HomeMy WebLinkAboutResolution - 1814 - Agreement - ATSF Railway - Quirt Ave Overpass Project - 09/13/1984R; Resolution #1814
September 13, 1984
Agenda Item #21
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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 the City of Lubbock an Agreement
to be entered into by and between said City and Atchison, Topeka and Santa
Fe Railway concerning an overpass structure roadway over said Railway
Company's right of way in the 34th Street and Quirt Avenue vicinity,
attached herewith, 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 13th
ATTEST:
y secretary
APPROVED AS TO CONTENT:
<;��� &, 54��
'mes E. Bertram, Asst. City Manager
AP ED AS TO FORM:
J. Wo 9
Fullingim, Asst. CityAt rney
day of September , 1984.
� P-?Y—
>AL HENRY, AYOR
AGRE�EMENT,Made as of this /S'`h day
of J4. toher - 1911j befw n THE
ATCHISUN, TUPEKA AND SANCTA FE RAILWAY
COMPANY , a Delaware Corporation,
hereinafter called "Santa Fell, first
patty end the CITY OF UJBBO(X, TEXAS, aE1
Political subdivision of the State of
Texas, acting herein by its City Manager,
hereunto duly authorized, hereinafter
called "City", second party;
RECITALS:
Sang Fe owns end operates 8 line of railroad in and through the
State of Texas.
City, in connection with the extension of Quirt Avenue, desires to
construct a crossing over Santa Fe's tracks at separated grades at a point
hereinafter designated, so as to pass over by means of a concrete overpass and
approaches thereto, hereinafter referred to es "structure", the right of way
and tracks of 'Santa Fe at Lubbock, Lubbock County, State of Texas.
The proposed structure will cross over Santa Fe's right of way and
tracks at the location shown on print, Chief Engineer, Chicago, Illinois,
dated March 8, 1984, marked Exhibit "A", attached hereto and made a pert
hereof.
The term "structure" as used in this agreement to refer to
construction affecting Santa Fe in the proposed highway project, shall include
construction of the separated astructure, ,accessary changes to communications,
and electrical lines and appurtenances, highway and other gr+eding, highway
pavement, highway lighting, drainage facilities and/or all other work of every
kind and character necessary to ;accomplish the construction of the grade
separation structure across Santa Fe's right of way and tracks.
The parties hereto desire to express in writing their understanding
and agreement pursuant to wh ch said structure is to be constructed, used, ,and
maintained.
AGREEMENT
In consideration of the covenants of City hereinafter contained,
and the faithful.performance thereof, Santa Fe agrees:
1* for and in consideration of the sum of ONE AND NO/:BOOTHS
flMLARS ($1.00)10 Cash to it paid by the City, the receipt of which is
hereby acknowledged, and of the full and faithful performance by City of
all the terms of this agreement required by it to be performed, to grant
and hereby does grant to City, its successors and assigns, all upon end
subject to the terms and conditions hereinafter set forth, the aright to
enter upon and use the portion of Santa Fe's right of way shown by shading
on said Exhibit *A" for public roadway purposes and to construct the grade
separation structure, within the portion of said right of way on said
Exhibit "A"J excepting and reserving the right to be exercised by Santa Fe,
and by any others_ who have obtained, or may obtain, permission or authority
from Santa Fe so to do.
(a) To operate, maintain, renew and/or relocate any and all
existing railroad track or tracks, wires, pipes and other
faCilities of like character upon, over or ander the surface of
the said right of way.
(b) From time to time to construct, operate, maintain, renew
+End/or relocate upon said right of gray additional facilities of
the character described in Clause (a) of this paregraph, in such
manner as may be consistent with the enjoyment, safety end
compatibility of the use of the right of way for public roadway
purposes*
Santa Fe also reserves for itself, its successors and assigns,
lessees and licensees all rights in and to the airspace above the roadway
surface of the highway as originally constructed at an elevation higher
than a plane parallel with and 50 feet above the roadway surface of said
roadway, provided that such use shall not interfere with the enjoyment,
safety and compatibility of the use of the premises for roadway purposes as
herein granted.
-o2,.
