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HomeMy WebLinkAboutResolution 2017-110 Approving agreement for Patel apron as part of the Cracker Barrel Roadway Restoration Project MARANA RESOLUTION NO. 2017-110 RELA.1"ING4`0 PUBLIC WORKS; APPROVING AND AUTHORIZING THE MAYOR TO EXECU11 A PUBLIC IMPROVEMENT PARTICIPATION AGREEMENT FOR THE CONSTRUCTION OF THE PATEL DRIVEWAY APRON AS PART OF THE CRACKER BARREL ROADWAY RESTORATION PROJECT WHEREAS the Town has entered into a construction contract with GRANITE CONSTRUCrFION COMPANY ("Granite") for the construction of Cracker Barrel Roadway Restoration, 'Town of Marana Project No. ST035 (the "Road. Project"); and W11--TEREAS BABUBI-lAi G. PATEL&GOMATIBEN B. PATEL(the "Patels") own a parcel of land currently used for overflow parking located on the south side of Cracker Barrel Road, just east of its intersection with Arizona Pavilions Drive, for which the Patels need a driveway apron (the "Patel Driveway Apron"); and WHEREAS Town staff has negotiated an agreement with the Patels to assure payment of all costs associated with the construction of the Patel Driveway Apron as part of the Road Project; 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 public improvement participation agreement for the construction of the Patel Driveway Apron as part of the Road Project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF 'THE TOWN OF MARANA, that the public improvement participation agreement for the construction of the Patel Driveway Apron as part of the Road 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 objectives of the agreement. 00055199DOCX/1 Marana Resolution No.2017-110 12/6/2017 5:00 PM PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 1911, day of December, 2017. Mayor Ed onea ATTEST: A PPR OV D AS TO FOR r 41 ire ocel ~. Bronson, Town Clerk ra C d , Town/ ttorne y y y MARANA AZ 00055199.DOCX/I Marana Resolution No.2017-110 - 2 - 12/6/2017 5:00 PM PUBLIC IMPROVEMENT PARTICIPATION AGREEMENT TOWN OF MARANA,ARIZONA This Public Improvement Participation Agreement (this "Agreement"} is made and entered into by and between.BABUBHAI G.PATEL&GOMATIBEN B.PATEL(the"Patels"),husband and wife, and the TOWN OF MARANA("Marana"),an Arizona municipal corporation. The Patels and Marana are sometimes collectively referred to in this Agreement as the "Parties," either of which is sometimes referred to as a"Party." RECITALS A. Marana has entered into a construction contract with GRANITE CONSTRUCTION COMPANY (""Granite") for the construction. of Cracker Barrel Roadway Restoration, Town of Marana Project No.ST035(the"Road Project"). B.The Patels own an approximately 1.84-acre parcel of land located on the south side of Cracker Barrel Road,just east of its intersection with Arizona Pavilions Drive,bearing Pima County Assessor's Parcel number 221-05-199F and referred to in this Agreement as the"Subject Property." C.The Patels currently use the Subject Property for overflow parking,for which the Patels need a driveway apron(the"Patel Driveway Apron"). D. Construction of the Road Project is currently underway. E. The Parties believe that the most economical and least disruptive way to accomplish the prompt construction of the Patel Driveway Apron is for the Parties to arrange to have it done by Granite in connection with the construction of the Road Project. F. Granite has provided the Parties with a proposed price of$7,700.00 for the construction of the Patel Driveway Apron. A true and correct copy of Granite's proposal is attached to and incorporated in this Agreement as Exhibit A. G. The purpose of this Agreement is to facilitate Marana's construction of the Patel Driveway Apron as part of the Road Project with design and construction funding provided by the Patels. AGREEMENT Now, THEREFORE, based on the foregoing recitals, which are incorporated here as the intention of the Parties in entering into this Agreement,the Parties agree as follows: 1. Depiction of the Patel Driveway Apron.The Patel Driveway Apron depiction attached --- as Exhibit B shows the nature and extent of the work to be done by Granite pursuant to this Agreement,which Marana and Granite shall incorporate into the Road Project design. 