HomeMy WebLinkAboutContract 43102 t .
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CWRACT We GRADE CROSSING CONSTRUCTION AND MAINTENANCE AGREEMENT
BNSF File No. 020478S
W. SeminaryDriv
U.S. D.O.T. No. 020478S
Railroad Line Segment 7500
Railroad Milepost 34
This Agreement ("Agreement"), is executed to be effective as of this 17t` day of November, 2011
Effective Date"), by and between BNSF RAILWAY COMPANY, a Delaware corporation "BNSF"
the CITY OF FORT WORTH a political subdivision j'and
p ision of the State of Texas("Agency").
RECITALS:
WHEREAS, BNSF owns and operates a line of railroad in and through the City of Fort Worth, State of
Texas;
WHEREAS, in the interest of aiding vehicular travel and public safety, the Agency is undertaking project
to improve the existing W. Seminary Drive at-grade crossing, located at BNSF g P
9 Line Segment 7500 and
Milepost 341.10, and designated by D.O.T. No. 020478S, by constructing raised center medians on the
roadwav approaches within the existing roadway easement across the BNSF right-of-way as indicated on
the Exhibit A, attached hereto and incorporated herein;and
WHEREAS, the Agency also desires BNSF to make changes to the crossing signals and equipment at W.
Semina Drive; P --
WHEREAS, the Agency is paying for the acquisition and installation of the crossing signal equipment at
W. Seminary Drive. P
WHEREAS, the BNSF agrees to purchase and install, at AGENCY'S expense, the new crossing signal
equipment described in the scope of work herein, and upon the terms and conditions g g
P ons 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
1. The term "Project" as used herein includes any and all work related to the construction of the
raised center medians on the roadway aggroaches of W. Seminant.Drive by Agency and installation of
new crossing signal,e, uiament at U.S. D.O.T No. 020478S, (hereinafter referred to as the "Crossing"
by BNSF, more particularly described on the Exhibit A including, }
c uding, but not limited to, any and all changes
to telephone, telegraph, signal and electrical lines and appurtenances, temporary and permanent track
work, fencing, grading, alterations to or new construction of drainage facilities, preliminary nd
construction engineering and contract preparation. ry
ARTICLE it--BNSF OBLIGATIONS
In consideration of the covenants of Agency set forth herein and the faithful performance thereof, BNSF
agrees as follows:
B NS F Form 0 118 Rev.09121/06
R
�. In consideration of the faithful performance of the
Agency s covenants contained herein, BNSF
hereby grants to Agency, its successors and assigns, upon and subject to the terms and conditions
forth in this Agreement, permission and license to enter u set
as is necessary to construct the raised Ce Pon and use the portion of BNSF's right-of-way
center medians on the roadwa approaches and thereafter
maintain, the Crossing as described further on Exhibit A excepting
rights of any others who have obtained or pting and reserving BNSF's rights, and the
following:
may obtain, permission or authority from BNSF, to do the
9�
(a) operate, maintain, renew and/or relocate an and all
Y existing railroad track or tracks, wires,
pipelines and other facilities of like character upon, over or u
way; nder the surface of said right-of
{b} Construct, operate, maintain, renew and/or relocate u
from time Pon said right-of--way, without limitation,
such facilities as the BNSF may e to time deem appropriate;
(c) otherwise use or operate the right-of--way as BNSF may from time to time deem appropriate.
This right is given by BNSF without warranty of title of an
lied from Y kind, expressed or implied, and no covenant
on warranty of title shall be im
P om the use of any word or words herein contained. In the
Agency is evicted by anyone owning, or claiming itle to or event
be fable to Agency for any damages, losses g any interest'in said right-of--way, BNSF w�II not
g sses or any expenses of any nature whatsoever. The rantin
similar rights to others, subsequent to the date of this A g of
Agreement 9
granted to Agency herein. 9 ent,will not impair or interfere with the rights
2. BNSF will furnish all labor, materials, tools and
equipment for railroad work required for the
construction of the Project, such railroad work and the estimated
Q attached hereto and made a part hereof. In the cost thereof being as shown on Exhibit
event construction on the Project has not commenced
within six (6) months following the Effective Date, BNSF ma
. Ins Y, in its sole and absolute discretion, revise
the cost estimates set forth in said Exhibit D.
��,_ such event, the revised cost estimates will become a art
of this Agreement as though y item of work �n originally set forth herein. An P
incidental to the items listed on
Exhibit not specifically mentioned therein may be included ed as a part of this Agreement upon written
approval of Agency, which approval will not be unreasonably withheld.
include the following railroad work b BNSF: Y eld. Construction of the Project must
Y
(a) Procurement of materials, equipment and supplies necessary ecessary for the railroad work;
{b} Preliminary engineering, design, and contract re ara
P p ton,
(c) Furnishing of flagging ervices during .
