HomeMy WebLinkAboutResolution 2021-138 Approving and Authorizing the Mayor to Execute a MOU between Pima Association of Governments and TOM for Programming and Funding of Regional Traffic Signal Equipment for Fiscal Year 2022 MARANA RESOLUTION NO. 2021-138
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 REGIONAL TRAFFIC SIGNAL EQUIPMENT
FOR FISCAL YEAR 2022
WHEREAS the Pima Association of Governments (PAG), as the designated
Metropolitan Planning Organization (MPO) for Pima County, is required to develop a
Transportation Improvement Program (TIP) at least once every 4 years; 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 PAG TIP document authorizes the obligation of
federal funding 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; and
WHEREAS the Town of Marana and PAG wish to cooperate in the programming
and funding for the Regional Traffic Signal Program by purchasing 15 Maxview licenses
for traffic signals; 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 purchase of 15 Maxview licenses for
traffic signals.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE TOWN OF MARANA, ARIZONA, as follows:
SECTION 1. The Memorandum of Understanding between Pima Association of
Governments and the Town of Marana for Programming and Funding of Regional Traffic
Signal Equipment (TIP ID 4.22) in substantially the form set forth in the agenda materials
accompanying this resolution is hereby approved,and the Mayor is authorized to execute
it for and on behalf of the Town of Marana.
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Resolution No.2021-138 - 1 -
SECTION 2. The Town's Manager and staff are hereby directed and authorized to
undertake all other and further tasks required or beneficial to carry out the terms,
obligations, and objectives of the Memorandum of Understanding.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana,
Arizona, this 3rd day of November, 2021. /fJ
4 1
Mayor Ed Honea
ATTE T;r APPROVED AS TO FORM:
Al*
Cherry L. La so , Town Clerk Jar} 'airall, Town Attorney
MARANA AZ
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Resolution No.2021-138 - 2-
Exhibit A to Marana Resolution No. 2021-138
MEMORANDUM OF UNDERSTANDING
BETWEEN
PIMA ASSOCIATION OF GOVERNMENTS
AND
TOWN OF MARANA
FOR
PROGRAMMING AND FUNDING OF
REGIONAL TRAFFIC SIGNAL PROGRAM; EQUIPMENT FOR FY 2022 (TIP ID 4.22)
This Memorandum of Understanding(MOU) is entered into by and between Pima Association of
Governments(PAG),the designated Metropolitan Planning Organization(MPO)for Pima County,
and Town of Marana, a body politic and corporate of the State of Arizona("the Lead Agency").
RECITALS
A. 23 U.S.0 134 (b) establishes Metropolitan Planning Organizations in urban areas over
50,000 in population. Additionally, urbanized areas over 200,000 in population are
considered Transportation Management Areas (TMA)that require the MPO to incorporate
additional requirements into the planning process as outlined in 23 USC 134 (k).
B. The governing board of the MPO is composed of representatives of each member of the
regional jurisdictional governments in accordance with 23 USC 134 (d).
C. PAG as the MPO is required to update a Transportation Improvement Program (TIP) at
least once every 4 years in accordance with 23 USC 134 (j).
D. PAG,as part of the regional planning process throughout 23 USC 134 is required to ensure
projects identified in the TIP are making satisfactory progress toward completion,have the
necessary funding commitments to be completed within the timeframe published in the TIP
and that completed projects are reported on using a performance based planning process.
E. Publication of the PAG TIP document authorizes the obligation of federal funding
(expenditure of federal funds obligated for this Project on or before May 31,2022 is subject
to the 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.
F. The Town of Marana has been identified as the Lead Agency 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 all contracts for the Project.
G. The Lead Agency is authorized by A.R.S. § 11-251 (4)or A.R.S. § 9-240 (A) (3)to design,
maintain, control and manage public roads within the Lead Agency's jurisdictional
boundaries.
H. The Lead Agency may, when authorized by law, have a legal contract with one or more
jurisdictions to perform roadway and other improvements within the boundaries of the
other jurisdiction or jurisdictions.
