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HomeMy WebLinkAboutContract 43150CITI"'SSCRETAR'Y ' CONTRACT NO. _ BNSF File No. 020469T Svcamore School Road U.S. D.O.T. No. 020469T Railroad Line Segment 7500 Railroad Milepost 337.64 GRADE CROSSING SIGNAL INSTALLATION AGREEMENT BNSF FORM 0104 (revised 6/2008) THIS GRADE CROSSING SIGNAL INSTALLATION AGREEMENT (hereinafter called, "Agreement'), is executed to be effective as of April 3, 2012, by and between the CITY OF FORT WORTH, a political subdivision of the State of Texas (hereinafter called, "AGENCY"), and BNSF RAILWAY COMPANY, a Delaware Corporation (hereinafter called, "RAILROAD"); WITNESSETH: WHEREAS, in the interest of aiding vehicular travel and public safety, the Agency is undertaking a project to make changes to the crossing signals and equipment at the Svcamore School Road at -grade crossing, located at BNSF Line Segment 7500 and Milepost 337.64, and designated by D.O.T. No. 020469T as indicated on the Exhibit A, attached hereto and incorporated herein; and WHEREAS, the RAILROAD agrees to purchase and install, at AGENCY'S cost -share expense, the crossing signal equipment described in the scope of work herein, and upon the terms and conditions set forth below. NOW, THEREFORE, in consideration of the mutual covenants and agreements of the parties contained herein, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: ARTICLE I — SCOPE OF WORK I. The tern "Project" as used in this agreement includes any and all work related to the installation of crossing signals and activation equipment at Sycamore School Road, U.S. DOT crossing 020469T. more particularly described on Exhibits A and B attached hereto and incorporated herein, including, but not limited to, any and all changes to telephone, telegraph, signal and electrical lines and appurtenances, installation of advance warning signs and pavement marking stop bars, installation of any new crossing surface, temporary and permanent track work, fencing, grading, alterations to or new construction of drainage facilities, preliminary and construction engineering and contract preparation. ARTICLE II — RAILROAD OBLIGATIONS In consideration of the covenants of AGENCY set forth herein and the faithful performance thereof, RAILROAD agrees as follows: 1. The RAILROAD will, using its own labor forces under applicable labor agreements, install the Crossing Signal Equipment at Svcamore School Road. The work will be performed at AGENCY's expense and in accordance with the MUTCD and the plans approved by AGENCY. The RAILROAD will perform the following work: a) Installation of new double -sided Railroad Crossing (R15-1) signs on the Railroad Crossing Mast Flashers. b) Installation of new LED lenses on the Railroad Crossing ;:N1_1 acid u[i uie gate mechanisms. OFFICIAL RECORD CITY SECRETARY Ff. WORTH, TX c) Installation of new Tellular Monitor Device, Event Recorder, and Simultaneous Preemption relay. 2. A detailed estimate of RAILROAD'S construction engineering, installation labor (including the costs. if any, of electrical service from a public utility) and material costs required for the Project are attached hereto as Exhibit "B" and incorporated herein. In the event construction for the Project has not commenced within six (6) months following the effective date of this Agreement, RAILROAD may, in its sole and absolute discretion, revise the cost estimates set forth in said Exhibit B. In such event, the revised cost estimates will become a part of this Agreement as though originally set forth herein. Any item of work incidental to the items listed on Exhibit B not specifically mentioned therein may be included as a part of this Agreement upon written approval of AGENCY, which approval will not be unreasonably withheld. 