9 ng construction of the Project as required and set forth in
further detail on Exhibit C, attached to this Agreement and
made a part hereof;
(d) Furnishing engineering and inspection as required in
Project; q connection with the construction of the
{e} Installation of crossing signal equipment;
{f} Make such changes in the alignment, location and
signal and/or wire Lines and appurtenances elevation of �#s telephone, telegraph,
pp rtenances along, over or under the tracks, both tem ora
and permanent, as may become necessary by reason of the construction of the P t. ry
Project.
3• BNSF will do all railroad work set forth in Article II
Section 2 above on an actual cost basis, when
BNSF, in its sole discretion, determines it is required b its labor applicable Y agreements to perform such work with its
own employees working under a
pp a collective bargaining agreements.
4- Agency agrees to reimburse BNSF for work of a
Agency's contractor in connection with the Project which n emergency nature caused by Agency or
BNSF deems is reasonably necessary for the
immediate restoration of railroad o � Bch
Aerations, or for the protection of persons or BNSF ro e
P P +"ty Such
W.Seminary Drive Agreement(10125111) Page 2 BNSF Form 0118 Rev.09/21/06
work may be performed by BNSF without prior approval of Agency and Agenc
BNSF for all such emergency work. g y agrees to fully reimburse
5• BNSF may charge Agency for insurance expenses, including self-insurance expenses, when such expenses cover the cost of Employer's Liability including, without limitation, liability under the Federal Employer's Liability Act) in connection
with the construction of the Project. 5
considered part of the actual cost of the Project, regardless of the � Such charges will be
g e nature or amount of ultimate liability for
injury, loss or death to BNSF's employees, if any.
S. During the construction of the Project, BNSF will send A
costs of the railroad work performed by BNSF under this Agreement. Agency must reimburse BNSF for
completed force-account work within thirty (30) days of the date
of the invoice for such work. Upon
completion of the Project, BNSF will send Agency a detailed invoice of final costs, segregated as to labor
and materials for each item in the recapitulation shown on Exhibit
IV, Section 7 herein, Agency must a the f D. Pursuant to this section and Article
pay anal invoke within ninety (90) days of the date of the final
invoice. BNSF will assess a finance charge of.033% er day �
Agreement P Y �2 �� � per annum) on any unpaid sums or
other charges due under this A
g t which are past its credit terms. The finance charge continues
accrue daily until the date payment is received by BNSF, not the date #o
Postmarked on the payment. Finance charges will to payment is made or the date
as of the end of the month g be assessed on delinquent sums and other charges
and will be reduced by amounts in dispute and an un oste g
received by the month's end. Finance charges will be noted on i Y p d Payments
section. novices sent to Agency under this
ARTICLE III--AGENCY OBLIGATIONS
In consideration of the covenants of BNSF set forth herein an
agrees as follows: d the faithful performance thereof, Agency
�. Agency must furnish to BNSF plans and specifications f
x 17"), showing the plan and profile of P or the Project. Said plans reduced size
A, attached hereto a P the roadway work on BNSF right-of--way and marked as Exhibi
-- and made a part hereof, must be submitted to BNSF for the development t
cost estimates. elvpment of railroad
2. Agency must make any required application and obtain
construction of the Project. all required permits and approvals for the
3. Agency must acquire all rights of way necessary or the
ry construction of the Project.
4• Agency must make any and all arrangements for the i
Lines and other facilities owned b private installation or relocation of wire Lines, pipe
Y P persons, companies, corporations, political subdivisions or
public utilities other than BNSF which may be necessary or the
rY construction of the Project.
5- Agency must construct the Project as shown on the attached
Work") provided for in the plans ands Exhibit A and do all work("Agency's
performed b BNSF h specifications for the Project, except railroad work that will be
Y hereunder. Agency must furnish all labor, materials, tools and
equipment for the performance of Agency's Work. The principal elements of Agency's Vo rk are a s follows:
(a) Design and Construction of raised center median
Hemphill Street; son the roadway approaches to
(b) Installation of a pavement marking stop bar in accordance with the Manual on Uniform
Traffic Control Devices(hereinafter called, "MUTCD" ;
}
(c) Installation of advance warning signs in accordance with the MUTCD
(d) Perform all necessary grading and avin including P g, ding backfill of excavations and
restoration of disturbed vegetation on BNSF's right-of-way;
Y
W Seminary Drive Agreement(10/25/11) Page 3 BNSF Form 0118 Rev.09/21/06
i
{e} Provide suitable drainage, both temporary nd
rY permanent;
anent,
{f} Job site cleanup including removal of all constructs
soil, refuse, contaminated soils as haI on materials, concrete debris, surplus
satisfaction of BNSF; p t debris, litter and other waste materials to the
6. INTENTIONALLY LEFT BLANK.
7• The Agency must have advanced railroad crossing g signs and standard pavement markings in
place at the crossing shown on Exhibit A
acceptance of this Project { the same are required by the MUTCC� prior to th
t by the Agency. } P e
8. The Agency must give BNSF's Manager Public Projects
Proceed")with the railroad portion of g olects written notice to proceed {"Notice to
P the work after receipt of necessary funds for the Project. B
not begin the railroad work{including, without limitation NSF will
until written notice to proceed is received from Agency.
