HomeMy WebLinkAboutResolution 93-026 IGA with ADOT relating to the railroad crossing at tortolita mountain roadRF-qOLUTION NO. 93-26
A RESOLUTION OF THE MAYOR AND COUNCI~ OF THE TOWN OF MARANA,
ARIZONA, AUTHORDqNG AND RATIFYING THE EXECUTION OF AN
INTERGOVERNMENTAL AG~ BETW~.gN THE TOWN OF MARANA AND TH~
ARIZONA DEPARTMENT OF TRANSPORTATION R~LAT[NG TO THE CONSTRUCTION
AND MA]I~FENANCE OF TH]E RA]LROAD CROSSING AT TORTORLITA MOUNTAlaN
ROAD
WHEREAS the Town of Mararia and the Arizona Department of Transportation wish to
enter into an agreement to provide for the construction and maintenance of the railroad crossing
at Tortorlita Mountain Road; and
WI-IF_REAS such agreement is authorized pursuant to A.R.S. §48-572 (as amended) rand
is hereby determined to be in furtherance of the public health, safety and welfare of the citizens
of the Town;
NOW, THEREFORE, UPON MOTION DULY MADE, SECONDED AND CARRIED,
BE 1T RESOLVED by the Mayor and Council of the Town of Mararia, Arizona:
That the Town of Marana enter into an Intergovernmental Agreement which is attached
hereto, with the Arizona Department of Transportation which agreement will provide for
construction and maintenance of a railroad crossing to be erected on Tortorlita Mountain Road
within the town limits of Mararia, and
That the Mayor is hereby instructed and authorized to sign the said Intergovemmer~i
Agreement for the Town of Marana
PASSED AND ADOPTED by the Mayor and Council of the Town of Mararia, Arize::2,
this ls~:day of June, 1993.
AS TO ~ORM:
Mayor ORA HARN
i)',",
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. .
ARIZONA ....,EP ARTMENT OF TRANSPlJRT A TION
HIGHWAY DIVISION
206 South Seventeenth Avenue - Phoenix, Arizona 85007-3213
(I
FIFE SYMINGTON
Govemor
November 12, 1993
GARY K. ROBINSON
Stale Engineer
LARRY S. BONINE
Director
Mr. C.J. Burroughs
SOUTHERN PACIFIC TRANSPORTATION COMPANY
Southern Pacific Building
One Market Plaza, Room 1001
San Francisco, California 94105
RE: TRACS No. 0940 PM MRN SR070 01C
Project No. RRP-000-6(60)P
RAIL/HIGHWAY SAFETY PROGRAM
Tortorita Mountain Road
Agreement No. 1610-93-SPTC
SOUTHERN PACIFIC TRANSPORTATION COMPANY
AAR/DOT No. 741-085-A
RR MP B 961.33
RR File No. 927 845/321.2
ACC Docket No. R-2640-93-232
Dear Mr. Burroughs:
Enclosed is an approved copy of our Agreement on the above captioned
project. This is your authorization to proceed with the
construction in accordance with the terms of our approve Agreement.
Please notify our District Engineer,
620-5414, a minimum of three days prior
project.
William Higgins at (602)
to beginning work on this
If additional work will be required during the course of
construction or the estimates attached to our Agreement will be
exceeded, you must contact this office immediately for authorization
to exceed or modify your estimates. When the project is completed,
if there are any materials to be returned, destroyed or salvaged,
please notify this office where the material can be inspected.
Please advise this office,
commencement and completion
made without these dates.
in writing, of
dates. Final
the actua 1 const ruct ion
reimbursement cannot be
Sincerely,
JBS:cms
Enclosure
c: G. Robert Starkey, ACC
~+vL-
JOHN B. SYERS, III.
Railroad Engineering Coordinator
UTILITY & RAILROAD ENGINEERING SERVICES
Mail Drop 618E 255-7541 Room 118E
HIGHWAYS
AERONAUTICS
MOTOR VEHICLE
PUBLIC TRANSIT
ADMINISTRATIVE SERVICES
TRANSPORTATION PLANNING
','
f...' /' _: 1." 0 5' G;... - !i:..~A':
I '\.:~~:t '~.:I '::. ' .,
ARIZONA DEPARTMENT OF TRANSPORTATION -~-----.,--
HIGHWAYS DIVISION
UTILITY AND RAILROAD ENGINEERING SERVICES
RAILROAD AGREEMENT
FEDERAL AID
Agreement No. 1610-93-SPTC
TRACS NO. 0940 PM MRN SR070 OlC
Project No. RRS-000-6(60)P
RAIL/HIGHWAY SAFETY PROGRAM
Tortorlita Mountain Road (MARANA)
AAR/DOT No. 741-085-A
RR File No. 927 845/321.2
THIS AGREEMENT
is by and between
the
SOUTHERN PACIFIC
TRANSPORTATION COMPANY, a corporation, herein termed "RAILROAD," and
STATE OF ARIZONA, DEPARTMENT OF TRANSPORTATION, HIGHWAYS DIVISION,
herein termed "STATE".
