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HomeMy WebLinkAboutContract CAG-19-292 RAILWAY GRADE CROSSING SIGNAL INSTALLATION AGREEMENT BNSF File No.: BF10015175 Mile Post 12.18 Line Segment 410 U.S. DOT Number 091690C Seattle Subdivision Spur Subdivision Wells Ave S THIS GRADE CROSSING SIGNAL INSTALLATION AGREEMENT (hereinafter called, "Agreement"), is executed to be effective as of , by and between the City of Renton, a Political Subdivision of the State of Washington, a Municipal Corporation, (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 install railroad crossing signals and activation equipment known as Wells Ave S Signal Modification Project; • WHEREAS, the project is-located at U.S. DOT crossing 091690C as indicated on Exhibit "A", attached hereto and incorporated herein; WHEREAS, the parties agree that the RAILROAD will receive no ascertainable benefit from the installation of advance warning signs,pavement marking stop bars or crossing signal equipment(hereinafter collectively called, "Crossing Signal Equipment"); WHEREAS, the AGENCY is paying for the acquisition and installation of crossing signal equipment at Wells Ave S. WHEREAS, the RAILROAD agrees to purchase and install, at AGENCY'S sole 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: 1 of 9 / ',tVr' RA/L WAY ARTICLE I—SCOPE OF WORK 1. The term "Project" as used in this agreement includes any and all work related to the installation of crossing signals and activation equipment at U.S. DOT crossing 091690C, more particularly described on Exhibit"A" and Exhibit`B"which are 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 Wells Ave S. The work will be performed at AGENCY's expense and in accordance with the MUTCD and the plans and specifications approved by AGENCY and the Federal Highway Administration. The plans and specifications are attached to this Agreement as Exhibit`B" and incorporated herein. 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 "C" 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"C". 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"C"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. 2 of 9 BNS/F" RAILWAY ARTICLE III—AGENCY OBLIGATIONS In consideration of the covenants of RAILROAD set forth herein and the faithful performance thereof, AGENCY agrees as follows: 1. 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. The AGENCY will approve the location of the signals and signal bungalow prior to installation by RAILROAD. 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 (including taxes, such as applicable sales and use taxes, business and occupation taxes, and similar taxes). 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 final costs,segregated as to labor and materials for each item in the recapitulation shown on Exhibit "C". Pursuant to this section, AGENCY must pay the final invoice within ninety (90) days of the date of the fmal invoice. RAILROAD will assess a finance charge of.033%per day(12%per annum) on any unpaid sums or other charges due under this Agreement which are past its credit terms. The finance charge continues to accrue daily until the date payment is received by RAILROAD, not the date payment is made or the date postmarked on the payment. Finance charges will be assessed on delinquent sums and other charges as of the end of the month and will be reduced by amounts in dispute and any un-posted payments received by the month's end. Finance charges will be noted on invoices sent to AGENCY under this section. 6. Intentionally left blank. 3 of 9 A5rA9110 .40c.. — RAILWAY 7. The AGENCY must have advance 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 Project by the AGENCY. The AGENCY assumes full responsibility for the maintenance of advance warning signs and pavement markings and agrees to hold harmless and indemnify the RAILROAD for any claims, damages or losses, in whole or in part, caused by or due to the AGENCY'S failure to maintain the advance 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. 