' p rocur 1 ement of supplies, equipment❑r materials}
9• The Agency's Work must be performed b Agency enc g Y°r Agency's contractor in a manner that will
not endanger or interfere with the safe and
timely operations of BNSF and its facilities.
10. For any future inspection or maintenance either
subcontractors on behalf of the Agency, � ther routine or otherwise, performed b
9 cy, Agency shall require the subcontractors to execute Y
documents. Prior to performing any future maintenance the �
with all of BNSF's applicable safe r with its own personnel, Agency shall: comply
maintenance to safety rules and regulations; require any Agency employee e
complete the safety training program at the BNSF's performing
"contractororientation.com"; notify BNSF when, pursuant SF's Internet Website
required to be present; procure and h p t to the requirements of exhibit C, a flagger is
have approved by BNSF's Risk Management Department, Railroad
Protective Liability insurance.
11. Agency must require its contractor{s} to Hots BNSF's
days prior to requesting BNSF � F s Roadmaster at Least thirty {3p} calendar
9 F flagman to accordance with the requirements of Exhibit bit C attached
hereto. Additionally, Agency must require its contractor(s)s rior to co to notify BNSF's Manager of Public Projects
thirty{30}calendar day P mmencing work on BNSF property or near BNSF tracks.
12. Agency must include the following provisions in a
work on said Project: ny contract with its contractor{s} performing
{a} The Contractor is placed on notice that fiber optic,pt c, communication and other cable
lines and systems (collectively, the "Lines") owned b v
companies may be buried on BNSF's roe Y various telecommunications
Lines have been included property�°r right-of--way. The locations of these
uded on the plans based on information from th
telecommunications companies. The contractor will be r e
BNSF's Communications Network Control responsible for contacting
Center at 80v-533-289 1 and/or the
telecommunications companies and notifying them of an
these Lines or facilities and/or interfere with Y work that may damage
their service. The contractor must also
mark all Lines shown on the plans or marked in the field i
locations. The contractor must also use all reasonable order to verify their
sonable methods when working in the
BNSF right-of-way or on BNSF property to determine if
may exis any other Lines {fiber optic
cable, communication or otherwise} y t. ,
{b} Failure to mark or identify these Lines will be sufficient cause for BNSF's engineering
representative to stop construction
at no cyst to the Agency or BNSF until these
items are completed.
In addition to the Liability terms contained elsewhere in this
defends and holds harmless BNSF fo Agreement, the contractor hereby indemnifies,
r, from and against all cost, liability, and expense whatsoever
{including, without limitation, attorney's fees and court cos °ever
is and expenses} arising out of or in any way
W.seminary Drive Agreement(10/25/11) Page 4 BNSF Farm 0118 Rev.09/21/06
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contributed to by any act or omission of Contractor, its subcontractors,
' cause or in any way or degree contribute to � agents and/or employees that
and/or its subcontractors, } any damage to or destruction of any Lines b Contractor,
tors agents and/or employees, on BNSF's property r within Y o '
(2) any injury to or death of an rtY BNSF's right-of-way,
y person employed by or on behalf of any telecommunications company,
Y:andlor its contractor, agents and/or employees, on BNSF s property or within BNSF's
right-of-way, and/or
(3)any claim or cause of action for alleged loss of profits or r
or user of such telecommunication com an p evenue by, or loss of service by a customer
NOT BE AFFECTED p Y�ies}•THE LIABILITY ASSUMED BY CONTRACTOR �Iti1IL
8Y THE FACT, IF IT IS A FACT=THAT THE DAMAGE DE L
DEATH, CAUSE OF ACTION OR CLAIM tiIVAS OCCASIONED DESTRUCTION, INJURY,
NEGLIGENCE OF BNSF, ITS AGEN ONED BY OR CONTRIBUTED To 8Y THE
THE EXTENT TS, SERVANTS, EMPLOYEES OR OTHERtiIVISE EXCEPT TO
THAT SUCH CLAIMS ARE PROXIMATELY CAUSED INTENTIONAL
AL
MISCONDUCT OR GROSS NEGLIGENCE OF BNSF. BY THE INTENTIONAL
(c) The Contractor will be responsible for the rearrangement of any facilities or Lines
determined to interfere with the construction. The Contractor must cooperate fully
with any telecommunications company(ies)in performing uch
g rearrangements.