2. Grant of right of entry and temporary construction easement. The Patels hereby grant Marana and Granite a right of entry and temporary construction easement over the Subject 00055149.DOCx/1 PATEL/MARANA CRACKER BARREL ROAD P1PA 12/5/2017 3;19 PM -1- Property, to accommodate construction of those portions of the Patel Driveway Apron located on the Subject Property. 3. The Patels' obligation to pay construction costs for the Patel Driveway Apron. The Patels shall pay all construction costs associated with the construction of the Patel Driveway Apron. Marana and Granite agree that the construction cost for the construction and installation of the Patel Driveway Apron are anticipated to be $7,700.00, as itemized and attached to this Agreement as Exhibit A. Marana and Granite anticipate that the construction and installation of the Patel Driveway Apron will be substantially completed by the completion of the Road Project. 4. Cash deposit to secure the Patels' obligations under this Agreement. The Patels' obligations under this Agreement, including without limitation the Patels' obligations under paragraph 3 above,shall be secured by a cash deposit(paid by credit card)to Marana in the amount of$7,700.00,referred to in this Agreement as the"Patel Cash Deposit." 5. Reconciliation and final payment. No later than 30 days after substantial completion of the Patel Driveway Apron, Marana shall provide to the Patels an itemized statement of Marana's Patel Driveway Apron construction costs and a check or invoice representing the difference between Marana's Patel Driveway Apron construction costs and the Patel Cash Deposit.If the Patel Cash Deposit was insufficient to cover Patels' obligations under this Agreement, the Patels shall pay Marana the balance of the Patel Driveway Apron construction costs as set forth in the invoice within 30 days after the itemized statement and invoice are provided to the Patels. Any amounts unpaid after 30 days shall accrue simple interest at the rate of 10% per year until paid in full. 6. Recording.This Agreement shall not be recorded. 7. Notices.Any notice required under this Agreement shall be complete when sent via First Class Mail or hand delivered to the following addresses. Either Party may change its address for purposes of notice under this Agreement by marling a notice of change of address to the other Party. The Patels: $ABUBI-JAI G.&GOM.ATIBEN B. PATEL 11321 North Twin Spur Court Tucson,Arizona 85737 Marana: Town of Marana c/o Marana Legal Department 11555 west Civic Center Drive Marana,AZ 85653 8. Governing law.This Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona,and any lawsuit to enforce any provision of this Agreement or to obtain any remedy with respect to this Agreement shall be brought in the Pima County Superior Court,and for this purpose the Parties expressly and irrevocably consent to the jurisdiction of the Pima County Superior Court. 9. Court costs and reasonable attorneys'fees to prevailing Party in dispute.If a Party fails ................................................................................................................................................................................................................... .................. .........-.........-.......................-............................. ......................-......-................ ............................ ----...................... .........---............-..............................-.........................................................-...............a........................ ................------............................................................................................ . to perform an.y of its obligations under this Agreement, or if a dispute arises cancerning the meaning or interpretation of any provision of this Agreement,the prevailing Party shall be entitled to its reasonable attorneys' fees and costs determined pursuant to A.R.S. § 12-341.01. 00055149.DOCx/1 PATEL/MARANA CRACKER BARREL ROAD PIPA 12/5/20173:19 PM -2- 10. Exhibits. Any exhibit attached to this Agreement shall be deemed to have been incorporated in this Agreement by reference with the same force and effect as if fully set forth in the body of this Agreement. 