This:right is given without warranty of title of any kind, express
or implied and no covenant of warranty of title shall be implied from the
use of any ygo or words herein contained, In case of the eviction of City
by anyone owning, or claiming title to or any interest in said premises,
Santa Fe shell not be liable to City for any damages of any nature
whatsoever,
2. Ta furnish all labor, materiel# tools and equipment and do
railroad work required due to construction of said structureg such railroad
work and the estimated cost thereof being as shown in Exhibit "8" attached
hereto wd made a part hereof, Any item of work incidental to those items
listed in said Exhibit 08" but not specifically mentioned therein may be
included as part of this egreement as an item of work. Construction of
said structure will require work by Santa Fe as follows,
(a) Dake such changes in the alignment, , Location end
elevation of the tunication, Signaal, end/or wire lines and
epperrtenGmes, along, over or under its right of gray and -tracks,
es may be necessary by reason of the construction of said
structure.
(b) Remove flashing light signals with gates upon completion
of construction of the overpass end closure of the 34th Street
grade Crossing,
(c) Remove crossing surfaces at the 34th Street grad
crossing«
(d) Furnish such watchmen am flagmen as may be necessary
for the safety of its property and the operation of its trains
during the construction of said structure„
(e) Furnish Engineer -Inspector as required for construction
of said structure.
.3..
3. To do all work herein. provided. to be done by Santa Fe in
fulfillment of its obligations hereunder with its own employees, working
under Railroad tabor Agreements and on a force-acoount basis.
4* To submit to City periodic bids covering the coat of work
performed by it, and upon ,completion of said structure, a detailed
statement of final costs, segregated as to labor and materials for each
item In the recapitulation on said Exhibit "810. The rates and sctedules
for labor, equipment and materials, and manner of billing sham .be as set
forth in the Federal Aid Highway Program Manuals, U. S. Department of
Transportation, and any revisions thereof or amendwnts thereto, which said
manual is hereby incorporated in and made a pert of this agreement by
reference.
5. To segregate from all other costs, the costs. for flagmen,
watchmen, etc., required to protect the Santa Fe's trains, personnel and
property due to the operations of the City's. Contractor or Contractors.
City will advise Santa Fes in writing$ the completion date of the structure
within 30 days after, structure iscomnplete,
b. To furnish rates applicable to the various classes of labor
which may be required for flagging in.connection with the structure. Said
rates. are shown on. Exhibit OC" attached hereto and by this reference made a
part hereof. Such mates are for guidance only and do not commit Santa Fe
not to alter or increase such rates.
ARTICLE II
In consideration of the covenants of Sante Fe, and the faithful
performance thereof, City agrees:
1. To prepare plans and specifications for said structures which
said pians and specifications shall be submitted to Santa Fe for approval
prior to commencement of construction., After having been approved by both.
4 ,.
parties hereto, said plans and specifications are hereby adopted and
Incorporated into this agreement by reference.
2. That it will inspect .the construction for said structure and
require such construction to be in compliance with the plans,
specifications.and contract documents.
To acquire all sights of way necessary for the construction
of said structure.
4. To do all necessary grading, to construct said structure,
provide suitable drainage and do all work provided for in ,the plans and
specification for said structure, except such work as Sante Fe herein
agrees to do,
5. To make any and all arrangements that may be necessary to
secure the location or relocation,of, wire lines, pipe lines and other
facilities, owned by private persons, companies, corporations, political
subdivisions or public utilities other -than Santa Fe, which it may be found
necessary to locate or relocate In any manner whatsoever due to the
construction of said structure.,
b.
To furnish all labor, materials, tools end equipment in doing
the work Wherein agrees to do, To dui all work called for on its part _in
such manner as not to interfere with the safe and tidy operation:of Santa
Fe's line of railroad.
9. To require its contractor or contractors to notify Santa Fe
48 hours in advance of any blasting, so.that proper flagging protection may
be provided to prevent damage to Santa Fels trains, personnel, and property,
—5-
8. To furnish Santa Fe, for approval, six copies of plans,,end
two sets of calculations of any falseworky shoring or cribbing that -may be
plated to be used over, under or adjacent to Santa Fe's tracks, and the
use of, such falsework will conform Ao the standard side end/or overhead
clearance as per State Statutes governing such clearances.
9. To incorporate in each prime contract for construction of
structure, or the specifications therefor# the provisions, entitled
"Relations with Railway Company" set forth in Exhibits "C", "C-1", and
"Cw2", attached hereto and made a part hereof.