13• Agency must require compliance with the obligations
C and Exhibit C-1, and incorporate in g set forth in this agreement, including Exhibit
P each prime contract for construction of the Project, or the
specifications therefor(i) the provisions set forth in Article III; (ii) �
(iii) the provisions set forth in Exhibit : � } the provisions set forth in Article IV; and
and E_xhibr�, attached hereto and by reference made de a part
14. Except as otherwise provided below in this Section 13,
all cons#ruction work performed hereunder
by Agency for the Project will be pursuant to a contract or
contracts must include the following; contracts to be let by Agency, and all such
�a} All work performed under such contract or contracts within the limits of BNSF's right-of-
way must be performed in a good and workmanlike manner in accords
specifications approved by BNSF; accordance with plans and
(b) Changes or modifications during construction that affect safety or BNSF operations must
be subject to BNSF's approval;
(c) No work will be commenced within BNSF's right-of-way
ed in Conn ght of-way until each of the prime
contractors employed connection with said work must have (i) executed and delivered
to BNSF a letter agreement in the form of Exhibit C-I and ii
uired insura ) delivered to and secured
BNSF's approval of the required insurance;and
(d) If it is in Agency's best interest, Agency may direct
done by day labor under the direction Y that the construction of the Project be
direction and control of Agency, or if at any time, in the
opinion of Agency, the contractor has failed to prosecute with dill
in and by the terms of said contract, A Bence the work specified
Agency
contractor and take control over thew g Y may terminate its contract with the
work and proceed to complete the same by day labor
or by employing another contractor(s) provided; however' that a
the original contractor(s) must comply with the obligations any contractor(s) replacing
above and, provided further, that gations in favor of BNSF set forth
at if such construction is performed by day labor, A ens
will, at its expense, procure and maintain on behalf of BNSF g y
Exhibit C-1, the Insurance required by
(e) To facilitate scheduling for the Project, Agency shall g Y all have its contractor give BNSF's
Roadmaster 60 days advance notice of the proposed times and dates for work windows.
BNSF and Agency's contractor will establish mutually agreeable
Project. BNSF has the right at an time Y 9 eeable work windows for the
Y to revise or change the work windows, due to
train operations or service obligations. BNSF will not be responsible Ponsible for any additional
costs and expenses resulting from a than i g n work windows. Additional costs and
expenses resulting from a change in work windows shall be accounted for in the
contractor's expenses for the Project.
W-Seminary Drive Agreement(10/25/11) Pa 9 e 5 BNSF Form 0118 Rev.09/21/06
lk
1 5• Agency must advise the appropriate BNSF Manager Public
date of the Project within thirty Q days a g c Projects, in writing, of the completion
date of � } Y after such completion date. Additionally, Agency m
Manager Public Projects, in writing, of the date on which Agency a Y g y usl notify
with BNSF for the purpose of making final inspection g Y ndlor its Contractor will meet
p of the Project,
16. TO THE FULLEST EXTENT PERMITTE
INDEMNIFIES, DEFENDS D BY LAIN, AGENCY HEREBY RELEASES,
AND HOLDS HARMLESS BNSF, ITS AFFILIATED CO
PARTNERS, SUCCESSORS, ASSIGNS, LEGAL REPRESS MPANIES,
SHAREHOLDERS, EMPLOYEES AND REPRESENTATIVES OFFICERS, DIRECTORS,
AGENTS FOR, FROM AND AGAINST ANY AND ALL CLAIMS
LIABILITIES, FINES, PENALTIES, COSTS, DAMAGES LO '
SUITS, DEMANDS, JUDGMENTS AND � SSES, LIENS, CAUSES OF ACTION,
EXPENSES (INCLUDING, WITHOUT LIMITATION, COURT
COSTS AND ATTORNEYS' FEES) OF ANY NATURE KIND
T OR DESCRIPTION OF ANY PERSON
(INCLUDING, WITHOUT LIMITATION
HE EMPLOYEES OF THE PARTIES HERETO) OR ENTITY
DIRECTLY OR INDIRECTLY ARISING OUT OF, RESULTING F
ROM OR RELATED Tv �1N WHOLE OR IN PART) (1) THE USE, OCCUPANCY OR PRESENCE OF AGENCY, ITS CONTRACTORS
SUBCONTRACTORS, EMPLOYEES OR AGENTS IN ON OR '
(11) THE PERFORMANCE, OR FAILURE ABOUT THE CONSTRUCTION SITE,
TO PERFORM BY THE AGENCY, ITS CONTRACTORS
SUBCONTRACTORS, EMPLOYEES, OR AGENTS, ITS VVOR '
AGREEMENT, (111) THE SOLE OR C K OR ANY OBLIGATION UNDER THIS
CONTRIBUTING ACTS OR OMISSIONS OF AGENCY ITS
CONTRACTORS, SUBCONTRACTORS, EMPLOYEES OR '
AGENCY'S B AGENTS 1N, ON, OR ABOUT THE
CONSTRUCTION SITE, (IV) REACH OF THE TEMPORARY CONSTRUCTION
EASEMENT GRANTED TO AGENCY PURSUANT TO ARTICLE LICENSE
OR CLE 11 OF THIS AGREEMENT, (V)
ANY RIGHTS OR INTERESTS GRANTED TO AGENCY PURSUANT TO THE TEMPORARY
CONSTRUCTION LICENSE OR EASEMENT DISCUSSED IN A
RTICLE I1 OF TH15 AGREEMENT, NO OCCUPATION AND USE OF BNSF'S PROPERTY OR RIGHT-OF-WAY, INCLUDING
WITHOUT LIMITATION, SUBSEQUENT MAINTENANCE OF THE
AN ACT OR OMISSION OF AGENCY E STRUCTURE BY AGENCY, OR�Vll}
OR 1T5 OFFICERS, AGENTS, INVITEES, EMPLOYEES OR
CONTRACTORS OR ANYONE DIRECTLY OR INDIRECTLY
EMPLOYED BY ANY OF THEM, OR
ANYONE THEY CONTROL OR EXERCISE CONTROL OVER. THE LIABILITY ASSUMED BY
AGENCY WILL NOT BE AFFECTED BY THE FACT IF IT
DESTRUCTION, INJURY OR DEATH VII 15 A FACT, THAT THE DAMAGE,
A5 OCCASIONED BY OR CONTRIBUTED TO BY THE
NEGLIGENCE OF BNSF, ITS AGENTS, SERVANTS EMPLOY
EE5 OR OTHERWISE, EXCEPT TO
THE EXTENT THAT SUCH CLAIMS ARE PROXIMATELY CAUSED BY THE INTENTIONAL
MISCONDUCT OR GROSS NEGLIGENCE OF BNSF.