RECITAL:
The parties hereto desire to set forth by this instrument their
understanding and agreements with respect to the installation of
railroad protective devices at Tortorlita Mountain Road ln the
County of Pima, State of Arizona / where same crosses the property
and tracks of RAILROAD at railroad milepost B 961.33.
AGREEMENT:
NOW THEREFORE, it is mutually agreed as follows:
1. RAILROAD shall furnish all necessary labor, materials,
tools, and equipment and shall perform the following work:
Install two (2) flashing light grade crossing signals augmented
with automatic gate arms, together with necessary actuating and
operating circuits and adequate instrument housing, hereinafter
collectively referred to as "SIGNALS," at said crossing. Said
SIGNALS shall be located approximately as described in EXHIBIT "B,"
attached to and made a part hereof. Said installation shall comply
with the latest standards prescribed by the Association of American
Railroads and the Manual On Uniform Traffic Control Devices, Part
VIII.
2. It lS agreed that the work to be performed by RAILROAD is a
part of a Federal-Aid project. Pursuant to the provisions of
Federal-Aid Policy Guide Subchapter B Part 646 Subpart B, there is
no ascertainable net benefit to RAILROAD, and STATE agrees to
reimburse RAILROAD for ninety percent (90%) of the cost and expense
incurred in the furnishing of materials and performing the work of
installing SIGNALS, as described in the "Summary of Estimate,"
marked EXHIBIT "A," attached to and made a part hereof. Pursuant to
A.R.S. Subsection 40-337.02, the remaining ten percent (10%) of cost
of furnishing and installing SIGNALS shall be billed directly
against the Arizona Corporation Commission.
3. It is understood and agreed that STATE is acting solely as
2 of 8
Agreement No. 1610-93-SPTC
an agent for the Town of Marana in securing and administering
Federal funds for that certain Project No. RRS-000-6(60)P. STATE's
liability is expressly limited to the securing and administering of
Federal funds and STATE assumes no other liability hereunder for the
Town of Marana.
4. Prior to commencing construction, RAILROAD agrees to notify
STATE, in writing, of the actual construction start date. Upon
completion, RAILROAD agrees to notify STATE, in writing, of the
actua 1 comp letion date. The construct ion s ta rt date sha 11 not be
prior to receiving a notice to proceed from STATE. Construction
progress payments shall not be made without the actual construction
s tart date. Fina 1 payment sha 11 not be made wi thout the actua 1
construction completion date.
5. Following execution of this instrument, RAILROAD will order
the delivery of all materials required to perform the work
contemplated herein and shall submit to STATE, upon receipt of all
the aforementioned materials, a bill for eighty percent (80%) of
STATE's share of the estimated cost of materials to be furnished by
RAILROAD. As soon as the crossIng signals have been placed in
operation, RAILROAD shall submit to STATE a final bill for STATE's
actual share of the cost of work performed by RAILROAD, less the
progress payments made by STATE hereunder. Ten percent (10%) of
partial or final payments shall be withheld by STATE until a final
3 of 8
Agreement No. 1610-93-SPTC
audi t is made of the records of RAILROAD by the Arizona Department
of Transportation External Audit Group. After said audit, RAILROAD
shall be reimbursed for any monies due as determined by the final
audit. All billings shall contain STATE's project number and
agreement number. The billing shall be forwarded to:
Arizona Department of Transportation
utility & Railroad Engineering Services
Room 618E
205 South 17th Avenue
Phoenix, Arizona 85007
6. After installation of SIGNALS have been completed, RAILROAD
shall maintain same as long as they remain in place.
7. The work to be performed by RAILROAD hereunder shall be
commenced following execution of this instrument, and shall be
completed within such time as is ordered by the 'Arizona Corporation
Commission in its Opinion and Order.
8. All work to be performed by RAILROAD hereunder shall be
done on a force-account basis. STATE's share shall be paid to
RAILROAD in the manner hereinafter set forth.
All expenses incurred by RAILROAD for work which
obligated to reimburse RAILROAD for hereunder, including
STATE is
all wo r k
4 of 8
Agreement No. 1610-93-SPTC
American Arbi tration Association then obtaining; provided, however,
that claims or disputes arising out of personal injury, death,
property damage, or environmental incidents shall not be subject to
a rbi t rat ion wi thou t the concurrence of both pa rt ies, except to the
extent otherwise required by the rules of Arizona courts.
