HomeMy WebLinkAboutResolution - 3618 - Amendment To Agreement - TDHPT - Railroad Relocation, E-W Freeway Project - 05_23_1991Resolution No. 3618
May 23, 1991
Item #20
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RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Agreement in
the form approved by the City's Assistant City Manager for Development Ser-
vices and the City Attorney's Office to be entered into by and between said
City and the Texas State Department of Highways and Public Transportation,
said Agreement amending a previous Agreement concerning railroad relocation in
connection with the East-West Freeway construction, attached herewith, which
shall be spread upon the minutes of the Council and as spread upon the minutes
of this Council shall constitute and be a part of this Resolution as if fully
copied herein in detail.
Passed by the City Council this 23rd day of May , 1991.
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AB.McMINA No, M Ac
YOR
ATTEST:
nettel Boyd, City 5ecre
APPROVED AS TO CONTENT:
Jam Bertram, -Assistant City
Mana for Development Services
APPROVED AS, TO FORM:
Dennis ". cGi is Attorney
Resolution No. 3618
May 23, 1991
Item #20
STATE OF TEXAS §
COUNTY OF TRAVIS §
MODIFICATION AGREEMENT FOR THE RELOCATION OF
A PORTION OF THE SEAGRAVES, WHITEFACE, AND
LUBBOCK RAILROAD FOR CONSTRUCTION OF A CONTROLLED
ACCESS HIGHWAY FACILITY IN THE CITY OF LUBBOCK, TEXAS
This agreement is entered into by and between the State of Texas, acting by and
through the State Department of Highways and Public Transportation, hereinafter
called the State, pursuant to Minute Order Number 88793, dated May 24, 1989, and
the City of Lubbock, acting by and through its duly authorized official, pur-
suant to Resolution No. 3173, dated August 10, 1989, hereinafter called the
City, to be effective on the date last executed.
WITNESSETH
WHEREAS, The State and the City entered into an agreement dated February 12,
1991 for the purpose of relocating the Seagraves, Whiteface and Lubbock
Railroad; and
WHEREAS, the State and the City have agreed to modify that agreement to more
definitely provide for reimbursement of eligible costs and to identify who will
perform the various actions deemed necessary to effect the Relocation.
AGREEMENT
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and
agreements of the parties hereto, to be by them respectively kept and performed
as hereinafter set forth, it is agreed that the agreement dated February 12,
1991 is modified as follows for the sole purpose of adding Articles 19, 20, 21,
22 and 23 with that agreement in all other respects remaining in effect:
ARTICLE 19. Eligible Costs. Reimbursement to the City for the cost of the
Relocation, as provided in this agreement and the agreement dated March 8, 1991
by and between the City and Railroad, hereinafter called the Railroad Agreement,
will be based upon the following documented eligible costs:
A. All documented costs which were paid by the City to others that are
determined by the State to be reasonable and necessary in making the
Relocation.
B. All commitments and agreements to purchase goods or services costing in
excess of $2,500 each will be subject to prior written approval by the
State.
C. The provisions as specified by Article 2R in the Railroad Agreement are
hereby found satisfactory by the State for use in applicable City
contracts.
D. All approvals by the City to the Railroad for incurring expenses will
require the Railroad to furnish and maintain supporting documentation for
expenses to be reimbursed, to make available the documentation for audit
by the City and/or its agents, and to maintain the documentation for
three years following final reimbursement to the Railroad by the City.
ARTICLE 20. Engineering and Environmental. It is anticipated that all engi-
neering and environmental functions related to the Relocation will be performed
by consultants and the Railroad as follows:
A. The following are tasks to be performed by consultants:
(I) Prepare environmental assessments, with level 1 assessments for hazar-
dous materials including participation in public hearings or meetings
with the City and/or the State, which are to be coordinated with the
State for incorporation in the environmental assessment for the
controlled access highway facility.
