience only and are
not intended to affect the meaning of any provision of this MOU.
10.5. Severability. A declaration by statute or judicial decision that any provision of this MOU
is invalid or void shall have no effect on other provisions that can be given effect without
the invalid or void provision, and to this extent the provisions of this MOU are severable.
If any provision of this MOU is declared invalid or void, the Parties agree to meet
promptly in an attempt to reach an agreement on a substitute provision.
10.6. Conflict of interest. This MOU is subject to the provisions of A.R.S. § 38 -511, which
provides for cancelation in certain instances involving conflicts of interest.
11, ownership of Improvelments. ownership and title to all materials, equipment and
appurtenances installed pursuant to this MOU shall automatically vest in the Lead Agency
upon completion of the Project.
12. Legal Jurisdiction. Nothing in this MOU shall be construed as either limiting or extending
the legal jurisdiction of the Lead Agency or PACT.
13. No Joint venture. It is not intended by this MOU to, and nothing contained in this MOU
shall be construed to, create any partnership, joint venture or employment relationship
between the Parties or create any employer - employee relationship between the Lead Agency
and any PACT employees, or between PAG and any Lead Agency employees. 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 taxes for itself or any of its employees.
00045872.DOCX 11 -5 - 31 18/2016 10:40 AM
14. No Third Party Beneficiaries. Nothing in the provisions of this MOU is intended to create
duties or obligations to or rights in third parties not parties to this MOU or to affect the legal
liability of either Party by imposing any standard of care different from the standard of care
imposed by law.
15. Compliance with Laves. 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 MOU.
15.1. Anti - Discrimination. Neither party shall discriminate against any employee or client of
either party or any other individual in any way because of that person's age, race, creed,
color, religion, sex, disability or national origin in the course of carrying out the duties
pursuant to this MOU. The provisions of A.R.S. § 41 -1463 and Executive Order 75 -5 as
amended by Executive Carder 2009 -09 issued by the Governor of the State of Arizona are
incorporated by this reference as a part of this MOU.
15.2. Americans with Disabilities Act. This MOU 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.
16. Waiver. waiver by either Party of any breach of any term, covenant or condition of this
MOU 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 of this MOU.
17, Force Majeure. A Party shall not be in default under this MOU if it does not fulfill any of its
obligations under this MOU 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
MOU, 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.
18. Notification. All notices or demands upon any Party to this MOU shall be in writing, unless
other forms are designated elsewhere, and shall be delivered in person or sent by mail
addressed as follows:
To PAG: To the Lead Agency:
Mr. Farhad Moghimi, Executive Director Keith Brann, Town Engineer
PIMA ASSOCIATION OF GOVERNMENTS TOWN of MARANA
One East Broadway, Suite 401 11555 west Civic Center Drive
Tucson, Arizona 85701 Marana, Arizona 85653
19. Remedies. Either Party may pursue any remedies provided by law for the breach of this
MOU. No right or remedy is intended to be exclusive of any other right or remedy and each
00045872.DOCX 11 -6- 3/18/201 f 1 0:40 AM
shall be cumulative and in addition to an other ri or remed existin at law or in e
or b virtue of this MOU.
20. Counterparts. This MOU ma be executed in two or more counterparts, each of which shall
be deemed an ori but all of which to shall constitute one and the same 'Instrument.
The si pa from one or more counterparts ma be removed and attached to a sin
instrument.
IN WITNESS WHEREOF, the Town of Marana has caused this MOU to be executed b the
Ma upon resolution of the Council attested to b the Town Clerk, and PACE has caused this
MOU to be executed b its Chair of the Re Council.
PIMA ASSOCIATION OF GOVERNMENTS
Re Council Chair
TOWN OF MARANY
Ed Honea, Ma
Date:
Date: /7/- / f" Ze IK
ATTEST:
own Cle
The fore MOU between the Town of Marana. and PACE has been approved as to content and
0
is hereb recommended b the undersi
Mr. Farhad Mo Executive Director
ekeith Brann, Town En
ATTORNEY CERTIFICATION
The fore MOU between PAG and the TOWN OF MARANA has been reviewed 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 the Part to this MOU represented b the undersi
REGIONAL TRANSPORTATION AUTHORITY
OF PIMA COUNTY:
Thomas Benavidez
Attorne for the Authorit
TOWN OF MARANA:
sJ�
Date:
Date: 2 /9. 20a
00045872.DOCX /1 - 7 - 3/18/2016 10:40 AM
PAG TIP Memorandum of Understanding: Exhibit A
Base Information
Project Name
TIP ID
Project Location
Project
Description
Lanes Before
Project Contact
Project Contact
Coachline Blvd. Re- construction
51.12
Coachline, Silverbell north to Silverbell south
Remove and re-compact pavement settling at misc. utility installations, mill
2" of existing asphalt surface, place stress absorbing membrane interlayer
(SAMI), re -pave with 2" of PAG #2 AC Mix, re- stripe, transition all existing
curb ramps to meet current ADA requirements, remove and replaced misc.
broken/non-conforming sidewalk and misc. driveway aprons.
5 south, 2 north
Thomas Houle
520382 -2684
Estimated Project Schedule
Phase
Estimated
Start Date
Estimated
End Date
D
7/1/2016
6/30/2017
C
7/1/2017
6/30/2018
12.6% H U R F
2018
$465,000
Estimated Project Budget
Lanes After 15 south, 2 north
thoulea,maranaaz.gov
Phase
Regional
Funding
Source
Year
Amount
D
Local
2017
$120,000
C
12.6% H U R F
2018
$465,000
Please list anv agreements related to the -oroj ect:
Phase
other
Funding
Source
Year
Amount
D
Local
2017
$120,000
C
Local
2018
$1,490,000
$465,000 in 12.6% Funds allocated to Marana on the 2018 TIP Program.
00045872.DOCX I1 -8- 3/18/2016 10:40 AM
For Infrastructure Projects: mark all that apply
ADA Enhancements
X
Landscaping
Signals
Art
Medians
Signalized Ped
Crossin
Bike Racks
Multiuse Paths
Si nin
Bride
New Bike Lanes
Sound Walls
Bus Pullouts
New Sidewalks
Street Li htin
Culverts
overpass
Stri ing
X
Curbs
Pavement Preservation
X
Turn Lanes
Detection Cameras
Pedestrian Li htin
Underpass
Drainage Structures
Rubberized Asphalt
Utility Relocation
Guardrails
Ri ht of Way Purchase
Wildlife Crossin
.tXUU1 L1U11U1 r rub CC G r CULU1_CN
Includes bicycle lanes.
For non - infrastructure projects: describe the outcomes and deliverables with project costs
associated with each
Describe how the region as a whole will benefit from this project, including any jurisdictions that
will be affected or receive benefits from the project.
Pavement Restoration of Coachline Blvd. Pavement is beginning to fail due to the increased
traffic from the Twin Peaks Interchange, and restoration /re- construction will benefit regional
motorists travelling to and from the northeast (including Pima County and Oro Valley), and the
southwest (Pima County and City of Tucson) as well as local Marana motorists.
00045 872. DoCX I1 -9- 3/18/201 b 10:40 AM