11. In compliance with the regulations of the Department of
Transportation, RAILROAD hereby agrees to comply fully with all of
the provisions of Appendix A, attached hereto and by this reference
made a part of this Agreement; provided, however, that Appendix A
shall be applicable only In those cases where RAILROAD does not
perform the work contemplated in this Agreement with its own forces.
12. This Agreement is subject to the budgetary limitations set
forth in Arizona Revised Statutes Subsection 28-1823 through 28-1826
inclusive and is further subject to the provisions of Chapter I of
Title 35, Arizona Revised Statutes.
13. STATE and RAILROAD each agrees to be liable to the other
party for its own acts of negligence and the negligence of its own
employees.
14. This Agreement shall inure to the benefit of and be binding
upon the successors and assigns of RAILROAD and the assigns of STATE.
15. RAILROAD is required to comply with Executive Order 75-5,
"Non-Discrimination In Employment by Government Contractors and
Subcontractors," which is hereby included in its entirety by
6 of 8
Agreement No. 1610-93-SPTC
reference and considered a part of this Agreement.
16. Pursuant to A.R.S. Subsection 38-511, STATE may cancel this
Agreement, without penalty or further obligation, if any person
significantly involved in initiating, negotiating, securing,
drafting or creating the Agreement on behalf of STATE or any of its
departments or agencies is, at any time while this Agreement or any
extension of it is in effect, an employee of any other party to this
Agreement with respect to the subject matter of this Agreement.
7 of 8
Agreement No. l6l0-93-SPTC
1-
IN WITNESS WHEREOF, the parties have executed this Agreement as
of the day and year signed by both parties.
SOUTHERN PACIFIC
TRANSPORTATION COMPANY
ARIZONA DEPART. OF TRANSPORTATION
HIGHWAY DIVISION
I .J .
'/, '/'u.. .
Recommended By //~~.~ / -'/.?v--.........-....
Manager, Utility & Railroad Engr.
,1
By Ii.
17
Its'
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-[0,,:> j. " > )
By
LARRY S. ~ONINE, Dir~ctor
,-:- .;'.- .- ./ ,~. ,
r~--f.'/ / - ./-. _~...-::'.~---::" ~~_
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....,...':",..~.. ("!'1...~...:::,..t6"
;---'~fu.:J~'_f~".,.,- ;;;1\,..,.0
Its
DEPUTY STAT~ ENGINEER
7..<.'~~';""]
Date
~)...~ 191~
,
Date
STATE OF CALIFORNIA )
) ss.
COUNTY of SAN FRANCISCO)
The foregoing
day of ()~~\,.c
MANAGER-CONTRACTS of
Delaware corporation,
"qir.r
instrument was ac..knowledged before me this d. /-
199~, by Ms. J. L. Wahler, the
SOUTHERN PACIFIC TRANSPORTATION COMPANY, a
on behalf of the corporation.
;----=.--~~.-.- ."":)..... ~----------,.
> /-:F1y~oml$1*,~g-o/*J..~pi~e's:
( "'-0""",-+1 >i-:.\ r-:cic"{ Pubiic.Cc'! i
.- '. ~-~::; ~.":'.": ~~.;NC1S.:8
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~i~ 'll "J :') 1
Notary Public
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l______...-_~~3:;,..';'O":;;-_. ~ . _ _ _,
STATE OF ARIZONA )
)ss.
COUNTY of MARICOPA)
The foregoing
,;.-
this /,] day of
MICKELSON, the Deputy
of Transportation.
instrument was acknowledged before me
~)t-"(~I , 1993', by ROBERT P.
State 'Engineer of the Arizona Department
My Commission Expires:
My Coillm~ Exoires May 7, 1996
)j . / - [/J .