ARTICLE 1V--JOINT OBLIGATIONS
IN CONSIDERATION of the premises, the parties hereto mutually agree to the following:
1- All work contemplated in this Agreement must be erform
comment p ed in a goad and workmanlike manner
and each portion must be prompt)diligently r Y commenced by the party obligated hereunder to perform the same
and thereafter dili
g y p osecuted to conclusion in its logical order and sequence. Furthermore,
changes or modifications during construction which affect BNSF will any
to the commencement of any such changes or ii be subject to BNSF's approval prior
9 modifications.
2. The work hereunder must be done in accordance with the Exhibit A and the detailed plans and
specifications approved by BNSF.
3• Agency must require its contractor(s)to reasonably adhere
agree Y ere to the Project's construction schedule
for all Project work. The parties hereto mutually 9 ee that BNSF's failure to complete the railroad work in
accordance with the construction
schedule due to inclement weather or unforeseen railroad emer
will not constitute a breach of this Agreement by BNSF and w gencies
i
Regardless of the requirements of the construction will not subject BNSF to any liability.
uction schedule, BNSF reserves the right to reallocate the
labor forces assigned to complete the railroad work in the event
immediate restoration of railroad operations of an emergency to provide far the
P BNSF or its related railroads) or to protect persons or
property on or near any BNSF owned property. BNSF will not be liable for any additional casts or
W Seminary Drive Agreement(10125111) Page 6 BNSF Form 0118 Rev.09/21/06
i
expenses resulting from any such reallocation of its labor forces. The a
reallocation of labor fort parties mutually agree that an
es by BNSF pursuant#o this provision and any direct or indirect cons Y
costs resulting from any such reallocation will not con consequences or
constitute a breach of this Agreement by BNSF.
4. BNSF will have the right to stop construction
work on the Project if any of the following events
take place: (i) Agency (or any of its contractors) performs the Project
plans and specifications approved b BNSF- (ii) 1 ct work in a manner contrary #o the
Y , � } Agency for any of its contractors), in BNSF's opinion,
Prosecutes the Project work in a manner which is hazardous to BNSF property, f '
expeditious movement of railroad traffic; (iii) he insurance facilities or the safe and
canceled during } ce described in the attached Exhibit C-� is
g the course of the Project; or Div} Agency fails #o a BNSF
Construction License or the Easement pursuant to Article li Section �I P Y for the Temporary
of this Agreement. The work
stoppage will continue until all necessary actions are taken b Agency
situation to the satisfaction of BNSF's Division Engineer Y g ncy or its contractor to rectify the
to and accepted by BNSF. In the even g or until additional insurance has been delivered
t of a breach of(i)this Agreement, (ii)the Temporary Construction
License, or(iii) the Easement, BNSF may immediately erminate #h
the Easement. Any such work stoppage and Y e Temporary Construction License or
BNSF. BNSF's right #o s under this provision will not give rise to any liability on the part of
g top the work is in addition #o any other rights BNSF ma have inclu
limited#o, actions or suits for damages or lost profi#s. in the even##h Y ding: but not
work on the Project, BNSF agrees to immediately notify the following individual in writing:
Tai Nguyen
Project Manager
City of Fort Worth
5001 James Avenue
Fort Worth,Texas 76115
5. Agency must supervise and inspect the operations of all Agency
compliance with the plans and specifications approved g cy contractors to assure
safety requirements of the BNSF PP by BNSF, the terms of this Agreement and all
railroad. !f BNSF determines that proper supervision and inspection i
not being performed by Agency personnel at any time during onstructs P s
right to stop construction within or adjacent to its g on of the Project, BNSF has the
J operating right-of-way). Construction of the Project will
not proceed until Agency corrects the situation to BNSF's reasonable sate
edi#sous ma sfac#ion. if BNSF feels the
situation is not being corrected in an expeditious manner, BNSF will immediately notify Tai N u en for
appropriate corrective action.