3. RAILROAD will furnish all labor, materials, tools and equipment for the railroad portion of the work required for the construction of the Project. 4. The RAILROAD will, at AGENCY'S expense, dispose of all scrap from the RAILROAD'S work hereunder. 5. The RAILROAD will finalize and complete billing of all incurred costs under this Agreement no later than one (1) year following installation of the Crossing Signal Equipment. ARTICLE III — AGENCY OBLIGATIONS In consideration of the covenants of RAILROAD set forth herein and the faithful performance thereof, AGENCY agrees as follows: AGENCY must perform, at AGENCY'S expense, the following work: a) Installation of a pavement marking stop bar in accordance with the Manual on Uniform Traffic Control Devices (hereinafter called, "MUTCD"). b) Installation of advance warning signs in accordance with the MUTCD. 2. INTENTIONALLY LEFT BLANK. 3. Actual costs for engineering, materials and labor (including third party charges for the installation of electrical service) associated with the installation of the Crossing Signal Equipment must be paid by the AGENCY in accordance with the cost -participation shown on the Exhibit B. 4. In the event the services of a consultant are needed after execution of this Agreement due to any exigency of the RAILROAD and the Project, the AGENCY and the RAILROAD will mutually agree, in writing, as to the selection of a consultant and the applicable scope of work to be performed by such consultant. All work performed hereunder by any consultant and any resulting costs must be paid by AGENCY as a part of the costs for the Project. 5. During the installation of the Crossing Signal Equipment, RAILROAD will send AGENCY progressive invoices detailing the costs of the work performed by RAILROAD under this Agreement. AGENCY must reimburse RAILROAD for completed force -account work within thirty (30) days of the date of the invoice for such work. Upon completion of the Project, RAILROAD will send AGENCY a detailed invoice of fmal costs, segregated as to labor and materials for each item in the recapitulation shown on Exhibit B. Pursuant to this section, AGENCY must pay the final invoice within ninety (90) days of the date of the final invoice. The Agency shall pay costs related to the Project in accordance with the State of Texas's Prompt Payment Act. 6. INTENTIONALLY LEFT BLANK 7. The AGENCY must have advanced railroad crossing warning signs and standard pavement markings in place at the crossing shown on Exhibit "A" (if the same are required by the MUTCD) prior to the acceptance of this 2 Project by the AGENCY. The AGENCY assumes full responsibility for the maintenance of advanced warning sip and pavement markings and agrees to hold harmless and indemnify the RAILROAD to the extent Dermitted unae- the Constitution and laws of the State of Texas, for any claims, damages or losses, in whole or in part, caused ov o` due to the AGENCY'S failure to maintain the advanced warning signs and markings or other requirements of the MUTCD. 8. The AGENCY must give RAILROAD's Manager of Public Projects written NOTICE TO PROCEED with the railroad portion of the work after receipt of necessary funds for the Project. BNSF will not begin the railroad work (including, without limitation, procurement of supplies, equipment or materials) until written notice to proceed is received from Agency. 