. .(cZ"'(Il((' l(('(
Notary Public
8 of 8
Agreement No. 1610-93-SPTC
COST ESTIMATE
SUMMARY
SIGNAL
Labor $ 21,955.00
Material $ 56,255.00
Other $ 26,050.00
TOTAL $104,260.00
ACC Portion $ 10,426.00
ADOT Portion $ 93,834.00
EXHIBIT "A"
Agreement No. 1610-93-SPTC
Sheet 1 of 3
L
DETAIL Of ESTIMATE
SUMMARY BY LINE NUMBERS
FORM 30 NUMBER:
GMO
MO
YR
02/05/93
C.S. F-30
JLD
FILE # 927845/321.2
DIVN. TUCSON
MILEPOST B-961.33
STATION: MARANA
SUBJECT; INSTALL CROSSING WARNING SYSTEM AT TORTOLITA MTN. ROAD
MATERIAL
GATE MECH W/ARM UP TO 26' EA
FLASHING LIGHT SIGNAL TWO WAY IND EA
FLASHER SIGNAL FOUNDATION EA
GCP MODEL 3000 SINGLE SYS 80000-lll-SP EA
GCP MOD 3000 SINGL SYSID aOlOQ-lll-SP EA
WIDE BAND SHUNT EA
TUNABLE NARROW BAND SHUNT- 86 HZ EA
TUNABLE NARROW BAND SHUNT-156 HZ EA
SURGE SUPPRESSORS LT
LIGHTING TRANSFORMER EA
BATT. NICAD (160 AMP HOUR CELLS) EA
AUTOMATIC RECTIFIER (40 AMP) EA
POWER PANEL W/BREAKER & GFI EA
RELAY HOUSING (6 X 6) EA
SHOP MATERIAL LT
RLY HOUSING FOUNDATION PIERS FOR HOUSE EA
PLUG-IN LINE RELAY EA
PLUG-IN HD LINE RELAY EA
PLUG-IN POWER OFF RELAY EA
PLUG-IN FLASHER RELAY EA
INSULATED BONDSTRANO FT
CONDUIT & FITTINGS FT
1 CONO # 6 FT
1 COND # 10FT
AC SERVICE MATERIAL LT
MISC SIGNAL MATERIAL LT
2
2
2
1
1
4
2
2
1
1
'3
1
1
1
1
4
2
3
1
1
500
175
3150
1350
1
1
S 5800.00
S 2700.00
$ 400.00
S 7075.00
S 14155.00
S 500.00
S 1050.00
S 890.00
$ 800.00
$ 270.00
$ 770.00
$ 565.00
$ 50.00
$ 5600.00
$ 1105.00
$ 320.00
S 880.00
S 1680.00
$ 430.00
S 445.00
$ 500.00
S 1140.00
S 850.00
S 175.00
$ 1500.00
S 1490.00
LABOR COSTS
TOTAL AMOUNT FOR MATERIALS S 51140.00
ELECTRICAL LABOR
SIGNAL LABOR
SIGNAL SHOP LABOR
TRAVEL EXPENSE
$ 1500.00
S 10500.00
S 2335.00
S 2425.00
TOT.;L LABOR S 16760.00
S 200.00
PERSONAL EXPENSES
Agreement No. 1610-93-SPTC
EXHIBIT "A"
Sheet 2 of 3
.;.
L
PAGE 2
DETAIL OF ESTIMATE
02/05/93
FILE # 92784S/32~.2
DIVN. TUCSON
MILEPOST 8-961.33
STATION: MARANA
SUBJECT: INSTALL CROSSING WARNING SYSTEM AT TOR~OLITA MTN. ROAD
DESCRIPTION
SUB TOTAL
EQUIPMENT RENTAL
FREIGHT
PRELIMINARY ENGINEERING
MATERIAL HANDLING CHARGE
VACATION ALLOWANCE
HOLIDAY PAY
HEALTH AND WELFARE
PAYROLL TAXES
PO PL AND WC INSURANCE
ACCOUNTING AND BILLING
CONTINGENCIES
SIGNAL WORK
TOTAL COST
104260
LESS SALVAGE
o
NET COST
104260
Agreement No. 1610-93-SPTC
EXHIBIT "A"
Sheet 3 of 3
.;.
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;IETE::RICH, "1ST REORDER NO. 1.~53
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APPE;:DIX A.
(Revis ed)
II EQUAL OPPORT~~ITY
1. Selection of Labor:
During the performance of this contract, the contractor
shall not discriminate against labor from any other State, possession
or territory of t~e United St~tes.
2. Emolovrnent Practices:
During the perfo~4nce of this contract, the contractor
agrees as follo~s:
a. The contractor will not discriminate against any employee or
applicant for e~oloj~ent ~ecause of race, color, religion, sex. or
national ori~in. The coneraceor iJill take affir:?<ltive ace ion to ensure
that applicanes are employed. and that employees are treated. during
employmene without regard to their race, color, religion. sex. or
naeional origin. Such action shall include, Due not be li~ieed to the
follOiying: enoloymene, upgrading, demoeion or transfer; rec::-ui:ment or
recruitment advertising; layoffs or termination; rates or payor other
forms of compensation; and selection for training, including apprentice-
ship. The coneractor ag::-ees to post in conspicuous places. available
to emoloyees and applicanes ror emplo:~ene, noeices to be provided by
the Seaee highway depare:ent setting foreh the provisions or this
nondiscrimination clause.
b. The coneractor will. in all solicitations or advertisements
for emoloyees placed by or on behalf or the contractor, state that all
qualified applicanes will receive consideration for employment without
re~ard to race. color. religion, sex. or naeional ori~in.
