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HomeMy WebLinkAboutResolution - 1815 - Agreement - BNRC - Quirt Ave Overpass Project - 09_13_19841 Resolution #1815 September 13, 1984 Agenda Item #22 JWF:rm RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: That the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of said City an agreement to be entered into by and between said City and Burlington Northern Railroad Company concerning and relating to the 34th Street and quirt Avenue Overpass Construction Project of said City, 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 copies herein in detail. Passed by the City Council this 13th day of Septe er , 984. 7ZQ-L AL ENRY, KAYORr ATTEST: yap APPROVED AS TO CONTENT: t J)A Bo�tram, Assistant City Manager f r De elopment Services 0.Va 14L J. Worth Fullingim, AssistantlCity Att rn y l/ "C,ry �o.�y • Resol(ition J815 LUBBOCK, TEXAS CONSTRUCTION AND MAINTENANCE AGREEMENT Quirt Avenue Overpass M.P. L.S. AGREEMENT made this day of , 19 'ry, between the CITY OF LUBBOCK, A political Subdivision of the State of Texas, hereinafter called the "CITY", and BURLINGTON NORTHERN RAILROAD COMPANY, a Delaware Corporation, hereinafter called "RAILROAD": WITNESSETH: WHEREAS, in the interest of aiding motor vehicle traffic, the City proposes to construct a highway overpass bridge at Quirt Avenue, the center line of which will cross Railroad's right of way and tracks at Railroad Milepost 358.43 on Railroad's Fort Worth 5t1i Subdivision located in Lubbock, Texas; and WHEREAS, in connection with said highway construction, the City is desirous of acquiring permanent easement for encroachment of Railroad's right of way, as shown on Exhibit "A", attached hereto and by this reference made a part hereof; and WHEREAS, the parties hereto desire the said project to be constructed in accordance with plans and specifications to be prepared by the City; and WHEREAS, in connection with said project, it will be necessary for the Railroad to perform certain work on its facilities; and WHEREAS, City is willing to undertake the construction of said project with available funds and Railroad is willing to consent to the execution of City's project upon the terms and conditions herein stated and not otherwise: NOW, THEREFORE, in consideration of the premises and the mutual dependent promises hereinafter contained, the parties agree as follows: i The Railroad will grant to the City, at no cost, by separate instrument, an easement for bridge piers and air rights, upon, over and across that portion of its right of way as shown outlined green on said Exhibit "A". The Railroad hereby grants to City the right to enter its right of way as shown outlined green on Exhibit "A". II City shall submit to Railroad prior to the commencement of any work hereunder plans and specifications of the work to be done on Railroad's right of way. No work pursuant to said plans and specifications will be commenced on 1 1 0 Railroad's right of way before notice to proceed is given by Railroad's Chief Engineer to City. Nothing provided in this agreement with respect to said plans and specifications shall be construed or deemed to be a ratification or an adoption by Railroad of said plans and specifications as its own. III The City and Railroad shall perform the various items of work as follows: A. WORK TO BE PERFORMED AND MATERIALS TO BE FURNISHED BY THE CITY OR ITS CONTRACTOR AT CITY EXPENSE: 1. Except as otherwise herein provided, furnish all plans, engineering, supervision, labor, material, supplies and equipment necessary for construction of the project, complete in all details. 2. Provide adequate drainage of highway bridge away from railroad tracks and protect track drainage to the satisfaction of the Railroad. 3. Perform all work not specifically mentioned as work to be performed by the Railroad necessary to complete the project in accordance with plans and specifications. B. WORK TO BE PERFORMED AND MATERIALS TO BE FURNISHED BY THE RAILROAD AT CITY EXPENSE: 1. Provide flagging as deemed necessary account operations of the City or its contractor. IV If Railroad enters into a contract or agreement with a contractor to perform any of the work which Railroad is required to perform under the terms of this agreement by reason of the construction of the City's project Railroad, for itself, its assigns and successors in interest, agrees that it will not discrim- inate in the choice of contractors and will include all the non-discrimination provisions set forth in Exhibit "B", attached hereto and by this reference made a part hereof, in any such contract or agreement. V C'� J,$• All work provided to be done by �.urfty or its Contractor on Railroad's right of way or in the vicinity of Railroad's tracks shall be done in a manner satisfactory to Railroad and shall be performed at such times and in such manner 2 as not to interfere unnecessarily with the movement of trains or traffic upon C � �•8, the track of Railroad. Cquftfy will require its Contractor to use all care and precaution necessary to avoid accident or damage to, or interference with, Railroad tracks or trains and to notify Railroad's Superintendent at Fort Worth, Texas, a sufficient time in advance whenever the Contractor is about to perform work on or adjacent to Railroad's right of way and tracks to enable Railroad to furnish flagging and such other protective services and devices as in Railroad's judgement may be necessary to insure safety of Railroad operation. Wherever safeguarding of trains or traffic of Railroad is mentioned in this Agreement, it is intended to cover and include all users of Railroad tracks having permission for such use. Railroad shall give oral notice to City in advance of the employment of flagmen and the use of protective services and devices, and the need therefore; and said City will then issue a written order for