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HomeMy WebLinkAboutResolution 85-002 Realignment of Tangerine RoadRESOLUTION NO. 85-02 WHEREAS the Town Council of the Town of Marana, Arizona, in order to provide for the more orderly flow of traffic in an~-through its streets, and comtemplation of future traffic patterns: and WHEREAS the Marana Town Council has determined it to be in the best interests of the residents of the Town and for the safety of its streets for certain realignments of roads existi~g within the Town; and WHEREAS the United States Department of the Interior, Bureau of Reclamation, has committed itself to construct a bridge in the vicinity of Tangerine Road as it crosses the Southern Pacific railroad tracks; NOW, THEREFORE, IT IS HEREBY RESOLVED by the Town Council of the Town of Marana, Arizona as follows: 1. That the Town of Marana does hereby intend to realign that portion of Tangerine Road, said realignment as more specifically set forth and attached hereto as Exhibit A. 2. That the proposed realignment of Tangerine Road shall be constructed and completed no later than January 1, 1986. 3. That the proposed realignment of Tangerine Road shall include approaches to the Bureau of Reclamations' right of way. for the canal as set forth in Exhibit A; PROVIDED~ HOWEVER that the Town shall incur no responsibility for building a 40 foot wide bridge, and necessary road approaches from the bridge abutments to the existing ground. Said bridge approaches are to be constructed in a similar fashion as those constructed in other upstream projects in Reach 3. Said bridge and necessary road approaches are to be the responsibility of the United States DepartGent of the Interior, Bureau of Reclamation. 4. That upon the completion of the realignment of Tangerine Road, and the completion of the bridge and necessary road approaches, the current existing alignment of Tangerine Road from the east right of way line for the canal as reflected in Exhibit A, westerly to the right of way line of the realigned Tangerine Road will be closed to the public. 5. This resolution is contingent upon the Bureau of Reclamation resolving to the satisfaction of the Town any drainage impact caused by the construction or alignments of the canal and its appurtenances. PASSED AND ADOPTED by the Town Council of the Town of Six to Zero this 19th day of Marana, Arizona by a vote of February, 1985. ATTEST: · TOW / -2- DUPUCATE Uhk Contract No. 4-07-32-L0910 UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION CENTRAL ARIZONA PROJECT Contract Between the United States and the Town of Marana Relating to Crossings of the Tucson Aqueduct, Central Arizona Project and Town Roads Paragraph No. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION CENTRAL ARIZONA PROJECT CONTRACT BETWEEN THE UNITED STATES AND THE TOWN OF MARANA RELATING TO CROSSINGS OF THE TUCSON AQUEDUCT, CENTRAL ARIZONA PROJECT AND TOWN ROADS INDEX Title Preamble Scope of the Contract Work to be Done by the United States Plans and Specifications Notices Upon Completion Conveyance of Rights-of-Way to the Town Conveyance of Rights-of-Way to the United States Transfer of Facilities Maintenance Future Crossings and Changes in Crossing Structures Maintenance of Future Crossings Future Plans Liability of the Parties Contingent Upon Appropriations Equal Employment Opportunity Successors and Assigns Covenant Against Contingent Fees Officials Not to Benefit Signatures Page No. 1 2 2 3 3 4 5 5 5 6 7 7 7 8 8 10 10 10 11 UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION CENTRAL ARIZONA PROJECT CONTRACT BETWEEN THE UNITED STATES AND THE TOWN OF MARANA RELATING TO CROSSINGS OF THE TUCSON AQUEDUCT, CENTRAL ARIZONA PROJECT AND TOWN ROADS ~ THIS CONTRACT, entered into as of the 198', pursuant to the Act of June 17, 1902 (32 amendatory thereof and supplementary thereto, .,.", J 28 day of ~ "4rl1Sr Stat. 388), and all acts including but not limited to the Act of August 4, 1939 (53 Stat. 1187), as amended, and the Colorado River Basin Project Act of September 30, 1968 (82 Stat. 886), between the United States of America, hereinafter referred to as the "United States," acting through the Bureau of Reclamation and represented by the Officer executing this contract on its behalf, hereinafter referred to as the "Contracting Officer," and the Town of Marana, Arizona, hereinafter referred to as the "Town," and represented by the Officer executing this contract on its behalf. WITNESSETH THAT: WHEREAS, under the Colorado River Basin Project Act, the Bureau of Reclamation is authorized to construct, operate, and maintain a water delivery system commonly known as the Central Arizona Project, hereinafter referred to as the "Project," and WHEREAS, the Bureau of Reclamation proposes to construct, as a part of the Project, certain works to be known as the Tucson Aqueduct, hereinafter referred to as the "Aqueduct," a portion of which will be located within the boundary limits of the Town of Marana, Pima County, Arizona, and the United States has or will acquire lands and easements for the Aqueduct; and WHEREAS, the Town now has a system of roads, and may from time to time relocate or add to these roads and has or will acquire lands and easements for such roads; and --1-- WHEREAS, construction in connection with the Aqueduct and the Town road system will require the construction, reconstruction, modification, relocation, operation, and maintenance of crossings and roads and the parties hereto wish to establish in advance the conditions under which such crossings and roads will be constructed and maintained; NOW, THEREFORE, in consideration of the mutual stipulations and covenants herein contained, it is hereby agreed as follows: SCOPE OF THE CONTRACT 1. The following work shall be performed under conditions hereinafter set forth: a. Construction of a crossing to provide for a 55 mph design speed hereinafter designated as "Number 1," located where the proposed realigned Tangerine Road crosses the Aqueduct in Section 31, Township 11 South, Range 12 East, G&SRM. b. Construction of a crossing and any necessary road approaches hereinafter designated as "Number 2," located where Avra Valley Road and the Aqueduct cross in Section 10, Township 12 South, Range 11 East, G&SRM. c. Construction of a crossing hereinafter designated as "Number 3," located where Twin Peaks Road and the Aqueduct cross in Section 14, Township 12 South, Range 11 East, G&SRM. WORK TO BE DONE BY THE UNITED STATES 2. The United States, at its sole expense, shall perform the work described in Paragraph 1, with its own forces or through responsible contractors employed by it in accordance with plans and specifications approved in advance by the Town, and shall furnish all engineering work, labor, and materials therefor. The United States will conduct its construction operations so that there will be a minimum of interference with or interruption of --2-- traffic and will require its contractor to observe standard regulations of the Town with respect to handling of traffic; and to provide, erect, and maintain all necessary barricades, suitable and sufficient warning lights, danger signals, and signs; and to take all necessary precautions for the protection of the work and safety of the public. In the event such construction requires blocking of vehicular traffic, adequate detours will be provided. In addition, the United States will provide for any necessary road markings during the construction period. PLANS AND SPECIFICATIONS 3. The United States has prepared a map showing the location of the Aqueduct and all work contemplated by the United States under this contract. Each crossing is identified on the map by its number as designated in Paragraph 1. The map (Drawing No. 344-330-4863) is attached, marked Exhibit "A," and by reference made a part hereof. It is mutually agreed that the United States at an appropriate date will prepare the plans and specifications for the crossings and road approaches referred to in Paragraph 1 and submit them to the Town for approval no less than ninety (90) days before construction is scheduled to start. If written objections to such plans are not received by the United States within sixty (60) days thereafter, it may be assumed that the plans have been approved by the Town. It is further agreed that the design standards for the crossings and road approaches shall meet the 55 mph speed standards established by the Town for its existing and proposed road system. The crossings shall be designed for HS-20-44 loading. The total clear roadway width of each crossing will be thirty-two (32) feet. NOTICES UPON COMPLETION 4. a. When any portion of the work to be done by the United States as provided in Paragraph 1 has been completed, the United States shall send written notice of such completion to the Town. --3-- Within sixty (60) days after receiving written notice of the completion of the work, if construction is unsatisfactory to the Town, notice thereof in writing shall be given to the United States. Failure by the Town to give such notice within sixty (60) days after the receipt of the notice of completion sent by the United States shall be deemed conclusive evidence of approval of such work by the Town. It is understood and agreed by the parties hereto that disapproval of the work shall not be given for inconsequential reasons. b. Notices in the behalf of the United States shall be given by or to the: Construction Engineer Bureau of Reclamation Arizona Projects Office P.O. Box 9980 Phoenix, Arizona 85068 Notices in behalf of the Town shall be given by or to the: Town of Marana 12775 North Sanders Road Marana, Arizona 85238 CONVEYANCE OF RIGHTS-OF-WAY TO THE TOWN 5. a. The United States hereby agrees to grant to the Town, subject to the provisions of this contract, perpetual rights to construct, reconstruct, modify, operate, and maintain road works upon or across any works or rights-of-way of said Aqueduct. The rights in each instance shall be effective from the date of the approval by the United States of the application by the Town. b. The United States will acquire without cost to the Town the necessary rights-of-way for the crossings and road approaches. The rights-of-way for the crossings and road approaches will be conveyed to the Town. The foregoing rights-of-way will be noted on review plans prior to the Town's acceptance. Any concerns of the Town will be met and addressed to the Town's satisfaction in the review process. --4-- CONVEYANCE OF RIGHTS-OF-WAY TO