HomeMy WebLinkAboutResolution - 011278D - Agreement - TDHPT, & ATSFRC - Underpass, MH#41 & Milepost 674+620.1 - 01_12_1978RESOLUTION
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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 to be
entered into by and between said City, the Texas State Department of Highways
and Public Transportation, and the Atchison, Topeka and Santa Fe Railway Com-
pany concerning the construction and maintenance of an underpass where Metio-
politan Highway No. 41 will cross and/or crosses the railroad owned by said rail-
way company at Milepost 674 + 620.1 (Railroad Station 252 + 29.1) in Lubbock,
Lubbock County, Texas, 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 12 day of Janauary , 1978.
ROY AASS, MAYOR
ATTEST:
c
Treva Phillips, Co
Secretary-Treasurer
APPROVED AS TO FORM:
red O. -Senter, Jr., C,�VAttorney
Lubbock County
Project
Control
Metropolitan highway 41
STATE OF TEXAS x.
COUNTY OF TRAVIS X
THIS AGREEMENT, made this l4th day of October
1977___, by and between the State of Texas, acting by and through the
Bridge Engineer of the State Department of Highways and Public Trans-
portation, hereinafter called the "State," Party of the First Part,
and The Atchison, Topeka and Santa Fe Railway Company, a corporation,
hereinafter called the "Railroad Company," Party of the Second Part,
acting by and through John C. Davis its
Vice President , and the City of Lubbock, Lubbock
County, Texas, hereinafter called the "City," Party of the Third Part,
acting by and through its duly authorized contracting officers.
W I T N E S S E T H
�1...rZ w t 7't -R 1 c :: l: of t
.•....,,..:,�.5, .��..ropo..�..4:� .��gh:•ray 41 will cr.:s., the �..� ., �Y:c Rail-
road Company at Milepost 674+620.1 (Railroad Station 252+29.1), in
Lubbock, Lubbock County, Texas, and
WHEREAS, the State and the City propose to construct an underpass
as shown on the print marked "Exhibit A," attached hereto and made a
part hereof, and
WHEREAS, it is understood that references to the State hereinafter
apply to obligations and responsibilities during project construction,
and that references to the City hereinafter apply to continuing obliga-
tions and responsibilities following completion of the project.
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 perforned, as hereinafter set forth, it is agreed as follows:
1. The Railroad Company hereby gives to the State and City license
and permission for the construction and use of the aforesaid underpas-
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Underpass - Metropolitan 1 6-16-77
and highway across its property and under its track or tracks at the
intersection of the railroad and highway as shown on Exhibit "A."
2. The State will prepare plans and specifications, subject to
the approval of the Railroad Company, for the proposed underpass
structure. Plans and specifications, after having been approved in
writing by the State and the Railroad Company and by the City, are
hereby adopted as plans and specifications covering the construction
of said underpass and when so approved shall be attached hereto and
marked "Exhibit B" and made a part hereof. No changes in these plans
and specifications are to be made without the written approval of such
changes by the State and the Railroad Company and by the City. It is
understood that an adequate foundation for said structure is essential
and to secure such foundation the base shall, if so requested by the
Railroad Company and approved by the State, be widened, deepened, or
both. Such foundation piling, if any, as may be deemed necessary by
the Railroad Company, shall be installed to provide satisfactory
stability as provided by approved plans and specifications.
3. Cost of preliminary engineering ineligible for the reimburse-
ment with Federal funds due to being incurred prior to date of program
approval will be reimbursed with State funds if incurred after the
StaW s request for preparation of plans and estimate.
4. The Railroad 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 Railroad Company's right-of-way, which may
be displaced or required by the construction of the project, as may
be necessary to maintain continuous service and conform them to said
construction and restore 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 Railroad Company, shall be shown on the said
plans. The Railroad 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
estimate will not be paid for.•
5. The Railroad Company shall commence the work to be done
by it herein within thirty (30) days 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 undertaken by the Railroad Company which is per-
formed at the site of the project 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 materials which might be used
D-5RR
Underpass - Metropolitan 2 6-16-77
on the project. Such assembly may be undertaken sufficiently in
advance to asqure prompt delivery but reimbursement for any ma-
terials or handling charges will be contingent upon the issuance
of a work order by the State to the Railroad Company.
6. Reimbursement to the Railroad Company will be made for work
performed and materials furnished, including but not limited to, in-
surance premiums 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.
7. Railroad and utility company bills.
a, The Railroad Company may submit monthly bills prepared
in satisfactory form for work performed in compliance with this agree -
went provided the cost to be billed exceeds $500.00. Upon receipt of
said monthly bills, the State will make a payment to the Railroad Company.