10. That, except as hereinafter otherwise provided, all work to
be dame hereunder by City in the construction of said structure will be
done pursuant to as contract or contracts to be let by City to as contractor
or oontrectors, end all work performed thereunder within the limits of said
right of way shall be performed in a@ good and workmanlike manner and in
accordance with plans and specifications approved 'by Santa Fe and only
those 'changes or modifications during construction that affect Sa:ntaa Fe
shall also be subject to approvaal, by Santa Fe and v.11 such contracts, shall.
provider
(s) That all work performed over, under, or adjacent to the
track of the Santa Fe shall be done to the satisfaction abf Santa
Fe.
(b) That no work shall be com enced over or adjacent to
Santa Fe tracks until each of the 'prime contractors employed in
connection with said work shall have (1) executed and delivered to
Santa Fe a letter agreement in the foram of said Exhibit "C-10,. and
(ii) delivered to and secured the approval by Santa Fe of the
insurance required by sad Exhibit "C-2".
(c) That if, In the opinion of City, it shell be for the
best interest of City it may direct that the construction of said
structure be done by day labor under the direction and enrol of
City, ar If, at any time, in the opinion of City, the contractor
,ham failed to prosecute' with diligence and force the work
specified in and by the terms of said contract, it may :in the
manner provided by law,. terminate the contractor+s control over
said work and take possession of all or any part thereof, and
proceed to complete s by day labor or by ea ploying another
contractor or contractors on informal contracts, provided that all
such informal contracts shall require the -contractor to comply
with the obligations in favor of Santa Fe hereinabove set out in
Section 9 of this 'article Il, end provided further, that If such
;construction is performed by.day labor, City will at its expense
procure and maintain in behalf of Santa Fe insurance required by
.said Exhibit "C-21"+
ala 7b reimburseSanta Fe promptly upon receipt of bills for the
cosh of work done by Santa Fess farces compiled In accordance with the
terms of Article I, Sections 4 and 5« 7o accommodate the overpass
ronsttionO
12. That It will use the premises exclusively for the purpose
herein.'
13. That it will not let or sublet the whole, or +any part of the
premises for any purpose whatsoever without written consent of Santa Fe in
each ; instance.
.. 7 40
14. That it will deliver up to Santa Fe the premises, or any part
thereof, if at any time it sW1 cease to be used for the purpose herein
wi otherwise fully restore the 'premises to the condition in which they
existed prior to the beginning of the work herein covered immediately after
the need for such public use ceases to exist.
15. To notify Santa Fe in writing of the date on which City'# its
Contractor, and Santa Fe will meet for the purpose of sing final
inspection: of said structure.
16, City agrees to close the 34th Street. grade crossing
(D07 -014940E) of the Santa Fets Fourth District and furnish to Santa Fe a
Quit .Claim Creed to relinquish any interest that City, may have acquired to
the: use of Santa Fels property ,upon the opening of the Quirt Avenue
structure in consideration of Senna. Fels participation in the cost of
construction of the Structure across ,Santa Fets railroad in accordance with
paragraph ac (1) of the Federal -Aid Program Macuzal�V'olume 6, quer b,
Section 2, Subsection 1.
17. ` City agrees that Santa fete participation in the cost of the
Structure in accordance with Paragraph 16# above, is EIGHTY-FIVE THUMD
AND, 01100 DULARS ($45,000.00), and agrees that this mount will be
credited to City3s cost for the adjustment of Sante Fe facilities to
accommodate the construction of the Structure
18. City agrees that it will pay to Santa Fe the sum of
Fifty -Four 'Thousand Six Hundred Ninety and No/100 Dollars ($54,690.00)
which isthe difference between the estimated cost for adjustment of Santa
Fe facilities as estimated on Exhibit 08" and Sante Fels participation in
the cost of the Structure as an advance deposit prior to requesting
adjustment of the Santa
F: f8diities, if the actual cost to perform the work required is less
than estimated on Exhibit PBO, Santa Fe will refund difference to city. it .
the actual cost to perform the work exceeds that estir=�ted on Exhibit
City will, pay the difference to Santa Fe upon demand by Santa Foo
19! City agues that it will provide access for cause curb cuts
`to be provided) to allow vehicular access from and to Santa Fe property
adjacent to Quirt Avenue.
