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HomeMy WebLinkAboutResolution - 2120 - Agreement- TDHPT & ATSFRC- Broadway Over/Underpass Maintenance, I27 Construction - 08/22/1985JWF:js RF,;nI IITTnN Resolution #2120 August 22, 1985 Agenda Item #29a 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 State Department of Highways and Public Transportation of the State of Texas, and the Atchison, Topeka and Santa Fe Railway Company concerning Interstate Highway 27 construction, Broadway underpass and overpass construction in connection therewith, and provisions for future maintenance thereof, attached here- with, 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 ATTEST: Ranette-Boyd, City Secretary APPROV,D AS TO CONTEN 1 Larry Hof.W, Di APPROVED�S/ TO FO 22nd day of August / I_A44Z_41.0_� ALA HENRY, IWYOR Transportation Y�t& a 61, iia o -A J. Wo Fu lingim, Asst. City Atto ey 1985. tyL Lubbock County c `-nl 67-11-19 0-2 n7-7(49 ) 305 6,�-�Highway 27 STATE OF TEXAS COUNTY OF TRAVIS § THIS AGREEMENT, made on the dates hereinafter shown, by and between the State of Texas, acting by and through the Bridge Engineer of the State Department of Highways and Public Transportation, hereinafter called the "State," Party of the First Part; The Atchison, Topeka and Santa Fe Railway Company, a corporation, hereinafter called the "Company," Party of the Second Part, acting by and through its official contracting executives, and the City of Lubbock, hereinafter called the "City," Party of the Third Part, acting by and through their respective contracting officers. W I T N E S S E T H WHEREAS, Interstate Highway 27 crosses the tracks and marshaling area of the Company at South Main Track Station 223+90 (Highway Station 305+54.59) and Broadway crosses said tracks and marshaling area at South Main Track Station 222+10.6 (Broadway Station 16+29.25) in Lubbock, Lubbock County, Texas, and the State proposes to separate the track and respective roadway grades by the construction of an overpass and an underpass as shown on the prints marked Exhibit A attached hereto and made a part hereof. 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 the State license and permission for the construction, maintenance and use of the aforesaid overpass and highway and for construction of the aforesaid underpass and approaches across its property at the location and in the manner shown on Exhibit A. License and permission for maintenance and use of the underpass and approaches, except as provided in paragraph 13 hereof, are hereby given to'and reserved unto the City. Grade Separations 1 D-5RR 2. The State agrees to and will prepare plans and specifications, subject to approval by the company, for the proposed overpass and under- pass structures. Said plans and specifications, after having been approved in writing by the State and the company, are hereby adopted as plans and specifications covering the construction of said overpass and underpass and, when so approved, shall be attached hereto, marked "Exhibit B," and made a part hereof. No changes in the Exhibit "B" are to be made without the written approval of such changes by the State and the company. 3. Cost of preliminary engineering ineligible for reimbursement with Federal funds due to being incurred prior to date of program appro- val will be reimbursed with State funds if incurred after the State's request for preparation of estimates. 4. 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 required by the construction of the project, as may be necessary to maintain con- tinuous 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. The company shall prepare the estimates, subject to approval by the State, for the adjustment of such facilities. Such estimates shall be attached hereto. Any known work to be done, not shown in the estimates, will not be paid for. 5. The 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 company which is performed 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 on the project. Such assembly may be undertaken sufficiently in advance to assure prompt delivery but reim- bursement for any materials or handling charges will be contingent upon the issuance of a work order by the State to the company. 6. 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. 7. Railroad and utility company bills. a. The company may submit monthly bills prepared in satisfac- tory 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 payment to the company. The amount of such Grade Separations 2 D-5RR payment may be up to 90% 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 company for work performed and materials furnished in accordance with this agreement and approved plans and speci- fications 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 90% of the cost of such work. Subsequent to the 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. 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 Highway 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 reimbur- sement 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. 9. In the event that contruction is not undertaken, or in the absence of a work order being issued by the State to the company, the State will not be responsible for any expenses incident to any cost incurred in connection with 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 material for and perform the work to be done by it hereunder in accordance with approved plans and specifica- tions referred to in paragraph 2 hereof. 12. The State shall install the overpass and underpass structures, drainage facilities and build its highway, the underpass approaches, sidewalks and pavement across the company's right-of-way as shown on plans and in accordance with approved specifications and shall maintain or arrange for the maintenance of these facilities except as provided in paragraph 13 hereof. 13. Upon completion of the underpass, 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 approaches, including walks and drainage across the company's right-of-way. The company, at its expense, shall maintain the super -structure units of the underpass, Grade Separations 3 D-5RR including the beams, shoes, deck, waterproofing, track and all company facilities, except that the City will assume the repair costs on damage to beams and/or deck by vehicular traffic. In the event of damage to beams and/or deck by vehicular traffic, the extent and method of repair shall be agreed upon by the City and company. In the future maintenance painting of the structural steel, the company shall retain the original aluminun color and keep the underpass structure free of all advertising matter or insignia, except such identification lettering as may be approved by the City. 14. If provided by the plans and specifications, the company shall furnish and install materials for the inner guard rail, of the company's standard design through the overpass structure. The rail, angle bars, tie plates and frog points, for the guard rail, shall be secondhand. 