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HomeMy WebLinkAboutResolution - 3114 - Agreement - BNR Company - Crossing Reconstruction, Quirt Avenue - 06/08/1989Resolution # 3114 June 8, 1.989 Item #22 JWF:js 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 for crossing reconstruction and repairs on Quirt Avenue to be entered into by and between the City of Lubbock and Burlington Northern Railroad Company, 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 8th day of June , 1989• B. C. McMIN , MAYOR Ranet(e Boyd, City Secretary APPROVED AS TO CONTENT: Larry D. flertel, City Engineer APPROVED AS TO FORM: , I �05� 4-j�� J. or h Fullingim, Assistant Cit Att r ey AGREEMENT between BURLINGTON NORTHERN RAILROAD COMPANY and CITY OF LUBBOCK, TEXAS A Municipal Corporation ************* Covering construction of rubber crossing surface at Burlington Northern Railroad tracks and Quirt Ave., in the City of Lubbock, Lubbock County, Texas. 1 THIS AGREEMENT, entered into the day and year last below written, by and between the Burlington Northern Railroad, hereinafter called the "Railway Company", and the City of Lubbock, Texas, a municipal corporation, hereinafter called the "City", WITNESSETH: The City proposes to upgrade track crossing on Quirt Ave. in the City of Lubbock, Lubbock County, that will require the construction of a rubber surface crossing, hereinafter called the "crossing". The proposed construction will include grading, drainage, surfacing, installation of railroad grade crossing at the proposed crossing. It is agreed that each of the parties hereto shall perform certain work in connection with the construction and maintenance of the project, and that the expense of construction and maintenance thereof shall be borne as hereinafter provided. AGREEMENT: ARTICLE I In consideration of the covenants of the City hereinafter contained and the faithful performance thereof, the Railway Company agrees: 1. To license or permit, without compensation other than the covenants of the City hereinafter contained, the construction and use of said crossing, including drainage structures appurtenant to the project on its right-of-way (as shown in Exhibit B"), and in accordance with the plans for the proposed project, as approved by the parties hereto; reserving, however, the Railway Company, its successors, assigns, tenants or lessees the right to construct, operate, rearrange and maintain along or across said right-of-way such tracks and facilities over said crossings and such pipe lines,m communication, signal and electrical transmission lines, either over or under said crossings, as the Railway Company, its successors, assigns, lessees or tenants may find necessary and convenient, provided that any such construction, reconstruction, rearrangement, etc. does not in any way endanger or unnecessarily impair the use of said crossing. 2. To prepare plans and estimates for approval of the City to furnish all materials for the following item of work: (a) The removal of existing crossing surfaces. (b) The installation of rubber crossing surfaces. (c) Make temporary and permanent adjustment of its tracks; wire lines, fences and other Railway Company facilities. (d) Furnish railway flagging. (e) Any other railway work necessary to complete this project as planned and approved, including removal and replacement of tracks, track structures and appurtenances. 3. To provide railway flagging service during performance of the contractor's operations in accordance with the Special Provisions for Flagging included in the construction contract. 4. To provide railway field engineering and inspection to the extent that such engineering and inspection is believed to be necessary to protect the Railway Company's interests during the construction period. 5. - To obtain all materials purchased for its portion of the work. - 6. To sample and test all materials used in its portion of the work, and to reject all materials which do not conform to the governing specifications. 7. To commence its portion of the work as soon as possible after receipt of notice from the City to do so, and to prosecute such work dill yently to the conclusion of its obligations hereunder. This is with the understanding that the various portions of work will have to be done in sequence to comply with the construction phases. 8. To grant the City's representatives access to all parts of the work at all times. 9. To keep its account of work performed hereunder in such a manner that they maybe readily audited by representatives of the City and actual costs plus additives of such work readily determined, and to grant said representatives free access to such accounts at all reasonable times. 10. WHEREAS, said crossing has been constructed and it is the intent of the parties to provide for allocation of costs of maintaining said crossing and the active warning devices protecting same; (a) Railway Company hereby agrees, during the term of the agreement, to maintain, renew, rehabilitate and repair the crossing and the tracks of Railway Company end of tie to end of tie. (b) This agreement shall remain in full force and effect so long as crossing crosses the tracks of Railway Company, unless terminated by mutual consent of the parties hereto. 