The amount of such payment may be up to 900% of the cost of the work
performed and as covered by said bill. Subsequent to the final audit
the•State will make final payment to the Railroad Company for work per-
formed and materials furnished it accordance with this agreement and
approved plans and specifications and approved changes thereof.
b. In the event that the Railroad Company does not desire
monthly payments, then upon satisfactory completion of the work per
formed by the Railroad Company under this.agreement and receipt of a
statement in proper form, the State shall make payment to the Railroad
Company. The amount of said payment may be up to 9090 of the cost of
such work. Subsequent to the audit the.State will make.final payment
to the Railroad Company for work performed and materials furnished
in accordance with this agreement and approved plans and specifica-
tions and approved changes thereof.
. 8. The State expects to be reimbursed for its expenditures
hereunder from funds provided by the United States Government.
Such reimbursement can only be obtained by the State by compliance
with the statutes, rules and regulations from time to time enacted
and promulgated by the United States Government and its Federal High-
way Administration. 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 agreement at any time prior to the actual
letting of a contract by the State hereunder.
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Underpass - Metropolitan 3 6-16-77
9. In the event that construction is not undertaken, or in the
absence of a work order being issued by the State to the Railroad
Company, the State will not be responsible for any expenses incident
to any cost incurred in connection wit`.-► any provision of this contract.
10. It is agreed that should the property licensed hereunder
or any portion thereof cease to be used for public road purposes,.
this license, as to the portion so abandoned, shall immediately cease
and terminate.
11. The State shall furnish materials for and perform the work
to be done by it hereunder in accordance with approved plans and
specifications referred to in paragraph 2 hereof. .
12. Upon completion of the underpass project, the City shall
maintain or arrange for the maintenance of the substructure units of
the underpass, consisting of the piers, abutments and wingwalls and.
shall maintain or arrange for the maintenance of the highway roadway,
walks and drainage constructed across the Railroad Company's right-
of-way. The Railroad Company, at its expense, shall maintain the
super -structure units of the underpass, including the beams, shoes,
decTc, waterproofing, track and all Railroad Company facilities, except
that the City will assu-ma the apalr costs an damage to beam;.^, any
deck caused by highway traffic.
In the event of damage to beams and/or deck by highway traffic, the
extent and method of repair shall be agreed upon by the City and.
Railroad Company.. In the future maintenance painting of the structure,
the Railroad Company shall retain the original paint color and keep
the -underpass structure free of all advertising matter or insignia,
except such identification lettering as may be approved by the City.
13. The State assumes the entire responsibility for the construc-
tion of said.underpass and highway and the City assumes the entire
responsibility for maintenance of the substructure and use of said
underpass and highway upon the Railroad Company's property at the
location herein described; and nothing contained herein shall ever
be construed to place upon the Railroad Company any manner of
liability for injury to or death of persons, or for damage to or loss
of property, arising from or in any manner connected with the con-
struction, maintenance or use of the portion of said underpass and
highway located upon the Railroad Company's said property.
14. The license, given hereby, shall not prevent, in any way,
the Railroad Company from operating its trains, multiplying or
changing its tracks or other structures across the land over which
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Underpass - Metropolitan 4 6-16-77
license has been given or over the underpass contemplated hereby,
provided such change -or multiplication shall not affect, in any way,
the safety of the highway or restrict highway clearances contemplated
under this construction.
15. The contract or contracts to be let by the State for the -
construction of the work to be undertaken by it hereunder shall
provide:
A. Standard Manufacturers' and Contractors' Liability
Insurance. The Contractor shall furnish evidence to the
State that, with respect to the operations he performs, he
carries regular Contractors' Liability Insurance providing
for a limit.' of not less than one million dollars
($1,000,000.00) for -all damages arising out of bodily injuries
to/or death of one or more persons in any one occurrence, and
Property Damage Liability Insurance providing for a limit of
not less than five hundred thousand dollars ($500,000.00) for
all damages arising out of injury to/or destruction of prop-
erty in any one occurrence and subject to that limit per
occurrence, a total (or aggregate) limit of one million
dollars ($1,000,000.00) for all damages arising out of in-
iury to/or destruction ofproperty during the -policy period.
If any part of the work is sublet similar insurance shall be
provided by or in behalf of the subcontractors to cover their
operations.
B. Contractors' Protective Liability Insurance. The Con-
tractor shall furnish evidence to the State that, with respect
to the operations performed for him by subcontractors, he
carries in his own behalf regular Contractors' Protective
Liability Insurance providing for a limit of not less than
one million dollars ($1,000,000.00) for all damages arising
out of bodily injuries to/or death of one or more persons
in any one occurrence, and Protective Property Damage Liability
Insurance providing for a limit of not less than five hundred
thousand dollars ($500,000.00) for all, damages arising out of
injury to/or destruction of property in any one occurrence
and subject to that limit per occurrence, a total (or aggre-
gate) limit of one million dollars ($1,000,000.00) for all
damages arising out of injury to/or destruction of property
during the policy period.