Regional Traffic Signal 00077972.DOCX/1 1 Program, Equipment
Exhibit A to Marana Resolution No. 2021-138
f
I. The Lead Agency and PAG wish to cooperate in the programming and funding for the
Regional Traffic Signal Program; Equipment ("the Project"). This Project is identified in
the PAG TIP with the TIP ID# of 4.22
J. 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.
K. The PAG TIP Policies and Procedures document included within the approved TIP will
apply to the programming process for this Project unless otherwise specified herein.
L. 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.
NOW, THEREFORE, Town of Marana and PAG, pursuant to the above and in
consideration of the matters and things set forth herein, do mutually understand as follows:
UNDERSTANDING
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 various legal and
administrative matters among the parties.
2. Project. The project scope involves purchasing 15 Maxview licenses for traffic signals, as
more fully depicted in the attached Exhibit A.
3. Operations and Maintenance. The Lead Agency will be responsible for all maintenance and
operations costs and activities.
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.
a. The Lead Agency shall be responsible for the implementation 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 but are not limited to 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 and Mobility Pavement Marking Design
Regional Traffic Signal 00077972.DOCX/1 2Program, Equipment
Exhibit A to Marana Resolution No. 2021-138
Manual, and Pima County and municipal design guidelines for roadway lane widths
and level of drainage protection.
b. 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.
c. The Lead Agency shall be responsible for all traffic management, including public
notification, during Project implementation when required.
d. For construction projects, 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.
e. 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.
f. The Lead Agency shall exercise its power of eminent domain, if necessary, to acquire
property needed for the Project.
g. Under no circumstances shall the 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.
h. 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.
i. The Lead Agency shall require its contractors performing any portion of the Project to
name PAG and RTA as additional insured and additional indemnitee with respect to
insurance 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 and RTA, 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.
j. Monthly, the Lead Agency shall be responsible for preparing and submitting the
reimbursement requests (invoices) to PAG/ADOT or FHWA depending on the fund
source.
k. 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.
Regional Traffic Signal 00077972.Docx/1 3Program, Equipment
Exhibit A to Marana Resolution No. 2021-138
1. The Lead Agency shall indemnify,defend, and hold PAG,RTA 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,RTA 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 sub-contractors, in connection with or incidental to the
performance of this MOU. The indemnity provided in this section shall survive
termination of this MOU.
m. 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, website information, reports, agenda templates,
DVD presentations, and any electronic documents.
6. Responsibilities of PAG.
a. PAG will publish a TIP document at least once every 4 years making regional projects
eligible for state and federal funding.
b. PAG will aid the Lead Agency in preparation of any TIP amendments that may be
necessary for the completion of the Project.
c. PAG will aggregate regional progress toward completion of the Project and will report
to the region's state and federal funding partners.
d. PAG will process drawdown requests associated with PAG HURF 12.6% funding.
7. Amendment.
a. This MOU may be modified, amended, altered or changed only by written agreement
signed by both parties.
b. 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,a significant alteration
to the scope of services to be provided by the project, or addition or elimination of
significant Project features.
c. An amendment to this MOU is required if the total amount of regional funding
programmed on the Project changes more 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 the 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 said Project. The party said to be in
default shall have forty-five days from the receipt of written notice to cure the default. If the
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Exhibit A to Marana Resolution No. 2021-138
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 to this MOU shall assign its rights or obligations under this
MOU to any other party without written permission from the other party to this MOU.
10. Construction of MOU.
a. Entire agreement. This instrument constitutes the entire agreement between the parties
pertaining to the programming of the Project in the TIP. Any exhibits to this MOU are
incorporated herein by this reference.
b. 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 hereof.
c. 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.
d. Severability. In the event that any provision of this MOU or the application thereof is
declared invalid or void by statute or judicial decision, such action shall have no effect
on other provisions and their application, which can be given effect without the invalid
or void provision or application, and to this extent the provisions of the MOU are
severable. In the event that any provision of this MOU is declared invalid or void, the
parties agree to meet promptly upon request of the other party in an attempt to reach an
agreement on a substitute provision.
e. This MOU is subject to the provisions of A.R.S. § 38-511.
11. Ownership of Improvements. If the Project involves construction, except as otherwise
provided for by law or under a contract with one or more other jurisdictions,ownership of and
title to all Project improvements shall automatically vest in 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 PAG.
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
PAG 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.
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 affect the legal
liability of either party to the MOU by imposing any standard of care different from the
standard of care imposed by law.
