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HomeMy WebLinkAboutResolution - 072276L - Agreement - ATSF Railway Company - University Ave Crossing Railroad Line - 07_22_1976KJ / nh RESOLUTION p'J220(vC. 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 an agreement between the CITY OF LUBBOCK, the ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY and the STATE OF TEXAS covering grade crossing warning systems at University Avenue, 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 22iid day of July , 1976. ,O/N?w ass ROY BASS, MAYOR ATTEST: of reva Phillips, City ecretary-Treasurer APPROVED AS TO FORM: O. Senter, Jr. ,'Wy'Attorney }0Nv�� ; a..:.rrm,.,.,-%:,$+Y'%. Lubbock County Control 1867-2-1 Project RRP 5144 (1) University Avenue Serial No. 3613' STATE OF TEXAS X COUNTY OF TRAVIS x LHIS AGREEMENT, made this day of , 19 , by and between the State of Texas, actin.(/by and through the Bridge Engineer of the State Department of Highways and Public Transpor- tation, hereinafter called the "State," Party of the First Part, and The Atchison, Topeka and Santa Fe Railway Company a corporation, heLd nafter, whether one or more, called the "company," Party of the co Rart, acting by anG its and the City of Lubbock Texas, hereinafter called the "political subdivision," Party of the Third Part, acting by and through its duly authorized contracting of- ficers. W I T N E S S E T H WHEREAS, University Avenue - crosses the railroad line of the company at Railroad Station 58+11 (553.3 feet west of Milepost 1), in Lubbock, Lubbock 'County, Texas, and the State and the political subdivision propose to install grade crossing warning systems of the type and at the crossing as shown on print marked "Exhibit A," attached hereto and made a part hereof, and WHEREAS, it has been determined that this work is eligible for Federal -Aid participation under the provisions of the Highway Safety Act of 1973, Section 203,�which is administered by the State, and WHEREAS, the State has approved a program of work which includes this project,. and WHEREAS, it is understood that references to the "State" hereinafter apply to obligations and considerations during project construction, and that references to the political subdivision hereinafter apply to con- tinuing obligations and considerations after completion of the project. Warning Devices Off State System D-5RR FAP 1 Rev. 12-19-75 A G R E E M E N T 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 as follows: 1. The company hereby gives to the State and the political sub- division permission to install the grade crossing warning systems and to use the crossing at the intersection of the railroad and street or road as shown on Exhibit "A." 2. It is agreed that all existing agreements between the company and the political subdivision concerning licenses, permits, leases or easements at this location shall remain in full force and effect. 3. The permission, given hereby, shall not in any way prevent the company from operating its trains across the land over which permission has been given. It is expressly agreed that no legal right of the company to maintain, use, locate, align, realign and relocate the rail- road track now located across the premises, and to construct and there- after maintain, use and relocate any additional track or tracks, or other facilities, as it may desire,'across said street or road at said inter- section, shall be in anywise affected by the giving of this permission, subject, however, to the provisions of paragraph 8 hereof. In the event of any such changes the company shall restore the street or road to a proper condition for the use of the traveling public to the satisfaction of the political subdivision. 4. The company and -the State agree jointly to prepare plans and estimates based upon specifications approved by the company and the State for the proposed grade crossing warning systems. After having been approved in writing by the company, the State, and the political subdivision, said plans, specifications and estimates covering the instal- lation of said warning systems shall be attached hereto marked "Exhibit B" and made a part hereof. No changes in the Exhibit "B" are to be made without written approval of such changes by the company, the State, and the political subdivision. 5. The company, unless otherwise provided, shall make such changes or alterations in the tracks, communication and signal, pole and wire lines, pipe sewer and drainage or other facilities or buildings located upon the company's right-of-way, which may be displaced or re- quired by the construction of the project, as may be necessary to main- tain continuous service and conform them to said construction and restore Warning Devices Off State System D-5RR PAP 2 Rev. 12-19-75 them to former.condition for service either prior to, during or following construction of said work, all of which, as far as known to the company, shall be shown on the said plans. The company shall prepare plans and estimates subject to approval by the State, for the adjustment of such facilities. Such plans and estimates shall be attached hereto and made a part of Exhibit "B." Any known work to be done, not shown on the plans and in the estimates will not be paid for. 6. Materials required for the installation of the grade crossing warning systems are to be furnished by the company. Said materials are to be of the kind and quality as described or shown on the plans, speci- fications and estimates. The company will furnish to the State a detailed estimate of all items needed in connection with the proposed installation. 