C. Railroads' Protective Liability and Property Damage and
Physical Damage to Property Insurance. In addition to the
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above, the Contractor shall furnish evidence to the State
that, with respect to the operations he or any of his sub-
contractors perform, he has provided for and in behalf of
the Railroad Company the Standard Railroad protective Liability
Policy, with coverage as outlined in General Casualty Bulletin
No. 258, dated July 9, 1958, and General Casualty Bulletin No._
345, dated February 19, 1965, both issued by the State Board.
of Insurance of Texas, providing for Bodily Injury Liability a
limit of not less than five hundred thousand dollars ($500,000.00)
for each person and one million dollars ($1,000,000.00) for
each occurrence and for Property Damage a limit of not less
than five hundred thousand dollars ($500,000.00) for each
occurrence and one million dollars ($1,000,000.00) for aggre-
gate during the policy period.
D. General. The insurance as specified in paragraphs A.
and B. above, shall be carried until all work required to
be performed under the terms of the contract is satisfactorily
completed as'evidencedby the formal.acceptance by the State..
The insurance, as specified in paragraph C. above, shall be
carried until all work to be performed on the Railroad Company's
right-of-way has been completed and lhe. tcrpora:- grade cress-.,g,
if any, is no longer used by the contractor.
16. Compliance with Title VI of The Civil Rights Act of 1964.
During the performance of this contract, the Railroad 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 thefollowing six paragraphs except in those instances
where work -undertaken 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 leaves of equipment. The contractor will not
participate either directlg' or indirectly in the discrimination pro-
hibited by Section 8.4 of the Regulations, including employment practices
D-5RR
Underpass - Metropolitan 6 6-16-77
when the contract covers a program set forth in Appendix A -II of the
Regulations,
(3) Solicitations for Subcontracts, 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 sub-
contract, including procurements of materials or equipment, each potential
subcontractor or supplier shall be notified by the contractor of the con
tractor'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 in-
structions. 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 setforth 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, including
procurements of materials and leases of equipment, unless exempt by the
Regulations, order, or instructions issued pursuant thereto. The con-
tractor will take such action with respect to any subcontract or procure-
ment 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 subcontractor or supplier as a
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Underpass - Metropolitan 7 6-16-77
result of such direction, the contractor may request the State to enter
into such .litigation to protect the interests of the State, and, in addi-
tion, the contractor may request the United States to enter into such
litigation to protect the interest of .the United States.
17. The Railroad Company shall retain adequate cost accounting
records for auditing purposes for a period of three years after pay-
ment of the final bill.
18. It is determinedthat no benefits shall be construed as accruing
to the Railroad Company and no contribution by the Railroad Company will
be required.
19. All provisions concerning the State which are stipulated
herein shall automatical-lv cease and terminate upon official comple-
tion of the project and payment of the final bill.
20. The intent of this agreement is to define the installation,
construction and payment for work at the railroad -highway separation
project. In the event that the terms of this agreement be in conflict
with the provisions of any other existing agreements and/or contracts
between the City, State and Railroad Company, this agreement shall
take nrecedence over the existing agreements and/or contract.
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Underpass - Metropolitan 8 6-16-77
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
,(Trlt 1A Vice President
"RECOMMENDED:
(Title)
APPROVED AS TO FORM:
,ttorney for Railroad Company
CITY OF LUBBOCK
B S
(Title) !v�AiCR
ATTEST:
(Seal)
All-f "�� A,
(Title) N=WL lY ireas`y :r
,Approved as to forms
RECOMMENDED:
,Fred o, S�ay
(Title)
Approved
21'� .fnCY•)fisat�R
Waten does
THE STATE OF TEXAS
Certified as being executed for
the purpose anal effect of acti-
vating and/or carrying out the
orders, established policies, or
work programs heretofore approved•
and authorized by the State Highway
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:
Chief Engineer, Highway Design
Supervising of f ice. Engineer
District Engineer
FORM APPKNED
....0�ne+ze'�17!�a.......
General Attorney
D-5RR
Underpass - Metropolitan 9 6-16-77
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PHASE 2C
SECTION NORMAL TO TRACKS AT WEST ABUTMENT
SNOWING FIRST PHASE OF CONSTRUCTION 1
L 53.346'(PnoN I)
' ArAI.« � ooa.q
SEMON As
NORMAL TO TRACKS AT WEST ABUTMENT
VINO FINAL PHASE OF CONSTRUCTION
d
y' Ab D 6 O 4'
T 123. 2' mp Rl. Comm. Lin•.ij 9,\
L 245,5*'
00
Y N
i
SECTION AA.