c. The contractor ~yill send to each labor union or reoresentative
or workers wich ~;hic~ he has a collcc=ive bar;aini~~ ag~ee~e~c or ocher
contract or unde~s~anding, a notice to be ?~oviced by ~he Stace highway
de?a~:~ent advising the said labor union or wor~e~s' reoresencative of
the contractors co~i~ments under c~is sec~ion 11-2 <lnd shall ?ost
copies or ~~e nOCice in conspicuous places avai:able to esoloyees and
applicQnc5 for employ~en:.
d. The concractor will comply with all provisions of ExecuCive
Orcie~ 11246 or Sepcesbe~ 24, 1965, and or the rules. regul~cions (41
C:R, 2ar:: 60) and rele'lanc orders or the Secre~ar:! of Labor.
e. The concrac:o~ ~ill furnish all informaCion and reports requi::-ed
by Execueive Order 11246 or Seocember 24, 1965, and by rules, regulacions
and or~ers or che S~crec~~: or LdDor. or pursuant thereco. and ~ill
pe~i: access co n~s boo~s, records and ~CCouncs by the ?ederal Highway
Administ::-acion and che Secreca~' of Labor for pur?oses or invescigacion
Co ascertain compliance with such rules, regulations and orders.
Agreement No. 1610-93-SPTC
Sheet 1 ,of 3
f. In the event or the contractor's noncompliance with the non-
discrimination clauses of this contract or'with any of the said rules,
regulations or orders, this contract may be canceled. te~inated or
suspended in whole or in. par: and the contractor may be declared in-
elegible for further Gove~ment contracts or Federally-assisted con-
struction contracts in accordance with procedures authorized in Exe-
cutive Order 11246 of Se?te~ber 24, 196j, and such other sanctions
may be imposed and remedies invoked as provided in Executive Order
11246 of September 24, 1965, or by rule, regulation or order or the
Secretary or Labor, or as othen.ise provided by law.
g. The contractor w~ll include the provisions of this Section
11-2 in eveD' subcontr~c: or purchase order unless exemoted by rules,
regulations or orders oE t~e Secr~tary of Labor issued pursuant to
section 204 of Executive Order 11246 of September 24, 1965, so that
suc~ provisions will be binding upon each subcontractor or vendor.
The contractor will take such action with respect to any subcontract
or purchase order as the State highHay depart:nenc or the Federal
Hig:.~,;ay Adninistration :nay direct as a means or enrorcing such provi-
sions including sanctions for noncompliance: Provided, hm.ever, that
in the event a contractor becomes invo~'ed in, or is threatened with
litig~tion with a subcontractor or vendor as a result of such direction
by the Federal High~.av Ad:::inistration, the contractor may request the
United States to encer into such liti;ation to protect the interests
or the United States.
3. Selection of Subcontraccors. Procurement or ~,raterials. and
Leasi~2 or ~8uio2ent:
Durin~ che per:o~~nce or this concrac:, the contractor, for
icself, its assignees and successors in interest (hereinafter referred
to as the "contractor") agrees as tollows:
a. Co~oliance ~i:h ~egulations: The contractor shall co~?ly with
the Re~ulations relacive Co nondiscri2ination in federally-assisted
programs of the Deparcmenc of Transoorcacion, Title 49, Code of Federal
Regulations, Par: 21, as they may Qe amended from ti2e to time.
(hereinaf:er rererred co as the Regulations), which are herein incor-
porated by reference and ~aae a par: or this contract.
b. ~ondiscrimination: The contraccor, with reg~rd Co the work
per:o~ed by it duri~g the contract, shall not discri~inate on the
grounds or race, color. or national origin in the selection and
recencion or subconcractcrs, inc~uding procurements or ~aterials and
leases or equi?~ent. The concractor shall not particiDate either
directly or indirectly in the discrimination prohibited QY seccion
21.5 of the Regulations, including employment practices when the
contract covers a progra~ set forth in Appendix 3 of the Regulations.
c. Solicitations for Subconcracts, Including Procurements of
~acerials and Equipmen:: :n all solicitations either by competi:ive
bidding or negotiation ::lade by the contractor :or ,,,ork to be per:or::1ed
under a subcontract, including procure:nents of ~aterials or leases
of equipment. each potencial sUDcontractor or suoplier shall be
notified by the concractor or the contractor's obligacions under
this contract and the Regulations relacive Co nondiscrimination on
the grounds or race, color, or national origin.
Agreement No. 1610-93-SPTC
Sheet 2 of 3
.;.