THE UNITED STATES 6. The Town hereby grants to the United States permission to construct, reconstruct, modify, operate, and maintain the features of the Aqueduct upon or across any Town road or right-of-way. The rights shall be effective from the date of execution of this contract by the Town and the United States. In those instances where the Town holds fee title to rights-of-way within the limits of the rights-of-way for said Aqueduct, the Town shall by Warranty Deed, convey its interest to the United States reserving such easements as may be necessary for its highway system. TRANSFER OF FACILITIES 7. When all the work provided for in Paragraph 1 has been completed to the satisfaction of the Town, the United States shall cease to have any obligation or liability to the Town or to any third party in connection with the construction, operation, and maintenance of said crossings, or roads; and the Town agrees that the aforesaid construction of the crossings and roads by the United States as herein provided, shall be accepted as full and just compensation for the crossing of Town roads and rights-of-way by the works of the United States. MAINTENANCE 8. a. The Town shall be responsible for the maintenance of all crossings and roads constructed under the terms of this contract except that the United States shall be responsible for the maintenance of the water prism of the Aqueduct under said crossings. b. It shall be the duty of the United States and the Town to maintain their respective facilities in such a manner as to be deemed safe and in repair and to replace their respective facilities, at their own expense as the necessity arises, consistent with customary management practices. All such work shall be done without interference with the operation of the works of the other. --5-- c. All work done by the United States or the Town in maintaining or replacing their respective facilities shall be done in a good and workmanlike manner. In the event the United States or the Town shall fail, refuse, or neglect to maintain their respective facilities as in this article provided, the other party may, after thirty (30) days written notice, replace, reconstruct, repair, or change any of said facilities forming a part of the waterway works or road works, in such manner as it shall determine; Provided, however, That in the event of an emergency, one party may, with the written assent of the owning or responsible party, perform necessary emergency maintenance work required to protect said facility, at the expense of the party who has the obligation to pay for said work, and the party whose facilities have been replaced, reconstructed, repaired, or changed shall reimburse the other party for the entire cost and expense thereof within ninety (90) days after submission of a written statement or statements showing in detail the items of expense included in the cost of the same. The party who has to pay the cost shall, at its sole cost and expense, make whatever audits are necessary to verify the correctness of such statement or statements. FUTURE CROSSINGS AND CHANGES IN CROSSING STRUCTURES 9. a. All future crossings shall be entered into under the authorities vested in this contract. After the completion of the initial construction of any crossing provided for in Paragraph 1, all subsequent alterations, relocations, or additional crossings shall be made at the sole expense of the party desiring such alteration, relocation, or additional crossings, except as the other party shall desire a modification in such plans, in which event, the initiating party shall bear only so much of the cost as would be incurred in the absence of such change. b. The party desiring alterations, relocations, or additional crossings shall prepare an application stating such, together with the necessary plans and specifications and submit them to the other party no later than ninety (90) days before construction is scheduled to start. The --6-- party receiving said plans and specifications shall approve or disapprove the same within ninety (90) days of receipt. If approved, a crossing permit or license shall be issued by the party receiving the request. It is understood and agreed by the parties hereto that disapproval shall not be given for inconsequential reasons. c. When work has been completed under the provisions of this paragraph, the party completing said work shall send written notice of such completion to the other party. Within sixty (60) days after receiving the written notice of the completion of the work, if the construction is unsatisfactory to the party receiving said notice, notice thereof in writing shall be given to the constructing party. Failure to give such notice within sixty (60) days after the receipt of the notice of completion shall be deemed conclusive evidence of approval of such work. It is understood and agreed by the parties hereto that disapproval of the work shall not be given for inconsequential reasons. Plans, specifications, notices, etc., shall be sent by and to the parties designated in Paragraph 4b. MAINTENANCE OF FUTURE CROSSINGS 10. Maintenance of all future crossings shall be the responsibility of the party requesting the crossing, unless other provisions have been made. FUTURE PLANS 11. The