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Home My WebLink AboutResolution 2016-123 Approving IGA Traffic Signal Communication and ManagementMARANA RESOLUTION NO, 2016-123 RELATING TO PUBLIC WORKS APPROVING AND AUTHORIZING THE MAYOR TO SIGN AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA AND THE TOWN OF MARANA RELATING TO TRAFFIC SIGNAL COMMUNICATION AND MANAGEMENT WHEREAS the Arizona Department of Transportation has proposed an Inter tal A between the State of Arizona and the Town of Marana relatin to traffic si communication and mana and WHEREAS the Ma and Council of the Town of Marana feel it is in the best interests of the Town of Marana to enter into this inter a amendment. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE .1'0WN 01:-i' MARAN that the "Inter A between the State of Arizona and Town of Marana" (ADOT CAR No.: IGA /JPA 16-0006066-1 AG Contract No.: Pool 2016 004438 Project Name: Traffic Si Communication & Mana attached to and incorpo- rated b this reference in this resolution as Exhibit A, is hereb approved, and the Ma is here- b authorized to si it via direct si or via ADOT's electronic si s for and on behalf of the Town of Marana. IT IS FURTHER RESOLVED that the Town's Mana and staff are hereb directed and authorized to undertake all other and further tasks re or beneficial to carr out the terms, obli and objectives of the inter a PASSED AND ADOPTED b the Ma and Council of the Town of Marana, Arizona, this 15'h da of November, 2016. A N d, 9 9 ANA r / I 1-ki A ATTEST: Bronson., Town Clerk 00049532.DOCX /I Marana Resolution No. 2016-123 Ma Ed Honea 11/2/2016 3:54 I'M APPROVED AS TO FORM: ADOT CAR No.: IGA /J PA 16- 0006066 -I AG Contract No.: P001 2016 004435 Project Name: Traffic Signal Communication & Management Project Location: Various Locations Federal -aid No.: ADOT Project No.: TI P/STI P No.: CFDA No.: 20.205 - Highway Planning and Construction Budget Source ltem No.: HSIP INTERGOVERNMENTAL AGREEMENT safety, and efficiency of the traveling public. 4. The purpose of this agreement is to establish and provide for communication and maintenance of the interconnection of the Town's owned and operated signals into the State's ATMS. THEREFORE, in consideration of the mutual Agreements expressed herein, it is agreed as follows: Page 2 It. SCOPE OF WORK 1. The State will: a. Execute this Agreement and be the lead agency for the Project. l GAIJ PA 1 6- 0006066 -1 b. Purchase and maintain AIMS licensing for all State owned and operated traffic signals. Page 3 Z. The Town will: GAIJ PA 1 6- 0006066 -1 a. Purchase and maintain ATMS licensing for all Town owned and operated traffic signals. b. Develop and provide to the State for approval, coordinated traffic signal timing plans as may be required to provide for the management and control of each of the Town's traffic signal operations, as listed in Exhibit A. III. MISCELLANEOUS PROVISIONS 1. This Agreement shall remain in full force and effect for successive periods of 5 years from the effective date and may be amended upon mutual written consent of both Parties. This Agreement shall be reviewed and all reviews shall be completed within 60 days prior to the end of the 5th year anniversary date. Page 4 IGAIJPA 16- 0006066 -1. 2. The Town shall indemnify, defend, and hold harmless the State, any of its departments, agencies, officers or employees (collectively referred to in this paragraph as the "State ") from any and all claims, demands, suits, actions, proceedings, loss, cost and damages of every kind and description, including reasonable attorneys' fees and /or litigation expenses (collectively referred to in this paragraph as the "Claims "), which may be brought or made against or incurred by the State on account of loss of or damage to any property or for injuries to or death of any person, to the extent caused by, arising out of, or contributed to, by reasons of any alleged act, omission, professional error, fault, mistake, or negligence of the Town , its employees, officers, directors, agents, representatives, or contractors, their employees, agents, or representatives in connection with or incident to the performance of this Agreement. The Town's obligations under this paragraph shall not extend to any Clain s to the extent caused by the negligence of the State, except the obligation does apply to.any negligence of the Town which may be legally imputed to the State by virtue of the State's ownership or possession of land. The Town's obligations under this paragraph shall the termination of this Agreement. 