5. Pursuant to this section and Article ll, Section 6 herein A
the actual costs of all work performed by BNSF under this Agency must reimburse BNSF in full for
the Exhibit D. s Agreement, less BNSF's Share as set forth in
7. All expenses detailed in statements sent to Agency pursuant g Y P # to Article Il, Section 6 herein will
comply with the terms and provisions of the Federal Aid Highway Program Manual, U.S. Department of
Transportation, as amended from time to time, which manual is her
of this Agreement by reference. The parties hereby incorporated into and made a part
p mutually agree that BNSF's preliminary engineering, design,
and contract preparation costs described in Article ll, Section 2 herein g
even though such work may have preceded the date of the are part of the costs of the Project
s Agreement.
5. The construction of the Project will not commence until A
Projects thirty (36) days prior written notice of such Agency gives BNSF's Manager Public
commencement. The commencement notice will
reference BNSF's file number 0204785 and D.O.T. Crossing o. o
g 20478S and must state the time that
construction activities will begin.
9. In addition to the terms and conditions set forth elsewhere in this Agreement, BNSF and the
Agency agree to the following terms upon completion of construction of the Project:
(a) Agency will own and be fully responsible for repairs, maintenance,tenance, future construction or
reconstruction of the W. Seminary Drive roadway.
W.seminary Drive Agreement(10/25/11) Page 7 BNSF Farm 0118 Rev.09/21/06
w
(b) Agency will maintain the elevation of the W. Seminary r
match the elevation on the railroad track crossing �!--ive roadway approaches to
ssing surfaces.
(c) To the extent allowed by law, Agency will maintain the advanced railroad crossing
warning signs and pavement markings and agrees to hold harmless and indemnify BNSF
for any claims, damages or losses, in whole or in part, caused by Y or due to the Agency's
failure to maintain the advanced warning signs and markings or other requirements of the
S AGREEMENT SHALL EVER BE CONSTRUED So AS To
REQUIRE AGENCY To CREATE A SINKING FUND OR To A
COLLECT ANY TAX To FUND ITS OBLIGATIONS SSESS, LEVY AND
GATIQNS UNDER PARAGRAPH 9 (c) of
THIS AGREEMENT.
(d) Agency will do nothing and permit nothing to be done in
,which will in the maintenance of the W.
Seminary Drive roadway, interfere with or endanger facilities of BNSF.
(e) It is expressly understood by Agency and BNSF that an permit or liven Y right to install utilities will be
governed by a separate
P se agreement between the parties hereto.
�f} BNSF will, at its sole cost and expense, maintain the crossing
end-of-tie, in proper condition. surfaces, from end-of-tie to
(g) Notwithstanding the preceding provision, if an regulations,
passed or am Y g s, ordinances, acts, rules or
other laws subsequently
P ended by the Agency or any other governmental or
legislative authority increase the Agency's portion of maintenance
Agreement, BNSF will receive the benefit of an such r cost under this
or other laws and the Agency's � Y regulations, ordinances, acts, rules
increased portion of maintenance costs will be
incorporated into and made a part of this Agreement.
(h) If a railway or highway improvement project necessitates rearrangement,Equipment, Crossing relocation, or
alteration of the Crossing Signal Equi
P sing Signal House, or the crossing
surfaces in the track, the costs for such rearrangement, relocation or alteration will be the res
responsibility of the a rt Y re q uesting such changes.
10. Agency must notify and obtain prior authorization from BNSF'
--way for Inspection a s Manager of Public Projects before
entering BNSF's right-of-way and Maintenance purposes and the BNSF Manager of
Public Projects will determine if flagging is required. If the construction
Agency must require its prime contractors to work hereunder is contracted,
Exhibit C-1 as contractor(s) comply with the obligations set forth in Exhibit C and
the same may be revised from time to time. Agency ill be r
contractor(s)compliance with such obligations. Y responsible for its
11. Any books, papers, records and accounts of the arties hereto relating to the work hereunder or
the costs or expenses for labor and material c P
connected with the construction will at all reasonable times
be open to inspection and audit by the agents and authorized representatives
Highway Administration,P sentatives of the parties hereto, as
well as the State of Texas and the Federal Hi
date of the final BNSF invoice u g Y for a period of one(1)year from the
under this Agreement.
12. The covenants and provisions of this Agreement are binding
successors and assigns of the parties hereto. Notwithstanding upon and inure to the benefit of the
standing the preceding sentence, neither party
hereto may assign any of its rights or obligations hereunder without the prior written consent of the other
party.