9. INTENTIONALLY LEFT BLANK ARTICLE IV- JOINT OBLIGATIONS In consideration of the mutual covenants of the parties contained herein and the premises, the parties mutually agree as follows: 1. All cost records of the RAILROAD pertaining to the Project will be open to inspection and audit at any reasonable time by representatives of the AGENCY (including the legislative auditor and fiscal analyst for the AGENCY) for a period of one (1) year from the date of the final RAILROAD invoice under this Agreemem 2. Upon completion of the installation of the Crossing Signal Equipment, the RAILROAD, will, at its sole cost and expense, operate and maintain the Crossing Signal Equipment in proper condition. 3. Notwithstanding the preceding provision, if any regulations, ordinances, acts, rules or other laws subsequently passed or amended by the AGENCY or any other appropriate governmental or legislative authority increase the AGENCY'S portion of maintenance costs under this Agreement, RAILROAD will receive the benefit of any such regulations, ordinances, acts, rules or other laws and the AGENCY'S increased portion of maintenance costs will be incorporated into and made a part of this Agreement in accordance with Article III, Section 10. 4. If a railway or a highway improvement project necessitates rearrangement, relocation, or alteration of the Crossing Signal Equipment installed hereunder, the costs for such rearrangement, relocation or alteration will be the responsibility of the party requesting such changes. INTENTIONALLY LEFT BLANK 6. INTENTIONALLY LEFT BLANK This Agreement will inure to the benefit of and be binding on the parties hereto, their successors, and assigns. 8. In the event any paragraph contained in this Agreement or any item, part, or term within any particular paragraph is determined by a court of competent jurisdiction to be invalid or unenforceable, the validity of the remaining paragraphs or items will not be affected; and the rights and obligations of the parties will be construed and enforced as if this Agreement did not contain that particular paragraph or item held to be invalid or unenforceable. 9. This Agreement may be signed in counterparts, any one of which will be deemed to be an original. The parties further agree that any facsimile copy of a party's signature is valid and binding to the same extent as an original signature. 10. Any notice provided for herein or concerning this Agreement must be in writing and will be deemed sufficiently given when sent by certified mail, return receipt requested, to the parties at the following addresses: BNSF: Agency: Manager Public Projects 5800 North Main Street Saginaw. Texas 76179 Project Manager City of Fort Worth 5001 James Avenue Fort Worth, Texas 76115 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. AGENCY CITY OF FORT WORTH BNSF RAILWAY COMPANY By: Printe ame: TIMOTHY J. HUYA Tit*: PUBLIC PROJECTS oO00000000 4' 0 ~0 o 4 o aT? oaY ATVo AQ�a City Secretary Contract Authorization Date: A PPR#Blac S ORM AND LEGALITY Doug .assistant Citv Attorney Date: 5 Fernando Costa Assistant City Manager Date: i APPR L 7 C/iOMME,NDrED: L ) i.A ( - W Doug as . Wiersig, P.E. Director, Transportation & Public W s Date: All invoices for the project will be sent to: Tai Nguyen ?roject Manager City of Fort Worth 5001 James Avenue Fort Worth, Texas 76115 Phone: 817-392-8061 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX GENERAL NOTE$ 1. EXISTING CONSTANT WARNING CIRCUITS TO REMAIN IN PLACE w 2. TRAFFIC DATA:31,990 ADT AT 40 MPH AND 30 TRAINS PER DAY AT 79 MPH. 3. EXISTING RAILROAD WARNING DEVICES TO REMAIN IN PLACE. 