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HomeMy WebLinkAboutResolution 2024-049 Approving and Authorizing the Mayor to Sign a PIPA with Mandarina for Certain Drainage and Roadway Design Elements Adonis Road Extension Project MARANA RESOLUTION NO. 2024-049 RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZING THE MAYOR TO SIGN A PUBLIC IMPROVEMENT PARTICIPATION AGREEMENT WITH MANDARINA HOLDINGS,LLC AND MANDARINA SOUTH,LLC FOR THE DESIGN OF CERTAIN DRAINAGE AND ROADWAY DESIGN ELEMENTS AS PART OF THE TOWN'S ADONIS ROAD EXTENSION PROJECT WHEREAS the Town has entered into a design contract with Psomas, Inc. ("Psomas") for the design of the Adonis Road Extension Phase 2, as a part of Town of Marana Project No. ST098 (the "Road Project"); and WHEREAS Mandarina Holdings,LLC is the master developer of the development project generally located northeast of the Interstate 10 and Tangerine Road traffic interchange, consisting of the land area included within the Mandarina Specific Plan, established by the February 17, 2009 adoption of Marana Ordinance No. 2009.02, recorded in the Pima County Recorder's office at Docket 13499, Page 8 (Sequence 20090340005); and WHEREAS Mandarina South, LLC owns approximately 162 acres of land generally located east of Mandarina Boulevard and north of Tangerine Road, consisting of the land area included within the Mandarina South Specific Plan, established by the August 15, 2023 adoption of Marana Ordinance No. 2023.026, recorded in the Pima County Recorder's office at Sequence 20232300350; and WHEREAS together, the land area included within the Mandarina Specific Plan and the land area included within the Mandarina South Specific Plan are referred to as the "Subject Property" in this resolution; and WHEREAS Mandarina Holdings, LLC and Mandarina South, LLC (collectively, "Mandarina") need certain drainage and roadway design elements related to the Road Project for its future development of the Subject Property (the "Mandarina Adonis Road Elements"); and WHEREAS Town staff has negotiated an agreement with Mandarina to assure payment of all costs associated with the design of the Mandarina Adonis Road Elements 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 Resolution No.2024-049 - 1 - agreement for the design of the Mandarina Adonis Road Elements 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 with Mandarina Holdings, LLC and Mandarina South, LLC for the design of the Mandarina Adonis Road Elements as part of the Road Project, in the form provided in the agenda materials associated with this Council agenda item, is hereby approved, and the Mayor is authorized to sign 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. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 21st day of May, 2024. e( tilL-( ---\' Mayor Ed Honea ATTEST: APPROVED AS TO FORM: 4111 .1110 , Jr, -// David L. Udall, Town Clerk Ja-e 'airall, own Attorney ILi ik MARANA AZ ESTABLISHED 1977 Resolution No. 2024-049 -2- PUBLIC IMPROVEMENT PARTICIPATION AGREEMENT TOWN OF MARANA,ARIZONA This Public Improvement Participation Agreement (this "Agreement") is made and entered into by and among MANDARINA HOLDINGS,LLC, an Arizona limited liability company, MANDARINA SOUTH, LLC, an Arizona limited liability company, and the TOWN OF MARANA ("Marana"),an Arizona municipal corporation.Mandarina Holdings,LLC and Mandarina South, LLC are sometimes collectively referred to in this Agreement as "Mandarina." Mandarina Holdings,LLC,Mandarina South,LLC,and Marana are sometimes collectively referred to in this Agreement as the"Parties," any of which is sometimes referred to as a"Party." RECITALS A. Marana has entered into a design contract with PSOMAS,INC. ("Psomas")for the design of the Adonis Road Extension Phase 2,as a part of Town of Marana Project No. ST098 (the"Road Project"). B. Mandarina Holdings,LLC is the master developer of the development project generally located northeast of the Interstate 10 and Tangerine Road traffic interchange,consisting of the land area included within the Mandarina Specific Plan,established by the February 17,2009 adoption of Marana Ordinance No. 2009.02, recorded in the Pima County Recorder's office at Docket 13499, Page 8(Sequence 20090340005). C. Mandarina South, LLC owns approximately 162 acres of land generally located east of Mandarina Boulevard and north of Tangerine Road,consisting of the land area included within the Mandarina South Specific Plan,established by the August 15,2023 adoption of Marana Ordinance No.2023.026,recorded in the Pima County Recorder's office at Sequence 20232300350. D.Together, the land area included within the Mandarina Specific Plan and land area included within the Mandarina South Specific Plan are referred to as the"Subject Property"in this Agreement. E. Mandarina needs certain drainage and roadway design elements related to the Road Project for its future development of the