(II) Prepare preliminary location and design for the Relocation including a
switch connection proximally east of Reese Air Force Base, a railcar
yard containing at least three tracks (each track capable of storing
at least forty railcars), and a yard along the Railroad's Whiteface
Line suitable for the loading and unloading of aggregate and other
commodities, and prepare recommended optimum locations for a piggyback
facility, a parking lot for an excursion train and a possible main-
tenance facility for the Railroad.
(III) Obtain Interstate Commerce Commission approval and any other govern-
mental approvals necessary for the Relocation.
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(IV) Prepare a right-of-way map for right-of-way to be furnished to the
Railroad. The map will be prepared following the guidelines for State
highway right-of-way projects. Furnish field notes sealed by a
registered professional land surveyor for individual parcels to be
acquired for the right-of-way. Furnish sketches of whole properties
out of which the parcels are to be acquired. Be available as expert
witness in condemnation proceedings.
(V) Prepare a final Railroad right-of-way map sealed by a registered pro-
fessional land surveyor with the map showing all improvements on the
right-of-way.
(VI) Prepare plans, specifications and estimates and bid proposals for
construction of the Relocation, including a switch connection proxi-
mally east of Reese Air Force Base, a railcar yard containing at least
three tracks (each track capable of storing at least forty railcars),
and a yard along the Railroad's whiteface Line suitable for the
loading and unloading of aggregate and other commodities.
(VII) Perform construction inspection and engineering.
(VIII) Prepare monthly and final estimates for costs under construction
contracts.
(IX) Prepare as -built plans for the Relocation.
(X) Provide horizontal and vertical control and panels on the selected
alignment of the railroad relocation for aerial photogrammetry.
A. Horizontal Control:
1. Panel Layout
2. Primary traverse and satellite points if needed.
3. State Plane adjusted to surface is the coordinate system to
be provided.
4. Coordinates for points other than horizontal control points,
obtained by a field crew for right-of-way and centerline.
Note: One panel at a maximum spacing of 1800 feet. A minimum of 3
panels on each tangent.
B. Vertical Control:
1. Primary Control
2. wing point distance off base line: L 200'- R 200'
3. A band of 3 panels at a maximum spacing of 1800 feet. A mini-
mum of 3 bands on each tangent.
4. Mowing of high grass or weeds, as specified by the
State, prior to flight.
C. Panels
1. Horizontal and wing panel size at 6" x 82".
2. Made of cardboard, masonite, paint or tape as may
be approved by the State.
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B. The following tasks will be performed by the Railroad:
(I) Participation in obtaining Interstate Commerce Commission and any
other governmental approvals.
(II) Engage an engineering consultant to review preliminary plans; environ-
mental assessments; plans, specifications and estimates; construction
inspections; and final inspections for the Railroad as provided in the
Railroad agreement.
(III) Negotiations with the AT&SF Railroad for agreement allowing the
Railroad to interchange with the AT&SF at the new track intersection
northwest of Loop 289.
C. The following tasks will performed by the State at State expense:
(I) State will provide an uncontrolled flight to obtain aerial photographs
of the railroad relocation corridor.
(II) State will provide a controlled flight to provide a planimetric map at
a scale of 1" = 100' and cross -sections in digital or plotted form.
ARTICLE 21. Right -of -Way. Right -of -Way to be furnished to the Railroad and to
be acquired for the highway facility will be handled in accordance with the
following procedures:
A. The City and State will perform the following tasks in acquiring the proposed
right-of-way for the Railroad:
(I) The City will purchase title insurance for all parcels.
(II) Real estate appraisers on the State's list of approved appraisers will
be employed by the City.
(III) The State will review real estate appraisals and furnish approved
values to the City.
(IV) Acquisition by negotiation or condemnation will be the sole respon-
sibility of the City.
(V) The State will review and have sole approval authority as to accep-
tance of Special Commissioners' Awards, settlements and possible
appeals for all parcels acquired by condemnation.
(VI) The City will dispose of salable improvements by public bid and give
the State credit for 90/ of the net amounts received.