3. The State shall include Section 107.13 of the 20o8'rsion of to Arizona Department of Transportation Standard S ecifications for Road and 3rd estruction, incorporated to this p p 8 Agreement by reference, in the State's contract with any and all contractors, of which the Town shall be specifically named as a third -party beneficiary. Thy provision may not be amended without the approval of the Town. 4. The Parties warrant compliance with the: Federal Funding Accountability and Transparency Act of 2006 and associated 2008 Amendments the "A t" ). Additionally, in a timely manner, the Town will provide information- is requested by the State to enable the State to comply with the requirements af'h Apt,` 6....-may be applicable. 5. This Agreement sl1! b= come:ef fective upon signing and dating of the Determination Letter by .. ..... the State's Attorney Genera 6. This Agreement may be carice.1.1 d in accordance with Arizona Revised Statutes § 38 -511. 7. 'To the extent applicable under law'the provisions set forth in Arizona Revised Statutes §§ 35- 214. nd 35 -215 shall apply to this Agreement. 8. This Agreement is subject to all applicable provisions of the Americans with Disabilities Act (Public Law 103,-336, 42 U.S.C. 12101-12213) and all applicable federal regulations under the Act, including 28.CFR Parts 35 and 36. The parties to this Agreement shall comply with Executive Order Number 2009 -09 issued by the Governor of the State of Arizona and incorporated in this Agreement by reference regarding "Non- Discrimination ". 9. Non - Availability of Funds: Every obligation of the State under this Agreement is conditioned upon the availability of funds appropriated or allocated for the fulfillment of such obligations. If funds are not allocated and available for the continuance of this Agreement, this Agreement may be terminated by the State at the end of the period for which the funds are available. No liability shall accrue to the State in the event this provision is exercised, and the State shall not be obligated or liable for any future payments as a result of termination under this paragraph. Page 5 1 GAIJ PA 1 6- 0006066 -1 10. In the event of any controversy, which may arise out of this Agreement, the Parties agree to abide by required arbitration as is set forth for public works contracts in Arizona Revised Statutes § 12 -1518. 11. The Parties shall comply with the applicable requirements of Arizona Revised Statutes § 41- 4401. For Agreement Administration: Arizona Department of Transportation Town of Marana Joint Project Administration Attn: Keith Brann Mail Drop 205 S. 17 Avenue p 11555 west Civic Center Drive Phoenix, Arizona 8500 7 I11i ana Arizona. 85653 air , (602) 712 -7124 5 3. 82 -2629 (602) 712 -3132 Fax ....:..................... For Project Administration::,. Arizona Department of Transportation Town of Marana Transportation Systems Management Attn: Scott Leska & operation 11555 west Civic Center Drive 221 S;rd Ave Marana, Arizona 85653 (520) 382 -1999 15. In accordance with Arizona Revised Statutes § 11 -952 (D) attached and incorporated in this Agreement is the written determination of each Party's legal counsel that the Parties are authorized under the laws of this State to enter into this Agreement and that the Agreement is in proper form. Page 6 I GAIJ PA 1 6- 6006066 -1 IN WITNESS WHEREOF, the Parties have executed this Agreement the day and year first above written. TOWN OF MARANA By ED HONEA Town Mayor ATTEST: By JOCELYN BRONSON Town Clerk STATE of ARIZONA Department of Transportation By BRENT CAIN, P.E. Division Director IGA /JPA 16- 0006066 -I ATTORNEY APPROVAL FORM FOR THE TOWN OF MARANA I have reviewed the above referenced Intergovernmental Agreement between the State of Arizona, acting by and through its DEPARTMENT OF TRANSPORTATION, and the TOWN OF MARANA, an Sir r - �. y_ _ N TANGERINE FARMS RD W TANGERINE RD 4.'` r p r (j Q O 1 CL W CAMIN(� DEL !U'aR7E r nO N � DR uj WPM ,+J ` J w AVRA VALLEY RJR q � '�►�` -''`�. � ... , _ � i � - EXH 1131T A a d ; � .. ,, i ' �F W LAA►1e R r LN � � w LAMBERT LN W LAM6ER7 LN Town of Marana Traffic Signals _, Locations CORTARO FARMS & CERICIS STRAVENUE ``, C /y� $ r w �t _._. 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