Subject Property (the "Mandarina Adonis Road Elements"). F. Design of the Road Project is currently underway. G.The Parties believe that the most economical, integrated, and least disruptive way to accomplish the prompt design of the Mandarina Adonis Road Elements is for the Parties to arrange to have it completed by Psomas in connection with the design of the Road Project. H.Psomas has provided the Parties with an estimated price of$21,466.00 for the design of the Mandarina Adonis Road Elements. A true and correct copy of Psomas' proposal/estimate is attached to and incorporated in this Agreement as Exhibit A. 4/25/24 MANDARINA/MARANA ADONIS ROAD EXTENSION DESIGN PIPA -1 - I.The purpose of this Agreement is to facilitate the design of the Mandarina Adonis Road Elements as part of the Road Project with funding provided by Mandarina. 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. Description of the Mandarina Adonis Road Elements. Psomas' proposal/estimate attached to and incorporated in this Agreement as Exhibit A describes the Mandarina Adonis Road Elements,which Marana and Psomas shall incorporate into the Road Project design. 2. Mandarina's obligation to pay design costs for the Mandarina Adonis Road Elements. Mandarina shall pay all design costs associated with the design of the Mandarina Adonis Road Elements. Marana and Psomas agree that the design costs for the design of the Mandarina Adonis Road Elements are anticipated to be $21,466.00, as itemized and attached to this Agreement as Exhibit A. 3. Cash deposit to secure Mandarina's obligations under this Agreement. Mandarina's obligations under this Agreement, including without limitation Mandarina's obligations under paragraph 2 above, shall be secured by a cash deposit to Marana in the amount of $21,466.00, referred to in this Agreement as"Mandarina's Cash Deposit." Mandarina's Cash Deposit shall be due and payable to Marana within 7 days of the Effective Date of this Agreement. 4. Reconciliation and final payment.No later than 30 days after substantial completion of design of the Mandarina Adonis Road Elements, Marana shall provide to Mandarina an itemized statement of the Mandarina Adonis Road Elements design costs and a check or invoice representing the difference between the Mandarina Adonis Road Elements design costs and Mandarina's Cash Deposit. If Mandarina's Cash Deposit is insufficient to cover Mandarina's obligations under this Agreement, Mandarina shall pay Marana the balance of the Mandarina Adonis Road Elements design costs as set forth in the invoice within 30 days after the itemized statement and invoice are provided to Mandarina. Any amounts unpaid after 30 days shall accrue simple interest at the rate of 10% per year until paid in full. 5.Joint and several responsibility.Mandarina Holdings,LLC and Mandarina South,LLC are jointly and severally responsible for Mandarina's obligations under this Agreement. 6. Recording.This Agreement shall not be recorded. [REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK] 4/25/24 MANDARINA/MARANA ADONIS ROAD EXTENSION DESIGN PIPA -2- 7. Notices. All notices shall be in writing and shall be sufficiently given and served upon the other Party by electronic mail,receipt of which has been acknowledged by the other Party, or by hand delivery,first class mail,registered or certified,return receipt requested,postage prepaid, or by reputable overnight courier service and addressed below. In all cases,an electronic copy of any notice given shall also be transmitted to the email addresses set forth below. Mandarina Holdings,LLC: MANDARINA HOLDINGS LLC Attn:Karl N.Huish 1635 N.Greenfield Road,Suite 115 Mesa,AZ 85205 Email: karl.huish@belaflor.com With a copy via email only to:hudd@belaflor.com Mandarina South,LLC: MANDARINA SOUTH,LLC Attn:Karl N.Huish 1635 N.Greenfield Road,Suite 115 Mesa,AZ 85205 Email:karl.huish@belaflor.com With a copy via email only to:hudd@belaflor.com Marana: TOWN OF MARANA c/o Marana Legal Department 11555 West Civic Center Drive Marana,AZ 85653 Email:jfairall@maranaaz.gov 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 to perform any of its obligations under this Agreement, or if a dispute arises concerning 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. 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. 4/25/24 MANDARINA/MARANA ADONIS ROAD EXTENSION DESIGN PIPA -3- IN WITNESS WHEREOF, the Parties have executed this Agreement by their duly authorized representatives. Mandarina: Marana: MANDARINA HOLDINGS,LLC,an Arizona TOWN OF MARANA,an Arizona municipal limited liability company corporation, By: KDL INVESTMENTS,LLC,an Arizona limited liability company,its soleT 0A-L-------e-_,„______ Member By: A.