15. The State assumes the entire responsibility for the construc- tion, maintenance and use of said Interstate Highway 27 upon the company's property at the location herein described; and nothing con- tained herein shall ever be construed to place upon the 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 construction, maintenance or use of the portion of said Interstate Highway 27 located upon the company's said property. 16. The license, given hereby, shall not prevent, in any way, the company from operating its trains, multiplying or changing its tracks or other structures across the land over which license has been given or under the overpass 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. 17. 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 Manufactures' 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 property 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 injury to/or destruction of property during the policy period. If any part of the work is sublet similar insurance shall be pro- vided by or in behalf of the subcontractors to cover their operations. Grade Separations 4 D -5R -R B. Contractors' Protective Liability Insurance. The Contractor shall furnish to the State a certified copy of an insurance policy which, with respect to the operations performed for him by sub- contractors, provides in his behalf regular Contractors' Protective Liability Insurance broviding 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 pro- viding for a limit of not less than five hundred thousand dollars ($500,000.00) for all damages arising out of injury to/or destruc- tion of property 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 injury to/or destruction of property during the policy period. C. Railroads' Protective Liability and Property Damage and Physical Damage to Property Insurance. The Contractor shall fur- nish an original policy to the State for and in behalf of the com- pany which, with respect to the operations he or any of his subcontractors perform, provides the Standard Railroad Protective Liability Policy, with coverage as outlined in General Casualty Bulletins No. 258, dated July 9, 1958, No. 345, dated February 19, 1965, and No. 365, dated August 4, 1967, issued by the State Board of Insurance of Texas, providing for Bodily Injury, Death and Property Damage limited to a combined amount of two million dollars ($2,000,000.00) per occurrence, and subject to a total (or aggregate) limit of six million dollars ($6,000,000.00). D. General. Said original and certified copies of insurance poli- cies as specified in paragraphs A., B. and C. shall be furnished to the company by the State. The insurance in paragraphs A. and B. shall be carried until all work required to be performed under the terms of the contract is satisfactorily completed as evidenced by the formal acceptance by the State, and the insurance in paragraph C. shall be carried until all work to be performed on the company's right-of-way has been completed and the temporary grade crossing, if any, is no longer used by the Contractor. 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 th,e 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. Grade Separations D-5RR (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 procurements of materials and leases of equipment. The contractor will not par- ticipate either directly or indirectly in the discrimination prohibited 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 Subcontracts Including Procurements of Materials and Equipment: In all solicitations either by competitive bid ing or negotiation made by the contractor for work to be performed under a sub- contract, including procurements of materials or equipment, each poten- tial 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 race, color, or national origin. (4) Information and Reports: The contractor will provide all infor- mation and reports required by the Regulations, or orders and instruc- tions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its facilities as may 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 suspenstion of the contract, in whole or in part. (6) 'Incorporation of Provisions: The contractor will include the pro- visions of paragraphs through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, orders, or instructions issued pursuant thereto. The contractor will take such action with respect to any subcontract or pro- curement as the State or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for non- compliance: Provided, however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor Grade Separations 6 D-5RR V. 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. 19. The Company shall retain adequate cost accounting records for auditing purposes for a period of three years after payment of the final bill. 20. In accordance with the Federal -Aid Highway Program Manual, Volume 6, Chapter 6, Section 21 Subsection 1, the Company will not be required to participate in the cost of the project. 21. The City assumes the entire responsibility for the maintenance and use of said Broadway upon the Company's property at the location herein described; and nothing contained herein shall ever be construed to place upon the 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 construction, maintenance or use of the portion of said Broadway located upon the Company's said property, provided, however, that this provision shall in no way relieve the Company from liability for injury to or death of persons or damage to or loss of property occurring on the portion of Broadway located upon Company's property which is caused in whole or in part by the negligence of the Company in the maintenance or use by the Company of the Company's facilities at the location herein described. 22. The City and Company mutually agree that this agreement will cancel and supersede the agreement assigned Company's Secretary's #4384 dated January 18, 1929, between the City and Panhandle and Santa Fe Railway Company and The Pecos and Northern Texas Railway Company predecessor companies to The Atchison, Topeka and Santa Fe Railway Company pertaining to the original construction of the Broadway underpass. -7- IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in triplicate on the dates indicated. THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY THE STATE OF TEXAS Certified as being executed for the purpose and effect of By: 0�� activating and/or carrying out (Title) Date the orders, established policies, or work programs EXECUTIVE' V;CE heretofore approved and ATTEST: authorized by the State High- way and Public Transportation Commission: v.MOLM5 601-M -= =t Bridge gineer Date s Assistant Secretary for Company Under authority of State Highway and Public Transporta- tion Commission Minute Order No. 82513. RECOMMENDED: Title APPROVED AS TO FORM: Attorney for Company RECOMMENDED FOR APPROVAL: �Chiefne'br-, e Design rervising Office Engineer ATTEST: Title C' I Ty 1"A4Y RECOMMENDED: MIA -11, 1/ 8 r • � w 3805 7 v v z o c a v < v M 1Z z 0 9 0 Q�x �0 . C F \1i Z O ` y \ C W r� i 'V I r NNi� I c 0 ( I i I i i I i � � 0 � � I C I I �. N N, �0 i o � I wo/--fh Trac, MO. 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