Title
Construction and Maintenance Agreement with Burlington Northern Santa Fe for Railroad Crossings at 27th Avenue and Thomas Road (Ordinance S-47811)
Description
Request authorization for the City Manager, or his designee, to enter into a Grade Crossing Construction and Maintenance Agreement with Burlington Northern Santa Fe Railroad to perform work in the easement to upgrade the railroad crossings at 27th Avenue and Thomas Road. Further request the City Council to grant an exception to Phoenix City Code section 42-18 and to authorize indemnification and assumption of liability provisions that otherwise would be prohibited by Phoenix City Code section 42-18. The Agreement's indemnification and assumption of liability provisions require the City to indemnify, defend and hold harmless Burlington Northern Santa Fe Railroad from any and all claims with minimal limitations. Burlington Northern Santa Fe Railroad will only assume liability for claims that are proximately caused by its intentional misconduct or gross negligence. There is no financial impact associated with this Agreement.
Report
Summary
The railroad crossings at the 27th Avenue and Thomas Road intersection are two of the highest railroad collision locations in the nation. For that reason, completing this project is critical to the City, the Arizona Department of Transportation (ADOT), the Burlington Northern Santa Fe Railroad (BNSF) and the Arizona Corporation Commission.
On April 6, 2016, the Street Transportation Department received Council approval to enter into Intergovernmental Agreement (IGA) 142483 with ADOT for safety improvements at two BNSF railroad crossings at the 27th Avenue and Thomas Road intersections. The project design includes safety improvements such as gates, cantilevers and flashers; roadway widening; and modifying raised medians and will require work to be performed in the easement belonging to BNSF. The Grade Crossing Construction and Maintenance Agreement is needed to allow work to be performed within the BNSF easement.
Contract Term
Unless otherwise lawfully terminated by the Parties, the Agreement expires upon completion and acceptance of the project and fulfillment of all terms of the Agreement.
Financial Impact
No financial impact is associated with this agreement.
Concurrence/Previous Council Action
The City Council approved IGA 142483 with ADOT for Safety Improvements (S-42430) on April 6, 2016.
Location
27th Avenue and Thomas Road
Council Districts: 4 and 7
Department
Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Street Transportation Department.