-414 Ed Honea,Mayor 41111 10 By: Date: 7-Z-g 5— /14 ��1 1im! "anager AMST: Date: Apc; \ 2 Z 2 '-'1 David L.Udall,Town Clerk MANDARINA SOUTH,LLC,an Arizona limited liability company APPRO TO FORM: By: KDL INVESTMENTS,LLC,an Arizona limited liability company,its sole Member Jan rall,Town Attorney By: Ka 1 .H ager Date: A pc( 11 22i4 STATE OF ARIZONA ) ) ss. County of 0141994) The oregoing instrument was acknowledged before me this 2? day of Ar ri 1 , 204,by Karl N.Huish,Manager of KDL INVESTMENTS,LLC,an Arizona limited liability company,sole Member of MANDARINA HOLDINGS,LLC,an Arizona limited liability company, on behalf of MANDARINA HOLDINGS,LLC. (Seal) _ r��.�..,sT,�,, MEGAN LANDOWSKi ,p . Notary Public Notary Public x Commission Number 653978 t, of Expires:July 30,2027 ?. Marlcopa Coun 4/25/24 MANDARINA/MARANA ADONIS ROAD EXTENSION DESIGN PIPA -4- STATE OF ARIZONA ) ) ss. County of ___ The foregoing instrument was acknowledged before me this 20 day of Afri 1 , 2027,by Karl N. Huish,Manager of KDL INVESTMENTS,LLC,an Arizona limited liability company,sole Member of MANDARINA SOUTH,LLC, an Arizona limited liability company,on behalf of MANDARINA SOUTH,LLC. (Seal) MEGAN LANDOWSKI ; Notary Public Notary Public Commission Number 653978 Expires:July 30,2027 Maricopa County 4/25/24 MANDARINA/MARANA ADONIS ROAD EXTENSION DESIGN PIPA -5- PSOMAS April 2, 2024 Tom Houle Project Manager Town of Marana 5100 W. Ina Road Marana,AZ 85743 Re: ST089—Adonis Road Extension Phase 2—Final Design—Revision 1 Proposed Scope of Work and Fee—Mandarina Development Coord.&Design Proposal Psomas Job 7TMA210211 Dear Tom: Psomas is pleased to provide this scope of work and fee for coordination and civil design of improvements associated with the Mandarina and Mandarina South developments for Adonis Road. The total estimated fee for coordination and civil design as outlined in the Fee Estimate,is$21,433 on a time and materials basis to the maximum authorized amount.If you have any questions concerning the proposal, please do not hesitate to give me a call at (520)292-2300. We appreciate the opportunity to provide our services to the Town of Marana. Respectfully Submitted, Psomas 44." 44h "le Sean Samsel,P.E. Vice President ssamsel@psomas.com Attachments: Scope of Services Fee Estimate Exhibit A to MANDARINA/MARANA ADONIS ROAD EXTENSION DESIGN PIPA Scope of Work-ST089 Adonis Road Mandarina Coord-Rev1 April 2024 SCOPE OF WORK ADONIS ROAD EXTENSION PHASE 2 FINAL DESIGN MANDARINA DEVELOPMENT COORDINATION AND IMPROVEMENTS DESIGN Revision 1 OVERVIEW This scope of work will cover the coordination of design elements, review of development plans, and design of improvements associated with the ST089 — Adonis Road Extension Phase 2 project (this project') with the adjacent Mandarina and Mandarina South developments and Adonis spine road. For an overview of the major project features, refer to scope of work for project ST089 (dated September 2023). Project management, right-of-way, and utility coordination necessary for the project are included in the main project scope. This scope only covers coordination and design elements with the developments as described below that will be included in a Private Improvement Participation Agreement (PIPA) between the Town and the Mandarina development. 70052. MANDARINA DEVELOPMENT DOCUMENT REVIEW AND COORDINATION The Mandarina development and associated Adonis spine road is currently being designed/constructed by a private developer adjacent to this project to the west and north. It is necessary to tie this project into the Adonis spine road and Mandarina Road (north leg), and coordinate outfalls for the pavement drainage leaving this project flowing to the north and west with the development. Psomas will review the following plans and reports provided by the developer to determine options how the roadway and storm drain tie-ins may be accomplished and coordinate those with the developer and their designer(EPS Group). • Mandarina Phase 1 Grading Plan ENG2202-017 • Mandarina Phase 1 Paving Plan ENG2203-011 • Adonis Spine Road Paving/Street Lighting Plan ENG2111-014 • Adonis Spine Road Drainage Report DRA2111-003 • Mandarina Master Drainage Report DRA2211-002 Page 1 of 3 Exhibit A to MANDARINA/MARANA ADONIS ROAD EXTENSION DESIGN PIPA Scope of Work-ST089 Adonis Road Mandarina Coord-Revi April 2024 • Mandarina Phase 1A Drainage Report DRA2206-005 The future Mandarina South development is currently in design and will occupy the majority of the frontage of this project on both sides of the roadway. No development plats, grading plans, paving or drainage plans were available at the time of this scope, but the developer has provided conceptual exhibits showing intended median opening and turn lane needs for future access points. The Town has confirmed intent to move forward with adding median openings (3) and associated turn lane storage to the Adonis Road Extension Phase 2 design plans. No turnouts or sidestreets for the future development will be included. Modifications to the storm drain system will be required to be performed due to the additional median openings. The developer has also indicated that modifications to the pavement drainage system shown in the Adonis Road Extension Phase 2 15% Plans (prepared in August 2023) are requested to underground the pavement drainage into a storm drain system instead of outletting at grade through scuppers for the portion of the roadway to the west of CAP. This task covers coordination with the developer and their designer (EPS Group) on the design of these additions to make them compatible with future development needs. 