_a.
I Fla
TYPICAL SECTION OF TEMPORARY TRACKS.
��' Tn T•d[
PHASE I - T•mporory orraeg—owt go boek to alginsl etot. after Phase X complete. Excoptions as
troCY No.6 oe nsf.d.
Ramave, R•leoate 37V of Ar, camnu LMe to 1•mpaary undergroand Iocolive. old rapieca.
Ramon 333' of Parer line incl. light poles and raplaCe at nor area location.
Tm[k No 160, Its— B Reploca 20W of lie T—k of U.P. Location.
W.B. Moil, Remove a RsyloCa 200' of 110' Trask at U.P. Loeatlon.
Line ova 8 Clns DaeY 240 of 110'Traot of erMa of Shoo-!!}
Conslrucr a Remove 750 f 112•Troc
E.B. Naln, As— 8 Roplace 535' f 115'TrocL • end 9 U.P. lseollons
Lin*—* a Lin• bo[l 200' of 115' of ends of Shoo- fly,
• , Contract 8 Ramon 750' of 112'Traok.
Track Ne.9. Remays a Replace 399' of IIO' T,,5 as. and old U.P. Locations (Note, 200' at U.P, r—;-
t 1111 Project eemDl•te horrn n Phase IC)
T—s N0.6, Line er 8 Line bock 2Q0' of IIO'Track ar ends of Shoe-lly.
Conatruet a Remora 730 of 112 Track.
Track No. 71 X-osr, Rslocato 11 Replace 194.8' of Track cornyf hs.
TraeL Ne.43 X-onr, Atmore a Replan 133' of 113' Incl. E.T.O.
Track Ne.7 X-o•or. Raixeta 9 Rap— 26T.9'of Track complete,
pMA��IE (
oc7 f7e. $'R�pmooeeie a170'• 01173'Trpc61N.IIn)d urrGr Phew I -I
crock No.9,
th N•C.ssory algnol .ark. -
EXHIBIT A
Showlnp Temporary Arrangement of A.T. a S.F. Tracks
for Construction of Proposed Texas Ave. Underpass In
Lubbock. Texas
CSS A
Plan 1 •50'
Efe[ 1'• 10'
y' Ab D 6 O 4'
T 123. 2' mp Rl. Comm. Lin•.ij 9,\
L 245,5*'
00
Y N
i
SECTION AA.
_a.
I Fla
TYPICAL SECTION OF TEMPORARY TRACKS.
��' Tn T•d[
PHASE I - T•mporory orraeg—owt go boek to alginsl etot. after Phase X complete. Excoptions as
troCY No.6 oe nsf.d.
Ramave, R•leoate 37V of Ar, camnu LMe to 1•mpaary undergroand Iocolive. old rapieca.
Ramon 333' of Parer line incl. light poles and raplaCe at nor area location.
Tm[k No 160, Its— B Reploca 20W of lie T—k of U.P. Location.
W.B. Moil, Remove a RsyloCa 200' of 110' Trask at U.P. Loeatlon.
Line ova 8 Clns DaeY 240 of 110'Traot of erMa of Shoo-!!}
Conslrucr a Remove 750 f 112•Troc
E.B. Naln, As— 8 Roplace 535' f 115'TrocL • end 9 U.P. lseollons
Lin*—* a Lin• bo[l 200' of 115' of ends of Shoo- fly,
• , Contract 8 Ramon 750' of 112'Traok.
Track Ne.9. Remays a Replace 399' of IIO' T,,5 as. and old U.P. Locations (Note, 200' at U.P, r—;-
t 1111 Project eemDl•te horrn n Phase IC)
T—s N0.6, Line er 8 Line bock 2Q0' of IIO'Track ar ends of Shoe-lly.
Conatruet a Remora 730 of 112 Track.
Track No. 71 X-osr, Rslocato 11 Replace 194.8' of Track cornyf hs.
TraeL Ne.43 X-onr, Atmore a Replan 133' of 113' Incl. E.T.O.
Track Ne.7 X-o•or. Raixeta 9 Rap— 26T.9'of Track complete,
pMA��IE (
oc7 f7e. $'R�pmooeeie a170'• 01173'Trpc61N.IIn)d urrGr Phew I -I
crock No.9,
th N•C.ssory algnol .ark. -
EXHIBIT A
Showlnp Temporary Arrangement of A.T. a S.F. Tracks
for Construction of Proposed Texas Ave. Underpass In
Lubbock. Texas
CSS A
Plan 1 •50'
Efe[ 1'• 10'