CtRTICLE III
In consideration of the premises it is mutually agreed:
1« That all work contemplated in this agreement shell be
performed in a good and workmanlike manner end in accordance with plans and''
specifications.approved by Santa Fe and only those chsnges or modificetions
during construction that affect .Santa Fe shall also be subject to sporoval
by Santa Fe,. and each portion shall be promptly commenced by the, parties
hereto obligated to do the seri: and thereafter diligently prosecuted to
conclusion to its logical order and sequence*
Z. Work by. Santa FeOs forces provided for in this agreement ;will .
not be commenced at the •structure site until authorization to proceed is
made by City in writing. Santa Fe may purchase BCtCi stockpile material in
advance of construction for work outlined in said Exhibit 0800
3. That ' structure shall, be constructed to accomodate the
existing tracks of Santa Fe with minimum horizontal clearances of not less
than 22 feet from center line of existing main track ' to bent N0. 5, ,and
not .less than 30 feet from center 1 ne of existing :Hain track to bent No f
and not',less than 15'feet from the center line of existing transfer track.
Na. 166 to center line of bent ho. 7 as shown on - said Exhibit M".
Vertical clearance of not less than 26 feet C inches is to 'be provided.
vertical clearance to be measured from. top of ,rail. Horizontal clearance
to be measured at fright angles to track*
4* That -City W114 Out.
of funds made available to it for the
construction. of ouch projects, reimburse Santa .Fe in accordance with
Article lis Paragraph 181 for actual" cost of all work done by it. as set
forth in Article I hereof, subject, however# to the following conditions:
(a) Provided, that ,should some unforeseen. -condition.
or combination of conditions increase.the cost of
the work to be performed by Santa Fe in excess of
the total cost as set forth in the aforementioned
estimate marked Exhibit 080, Santa' Pe will, not be
obligated to incur any expenditures in excess of
said total unless and -until so authorized by
City, it being the. intent that Same Fe be
reimbursed for any and all. expenditures allowed
Mier this egreement, but insofar as is
ppracticable it shall secure authority from .City
before exceeding the total cast as set forth in
said Exh lbit "B"; and
{b? Provided, further, that all expense incurred by',
Santa Fe, and billed to City, for which' City. is
obligated to reimburse Santa Fe, shall be im
accordance with end subject to the terms' tend
.provisions of the Federal Aid Highway Program
Manual, and any revisions thereof or amerxlments
thereto, and in accordance with the provisions
set forth in Article 1, Section 4*
5. That the construction of said structure shall not be commenced
until City shall have given notice in milting to the Assistant General Manager
Engineering of Santa Fe, which notice shall state the time that operations
for construction of said structure shall begin.
6. That the construction of said structure shall be performed and
effected in such a manner as to not interfere with the safe and timely
operation of loccm+otivest trains and cars of Sante Fe over ,its tracks.
7* That after completions: City wills at its sole cost and expenses
maintain said structures lighting .,highwaydrainage, highway, approaches and
appurtenances; provideds however, that nothing herein contained shall relieve
Santa Fe of any liability it would otherwise have with respect to damage
caused to said structure by negligent acts or omissions of Santa Fes or its
employees.
a. That after corpletion of said structures Santa Fe will at its
sole cost and expenses maintain its roadbeds tracks railroad drainage, and all
other railroad facilities; provided$ however$ that nothing herein contained
shall; relieve City of any liability it would otherwise have with respect to
damage caused to said, structure by negligent 'act or omissions of City, its
agents or employees.
9. That nothing contained herein shall ever be construed to place
upon Santa Fe any matter of liability for injury to or death of persons or for
damages to or loss of property arising from, or in any way acted with, the
constructions maintenances or use of said structure.