70600. CIVIL IMPROVEMENTS DESIGN AND PLAN ADDITIONS Psomas will incorporate drainage and roadway design elements into the civil design plans for the ST089 project. The elements described below will be incorporated into the Stage III design plans and will be updated as needed as the Stage IV and V plans developed. The project elements to be included are as follows: • Addition of up to three (3) median openings with turn bay paving. This includes necessary modifications/additions to geometric sheets, paving sheets, summary sheets, typical sections, basefiles and roadway model, pavement marking and signing sheets. • Storm drain additions/modifications need to account for the median openings described above. • Storm drain modifications necessary to account for the developed/built condition of the Mandarina development and Adonis spine road to the north and west of project. o The portion of the storm drain design attributed to the development are conversion of scuppers outletting drainage at grade to catch basins and design of storm drain pipe to transport the drainage to a storm drain trunk line. Page 2 of 3 Exhibit A to MANDARINA/MARANA ADONIS ROAD EXTENSION DESIGN PIPA Scope of Work-ST089 Adonis Road Mandarina Coord-Revi April 2024 • Retention/detention basins (both inside or outside right-of-way) for storm drainage are excluded from the project. • Storm drain trunk line design and channel needed for storm drainage conveyance to reach a downstream outfall points are not included in this PIPA and will be the responsibility of the Town. • Drainage analysis for the storm drain items identified above, and incorporation of the drainage design documentation into the project Pavement Drainage Report. • Calculation of quantities per bid item and cost estimate for the improvements described above (Stage III-V). • Incorporation of any special provisions required for the improvements described above (Stage IV-V). • Quality control (QC) review of design and plan additions described above. Exclusions The following are excluded from the scope of work: • Any environmental or cultural studies, clearances, fieldwork, native plant inventory, or environmental mitigation that may be required for improvements falling outside of the original ST089 project footprint. This is anticipated to primarily consist of the channel extension north of Adonis Road. This areas falls on private property of the developer and future development site of Mandarina South. If any of these elements are required they will be provided by others. • Additional right-of-way survey or legal descriptions above what is included in the original scope of the ST089 project. • Traffic engineering and access management (turn-lane storage sizing, median opening locations, etc.), it is assumed that the location and storage lengths of turn lanes (both median and right-turn) and median openings will be coordinated between the developer and Town of Marana, and provided to Psomas with approval from the Town. Page 3 of 3 Exhibit A to MANDARINA/MARANA ADONIS ROAD EXTENSION DESIGN PIPA ST089 Adonis Road Extension Mandarina Development Coordination / Design PSOMAS ESTIMATED DIRECT LABOR(Psomas) Burdened Burdened Labor Classification Estimated Man-hours Labor Rate Costs Project Principal 0 $279.00 $ - Sr. Project Manager 18 $235.00 $ 4,230.00 Sr. Engineer 65 $192,00 $ 12,480.00 Project Engineer 0 $146.00 $ - Designer 41 $116.00 $ 4,756.00 GIS Sr. Consultant 0 $260.00 $ - Survey Manager 0 $167.00 $ - Project Surveyor 0 $151.00 $ - 2-Man Survey Crew 0 $169.00 $ - Administration 0 $98.00 $ - Party Chief 0 $100.00 $ - Survey Tech 0 $96.00 $ - Total 124 Total Estimated Labor(Psomas) $ 21,466.00 ESTIMATED DIRECT EXPENSES (Psomas and Subs: Listed by Item at Estimated Actual Cost) Item Quantity Amount Total $ - $ - $ - $ - $ - $ - Direct Expenses TOTAL $ - Subconsultant Total Sub-Consultant TOTAL $ - TOTAL ESTIMATED LABOR(Psomas) $ 21,466.00 TOTAL ESTIMATED DIRECT COSTS (Psomas) $ - TOTAL ESTIMATED OUTSIDE SERVICES(not to exceed) $ - SUBTOTAL $ 21,466.00 TOTAL ESTIMATED COST $ 21,466.00 ADDITIONAL SERVICES(To be authorized by Town on an as-needed basis) CONTRACT TOTAL I $ 21,466.00 I Revl 4/2/24 1 Exhibit A to MANDARINA/MARANA ADONIS ROAD EXTENSION DESIGN PIPA 0 0 � � o N o 0 O N m d co co co co co co co co W oo W CO CO W CO W p0) ry H 3 m V 2 p w o ao o m o a d O1 5. 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