4. EXISTING PAVEMENT MARKINGS TO REMAIN IN PLACE. i EMERGENCY \—LOCKED GATE ACCESS TO WORK TO BE DONE BY RAILROAD - g SYCAMORE AIRSTRIP 1. REPLACE EXISTING INCANDESCENT FLASHERS WITH L.E.D. FLASHER? - 2. REPLACE EXISTING MECHANICAL BELLS WITH ELECTRONIC BELLS. m I, 3. THE RAILROAD OR ITS CONTRACTOR SHALL FURNISH AND R.o.w. R.ow — Row Ro.w Row INSTALL SIGN MOUNTING BRACKETS FOR THE MALFUNCTION SIGNS (R15-4) AND THE CITY WILL PROVIDE THE SIGNS. :. 5 THE RAILROAD• COMPANY OR ITS CONTRACTOR WILL PROVIDE I I TRAFFIC CONTROL IN ACCORDANCE WITH THE GUIDELINES IN THE TEXAS MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES �p sr WORK TO BE DONE BY CITY 1. RELOCATE EXISTING W10-1 ADVANCE WARNING SIGNS AND INSTALL W10-9 NO TRAIN HORN SUPPLEMENTAL PLAQUES AS SHOWN ON, — ATTACHED SIGNS & MARKINGS LAYOUT. SURFACEronecr.r In BNSF RAILWAY ____—___—_—_—_—___—___—_—}—______—_—__—___-I—___—__._—_�_�___—__--____—_—___—MAIN TRACK -'• EXTEND GROSSING 1 SURFACE SPECIAL NOTE I 1. THE ITEMS LISTED UNDER "WORK TO BE DONE BY RAILROAD" ARE NOT REQUIRED TO ESTABLISH A QUIET ZONE AT THIS CABIN LOCATION AND THE CITY MAY ESTABLISH THE QUIET ZONE PRIOR TO COMPLETION OF THIS RAILROAD WORK. THE CITY AGREES TO FUND THE WORK TO UPGRADE SOME OF THE RAILROAD EQUIPMENT AS A JOINT EFFORT TO IMPROVE THE --- CROSSING DESIGN. ¢ I o 00 � Z i.. y��I fl.O.W 0.0.W, R.QW, fl.Qw R.Ow - • p Q R.O.W R.O.W.- k Y V1 • �= 4 4 4 LEGEND: = BELL SIGNAL FOUNDATION D s Io Is zo GRAPHIC SCALE DEPT ' OF TRANSPORTATION AND AND PUBLIC WORKS —2' IV I 1z 2T .i---�Z—I—i�— TRAFFIC SERVICES DIVISION DESIGNED "I ��HIBITA Rr: JIII oAY Cic LAYOUT DRAWN BY: IEE BNSF & SYCAMORE SCHOOL RD II MEDIAN I DATE: nI-nc.nA CHECKED Be SL IN CITY OF FORT WORTH DATE: DLnR.nR DOT # 020 469T RR MID 337.64 TYPICAL STREET CROSS SECTION CAD FILE. IDISTRICT ND. COUNTY Sj SHEET NO. DATE: 1 2 I TARRANT 1 090f'48-685 12 of 6 SIDEWALK r w,a-, Q W10-9 PIO RAIVB 670RVE P SIDE ir ......... ... .. ..... I )5' SYCAMORE SCHOOL ROAD A� jLJ W10-1 Q XIDXWAY CB059N0 SIGNAL CANnI[.[R SPAN TYPE E (AAR 1746) CABIN wt0-9 TRR,IWF�70R'� I` �.oawX•• I z � VI D � Z A s D D lll,,, JJJ SIDEWALK s N m In C 0 10 20 W W s i ri m o GRAPHIC SCALE � > DEPT. OFTRANSPORTATION AND AN AND PUBLIC LIC WORKS y TRAFFIC SERVICES DIVISION ° DESIGNED BY fTf _ I':ifl-ITBIT A DATE: ID-15-0A SIGNS &PAVEMENT MARKINGS LAYOUT DRAWN BY: IEE BNSF $ SYCAMORE SCHOOL RD DATE: c(A i.ns.on IN CITY OF FORT WORTH CHECKED BY. DATE: 01-9 DOT # 020 469T RR MP 337.64 CAD FILE. (DISTRICT NO. COUNTY CSJ I SHEET ND. DATE- L 2 — TARRANT 10902-48-685 3 of 6 The BNSF Railway Company TO ` TO I _ EASTWARD APPR, I' MPH a_I 120' MIN. e- _A WF�TWARO APPR. MPH l F50' MIN. J 7T 50' MIN.--> I O i SYCAMORE SCHOOL ROAD DOT* 020 469 T INSTALL: LED'S CONTROL DEVICES: CONSTANT WARNING ,�* - OUT SALVAGE: NONE 1% INSTRUMENT HOUSE • BELL BNSF RAIL WAY CO. Warning device placement: LOCATION: WORTH, TX METER Clearance to C.L. Track = Min. 12' SYCAMORE SCHOOL RO • CROSSING CONTROLL CONNECTIONS Edge of Road to C.L. Foundation: LSR7500 O BIDIRECTIONAL CROSSING CONTROL Min. 4'3" with curb. 8'3" without curb. M.P.37.64Min. D UNIDIRECTIONAL CROSSING CONTROL Max, 12' DOT 1 020 T DIVISION: TEXAS DIVISION: House Clearance: 25' Min. to Near Rail SUBDIVISION: FT. WORTH A COUPLER OR TERMINATION 30' Min. to Edge of Rood KANSASCIITY ALL LIGHTS TO BE LED NO SCALE r DATE: 11/17/2009 GUARD RAIL l FILE:7500337 64.dgn OOF/DOF 7500337_64.dgn 11/23/2009 9:22:24 AM ••••• MAINTAIN PROPRIETARY CONFIDENTIALITY """•" BNSF RAILWAY COMPANY EXHIBIT B FIIPM ESTIMATE FOR Railroad Signal Cost Estimate CITY OF FOT WORTH Sycamore School Road Revised 11/11/2011 LOCATION FT WORTH DETAILS OF ESTIMATE PLAN ITEM : PS1020469T VERSION: I PURPOSE, JUSTIFICATION AND DESCRIPTION INSTALL CROSSING EQUIPMENT FOR QUIET ZONE AT SYCAMORE SCHOOL ROAD IN FORT WORTH, TX. TEXAS DIV., FT WORTH SUBDIV., L/S 7500, M.P. 337.64, DOT # 020469T MONTHLY POWER UTILITY COST CENTER: 61698 SEQ.