3A, That if Santa Fe shall deem it necessary or desirable in the
futures in the performance of its duty as a common carriers to raise or lower
the grade or chime the alignment of Its tracks or to lay additional track'or
tracks or to build other facilities in connection with the operation of its
railroad, Santa Fe shells at its expenses have full right to make such'chanjes
or additions, provided such changes or additions do not change or alter the
grade, separation structure herein proposed to be constructed and provided
furthers hcwevers that should it become necessary or desirable in the future
to Changes alters widen or reconstruct said structure to ac date railroad
projects such alteration or reconstruction shall be pursuant to an agreement
to be. entered into between the parties hereto and if an +agreement . can of be
reached, by such action as is authorized by law*
114 That if City shall deem it necessary or desirable in the futuret
due to traffic conditions$ to alter or reconstruct the structure herein
contemplated, it shall. have full right to do sot provided, how -eve
r$ that if
any:elteration or reconstruction necessitates acquisition of additional lend
beyond the area granted for the .structure herein described, such acquisition$
alteration and reconstruction shall be pursuant to an agreement to be entered
Into, between the parties hereto and, if an agreement cannot be. reached $ by
such action as isauthorized by law,; and provided further, that the piens and
specifications of any alteration or,'reconstruction of the strructure;,are to be
approved by Santa Fe, as provided in Section 11 Article ti hereof..
12. In the event that constructionhas not begun for: a period of
three years from date of signing agreement, this ,agreement shall' became null
and void.
1 .'That the books, papers, records and accounts of the parties
hereto, insofar as they relate to the. items of expense for labor,and material,
or are in, any way connected with the work herein contemplated,, .shall: at all
reasonable times be open to inspection and audit by agents and the authorized
representatives of the parties hereto for a period of notless than three
yearsfrm the date final payment has.been made.
l$. That the covenants and provisions of the foregoing instrument
shall. be 'binding upon aril inure to the benefit of the successors . and assigns
of Santa Fe and the assigns of City so long as said structure shall be used
for the purpose herein.
12 00
13 so
R.CSU'"LUT10N
W_apo.-
At a regul6r" meeting of the City Council of the City of Lubbock,
Lubbock County, Texas, held an th 13th day `of September 19 84, ups
motion of Councilman Patterson, seconded by snd'unanimously carried, it
ounce man aS
is ordered by the Council that Aran Henry , `Mayor , be
authorized and empowered to execute for the City an agreement with The
Atchison, Topeka and Santa FeRailway 'Canpany, pertaining to the construction
of the Quirt Avenue _ overpass across the property of, The Atchison, Topeka _and
Santa Fe Railway Company at: Lubbock, in the County of Lubbock, Texas, as per
copy recorded at the foot of this order.
coo
STATE OF TEXAS
COUNTY OF LtJB=K §
_,,., City Clerk of the City of Lubbock,
Texas, do - y certify that the above and foregoing is a true and Correct
Copy wof-art-order of the City Councllr as had and entered of record granting
:,to the City tanager of "said City, authority to execute an agreement with
-Thi Atchison, opeka and Santa Fe Railway Company, pertaining to the
construction 1, of the Quirt Avenue overpass at Lubbock, in the County of
Lubbock, as the same appears on file in this office.
To certify which, witness my hand and the seal of said -City at my
off�� in Lubbock, Lubbock County, Texas, this 413th ,day of ,September.19
�t
City Clerk
'• L l Ls �
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
FORCE ACCOUNT ESTIMATE FOR
CITY OF LUBBOCK
In connection with Quirt Avenue Overpass, County, Project SA -6637-83, Mile Post 676 + 2788 ft.,
at Lubbock, Texas, Fourth District, Plains Division. Adjust signal and communication facilities
remove crossing warning devices and remove crossing surface.
-----------------------------------------
MATERIAL: QUANTITY UNIT UNIT COST TOTAL COST
Rlar track adjustment (100 TF) 20 CY 140
Misc. communications material LS 7,600
Misc. signal material LS 31,900
Handling 5% x 39 640 1,980
TransportaTion on' rial 600
Equipment rental 5,850 48,070
Engineering
90
Signal supervisor engineering
(preliminary)
4,090
Signal supervisor engineering
(construction)
2,720
Surface track after crossing removal
140
Remove old crossing, including
signs
780
Signal labor
27,230
Communication Labor
7,900
Payroll associated costs 46.6
% x $ 42,950
20,010
Insurance ($21000,000.00 sing el limit)
12
% x $ 36,050
4,330
Subsistence
9
010
Billing and accounting1,260
77,560
Add for contingencies
Contract Work
_12,560
1,500
Total Estimated Cost
139,690
The A.T. & S.F. Railway Company
Chief Engineer System - Chicago
March 30, 1984 - 76-007-00033
JFL/8244E
SECTION RELATIONS WITH RAILWAY COMPANY
1.01 General. The Contractor, as a prerequisite for award, shall be
satisfactory as to his responsibility and ability to perform the
work over and across the property and over or under the tracks
of The Atchison, Topeka and Santa Fe Railway Company.