-2-
d. Infor~cion and Re?orcs: The concractor shall provide all
informacion and reports required by the Regulations, or directives
issued pursuanc thereto, and shall pe~it access to its books, records,
accounts, other sources of information, and its facilities as may be
determined by the State highway department or the Federal Highway
Administr~tion to be pertinent to ascertain compliance with such
Regulations or directives. t~nere any information required of a
contractor is in the exclusive possession of another who fails or
refuses to furnish this information the concractor shall so certify
to the S tate highway depart:nenc, or the Federal High~.,ray Administration
as appropriate, and shall set forch what efforts it has made to Obtain
the information.
e. Sanctions for Nonco~?liance: In the event of the contractor's
noncompliance with the nondiscrimination provisions or this concract,
the State high~.,ray department shall impose such contract sanctions
as it or the Federal Highway Administration may determine to be
appropriate, including, bue not limited to:
(1) ~.,rithholding of pa~~ents to the contractor under the
contract until the contractor complies,_and/or
(2) cancellation, termination or suspension of the contract,
in whole or in par:.
t. Incorporation of Provisions: The contractor shall include
the provision or this paragraph J in every subcontract, including
procurements of materials and leases or equipment, unless exempt by
the Regulations,or directives issued pursuant thereeo. The concractor
shall take such action with respect to any subcontractor or procurement
as che S tace high~,;ay deparcillent or the Federal Highway Administration
may direct as a means or enforcing such provisions including sancCions
for noncompliance. Provided, however, chat, in the event a concractor
becomes involved in, or is chreatened wich, litigation wit~ a subcon-
tractor or supplier as a result or such direction, the contractor
may request the State high~ay depart~enc to enter into such litigacion
to ?rocect the interescs 0: the State, and, in addition, the concractor
may request the United Sta~es to enter into such litigation to protect
the interests or the United Staces.
Agreement No. 1610-93-SPTC
Sheet J of J
HIGHWAY DIVISION
206 South Seventeenth Avenue - Phoenix, Arizona 85007-3213
(I
.
ARIZONA.L -::PARTMENT OF TRANSPL _~TATION
November 12, 1993
e
GARY K. ROBINSON
State Engineer
FIFE SYMINGTON
Governor
LARRY S. BONINE
Di rector
Mr. Hurvie E. Davis
Town Manager
TOWN OF MARANA
13251 North Lon Adams Road
Marana, Arizona 85653
RE: TRACS No. 0940 PM MRN SR070 OlC
Project No. RRP-OOO-6(60)P
RAIL/HIGHWAY SAFETY PROGRAM
Tortorita Mountain Road
Agreement No. 1610-93-SPTC
SOUTHERN PACIFIC TRANSPORTATION COMPANY
AAR/DOT No. 741-085-A
RR MP B 961.33
RR File No. 927 845/321.2
ACC Docket No. R-2640-93-232
Dear Mr. Davis:
Enclosed for your information and files is a copy of a fully
executed Agreement on the above captioned project. We are also
enclosing a copy of a letter to the Southern Pacific Transportation
Company authorizing them to proceed with the work on the project.
Sincerely,
~4~~~/
JOHN B. SYERS, III.
Railroad Engineering Coordinator
UTILITY & RAILROAD ENGINEERING SERVICES
Mail Drop 618E 255-7541 Room 118E
JBS:cms
Enclosure
1591
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HIGHWAYS
AERONAUTICS
MOTOR VEHICLE
PUBLIC TRANSIT
ADMINISTRATIVE SERVICES
TRANSPORTATION PLANNING
Gi::>7 I
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HIGHWAY DIVISION
206 South Seventeenth Avenue - Phoenix, Arizona 85007-3213
(I)
ARIZONAl--JPARTMENTOFTRANSPl ..TATION
FIFE SYMINGTON
Governor
September 17, 1993
GARY K. ROBINSON
State Engineer
LARRY S. BONINE
Director
Mr. Hurvie E. Davis
Town Manager
Town of Marana
13251 North Lon Adams Road
Marana, Arizona 85653
Re: TRACS No. 0940 PM MRN SR070 01C
Project No. RRP-000-6(60)P
Tortorlita Mountain Road (Marana)
RAIL/HIGHWAY SAFETY PROGRAM
Agreement No. 1610-93-SPTC
SOUTHERN PACIFIC TRANSPORTATION COMPANY
AAR/DOT No. 741-085-A
RR MP B 961.33
RR File No. 927 845/321.2
ACC Docket No. R-2640-93-232
Dear Mr. Davis:
In accordance with the requirements of the Procedural Order
of the Arizona Corporation Commission, we are enclosing for
your information a copy of our request for an Opinion and
Order and a copy of the Corporation Commission's Procedural
Order. This will serve as your notice of a scheduled
hearing with respect to the subject project.