#41739 THE MATERIAL LIST BELOW REFLECTS TYPICAL REPRESENTIVE PACKAGES USED FOR ESTIMATING PURPOSE ONLY. THEY CAN BE EXPECTED TO CHANGE AFTER TILE ENGINEERING PROCESS, DETAILED AND ACCURATE MATERIAL LISTS WILL BE FURNISI LED WHEN ENGINEERING IS COMPLETED. CONTINUING CONTRACTS HAVE BEEN ESTABLISHED FOR PORTIONS OF SIGNAL WORK ON THE BNSF RAILROAD. THIS ESTIMATE GOOD FOR 90 DAYS. THEREAFTER THE ESTIMATE 1S SUBJECT TO CHANGE IN COST FOR MATERIAL, LABOR, AND OVERHEADS. SIGNAL WORK ONLY rrr....r«««.«««r.rrrr.««««.."+« THE CITY OF FORT WORTH IS FUNDING THIS PROJECT APPROXIMATELY 80%. THE BNSF IS FUNDING APPROXIMATELY 20%. MAINTAIN PROPRIETARY CONFIDENTIALITY DESCRIPTION QUANTITY U/M COST TOTALS LABOR wra..«arar SIGNAL FIELD LABOR - CAP 280.0 Mil 7,297 PAYROLL ASSOCIATED COSTS 4,415 DA OVERHEADS 7,030 EQUIPMENT EXPENSES 4413 INSURANCE EXPENSES 1,148 TOTAL LABOR COST 22,303 22,303 rr.««.arrr«.r MATERIAL r....arapa.. BELL, ELECTRONIC 2.0 EA N 380 DOUBLE SIDED CROSSBUCKS 2.0 EA N 1,150 LED LIGHT ADJUSTMENT 16.0 EA N 3,856 MISC MATERIAL 1.0 LS N 7.848 MISC WIRING 1.0 LS N 2.500 PREEMPT PACKAGE 1,0 EA N 4,500 RECORDER 1.0 EA N 5,203 TELLULAR DEVICE LO EA N 2,600 USE TAX 2,410 OF'FLINE TRANSPORTATION 348 TOTAL MATERIAL COST 30,795 30,795 OTHER CONTRACT ENGR. 1.0 EA N 8,000 DIRECTIONAL BORE 1.0 EA N 5,000 TOTAL OTHER ITEMS COST 13,000 13,000 PROJECT SUBTOTAL 66,098 CONTINGENCIES 0 BILL PREPARATION FEE 661 GROSS PROJECT COST 66,759 LESS COST PAID BY BNSF 13,353 TOTAL BILLABLE COST 53,406 City of Fort Worth, Texas Mayor and Council Communication . COUNCIL ACTION. Approved on 31612012 DATE: Tuesday, March 06, 2012 REFERENCE NO.: '*C-25464 LOG NAME: 20BNSF SYCAMORE SCHOOL SUBJECT: Authorize Execution of an Agreement with Burlington Northern Santa Fe Railway Company in the Amount of $53,406.00 for Railroad Signal Improvements at the Railroad Crossing Located on Sycamore School Road (COUNCIL DISTRICT 6) RECOMMENDATION: It is recommended that the City Council authorize the execution of an Agreement with the Burlington Northern Santa Fe Railway Company in the amount of $53,406.00 for railroad signal improvements at the railroad crossing located on Sycamore School Road. DISCUSSION: On December 19, 2006, (M&C C-21912) City Council approved funding of the Sycamore School Road quiet zone project under the North Central Texas Council of Government's (NCTCOG) Railroad Crossing Reliability Partnership Program with a 20 percent local match. A first set of improvements at the Burlington Northern Santa Fe Railway Company and Sycamore School Road railroad crossing were accomplished in June 2011 to create a quiet zone. This Agreement will provide funds for the Phase II Railroad Signal Upgrade for this project. These railroad crossing upgrades will be funded by the grant project. This project is located in COUNCIL DISTRICT 6. FISCAL INFORMATION / CERTIFICATION: The Financial Management Services Director certifies that funds are available, as appropriated, in the Grants Capital Project Fund. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers GR76 541200 020302156830 $53,406.00 CERTIFICATIONS: Submitted for Citv Manaaer's Office bv: Fernando Costa (6122) Oriainatina Department Head: Douglas W. Wiersig (7801) Additional Information Contact: George A. Behmanesh (7914) ATTACHMENTS 1. 20BNSF SYCAMORE SCHOOL rr fundina.doc (CFW Intemal) 2. Available Funds. docx (CFW Internal) 3. Available Funds.odf (CFW Intemal) 4. BNSF & Sycamore School Sional Imorovements.odf (Public) Logname: 20BNSF SYCAMORE SCHOOL Page 1 of 1