It is expected that The Atchison, Topeka and Santa Fe
Railway Company will cooperate with the Contractor to the end
that the work may be handled in an efficient manner, but the
Contractor shall have no claim for damages or extra compensation
In the event his work is held up by the work of the railway
forces.
1.02 Agreement. Before doing any, work on Railway right of way, or
property, the Contractor will:be required to execute and deliver
to The Atchison, Topeka and Santa Fe Railway Canpany a letter
agreement, in the form attaches hereto, obligating the
Contractor to provide and keep 'in full force and effect ,the
insurance called for under' "insurance" of these special'
provisions.
1.03 Railway Requirements, The Contractor shall cooperate with
The Atchison, Topeka and Santa Fe Railway Company where work is
over or under the tracks, or within the limits of Railway
property in order to expedite the work and to avoid interference
with the operation of Railway equipment.
The Contractor shall comply with the rules end regulations
of Railway or the instructions of its representatives in
relation to the proper manner of protecting the tracks and
property of Railway and the traffic moving on such tracks, as
well as the mires, signals and other property of Railway, its
tenants or licensees, at and in the vicinity of the work during
the period of construction.
The Contractor shall `perform his work in such manner and
at such times as shall not endanger or interfere with the safe
operation of the tracks and property of Railway and the traffic
moving on such tracks, as well as wires, signals ana other
property of Railway, its tenants or licensees, at or in the
vicinity of the work.
The Contractor shall not pile or store any materials, park
or use his equipment closer t o the center of the nearest Railway
track, or overhead lines, than permitted by the following
clearances
.. 1
10' O" horizontally from center line of track.
22' - 6" vertically above top of rail.
27' - 0" vertically above top of rail for
electric wires carrying less than 750
volts.
28' - 0" vertically above top of rail for
electric wires carrying 750 volts to
15,000 volts.
30' -.00 vertically above top of rail for
electric wires carrying' 150,000 volts
to 20,000 'volts,
341 00 vertically above top of rail for
electric wires carrying more than
20,000 volts.
Any ,infringement an the above clearances due' to the
Contractor's operations shall be submitted to the Railway and to
the Engineer and shall not be undertaken until approved by ' the
Railway, pend until the Engineer has obtained any necessary
authorization from State governing agency for the infringement.
No extra compensation will be allowed in the event the
Contractor's wok is delayed pending Railway approval and State
authorization.
In case of impaired vertical clearance above topof rail,
Railway shall have the option of installing tell-tales or other
protective devices railway deems necessary for protection of
Railway trainmen or rail traffic.
The details of construction affecting the Railway tracks
and property not included in the, contract plans shall be
submitted to the Railway for approval before such work is
undertaken.
If the Contractor desires to move his equipment or
.materials across Railway's_ tracks, he shall obtain permission
from Railway and should It be required, the 'Contractor shall
obtain a private crossing agreement. The crossing installation
for the use of the Contxactor, if required, shall be at the
expense of the Contractor.
In advance of any blasting, the Contractor' shall notify
Railway in order that proper flagging protection may be provided.
The Contractor shall, upon completion of the work covered
by this contract to be :performed by the Contractor upon the
premises or over or beneath the tracks 'oaf Railway, promptly
remove from the premises of Railway all of Contractor's tools,
implements and other materials, whether brought upon said
premises by said Contractor,, or any, subcontractor, employee or
agent of Contractor or of any subcontractor, and cause said
premises to be left in a clean and presentable' condition.
r 2 -
Protection of Railroad Facilities.
(1) Railroad representatives, conductors, flagmen or watchmen
will be provided by Railroad to protect its facilities,
property and movements of its trains or engines. In
general, Railroad will furnish such personnel or other
protective services:
(a) Men any part of any equipment is standings or being
operated within 10 feet, measured horizontally, frau
center line of any track on which trains may operate,
or when any, erection or construction activities are
In progress within such Limits, regardless of
elevation above or below track.
(b) For any, excavation below elevation of track subgrade
if, in the. opinion of Railroad's representative,
track or other railroad facilities may be subject to
settlement or movement.