the flagmen and protective services and devices required by the Railroad. City will reimburse Railroad directly for all costs incurred for flagging and other protective services and devices furnished in accordance with said orders. Bills for said costs for flagging and other protective services and devices ascertained in accordance with the provisions of FHPM 6-6-2-1 and FHPM 1-4-3 and other pertinent instructions issued by the Federal Highway Administration, Department of Transportation, will be submitted by Railroad currently during progress of the work contemplated by this agreement and City shall pay such bills. Railroad will 'submit complete billing for flagging and other protective services and devices within one hundred twenty (120) days after completion of the project, provided City advises Railroad of the commencement of the one hundred twenty (120),day period by notifying Railroad of completion of the project. Attached hereto, marked Exhibit "C" and by this reference made a part hereof, is a statement of conditions when flagmen and other protective services and devices will be furnished by Railroad. All contracts between the city and its contractor for either the construction herein provided for or maintenance work on the highway within crossing areas described herein or shown on the exhibits attached hereto, shall require the contractor to protect and hold harmless the Railroad and any other railroad company occupying or using the Railroad's right of way or line of 3 railroad against all loss, liability and damage arising from activities of the contractor, its forces or any of its subcontractors or agents; and shall further provide that the contractor shall: A. Furnish to the Railroad Company a Railroad Protective Liability Policy in the form provided by FHPM 6-6-2-2. The combined single limit of said policy shall not be less than Two Million Dollars ($2,000,000) for all damages arising out of bodily injuries to or death of any person or persons and for all damages arising out of the. loss or destruction of or an injury or damage to property.in any one occur- rence, and, subject to that limit a total (or aggregate) limit of not less than Six Million Dollars ($6,000,000) for all damages arising out of bodily injuries to or death of any person or persons and for all damages arising out of the loss or destruction of or injury or damage to property during the policy period. Said insurance policy executed by a corporation qualified to write the same in the State in which the work is to be performed shall be in the form and substance satis- factory to the Railroad Company shall be delivered to and approved by the Railroad Company prior to the entry upon or use of its property by the Contractor. B. Carry regular Contractor's Public Liability and Property Damage Insurance as specified in FHPM 6-6-2-2 providing fo a'limit of not less than Five Hundred Thousand Dollars ($5,000,00$j�afor all damages arising out of bodily injuries to or death of one person and, subject to that limit for each person, at total limit of not less than One Million Dollars ($1,000,000) for all damages arising out of bodily injuries to or death of two or more persons in any one accident; and providing for a limit of not less than Five Hundred Thousand Dollars ($500,000) for all damages t9$or destruction of property in any one accident and subject to tha{c limit a total (or aggregate) limit not less than One Million Dollars ($1,000,000) for all damages to or destruction of property during the policy period. A certified copy of the policy providing said Contractor's Public Liability and Property Damage Insurance, executed by a corporation qualified to write the same in the State in which the work is to be performed, in form and substance satisfactory to the Railroad shall be delivered to and approved by the Railroad prior to the entry upon or use of the Rail- road's property by the Contractor. If the City, its contractor, subcontractors or agents, in the performance of the work herein provided for or by the failure to do or perform anything for which it is responsible under the provisions hereof, shall damage or destroy any property of the Railroad, such damages or destruction shall be corrected by the City in the event its contractor or the insurance carriers fail to repair or restore the same. VII Upon completion of the items of work herein stated the City shall require its contractor to leave the Railroad right of way in a neat condition satisfactory to the Railroad. VIII Upon completion of the project, neither party shall do or permit anything to be done to reduce the horizontal or vertical clearances provided by plans; provided, however, that the Railroad reserves the right to make such ballast raises to its existing and future tracks, as in its opinion, may be rn W justified, and further reserves the right to make changes or additions to its facilities within the limit of the grade separation structure. In the event any changes in or additions to the track or other facilities of the Railroad or the City are made in the future, the usefulness of said highway bridge for the purpose of said grade separation shall not be impaired. IX The City shall maintain, repair and renew, at its own expense, the said overhead highway bridge, including all the appurtenances thereto and thereof. The City agrees that, prior to commencement of any such work of maintenance, repair or renewal of said overhead highway bridge, it will furnish, the Railroad details of the proposed work and description of the manner in which the work is to be performed. The City agrees that it will reimburse the railroad for all costs and expenses of any nature whatsoever incurred by it in connection with the City's maintenance, repair or renewal project. X In the event said grade separation structures shall cease to be used for highway purposes, the City shall