Sincerely,
~pr
JOHN B. SYERS, III.
Railroad Engineering Coordinator
UTILITY & RAILROAD ENGINEERING SERVICES
Mail Drop 618E Room 118E
(602) 255-7541
encl.
cc: ACC
HIGHWAYS
AERONAUTICS
MOTOR VEHICLE
PUBLIC TRANSIT
ADMINISTRATIVE SERVICES
TRANSPORTATION PLANNING
.
HIGHWAY DIVISION
206 South Seventeenth Avenue - Phoenix, Arizona 85007-3213
.
ARIZONA i..-..JPARTMENT OF TRANSPL_~TATION
FIFE SYMINGTON
Govemor
September 3, 1993
GARY K. R06INSON
Stale Engineer
LARRY S. BONINE
Director
Mr. Donald R. Thompson
Chief, Railroad Safety
ARIZONA CORPORATION COf1MISSION
1200 West Washington Street
Docket Control Section, Room 102
Phoenix, Arizona 85007
RE:
TRACS No. 0940 PM MRN SR070 OlC
Project No. RRS-000-6(60)P
RAIL/HIGHWAY SAFETY PROGRAM
Tortorlita Mountain Road (Marana)
Agreement No. 1610-93-SPTC
RR File No. 927 9151321.2
SOUTHERN PACIFIC TRANSPORTATION COMPANY
Dear Mr. Thompson:
Please furnish our office with an Opinion and Order to cover the
installation of Signals described in the subject agreement.
An Agreement covering the work has been signed by the Railroad
Company. A copy is enclosed for your information and files.
When the Agreement has been finalized, we will send you a copy
of our letter authorizing the Railroad to proceed with the work.
Sincerely,
~~
JOHN B. SYERS, III.
Railroad Engineering Coordinator
UTILITY & RAILROAD ENGINEERING SERVICES
Mail Drop 618E 255-7541 Room 118E
JBS:cms
Enclosure
1407
HIGHWAYS
AERONAUTICS
MOTOR VEHIClE
PUBLIC TRANSIT
ADMINISTRATIVE SERVICES
TRANSPORTATION PLANNING
1 BEFORE THE ARIZONA CORPORATION COMMISSION
2 MARCIA WEEKS
CHAIRMAN
3 RENZ D. JENNINGS
COMMISSIONER
4 DALE H. MORGAN
COMMISSIONER
5
AGREEMENT NO. 1612-93-CBR, )
6 TRACS NO. 117 PN 138 H2134 01C )
PROJECT NO. RRP-316(20)P )
7 RAIL/HIGHWAY SAFETY PROGRAM )
HAYDEN RAILROAD CROSSING )
8 AAR/DOT NO. 742-390-N )
COPPER BASIN RAILWAY, INC. )
9 )
TRACS PROJECT NO. 210 PM 1 H2423 01C)
10 TRACS UTILITY NO. 210-PM 1 H2417-02U)
EUCLID/PARK UNDERPASS )
11 AGREEMENT NO. 1586-92-SPTC )
SOUTHERN PACIFIC TRANSPORTATION )
12 COMPANY. )
)
13 TRACS NO. 0940 PM MRN SR070 01C )
PROJECT NO. RRS-000-6(60)P )
14 RAIL/HIGHWAY SAFETY PROGRAM )
TORTORLITA MOUNTAIN ROAD (MARANA) )
15 AGREEMENT NO. 1610-93-SPTC )
RR FILE NO. 927 9151321.2 )
16 SOUTHERN PACIFIC TRANSPORTATION )
COMPANY. )
17 )
TRACS NO. 8112 GH GGH SR068 01C )
18 PROJECT NO. RRP-811-2(1)P )
AGREEMENT NO. 1623-92-AZER )
19 RAIL/HIGHWAY SAFETY PROGRAM )
20TH STREET (THATCHER) )
20 AAR/DOT NO. 742-239-L )
ARIZONA EASTERN RAILWAY COMPANY. )
21 )
TRACS NO. 0940 GH GGH SR071 01C )
22 PROJECT NO. RRP-000-6(61)P )
RAIL/HIGHWAY SAFETY PROGRAM )
23 STADIUM AVENUE (THATCHER) )
AGREEMENT NO. 1614-93-AZER )
24 ARIZONA EASTERN RAILWAY COMPANY )
AAR/DOT NO. 742-244-H. )
25 )
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DOCKET NO. R-2636-93-209
DOCKET NO. R-2640-93-239
DOCKET NO. R-2640-93-232
DOCKET NO. R-2634-93-233
DOCKET NO. R-2634-93-234
1 TRACS NO. 8108 GH GGH SR076 01C
PROJECT NO. RRP-S10-8(1)P
2 AGREEMENT NO. 1622-93-AZER
RAIL/HIGHWAY SAFETY PROGRAM
38TH STREET (THATCHER)