11. The Railway Company shall pay for the items as shown on page 1 of Exhibit A hereto attached. ARTICLE II In consideration of the covenants of the Railway Company hereinbefore contained and the faithful performance thereof, the City agrees: 1. To provide and place necessary asphalt. 2. To arrange forthe closing of road and detour of traffic during construction. 3. To sample and test all materials used in its portion of the work and reject all materials which do not conform to the governing specifications. 4. To appoint and keep competent inspectors on the work under its supervision. 5. To construct a barrier or curb on West approach to narrow City Street to maximum of 40 feet usable width at railroad crossing. 6. The City shall have the right to inspect the work to be performed hereunder by the Railway Company at any time during its progress and to make final inspection upon completion thereof. Failure of the City to object, within twenty (20) days after final inspection, shall indicate satisfactory performance on the contract by the Railway Company; however, written approval may be made by the City within the 20 day period. ARTICLE III 1. The City shall reimburse the Railway Company for material expenses - _- - incurred -by -said Railway Company in performance of work outlined under Article - Sections 2 through 6, as defined in estimate dated April 5, 1989 and shown on page 2 of Exhibit A hereto attached. 2. The City shall pay the entire amount due on the contract or contracts let by it for the construction of work set forth in Article II of the Agreement. 3. Reimbursement to the Railway Company will be made for materials furnished, including, but not limited to, insurance premiums and coverage at the rate and amount set forth in the approved cost estimate attached, (119,900) and 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. 4. Railroad and utility company bills. Upon satisfactory completion of the work performed by the railway Company underthis agreement and receipt of a statement in proper form, the City shall make payment to the Railway Company. ARTICLE IV "The Railway Company agrees in the performance of this contract not to discriminate on the grounds or because of race, creed, color, national origin or ancestry, sex, religion, handicap, age, or political opinion of affiliation, against any employee of the Railway Company of applicant for employment and shall include a similar provision in all subcontracts let or awarded hereunder." IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers of representatives on the dates set forth below. BURLINGTON NORTHERN RAILROAD COMPANY By Title Date .20 ATTEST: CITY OF LUBBOCK, TEXAS By�►� Title B. C. McMINN, MAYOR Date June 8, 1.989 :ATTEST: Rin-ett Boyd, City Secreta APPROVED AS TO CONTENT: D� Larry He e.l, City Engineer APPROVED AS TO FORM: C. J. rtFu ingim, Assistant City orney 4 BURUNGTON ' AFE ESTIMATE SHEET � NORTHERN W Estimated cost to install I0' rubber crossing surface on Quirt Avenue in Lubbock, TX. LINE SEGMENT No. 487 PART I - BN EXPENSE Acct. 8 - Ties 50 Ea. - No. 5 Cross Ties Labor to Unload & Place Work Train Sheet No. 1 of 2 Capital Non -Cash Oper. Tata (71%) 955 460 s0 TOTAL 1,465 1,465 Acct. 9 - Rail & OTM 216 LF - Rail 115# SH 4.14 N.T. 4 Ea. - Field Welds 4 Ea. - Compr. Joints 24 Ea. - Track Bolts 24 Ea. - Washers 241 Ea. - Track Spikes 100 Ea. - Tie Plates SH 400 Ea. - Rail Anchors Store Expense Labor to Relay 108 TY (75%) Labor to Place Field Welds Work Train TOTAL Acct. 11 - Ballast 42 NT - Cr. Rock - Ryder Labor to Unload & Place Work Train 350 220 485 35 10 55 200 370 140 530 380 75 2,300 550 2,850 205 170. 20 TOTAL 395 395 Acct. 39 - Public Improvements; Const. Labor to Place 70 Rubber Crossing 4,480 TOTAL 4,480 4,480 Overheads Labor -Additives Business Expense Transportation Contingencies 5,730 495 190 445 TOTAL 6,860 6,860 GROSS COST- PART I 15,500 550 16,050 F-;<)4)8 rr A PA 4rc ) of A" BURUNGrON AFE ESTIMATE SHEET RNORTHERN AILROAD PART 11- CITY OF LUBBOCK EXPENSE Acct. 709 - Accrued Accounts Receivable 69 AU LF - Rubber Crossing Su ace 84 LF - Stabilization Fabric 188 LF - 6" Perf. Pipe 4 Ea. Perf. Tees 4 Ea. - Perf. Ells 32 Tons - Asphalt Traffic Control Material Handling Freight Contingencies TOTAL Acct. 761 - Use Tax - State & Provinces State Tax TOTAL GROSS COST- PART II ESTIMATED GROSS COST- ALL PARTS Office of Division Engineer Ft. Worth, TX April 5, 1989 FRH Sheet No. 2 of '2 Labor Material Total 12,620 150 1,120 265 200 1,280 1,000 1,320 310 835 19,100 19,100 800 800 800 19,900 19,900 35,950 rX N iR,r J DA, -;, „•r PRAIRIE DOG STATE C3 mire dim man= ION IAKES IM®RNM A, I SOUTHEAST LOOP 269 64 Ck IV HOME Mh BURLINGTON NORTHERN RAILROAD ENGINEERING DEPARTMENT - MAINTENANCE OF WAY 6851 N. E. Loop 820 Suite 300 Fort Worth, Texas 76180 May 19,1989 K. Smith - P.E. Engineering Dept. City of Lubbock P.O. Box 2000 Lubbock, TX 79457 Re: Full depth rubber crossing on Quirt St. in Lubbock. Dear Mr. Smith: Returning herewith is copy of agreement which has been revised per your request. If this meets your approval please have executed by city and return for our handling. Sincerely, E. A. Wilson Engineer Public Works tit