(VII) The City will engage outside engineering consultants to negotiate for
any necessary adjustments of utility facilities and for the right to
occupy, for railroad purposes, the utility owned right-of-way.
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(VIII) Payments by the City to utility companies for rights to occupy utility
right-of-way will be considered as a cost of right-of-way and reim-
bursed by the State accordingly.
(IX) The City will engage consultants to perform assessments for hazardous
waste or contaminated materials on the right-of-way, and for reme-
diation as may be necessary and as approved by the State.
(X) The City will arrange for any utility service necessary to operate the
new railroad facility.
B. The following tasks are to be performed in acquiring the existing right-of-
way owned by the Railroad:
(I) Real property interests not owned by the Railroad will be acquired by
the State. All agreements with utility companies will be handled by
the State.
(II) The City will engage consultants to perform level 1 assessments
for hazardous waste or contaminated materials on the right-of-way and
level 2 assessments if required. Remediation or removal of hazardous
and contaminated materials and removal of underground storage tanks
will be handled by the State.
(III)
The State will be responsible for determining the fair market value of
the old right-of-way as specified in Article 4.c in the Railroad
Agreement.
(IV)
All consultants hired by the State to determine the fair
market value
of the old right-of-way and copies of documents relative
to the fair
market value determination will be made available to the
City for use
in any eminent domain proceedings as specified by Article
4.b in the
Railroad Agreement.
(V)
The City requests the State to perform the provisions of
this Article
21 B of this agreement where the State is described as the
responsible
party to achieve the tasks. The City agrees to escrow, by
separate
agreement the form of which shall be agreeable to State,
with the
State 10% of the costs estimated by the State to perform
the tasks. If
the actual costs will appear to exceed the estimates upon
request, the
City will escrow such additional amounts estimated by the
State to be
10% of the total actual costs. Upon completion of these
tasks, the
State will return to the City any escrowed amounts which
exceed 10% of
the final total costs. The State will furnish the City a
listing of
all costs incurred by and paid to others by the State in
performing
the tasks.
(VI) The State will dispose of any improvements located on the land where
title is conveyed to the State. A 10% credit will be given to the
City for any amounts received from disposition of the improvements
less any expense incurred in disposition.
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ARTICLE 22. Construction. The facilities to be constructed in the Relocation
will be handled in the following manner:
A. Construction contracts will be awarded by the City.
B. Items deemed necessary to procure in advance of construction for timely
completion of the Relocation and as approved by the State will be pro-
cured by the City.
C. Force account agreements with AT&SF and others as may be necessary will
be handled by the City.
ARTICLE 23. Reimbursement. Requests by the City to the State for reimbursement
of eligible costs must be supported as follows:
A. All billings to the State must be documented to support amounts requested
with documentation to include certification by consultants, where appli-
cable as to receipt of goods or performance of services, and cer-
tification by the City that the amounts paid are in accordance with this
agreement.
B. All billings must specify the entity which the amounts requested for
reimbursement were paid to by the City.
C. Billings must identify the reimbursement amounts requested as being engi-
neering and environmental, right-of-way, or construction.
D. The City will maintain all records for three years following final
reimbursement.
IN TESTIMONY WHEREOF, the State and City have executed duplicate counterparts of
this agreement on the dates indicated.
CITY OF LUBBOCK
C
B Y :
. C. McMinn, Mayor
Date: May 23, 1991
A
Ranet Boyd, City Secreta
APPROVED AS TO CONTENT
V'' u � . i
MesBertram, Assistant City
ge for Development Services
APPROVED AS TO FORM:
7;mt , -�A
J. rth Fullingim
A s'stant City Attorney
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THE STATE OF TEXAS
Certified as being executed
for the purpose and effect of
activating and/or carrying
out the orders, established
policies, or work program
heretofore approved and authorized
by the State Highway and Public
Transportation Commission under
the authority of Minute Order
82513.
y h P.E.
State i ght of Way E i ne
Date: � �!� 1
RECOMMENDED BY:
F
William M. Pope, P.E.
District Engineer
Date: Ala JI 0lgq %