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HomeMy WebLinkAboutResolution 2006-001 IGA with ADOT for railroad crossing improvements at ina road MARANA RESOLUTION NO. 2006-01 RELATING TO TRANSPORTATION; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH THE ARIZONA DEPART- MENT OF TRANSPORTATION FOR RAILROAD CROSSING IMPROVEMENTS AT INA ROAD. WHEREAS, the Town of Maran a and the Arizona Department of Transportation (ADOT) desire to have the Union Pacific Railroad Company (UPRR) improve the railroad crossing at Ina Road; and WHEREAS, ADOT has secured $73,286 from the Federal Highway Administration (FHW A) for the UPRR to design, install and construct safety improvements at the Ina Road crossing; and WHEREAS, the Mayor and Council of the Town of Maran a feel it is in the best interests of the public to utilize those funds for such purpose. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the Intergovernmental Agreement between the Town of Maran a and ADOT attached to and incorporated by this reference in this resolution as Exhibit A is hereby ap- proved, and the Mayor is hereby authorized to execute it for and on behalf of the Town of Mar ana. IT IS FURTHER RESOLVED that the Town's Manager and staff are hereby directed and au- thorized to undertake all other and further tasks required or beneficial to carry out the terms, obliga- tions, and objectives of the Intergovernmental Agreement. PASSED, ADOPTED, and APPROVED by the Mayor and Council of the Town of Maran a, Arizona, this 3"' day of January, 2006 Q ~ Mayor Ed Honea ATTEST: ~(j,~ ~Jocelyn C. Bronson, Town Clerk ~,\"UUlll~ $'~~~f.r~~' ~O~~ ~...... .... L - ~ cORPORATE' \ ::: ... r- :: c:x:x> _ _ - = = - - -SEAL- - ~ ~ S ~ ~ ~~ ., ~ ~ ""1 ~11'"I1"\\~ ~ ~/~f:/IZ. 1. 9 ,\~ iIIUn\\~ ADOT JPA File No.: 05-072 AG Contract No.: KR TRN Project No.: STP-000-6 (182) A Project: Cantilevers and Flashers Section: Ina Road, TRACS No.: SR202 01C Budget Source Item No.: N/A INTERGOVERNMENTAL AGREEMENT BElWEEN THE STATE OF ARIZONA AND THE TOWN OF MARANA THIS AGREEMENT is entered into this date , 2005, pursuant to the Arizona Revised Statutes ~ 11-951 through 11-954, as amended, between the STATE OF ARIZONA, acting by and through its DEPARTMENT OF TRANSPORTATION (the "State") and the TOWN OF MARANA, acting by and through its MAYOR and TOWN COUNCIL (the "Town"). I. RECITALS 1 . The State is empowered by Arizona Revised Statues ~ 28-401 and ~ 28-334 to enter into this Agreement and has delegated to the undersigned the authority to execute this Agreement on behalf of the State. 2. The Town is empowered by Arizona Revised Statues ~ 48-572 to enter into this Agreement and has by resolution, a copy of which is attached hereto and made a part hereof, resolved to enter into this Agreement and has authorized the undersigned to execute this Agreement on behalf of the Town. 3. Congress has authorized appropriations for the erection of automatic warning signals, automatic gate anns, plank crossings, pavement markings, and other railroad crossing related appurtenances. 4. A project within the boundary of the Town has been selected by the Town; the field survey of the project has been completed; and the plans, estimates and specifications have been prepared and, as required, submitted to the State and Federal Highway Administration ("FHWA") for their approval. 5. The only interest of the State in the project is in the acquisition of Federal Funds for the use and benefit of the Town by reason of Federal Law and regulations under which funds for the project are authorized to be expended. Exhibit A to Marana Resolution No. 2006-01 Page 2 JPA 05-072 6. The work encompassed in this Agreement is to upgrade the railroad crossing (AARlDOT No. 741- 101-G), by installing a concrete crossing surface (by railroad forces) at Ina Road in Marana, hereinafter referred to as the "Project". The estimated cost of the Project is as follows: Furnish and install a concrete crossing surface (by railroad forces) Federal Aid Funds @ 100% Total Cost of the Project $73.286.00 $73,286.00 THEREFORE, in consideration of the mutual Agreements expressed herein, this Agreement is amended as follows: II. SCOPE OF WORK 1 . The State shall: a. Submit a program containing the aforementioned Project to FHWA with the recommendation that it be approved for construction. b. If such Project is approved for construction by FHWA and the funds are available for construction of the project, the State with the aid and consent of FHWA will authorize the Union Pacific Railroad Company to proceed with the work covered by the State-Railroad Agreement and will request the maximum Federal Funds available. c. Should some unforeseen conditions or circumstances increase the cost of said work required by a change in the extent or Scope of Work called for in this Agreement, the State shall not be obligated to incur any expenditure, on behalf of the Town, in excess of the amount referenced herein, unless and until so authorized in writing by the Town and approved by the FHWA. 2. The Town shall: a. Acquire any necessary right-of-way for this project and hereby certifies that all necessary rights-of-way have been or will be acquired. b. Once acquired, remove from the Town right-of-way all obstructions or unauthorized encroachments of whatever nature, either above or below the surface of the roadway, and hereby certifies that all obstructions and encroachments have been or will be removed there from. c. Agree not to permit or allow any encroachments, except those authorized by permit, upon, or private use of, the Town's right-of-way. In the event of any unauthorized encroachment or improper use, the Town shall take all necessary steps to remove or prevent any such encroachment or use. d. Upon completion of construction, be responsible to provide for, at its own cost and as an annual item in its budget, proper maintenance; such maintenance (exclusive of maintenance by the Railroad Company