Regional Traffic Signal 00077972.DOCX/1 5Program, Equipment
Exhibit A to Marana Resolution No. 2021-138
15. 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
within this MOU.
a. 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. Both parties shall comply with applicable provisions of
Executive Order 75-5, as amended by Executive Order 2009-09 of the Governor of
Arizona,which are incorporated into this MOU by reference as if set forth in full herein,
including the provisions of A.R.S. ' 41-1463.
b. 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 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.
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, pandemic, 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:
Pima Association of Governments: Town of Marana:
Farhad Moghimi, Executive Director Keith Brann, Town Engineer
1 East Broadway, Suite 401 Town of Marana
Tucson, AZ 85701 11555 W. Civic Center Drive
Marana, AZ 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 shall be
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Exhibit A to Marana Resolution No. 2021-138
cumulative and in addition to any other right or remedy existing at law or in equity or by virtue
of this MOU.
20. Counterparts. This MOU may be executed in two or more counterparts, each of which shall
be deemed an original, but all of which together shall constitute one and the same instrument.
The signature pages from one or more counterpart may be removed from such counterpart and
attached to a single instrument.
In Witness Whereof, the Town of Marana has caused this MOU to be executed by the
Mayor and Town Clerk, and PAG has caused this MOU to be executed by its Executive Director.
PIMA ASSOCIATION OF GOVERNMENTS
Executive Director Date
TOWN OF MARANA
Mayor Date
ATTEST:
Town Clerk Date
The foregoing MOU between Town of Marana and PAG has been approved as to content and is
hereby recommended by the undersigned.
Mr. Farhad Moghimi, Executive Director Keith Brann, Town Engineer
ATTORNEY CERTIFICATION
The foregoing MOU by and between PAG and Town of Marana has been reviewed by the
undersigned who have determined that it is in proper form and is within the powers and authority
granted under the laws of the State of Arizona to those parties to the MOU.
Pima Association of Governments:
Thomas Benavidez, Attorney for PAG Date
Town of Marana:
Jane Fairall, Town Attorney Date
Regional Traffic Signal 00077972.DOCX/1 ']Program,Equipment
Exhibit A to Marana Resolution No. 2021-138
PAG TIP Memorandum of Understanding
Exhibit A
Base Information
Project Name Regional Traffic Signal Program; Equipment
TIP ID 4.22
Project Location Town wide
Project To support traffic signals and devices that are not currently connected to the
Description system, and to enable the Town to add future traffic signals, the Town
proposes purchasing 15 Maxview licenses. This project supports the Town's
Intelligent Transportation system (ITS) goals of traffic signal coordination,
seamless traffic signal operations across jurisdictional boundaries, and
transportation system communications.
Project Contact Diahn Swartz
Project Contact (520) 382-2675 dswartz@maranaaz.gov
Estimated Project Schedule
Phase Estimated Start Date Estimated End Date
Procurement 8/1/2022 10/31/2022
Installation 11/1/2022 12/31/2022
Estimated Project Budget
Phase Regional Year Amount Match Other Year Amount
Funding Req. Funding
Source Source
Procurement STP FY 2022 $56,580 $3,420 Town of FY 2022 $0
Marana
Please list any agreements related to the project:
The project will need to be established with ADOT for using federal funding prior to initiating
any phase of the project.
For Infrastructure Projects: mark all that apply
ADA Enhancements Landscaping Signals
Art Medians Signalized Ped Crossing
Bike Racks Multiuse Paths Signing
Bridge New Bike Lanes Sound Walls
Bus Pullouts New Sidewalks Street Lighting
Culverts Overpass Striping
Curbs Pavement Preservation Turn Lanes
Detection Cameras Pedestrian Lighting Underpass
Drainage Structures Rubberized Asphalt Utility Relocation
Regional Traffic Signal 00077972.DOCX/1 Program,Equipment
Exhibit A to Marana Resolution No. 2021-138
Guardrails Right of Way Purchase Wildlife Crossing
Additional Project Features
N/A
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.
Installation of the 15 Maxview licenses supports the Town's Intelligent Transportation system
(ITS) goals of traffic signal coordination, seamless traffic signal operations across
jurisdictional boundaries, and transportation system communications.
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