Town and the United States, when applying for permission to cross or to alter, improve, or relocate existing crossings and at other times, shall advise the other party of possible future works or changes in existing works which may affect the planning, construction, operation, or maintenance of works by the other parties. LIABILITY OF THE PARTIES 12. With respect to the use of right-of-way pursuant to this contract, including but not limited to the construction, operation, and --7-- maintenance of works pursuant to such grants, each of the parties hereto utilizing such rights-of-way to the extent authorized by law only, agrees to release the granting party from all liability for damages incurred by the using party in such use; Provided, however, That nothing contained in this clause shall be deemed to modify or limit any liability which may be imposed by the Federal Tort Claims Act, 28 U.S.C., Section 2671 ~~ (1970). CONTINGENT UPON APPROPRIATIONS 13. Under this contract, the liability of the United States is contingent on the necessary appropriations being made therefor by the Congress and an appropriate reservation of funds thereunder. Further, the United States shall not be liable for damages under this contract on account of delays in payments due to lack of funds. EQUAL EMPLOYMENT OPPORTUNITY 14. During the performance of this contract, the Town in this article referred to as the Contractor, agrees as follows: a. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to insure that applicants are employed and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection for training, including apprentice- ship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Contracting Officer setting forth the provisions of this nondiscrimina- tion clause. b. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all --8-- qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. c. The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency Contracting Officer; advising the labor union or workers' representative of the Contractor's commitments under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. d. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. e. The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. f. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rules, regulations, or order of the Secretary of Labor, or as otherwise provided by law. g. The Contractor will include the provisions of Paragraphs (a) through (g) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase --9-- order as the contracting agency may direct as a means of enforcing such provisions including sanctions for noncompliance; Provided, however, That in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the Contractor may request the United States to enter into such litigation to protect the interest of the United States. SUCCESSORS AND ASSIGNS 15. This agreement shall be binding upon and inure to the successors and assigns of the parties hereto. COVENANT AGAINST CONTINGENT FEES 16. The Town warrants that no person or agency has been employed or retained to solicit or secure this instrument upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial agencies maintained by the Town for the purpose of securing business. For breach or violation of this warranty, the United States shall have the right to annul this instrument without liability or in its discretion, to require the Town to pay the full amount of such commission, percentage, brokerage, or contingent fee. OFFICIALS NOT TO BENEFIT 17. No Member of or Delegate to Congress, or Resident Commissioner shall be admitted to any share or part of this contract or to any benefit that may arise herefrom, but this restriction shall not be construed to extend to this contract if made with a corporation or company for its general benefit. --10-- IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed as of the day and year first above written. Approved as to Legal Sufficiency THE UNITED STATES OF AMERICA By ~~ L. A.-~ Field lie! tor S-J-,j, BJ!iilt:;:/k~ ACllNG Regional Director, Lower Colorado Region, Bureau of Reclamation TOWN OF MARANA //l l--r- \ By YA~1 t.v. . Y-'(~~'~~-J Title I-.AO-'!A C?1j \ --11-- ACKNOWLEDGMENT State of ) ) ss ) County of The foregoing instrument was acknowledged before me /1 . , 19 /1 S, by /(;y~L? ~^~ this -lr:LJ .tci r:L-A-L-4 I , ,) day of on behalf of the Town of Marana. c~~.JI.~~ ..I.L<-U Notary Pu ic in and for did County and State My Commission Expires: /JZU4t" .;::: I. /917 (SEAL) ACKNOWLEDGEMENT State of Nevada ) ) ss ) County of Clark On this "\ o,t&' ':""f?-'.- day of ,r ({~_A:...';u Ld f f , 198~, before me, r'"1;,,,,...,.,,, 1lI:~ .t..,~~~!...~-...&I z.. ."..'. c" , a Notary Public in and for said County and State personally appeared EIIYARD I.IIALLENBECK ~IING Regional Director, Lower Colorado Region, Bureau of Reclamation, United States Department of the Interior, known to me to be the person described in the foregoing instrument, and acknowledged to me that he executed the same on behalf of the United States of America in the capacity therein stated and for the purpose therein contained. My Commission Expires: OFFICIAL SEAl. REBECCA A. DALTON NOTARY PUBLIC. NEVADA Mv Ccmmissio.l Exp. A'ug. 7, 1986 L~_~~~~~~~qP.__________~ (SEAL)