7. The company shall install materials to be furnished by it and shall do other work as required to put such grade crossing warning systems into operation in accordance with Exhibit "B. B. The company shall maintain and operate the grade crossing warning systems as installed and in accordance with the design of operation as shown on Exhibit "B." No changes are to be made in the design or opera- tion of said warning systems without the written approval of the State and the political subdivision. In future maintenance painting, the company agrees to retain the painting color combination as accepted at the time of installation, unless otherwise agreed upon in writing by the company and the political subdivision. 9. If the crossing of the street or road and railroad as shown on Exhibits "A" and "B" is ever abandoned, the grade crossing warning sys- tems installed under this contract shall not be removed by the company to any point other than that which might be approved by the political subdivision. 10. The State agrees to furnish such construction stakes and/or elevations as are required for the proper construction of the project. Any field engineering performed by the company to check or verify the accuracy of any work performed shall be without expense to the State or the political subdivision. 11. The company shall commence the work to be done by it herein within two weeks after receipt of written notice from the State that the work may proceed and shall proceed diligently to the conclusion of its obligations herein. Reimbursement will not be made for work under- taken by the company which is performed at the site of the project Warning Devices Off State System D-5RR FAP 3 Rev. 12-19-75 W prior to the issuance of such work order by the State. This does not apply to the assembly at the railroad stores or loading points of ma- terials which might be used on the project. Such assembly may be under- taken sufficiently in advance to assure prompt,delivery but reimbursement for any materials or handling charges will be contingent upon the issuance of a work order by the State to the company. 12. Reimbursement to the company will be made for work performed and materials furnished, including but not limited to, insurance pre- miums and coverage at the rate and amount set forth in the approved cost estimate attached, in accordance with the provisions of Federal Aid Highway Program Manual, Volume 1, Chapter 4, Section 3, issued by the Federal Highway Administration on April 25, 1975, and amendments thereto except as modified by the provisions herein. 13. In the event that construction is not undertaken, or in the absence of a work order being issued by the State to the company, the State and the political subdivision will not be responsible for any expense incident to any cost incurred in connection with any provision of this contract. 14. Railroad and utility company bills. a. The company may submit monthly bills prepared in satis- factory form for work performed in compliance with this agreement provided the cost to be billed exceeds $500.00. Upon receipt of said monthly bills, the State will make a payment to the company. The amount of such payment may be up to 900% of the cost of the work per- formed and as covered by said bill. Subsequent to the final audit the State will make final payment to the company for work performed and materials furnished in accordance with this agreement and approved plans and specifications and approved changes thereof. b. In the event that the company does not desire monthly payments, then upon satisfactory completion of the work performed by the company under this agreement and receipt of a statement in proper form, the State shall make payment to the company. The amount of said payment may be up to 900% of the cost of such work. Subsequent to the audit the State will make final payment to the company for work per- formed and materials furnished in accordance with this agreement and approved plans and specifications and approved changes thereof. 15. The company shall retain all records for auditing purposes for a period of three years after payment of the final bill. Warning Devices Off State System D-5RR FAP 4 Rev. 12-19-75 .79 16. All provisions concerning the State which herein shall automatically cease and terminate upon. tion of the project and paymentof the final bill. are stipulated official comple- 17. The State expects to be reimbursed for its expenditures here- under from funds provided by the United States Government. Such reim- bursement can only be obtained by the State by compliance with the statutes, rules and regulations from time to time enacted, and promul- gated by the United States Government and its Federal Highway Adminis- tration. In case such statutes, rules or regulations shall hereafter be altered or amended in such manner as to affect the State's right to such reimbursement or funds from which this construction is proposed are not available, the