13. In the event construction of the Project does not commence within thi'
this Agreement will become nu!l and void. n 5 months of the Effective Date,
14. To the extent allowed by law, neither termination nor expiration
either party from any liability or obligation under of this Agreement will release
g e this Agreement, whether of indemnity or otherwise,
resulting from any acts, omissions or events happening prior to the d
g P ate of termination or expiration.
NOTHING IN THIS AGREEMENT SHALL EVER BE CONSTRUED So AS To REQUIRE AGENCY To
W Seminary Drive Agreement(1 0125/11) Page 8 BNSF Form 0118 Rev.09/21/06
t
CREATE A SINKING FUND OR TO ASSESS, LEVY AND
F COLLECT ANY TAX To FUND ITS
OBLIGATIONS UNDER PARAGRAPH 14)OF THIS AGREEMENT.
15. To the maximum extent possible, each provision of this
manner as to be effective and valid under Agreement will be interpreted in such a
e applicable law. If any provision of this Agreement is prohibited
by, or held to be invalid under, applicable law, such rovision will ll be ineffective solely to the extent of
such prohibition or invalidity and the remainder of the provision will be enforceable.
16. This Agreement including exhibits and other documents, manuals, etc. Incorporated herein) is
the full and complete agreement between
BNSF and Agency with respect to the subject matter herein
and supersedes any and all other prior agreements between the a
p roes hereto.
17. Any notice provided for herein or concerning his A r
deemed sufficientl g g eement must be to writing and will be
Y given when sent by certified mail, return receipt requested to the
following addresses: parties at the
BNSF Railway Company: BNSF`s Manager Public Projects
5800 NORTH MAIN STREET
SAG I NAW, TEXAS 76179
Agency: er Project Manager
City of Fort Worth
Department of Engineering
1 000 Throckmorton Street
Fort Worth, Texas 76102
W Seminary Drive Agreement(10/25/11) Page 9 BNSF Form 0118 Rev.09/21/06
4
P
IN WITNESS WHEREOF, the parties hereto have caused this
attested b its duly Agreement to be executed and
Y' y qualified and authorized officials as of the day and ear first above e written.
BNSF RAILWAY COMPANY
By:
Printed-Name: TIMOTHY-J. HUYA
Title: MANAGER PUBLIC PROJECTS
AGENCY
CITY OF FORT WORTH
ATT
C ���
Fernando Costa
ity ecret ry
O�Q Assistant City Manager
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Date:
Contract Authorization 000000 .y
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Date: � � 1�- � � �����-XA
P D S FORM AND LEGALITY: AP VAL E
I COMMENDED:
tj
Doug Black Douglas MWiersig, P.E.
Assistant City Attorney Director Trans
VK,c- C; 7,5--41Ll Transportation &Public rks
Date: Date:
All invoices for the project will be sent to:
Tai Nguyen
Project Manager
City of Fort Worth
5991 James Avenue
Fort Worth, Texas 76115
Phone: 817-392-2359
OFFICIAL
RE RD
JCITY-
A Y
T. ]
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W Seminary Drive Agreement(10/25/11) Page 10 BNSF Form 0118 Rev.09121106
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MAINTAIN PROPRII,TARY CONI�IDENTIALITY
BNSF RAILWAY COMPANY EXHIBIT D
FIIPM ESTIMATE FOR Railroad Signal Cast Estimate
CITY OF FORT WORTII Seminary Drive
Revised 11111/2011
LOCATION FT WORTI I DETAILS OF ESTIMATE PLAN ITEM: PS1020478S VERSION.
PURPOSE..,]USTIFICATION AND DE.SCRI PTION
INSTA1..i..PRE FOR WAYSIDE I10I?N AND 2 MEDIAN F LASI II=RS W/6ATES AT W SEMINARY DR IN FT Z4OItTI1,TX.TEXAS D]V.,FT
WORTII SUBDIV.,L/S 7500,M.P.341.1,DOT#02047SS
MO':tiTiiL.Y PONNER UTILITY COST('ENTER,61698
SEQ.#38306
CONTMTING CONTRACTS HAVE BEEN FSTABLISI IEI)FOR PORTIONS OF SIGNAL WORK ON THE BNSF RAILROAD,
THIS ESTIMATE IS GOOD FOR 90 DAYS.TIIEREAF'TER THE ESTIMATE IS SUBJECT TO CHANGE IN COST FOR LABOR,MATERIAL,AND
OVERIiE.,AD.
MAINTAIN PROPRIETARY CONFIDENTIALITY.
TIIE MATERIAL LIST BELOW REFLECTS TYPICAL REPRESENTIVE PACKAGES USED FOR ESTIMATING PURPOSE ONLY.
TI IE-Y CAN BE EXPECTI D TO CIIANGE AFTE?R TIIE ENT(aINI ERIN0 PROCESS,DETAILED AND ACCURATE MATLRiAL LISTS WILL BE
FURNISITED AgIFN FNGINEERIN(=;IS COMPi_FTFI).