of its facilities), to include, but is not limited to, traffic signals, signs, islands, curbs and markings necessary for the purpose of regulating, warning and guiding traffic. e. Be responsible to mark and sign railway-highway grade crossings in accordance with the requirements of the current edition of the Manual on Uniform Traffic Control Devices for Streets and Highways, within 45 days after the railroad has completed its work. f. By such regulation as it may by ordinance provide, be responsible to regulate parking and not permit vehicles to be left on the street in any manner other than at and parallel with the curb and to restrict parking so as to prevent conflicts with moving traffic. Page 3 III. MISCELLANEOUS PROVISIONS JPA 05-072 1. The State assumes no financial obligation or liability under this Agreement, or for any resulting construction project. The Town, in regard to the Town's relationship with the State only, assumes full responsibility for the design, plans, specifications, reports, the engineering in connection therewith and the construction of the improvements contemplated, cost over-runs and construction claims. Such assumption of the responsibility by the Town for the benefit of the State in no way acts as a waiver by the Town for the benefit of the railroad company or any responsibility the railroad company has in the design, plans, specifications, reports, the engineering in connection therewith and the construction or the improvements contemplating, cost overruns and construction claims. It is understood and agreed that the State's participation is confined solely to securing Federal Aid; that any damages arising from carrying out, in any respect, the terms of this Agreement or any modification thereof, shall be solely the liability of the Town and that to the extent permitted by law, the Town hereby agrees to save and hold harmless and indemnify from loss the State, any of its departments, agencies, officers or employees from any and all cost and/or damage incurred by any of the above and from any other damage to any person or property whatsoever, which is caused by any activity, condition, misrepresentation, directives, instruction or event arising out of the performance or nonperformance of any provisions of this Agreement by the State, any of its departments, agencies, officers and employees the Town, any of its agents, officers and employees, or any of its independent contractors. Cost incurred by the State, any of its departments, agencies officers or employees shall include in the event of any action, court costs, and expenses of litigation and attorneys' fees. 2. The cost of the design, construction and construction engineering work covered by this Agreement is to be borne by FHWA and the Town, each in the proportion prescribed or as fixed and determined by FHWA as stipulated in this Agreement. Therefore, in the event that funds to match Federal funds are not made available by FHWA, the Town agrees to furnish and provide the State with Town funds in an amount equal to the difference between the total cost of the work provided for in this Agreement and the amount of Federal Aid received, if applicable. 3. This Agreement shall remain in full force and effect until completion of the work herein embraced; provided, however, that any provisions in this Agreement for maintenance shall be perpetual, unless assumed by another competent governmental entity. 4. This Agreement shall become effective upon filing with the Secretary of State. 5. This Agreement may be cancelled in accordance with Arizona Revised Statutes ~ 38-511. 6. The provisions of Arizona Revised Statutes ~ 35-214 are applicable to this Agreement. 7. This Agreement 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. The parties to this Agreement shall comply with Executive Order Number 99-4 issued by the Governor of the State of Arizona and incorporated herein by reference regarding "Non-Discrimination". 8. Non-Availability of Funds: Every payment obligation of the State under this Agreement is conditioned upon the availability of funds appropriated or allocated for the payment of such obligation. 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 or for any damages as a result of termination under this paragraph. 9. In the event of any controversy, which may arise out of this Agreement, the parties hereto agree to abide by required arbitration as is set forth for public works contracts in Arizona Revised Statutes ~ 12- 1518. Page 4 JPA 05-072 10. All notices or demands upon any party to this Agreement shall be in writing and shall be delivered in person or sent by mail, addressed as follows: Arizona Department of Transportation Joint Project Administration 205 S. 17th Avenue, Mail Drop 616E Phoenix, Arizona 85007 (602) 712-7524 (602) 712-7424 (FAX) Town of Marana Attn: Public Works Director 11555 West Civic Center Dr. Bldg. A2 Marana, Arizona 85653 (520) 382-2600 11. Pursuant to Arizona Revised Statutes S 11-952 (D), attached hereto and incorporated herein is the written determination of each party's legal counsel that the parties are authorized under the law of this State to enter into this Agreement and that the Agreement is in proper form. IN WITHNESS WHEREOF, the parties have executed this Agreement the day and year first above written. ?~~ By ED H~ Mayor STATE OF ARIZONA Department of Transportation TOWN OF MARAN A -- By SUSAN TELLEZ Contract Administrator ATTEST: BY~~~~ ~('"JOCEL Y . BRONSON Town Clerk ~\"~~UUII,, ~ OF ~ ~ ~ ~~ ~\\"nr'",,, ~ -~ ~ ~ ~-~ ~"1~~ ::: p ~ cORPORATE \. '"? ~ =r-5 000 e = - '='SEAL;::: - ::; ~ ~:::!! ~~, ~ ~ ~ ~~llllm"\\~ ~ ~-1IYIZ ,\~,.~ ~lllnjn\\\~ G:05-072-Marana-Cantilevers-Flashers-1 na Rd-DRAFT -14Aug2005-slc Attorney Certification The undersigned attorney for the Town of Maran a has determined that this IGA is in proper form and is within the powers and authority granted under Arizona law to the Town of Mar ana. {OOOOI629.DOC /}