(c) During any clearing, grubbing, grading, or blasting
in proximity; to railroad facilities which, in the
opinion of Railroad's .representative, may endanger
railroad facilities or operations.
(d) During any of .Contractor's operations when, in the
opinion of Railroad's representative, railroad
facilities, including, but not limited to, tracks,
buildings,signals, wire lines or pipe lines may be
endangered,
(2) Information as to the railroad employees which may be
required to provide protection to railroad facilities is
as follows:
Maximum
Number ,(a) Classification (b)
1 Section Foreman
2 Section Laborers
-3
Base Pay_ (c)
$7279.00 per no.
$ 10092 per hr,
per man
Headquarters (d)
Lubbock
Lubbock
In general, a flagging crew, consists of three men, as
indicated in the above grouping, although under some
conditions, less than three men may be sufficient. Rates
of 'pay, payment for overtime, number' of hours to be paid
for, and travel, meal and lodging allowances will be 3n
accordance with labor union agreements in effect at the
time the work is performed.
To all direct labor costs, there shall be added additional
charges for Vacation Allowance; Holiday Pay; Health and
Welfare; Railroad Retirement and unemployment Taxes;
Public Liebility, Property Damage, and Workman's
Compensation Insurance; and Accounting and Billing. For
estimating purposes only, these additives collectively may,,
be considered as approximately 50.75 of direct labor costs.
The determination of the cost of, flagging and protective
devices to be used as a basis for the submitting of bids
shall be the responsibility of the prospective bidders.
fie above rates are for the use and guidance of
prospective bidders only, and rates in effect at the time
of construction will be used.
(3) Railroad will submit its final bills for flagging and
related services to City after completion of the
structure. City will pay all flagging charges.
EXHIBIT C-1
AGREEMENT BETWEEN
THE ATCHISON9 TOPEKA AND SANTA FE RAILWAY COMPANY
AND THE CONTRACTOR
IN CONNECTION WITH THE CONSTRUCTION OF A GRADE SEPARATION
STRUCTURE ACROSS THE TRACKS OF
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
The Atchisonf Topeka and
Sante_Fe Railway Company
900 Polk Street
Amarillo, Texas 79171
Attention: General Manager
Gentlemen:
Reference is made to the agreement dated ,
1 , between you and The City of Lubbock, Texas, un r which City is
constructing a grade separation structure across -the right of way,
property, tracks and appurtenances of your railroad at Lubbock, Texas,
commonly ,known as Quirt Avenue Grade Separation.
The undersigned has entered into a contract dated
19with the City of Lubbock for the performance of certain work in
connection with the construction of said grade separation structure in
the :performance of which work the undersigned will necessarily be
required to conduct operations within your right of way and property.
The agreement between you and the City provides that no work shall e
commenced within your right of way or property until the contractor
employed. in connection with said work for the City shall have executed
and delivered to you a letter agreement in the form hereof and shall have
provided insurance of the coverage and limits specified in said
contract, If this letter agreement is executed by other than the Owner,.
General Partner, President or Vice President of the undersigned firm,
evidence is furnished to you herewith certifying that the signatory is
emprowered to execute this agreement for the firm.
Accordingly, as one of the inducements to and as part of the
consideration for your granting permission to the undersigned to enter
upon your right of way or property for the performance of so much of the
work es is necessary to be done within your right of way or property, the
undersigned, effective on the date of the contract with the City, has
agreed and does hereby agree with you as follows:
1 .,
1. That the undersigned will procure, maintain in force,
insurance meeting all of the requirements outlined in the special
provisions for and in.contract referred to in the second paragraph above,
and there is handed your, herewith original or certified copy of the
policy, or policies of I Insurance meeting such requirements.
2. That the undersigned, will observe and comply with all the
provisions, obligations and limitations to be observed by Contractor
which, are contained in the subdivision of. the specifications of the
contract referred to in the second paragraph hereof, entitled "Relations
with Railway Carpany".
Kindly acknowledge receipt of this letter and of the insurance
showings herein provided to be furnished to you by signing and returning
to -the undersigned a copy of this letter.
Yours truly,
Contractor
8y
Receipt of the foregoing letter and of the policies
and certificates of insurance herein provided to be
furnished Is hereby acknowledged this
day of
� WrUTISON, TpPEK AND SANT FE RAILWAYIC—DW— Y
8y
Its
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EXHIBIT C-2 INSURANCE PROVISIONS
The contract or contracts to be let by City, for the construction
of the work, to be , undertaken, by it hereunder shall provide end remain. in
force for the duration of the Contractor's work on Santa Fe's property.