* *** *** * ****** *** *******SIGNAL WORK ONLY
THE CITY OF FORT WORTH IS FUNDING THIS PROJECT APPROXIMATELY 8€1('0.THE BNSF IS FUNDING APPROXINIATELY 201!/o
DESCRIPTION QUANTITY U/M
COST TOTALS
**********
LABOR
**********
SIGNAL FIELD LABOR-CAP 480.0 M11 1 2,509
PAYROLL ASSOCIATEI)COSTS 7,569
DA OVI RI IEADS 1 2,05`1
EQUIPMENT EXPENSES 4,136
INSURANCE EXPENSES 1,068
TOTAL LABOR COST 38 234 35,234
*************
MATERIAL
BATTERY 1.0 EA N 5,255
CABLE 1.0 F A N 8,860
CHARGERS RS I.0 LS N 1,181
CONDUIT,PVC 4",SCII So 60.0 FT N 234
DOUBLE SIDE X13UCK 2.0 IA N I IzO
FIELD MATERLAL 1 fl LS N 4 455
FOUNDATION,STEEL 2 O EA N 1,418
GATE KEEPER 2.0 EA N 3,727
(.ATE NrIECii.MODEL S-()fl 2.0 FA N 16,270
LED LIGHT ADJUSTMENT 16.0 EA N 3,855
LED LIGHT GATE KIT 4.0 EA N 1,588
1,16 11 T OUT Di'TEC'TOR 1.41 FA N 946
MISC WIRE MATERIAL 1.0 I_S N 2.00
PRFE\l PT.ICT 13OX 1.0 LS N 264
RECORDER L0 LS N 5,203
RELAY W'B ASE ,.ti 1..5 N 1,000
TELLULAR DEVICE 1.0 FA N 2,600
USE TAX 5,210
OFFLINE TRANSPORTATION 754
TOTAL MATERIAL COST 66.577 W'077
t)TI[FR
4()N TR.%('T 01 R 1-34)RF
Page 1 at 2
1
J
CONTRACT ENGR. !.0 EA N 8,000
SURFACE RUCK 22.0 CY N 550
TOTA I.OTITEIt ITEMS COST 34,050 .34.050
P RO TI-CT SUBTOTAL 1 38,861
CONTINGENCIES 0
BILL PREPARATION IEEE 1,389
GROSS PROJECT COST 14022-50
LESS COST PAID BY I3NSF M8 050
TOTAL BILLABLE COST 1 121200
Page 2 of 2
M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA Fo RT WO RTH
""Tor----
................ .....
COUNCIL ACTION: Approved on 2/21/2012
REFERENCE ** 20BNSF
DATE: 212112012 NO.: �-2644a LOG NAME. SEMINARYBIDDISON
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of an Agreement in the Amount of$238,883.00 with the Burlington
Northern Santa Fe Railway Company for the Upgrade of Railroad Signal Equipment at
West Seminary Drive, Butler Street and Biddison Street (COUNCIL DISTRICTS 3 and 9)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize execution of an Agreement in the amount of$238,883.00 with the Burlington Northern
Santa Fe Railway Company to upgrade railroad signal equipment at West Seminary Drive, Butler
Street and Biddison Street; and
2. Authorize the City Manager to Sign a Notice of Quiet Zone Establishment certification for the
creation of a Quiet Zone that includes Burlington Northern Santa Fe Railway crossings at West
Seminary Drive, Butler Street and Biddison Street.
DISCUSSION:
On March 25, 20089 (M&C C-22731)the City Council approved the execution of a Local Project
Advanced Funding Agreement with TxDOT for the South Central High Speed Rail Corridor Quiet
Zone Project and adopt an appropriation ordinance (Grant No. 302253).
This Mayor and Council Communication is to fund the upgrade of all three railroad signals (West
Seminary Drive, Butler Street and Biddison Street) by the Burlington Northern Santa Fe Railway and
will allow the City to install and maintain quiet zone devices, being a wayside horn system at the
railroad crossings of Butler Street and Biddison Street. Under a future project, the West Seminary
Drive crossing will receive another type of quiet zone device.
-the cost to upgrade each crossing is:
West Seminary Drive $1129200.00
Butler Street $ 42,852.00
Biddison Street $ 83,831.00
Total $2389883.00
This project is located in COUNCIL DISTRICTS 3 and 9.
FISCAL INFORMATIONICERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current capital
budget, as appropriated, of the Grant Capital Projects Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
http:Happs.cfwnet.orglcouncil—packetlmc review.asp?ID=16459&councildate=212112012 9/1412012
M&C Review Page 2 of 2
GR74 541 200 020302253830 $238,883-00
Submitted for Citeses na-cler's Office byi Fernando Costa (6122)
orininatina Department Head: Douglas W. Wiersig (7801)
Additional Information Contact: George A. Behmanesh (7914)
ATTACHMENTS
BNSF_& Biddison_Butler&_W_Seminardf
http-.Happs.cfwnet.org/council�acketlmc re�iew.asp?ID=16459&councildate=2121/2012 9/14/2012