State reserves the right to cancel this agree- ment at any time prior to the actual starting of work at the project site. 18. Compliance with Title VI of The Civil Rights Act of 1964. During the performance of this contract, the company (referred to as the "contractor" in the following paragraphs numbered 1 through 6), for itself, its assignees and successors in interest, agrees to comply with the following six paragraphs except in those instances where work under- taken under this agreement is performed by its own forces. (1) Compliance with Regulations: The contractor will comply with the Regulations of the Department of Commerce relative to nondiscrimination in federally -assisted programs of the Department of Commerce (Title 15, .Code of Federal Regulations, Part 8, hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this .contract. (2) Nondiscrimination: The contractor, with regard to the work per- formed by it after award and prior to completion of the contract work, will not discriminate on the ground of race, color, or national origin in the selection and retention of subcontractors, including procure- ments of materials and leases of equipment. The contractor will not participate either directly or indirectly in the discrimination pro- hibited by Section" 8.4 of the Regulations, including employment practices when the contract covers a program set forth in Appendix A -II of the Regulations. (3) Solicitations for Subcontract, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or equipment, each potential subcontractor or supplier shall be notified by the contractor i of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the ground of race, color or national origin. (4) Information and Reports: The contractor will provide all informa- tion and reports required by the Regulations, or orders and instructions .issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the State or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the State, or the Federal Highway Administration as appropriate, and shall set forth what efforts it•has made to obtain the information. (5) Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the State shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to, (a) withholding of payments to the contractor under the contract until the contractor complies, and/or (b) cancellation, termination or suspension of the contract, in whole or in part. (6) Incorporation of Provisions: The contractor will include the provisions of paragraphs (1) through (6) in every subcontract, in- cluding procurements of materials and leases of equipment, unless exempt by the Regulations, order, or instructions issued pursuant thereto. The contractor will take such action with respect to any subcontract or procurements as the State or the Federal Highway Administration may direct as a means -,of enforcing.such provisions including sanctions for noncompliance: Provided, however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a sub contractor or supplier as a result of such direction, the contractor may request the State to enter into such litigation to protect the interests of the State, and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Warning Devices Off State System FAP 6 D-5RR Rev. 12-19-75 19. If at any time it is determined that said warning systems are operating excessively due to railroad changes in trackage, circuits or train operation, the company shall, at its expense, promptly take steps to eliminate the excessive operation of the signals. 20. It has been determined that no benefits shall be construed as accruing to the company and no contribution to this project will be re- quired of the company. 21. Th_is: agreement upon- removal of,' the. h_i-jhw.ay­!railroad grade crossing warning devices described below, wi'11 cancel and supersede the agreement dated April.14, 1939, between the.Panhandle and Santa Fe Railway Company (predecessor in interest to railroad company) Secretary's Contract No. 8363, and the State of Texas, covering the installation and maintenance of two flashing light signals, type 2, at U. S. Highway No. 84 at Railway Mile Post 1 + 0535 ft., in Lubbock, Lubbock County, Texas. Warning Devices Off State System D-SRR FAP 7 Rev. 12-19-75 IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in triplicate on the day above stated. THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY By: (Title) ASSISTANT TO GENERAL MANAGER ATT&S'i�a { Assistaht Secretary for Company RECOMNiENI�E1� s','/ (Title) APPROVED AS TO FORM: App► rorsA 8, to s' m ttorneys for C yt,.,, ,n,. ,,�1{si111 , CITY, OF LUBBOCK By -- (Title) ATTES T: (Seal) (Title) � tr2 i Warning De�Ei Ws senter, Jr., city :0t9*Y Off State System FAP 8 THE STATE OF TEXAS Certified as being executed for the purpose and effect of acti- vating and/or carrying out the orders, established policies, or work programs heretofore approved. and authorized by the State High- way and Public Transportation Commission: Bv: Bridge Engineer Under authority of State Highway and Public Transportation Commission Minute Order No. 70104, dated June 20, 1975 RECOMMENDED FOR APPROVAL: District Engineer Supervising Office Engineer &ved .a to L�mmz 226 X T. & S. F. Ry. Co. Ilsi d proved For AGAI • Engineering Western Lines D-5RR Rev. 12-19-75