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
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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. ¢
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AND PUBLIC WORKS
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DESIGNED "I ��HIBITA
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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
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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