A. Standard Manufacturer's and Contractor's Liability Insurance.
The Contractor shall furnish ev Bence to Santa Fe that, .with
respect to the operations he performs, he carries regular
Contractor's Liability Insurance providing for a limit of not, leis
than One Million Dollars ($1,000,000) 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, e total (or aggregate) limit of One Million
Dollars ($1,000,00o.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 she'll be
,provided by or in behalf of the subcontractors to cover their
operations.
S. Contractor's Protective Liabilit Insurance
The Contractor shall urn sh evidence to Santa Fe that, with
respect to the.cperations performed for him by subcontractors,. he
carries, in his own behalf, regular Contractor's Protective
Liability Insurance providing four a limit of not less than tine
Million Dollars ($10000,000.00) for all damages arising out of
bodily injuries to/or death of two or more persons in any,;cne,
accident, and Protective Property Damage Liability Insurance.
providing for a limit of not less than Five Hundred Thousand
Dollars ($5000000.00) for all damages arising out of injury to/or
destruction of property in any one occurrence " subject to that
limit per occurrence, a,_total Or aggregate) limit of One Million
Dollars ($1,0000000.00) for all damages arising out of injury
to/or destruction of property during the policy period.
C. -Railroads' Protective Liability and Property Damaae and
- - ---.- � wi i�yi Gil iGr4.
e Con ac or shall urnish an original policy to the Santa Fe
for and in behalf of the company` which, with respect to the
operations he or any of his subcontractors perform, provides the
Standard Railroad Protective Liability Policy, with coverageas
outlined in General Casualty Bulletin No. 258, dated July 9, 19580
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 ($290000000.00) per occurrence, and
subject to a total (or aggregate) limit of Six Million Dollars
($6,tm0,000.00).
-1-
D. General. The Insurance, as specified in paragrepht' A.
and, S. above, 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 City.
The insurance, as specified in paragraph C. above, shall be
carried until all work to be performed on the Company's
right—of-way has been completed.
r
ALAN HENRY
MAYOR
CITY OF LUBBOCK
LUBBOCK. TEXAS
October 29, 1984
Mr. E. C. Honath
A.G.M. - Engineering
The Atchison, Topeka and Santa Fe Railway Company
900 Polk Street
Amarillo, TX 79111
Dear Mr. Honath:
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NOV 7 198;
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Enclosed please find the agreement between the Atchison, Topeka and Santa
Fe Railway Company and the City of Lubbock for the Quirt Avenue overpass
project. This agreement was approved by the City Council on September 13,
1984 subject to several revisions. These revisions were made and the
agreement was executed by the Railroad October 15, 1984.
Please note one additional revision made to Exhibit "A" of the Agreement by
Jim Bertram, Assistant City Manager for Development Services, deleting the
width dimension of the roadway easement. It is preferable that a singular
easement width not be specified since it varies throughout the projlect.
The incorporation of the plans and specifications by reference into this
Agreement (Under Article II, Section 1) should adequately specify the
easement limits.
The City Council awarded the bid for the construction of this overpass on
October 25, 1984 to Heavy -Highway Constructors, Inc. from Amarillo. The
advance deposit of $54,690 will be made by the City to the Railroad for its
adjustment of facilities in the next few weeks.
The following items shall be provided to the Railroad prior to the begin-
ning of construction on the overpass:
(1) Notifications as required by the Agreement
(2) Notification of Preconstruction Conference
(3) Contractor's Agreement with Santa Fe
(4) Contractor's insurance required by Exhibit 11C-2"
for Railroad approval.
.
i
Mr. E. C. Honath
October 29; 1984
Page 2
Please contact Mr. Bertram at 762-6411 if you have any questions or
concerns.
AH: os
Please acknowledge the revision made to Exhibit "A" with your signature and
mail a copy of this letter to Mr. Jim Bertram for our files.
Mr. E. C. Honath
SECY'S NO.
EXHIBIT "A"
ATTACHED TO CONTRACT BETWEEN
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
AND
C'rrr OF L u,6eo c,<
CHICAGO. ILLINOIS
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