11. Cancellation for conflicts.This Agreement is subject to A.R.S. §38-511,which provides for cancellation of contracts in certain instances involving conflicts of interest. 12. Counterparts. This Agreement may be executed in any number of counterparts. Each counterpart shall be deemed an original,but all counterparts shall constitute but one agreement. 13. Effective Date of Agreement. The date of this Agreement (the "Effective Date"} shall for all purposes be the date of the Mayor's signature on this Agreement. The Patels: Marana: BABUBHAi G.PATEL&GoMATIBEN B.PATEL,, TOWN OF MARANA,an Arizona municipal husband and wife corporation L( By: Babubhai G. Patel Ed Hone4-,Mayr Date: Date: Z-//V12W 7 ATTEST: Gomatiben B. Patel e yn C.Yronson,Town Clerk Date: APPROVE ASTqTPRM: ra Cass' Town tt ne-V STATE OF ARIZONA ) 7 ) ss. County of Pima The foregoing instrument was acknowledged before me this day of 2017/ by Babubhai G. Patel&Gomatiben B. Patel,husband and wife. (Seal) Notary Public 00055149.DOCX/I PATEL/MARANA CRACKER BARREL ROAD PIPA 12/5/2017 3:1-9 PM -3- Arizona Region RAnIT Box 27557 Tucson,AZ 85726 T 526.748.8600 November 28'x', 2017 F 520.748-1862 gran iteconstruction.corn Attn: Kurt Schmidt Town of Marana 11555 W. Civic Center Dr. Marana AZ, 85653 RE: Patell Depressed Driveway ST035—Cracker Barrel Road Pavement Restoration Subject: Installation of Depressed Driveway Item Description Quantity UM Unit Price Total Price CO#2 Patell Depressed Driveway 1 LS $ 61493.00 $ 61493.00 Cost Breakdown; - Labor LS $ 3,992.00 - Equipment 1 LS $ 852.00 - Material LS $ 1,649.00 Bond $ 38.00 GRT $ 554.00 Profit and overhead $ 615.00 Tota I $ 71700.00 Exhibit A to Patel/Marana Cracker Barrel Road PIPA Cc: File 724564.06 tm Arizona Region Box 27557 RAnITE Tucson,AZ 85726 T 520.748-8000 F 520,748-1862 graniteconstruction.corn Inclusions; - Price per attached exhibit. - Price includes 42' of depressed curb and curb transitions in front of PAG 206 Driveway Apron at edge of roadway. - Price includes all labor,equipment and materials to install I ea 30' PAG 206 Driveway Apron. - Price includes extending PAG 206 apron to'FOM ROW.(See exhibit) Clat-ifications; - Driveway apron to be installed where curb is called out to be replaced per Cracker Barrel project plans. - Cost calculated on placing rarnp per attached exhibit. If Driveway Apron is to be installed at a different location, additional Post and Cable Barrier end panels may be necessary and will come at an additional cost to this Budget Cost Proposal. - 70' reduction of Post and Cable Barrier cost was not deducted from Budget Cost Proposal. Potential credit to TOM of +/-$1,000.00. - 42' reduction of Vertical Curb cost was not deducted from Budget Cost Proposal. Potential credit to TOM of $500.00. - Budget Cost Proposal calculated based on constructing driveway apron and driveway at same time of similar activities on the project. I f driveway apron and driveway have to be constructed at a later date,cost will increase accordingly. Prepared By: Accepted-By: Signature Signature Austin Atteberry 11/28/2017 l Iq Printed Name Date Printed Name Date' Project Manager ta Title Title . J Exhibit A to Patel/Marana Cracker Barrel Road PIPA Cc: File 724564.06 L.+1-1 III ry f%U w+rr r ince `- REMOVE f,39L3.6 LY 24'°" SRP GE REMOVE & REPLACE `` y+ �8`P L.F. SA i�t,U 7 1 C T ADA RAMPS '"""t `. EXISTING AC PVM T f 1 Q0 FOR FULL SIZE DRAWNGS Stop Post& Cable Barrier 70' ---_, short of plan sheet location. `--� --� RAMP —, 30' PAG 206 Driveway Apron aligned with REMOVE .REPLACE EXIST ADS ,. :� _ adjacent driveway into Texas Roadhouse. RAMP PER S fD DETAIL T 4.M.6DU-2 !�-� � •� TO IAL) 2 ADD NErF.fr TKWA Y PANELS REPAIR EXIST 1 ! �0 f 2 TO TA L) ` Extend PAG 206 Apron to TOM ROW. 96_, - -� NQ1 ADA RAMP PER S 1-bbt-,AIL "'- C ' 3 REMOVE & REPLACE SM � TD.,V.6C,t©-3 (17 TOTAL) STA. 13+141 TO STA. 15*111, t STA�4+73.51 DEMOOSH 197 L.r EXIST. VER,F: ��"`` REMOVE & REPLACE RAMP PER BEGIN CURB REM4 VA Z AF NEA T.O.M. 600-1 (43 TOTAL) 15+r 1.t � 221---05—19 9F URLa REMOVAL A r _ � •• `w_ � PA TEL BABUBHA! G & U"-OMA TIBEN B CPIRS E DINT a36 L.F. SA NCUT SI Tp NEW CURB •.� '- EXISTING AC PVUT PFR STD DE 211 Existing 40'x8' Connex that will have cf`` . I to be moved by property owner. Exhibit B to Patel/Marana Cracker Barrel Road PIPA