AAR/DOT NO. 742-241-M
4 ARIZONA EASTERN RAILWAY COMPANY.
5 TRACS NO. 0940 MO KNG SR052 01C
PROJECT NO. RRP-000-6(47)P
6 RAIL/HIGHWAY SAFETY PROGRAM
2ND STREET (KINGMAN)
7 AAR/DOT NO. 025-247-B
RR M.P. A-516.7
8 ATCHISON, TOPEKA, & SANTA FE
RAILWAY COMPANY.
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TRACS NO. 0940 MA PHX SR075 01C
10 PROJECT NO. RRP-000-6(65)P
RAIL/HIGHWAY SAFETY PROGRAM
11 9TH AVENUE - HARRISON (PHOENIX)
AAR/DOT NO. 025-452-G
12 AGREEMENT NO. 1531-91-ATSF
ATCHISON, TOPEKA & SANTA FE
13 RAILWAY COMPANY.
14 PROJECT NO. RRP-700-7(8)P
TRACS NO. 7007 MA PHX SR042 01C
15 RAIL/HIGHWAY SAFETY PROGRAM
43RD AVENUE S/O CAMELBACK ROAD
16 (PHOENIX)
AGREEMENT NO. 1531-91-ATSF
17 AAR/DOT NO. 025-491-X
ATCHISON, TOPEKA & SANTA FE
18 RAILWAY COMPANY.
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BY THE COMMISSION:
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DOCKET NO. R-2634-93-235
DOCKET NO. R-2634-93-236
DOCKET NO. R-2635-93-237
DOCKET NO. R-2635-93-238
PROCEDURAL ORDER
On August 6, September 3, and 7, 1993, the Arizona Department 0
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("Request").
at-grade crossing improvements described
in the agreement
Transportation ("ADOT") filed with the Arizona Corporation Cornrnissio
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("Commission") requests for Opinions and Orders with respect t
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agreements between ADOT and various railroads for the installation 0
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On September 9, 1993, the Commission's Utilitie
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Division ("Staff") filed a Request for a Procedural Order ("Motion")
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requesting that a Procedural Order be issued regarding the following:
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DOCKET NO. R-2636-93-209 ET AL.
1. ADOT's Requests should be considered as applications for a
railroad configuration upgrade order pursuant to A.R.S. 940-337.01;
2. The matters should be set for hearing;
3. The dockets should be should be consolidated for purposes of
the hearing; and
4. Notice of the appl ications and of this Procedural Order
should be provided by ADOT to the respective railroads.
staff's Motion is well made and should be granted.
IT IS THEREFORE ORDERED that ADOT's Requests shall be considered
as applications for railroad configuration upgrade orders pursuant to
A.R.S. 940-337.01.
IT IS FURTHER ORDERED that a consolidated hearing on the
applications shall be held on October 6, 1993 at 9:30 a.m. at the
offices of the Arizona Corporation Commission, 1200 West Washington
Street, Phoenix, Arizona 85007.
IT IF FURTHER ORDERED that within 10 days of receipt of this
Procedural Order, ADOT shall provide the respective railroads and any
municipality or interested party that may be affected by the
applications, with copies of the appropriate application and this
Procedural Order by certified mail.
IT IS FURTHER ORDERED that ADOT shall file with the Commission's
Docket Control proof of compliance with this Procedural Order
concurrently with the mailing of notice ordered herein.
DATED this 10th day of
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DOCKE NO. R-2636-93-209 ET AL.
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copies;f~/the foregoing mailed/delivered
this . Il day of September, 1993 to:
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3 John B. Syers, III
Utility & Railroad Engineering Services
4 ARIZONA DEPARTMENT OF TRANSPORTATION
206 South Seventeenth Avenue
5 Mail Drop 618-E, Room 118-E
Phoenix, Arizona 85007-3213
6
Paul A. Bullis, Chief Counsel
7 Peter Breen, Staff Attorney
Legal Division
8 ARIZONA CORPORATION COMMISSION
1200 West Washington Street
9 Phoenix, Arizona 85007
10 Gary Yaquinto, Director
Utilities Division
11 ARIZONA CORPORATION COMMISSION
1200 West Washington Street
12 Phoenix, Arizona 85007
13 Barry & Hetzer
Court Reporters
14 4041 North Central Avenue, Suite 135
Phoenix, Arizona 85012-3301
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By:
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11,- L_ ' ( ~(
Debbi Person
Secretary to
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Bradley S. Carroll
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