forthwith, notify the Railroad of such abandonment, and upon such abandonment shall promptly, at its own expense, remove said grade separation structure and approaches thereto located upon the property of the Railroad, except the unless it is mutually agreed, within thirty (30) days following City's notification of abandonment, that portions or all of said grade separation structure and approaches are to be left in place. Said removal and cleaning up of the Railroad's property shall be done to the satisfaction of the Railroad. The City agrees that in the event it fails to remove said grade separation structures and approaches as aforesaid, the Railroad may remove same to the extent it deems desirable and clean up said property, and the City agrees to reimburse the Railroad for all expenses incurred upon presentation of bills therefor. XI This Agreements shall inure to the benefit of and be binding upon the parties hereto, their successors and assigns. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first herein above written. 5 BURLINGTON NORTHERN RAILROAD COMPANY By: Title: VICE PRESIDENT -GENERAL MANAGER REGION CITY OF LUBBOCK Witness By: Title: au1384231427p44 6 No Text NONDISCRIMINATION CLAUSES During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "con- tractor"), agrees as follows: (1) Compliance with Regulations: The Contractor will comply with the Regulations of the Department of Transportation relative to nondis- crimination in federally,. assisted programs of the Department of Transportation (Title 49, Code of Federal Regulations, Parts 21 and 27, 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 performed by it after award and prior to completion of the contract work, will not discriminate on the ground of handicap, race, color or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix "A," "B," and "C" of Part 21 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 subcontract, including procurements of materials or equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the ground of handicap, race, color or national origin. (4) Information and Reports: The contractor will provide all information 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 Highway Department or the Federal Highway Administration to be pertinent to ascertain compliance with such Regu- lations, 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 Highway Department, 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 non- compliance with the nondiscrimination provisions of this contract, the State Highway Department 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 paragraph (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 contractor will take such action with respect to any subcontract or procurement as the State Highway Department 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 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. EXHIBIT B STATEMENT OF CONDITIONS WHEN FLAGMEN, PROTECTIVE SERVICES AND DEVICES WILL BE FURNISHED BY THE RAILROAD Railroad flagmen, protective services and devices will be furnished but not limited thereto for the following conditions: (1) When in the opinion of the Railroad protection is necessary to safeguard the Railroad's trains, engines, facilities and property. (2) When any work is performed over, under, or in close proximity to tracks or any Railroad facilities. (3) When work in any way interferes with the operation of trains at usual speeds or threatens, damages, or endangers track or Railroad facilities. (4) When any hazard is presented to Railroad communications, signal, electrical, or other facilities either due to persons, material, equipment or blasting in the vicinity. (5) Where or when material is being hauled across tracks. Special clearance must be obtained from the Railroad before moving heavy or cumbersome objects and equipment which might result in making the track impassable. COST OF FLAGGING AND OTHER PROTECTIVE SERVICES AND DEVICES (a) (b) (c) (d) NUMBER CLASSIFICATION BASE PAY HEADQUARTERS ,3 sctfionrna7 ��/. /,t Lv66x.E NOTES: (aT_A full flagging crew generally consists of three men. Under certain conditions more than three men may be required or a lesser number may be sufficient. However, additional personnel, such as communications linemen and/or signalmen may be used to protect communications and signal facilities, if deemed necessary by the Railroad. (b) The Classification is shown solely for the prospective bidder's information, and there is no guarantee that the above classes of labor will actually be used or that the rates of pay shown in column (c) will be those in effect at the time the work is undertaken. (c) Shows base pay rate per man per hour for normal eight —hour shift if effect ,r&ffi� i , 19'e-it. (d) Estimated costs for travel per employee from headquarters to job site and return is per round trip. The estimated daily cost for meals and other accommodation is $�ye��f/��per employee. (e) In addition, protective devices, such as crossing signals, indicators, telltales, lights, telephone, etc. may be required. In this connection telltales may be installed by the Railroad, at its option, as a condition of its approval of any proposed restrictions of vertical clearance during construction to less than 22 ;1 feet. (f) It shall be the duty and responsibility of the State and its Contractors to notify the Railroad's Division Superintendent at least forty—eight (48) hours in advance of when flagmen or other protective services and devices are required. To all direct labor costs, there shall be additional charges for Vacation Allowance, Health and Welfare, Railroad Retirement and Unemployment Taxes; Public Liability, Property Damage and Workmen's Compensation Insurance; and accounting and billing. For estimating purposes only, these additives collectively may be considered as approximating l&f.f_% of direct labor costs.