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 fmal RAILROAD invoice under this Agreement. 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 and the new crossing surface 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. 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. 5. If any of the Crossing Signal Equipment is partially or wholly destroyed, then such repair and/or replacement costs must be distributed among the parties as follows: a) In the event the RAILROAD's sole negligence destroys or damages the Crossing Signal Equipment, RAILROAD must reimburse AGENCY for the costs to replace or repair such Crossing Signal Equipment. 4 of 9 RA/1 WAY b) In the event the Crossing Signal Equipment is damaged or destroyed by any other cause, AGENCY must, at its sole cost and expense, replace or repair such Crossing Signal Equipment. 6. If the Crossing Signal Equipment installed hereunder cannot, through age, be maintained, or, by virtue of its obsolescence, requires replacement, the cost of installation of new crossing signal equipment will be negotiated by the parties hereto on the basis of the current Federal Aid Railroad Signal Program participation and applicable AGENCY at the time of such replacement is warranted. 7. 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. 5 of 9 - -- R.�'!C I'YA Y IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. BNSF RAILWAY COMPANY By: v Printed Name: �, .P�I� c � ��- Title: �S.r� ��✓ /��� �^'.'wn City of By: Printed Name: Title: Mayor Attes Denis Law � iC Jason t City Cle ``������ru�urur _ ��� _ � = ���.L _ * = ,; � y �'4 �.�`��S ',����i���RATED`S�Q` �`��\` 6 of 9 RAIL WAY Exhibit"A" [Insert drawing of crossing here] 7 of 9 • I I [xrsnxc alv \RMRDID NACKS ot•I PLOT i. _ nllllfvvvv _" en ro° L,‘, n _r° �. —°�� "_\\ , — r° -- r—o—. ��` Y r N PROPOSED q ° u ° CROSSRAILRING SIGNAL �- /�� ` SAKIA LK MP) ! I `, h 9aWAUt 1— ELLSA ES 8 ' A d `� �.D IMPOSED RAILROAD B d 71:3 \ xE CURB BM .r SniBOL raj",i ICRDGSING MEWL /am' _ •_ -f \ • •'.°CBS • wosvrc mea .t, 'g/��� .141:14.'..\— ---—P:— _ 1. .. CROSSING O I'/ Q►\ j. ErtNAL HEAD ` �\ SIGNAL NfAD p` , n ti 3 1PP7N \\\ Ali T. 3 PLAN AN Ili D s 10 10 !D — SCALE IN FEET 3 • uwvonow K"° KpG RAILROAD CITY OF RENTON WILLIAMS AVE S AND WELLS AVES °°nwrp R° _ DESIGN°r. Inlard OpPne%D°+b" f• CONVERSION PROJECT pwrnw. le�es 1y - 1N'NJAr Iv➢1M1mAr CROSSING per.we,.D.,„•.., rmmw. c saro io+Auan usxwRD pop Caa.xucmN mmu Yiovvox_yr "*KOMI nA,mm, EXHIBIT WELLS AVE S AND HOUSER WAY S Sour ItE oat er App. °nip ne dorum.n« 'z°;;uw ...Sy. ar. wrt. seRNa a or A RA AZ WAY Exhibit"B" [Insert plans and specifications detailing Railroad's work] 8 of 9 + + The Burlington Northern & Santa Fe Railway Company TO SOUTH SEATTLE TO SCOPA EASTWARD APPR.469' WESTWARD APPR.469' 10 MPH > < !SW MN. > < 10 MPH YF 50'MIN. >1 1=50'MIN. 7d N11 Icy O S 1US 4_®a� — • O NBS A1 Y I R1 _ M.P.12.28 M.P.�z 15 MAIN AVE. WILLIAMS AVE • �$ 9X6 DOT •©aI ssa oar •091 sal a H H.P.12.18 WELLS AVE DOT 091690C PROTECP 7336E REPLACE:GATES, LEDS, FLASHERS CONTROL DEVICES: CONSTANT WARNING SALVAGE: NONE RED = INS e o f Eaxe INSTRUMENT HOUSE ® BELL BNSF RAILWAY CO. Warning device placement: METER Clearance to C.L. Track = Min. 12' LOCATION:RENTON WA • CROSSING CONTROLL CONNECTIONS Edge of Road to C.L. Foundation: STREET:WELLS AVE Min. 4'3" with curb. Q BIDIRECTIONAL CROSSING CONTROL Min. 8'3" without curb. LS:410 N.E.12.18 p UNIDIRECTIONAL CROSSING CONTROL Max. 12' DOT 8 091690C House Clearance: 25' Min. to Near Rail DIVISION:NORTHWEST P: COUPLER OR TERMINATION 30' Min. to Edge of Road SUBDIVISION:SEATTLE ALL LIGHTS TO BE LED NO SCALE DATE:04/24/19 GUARD RAIL FILE:73368-SteteSketch.dgn AMW • + + RA/t WAY Exhibit"C" [INSERT ESTIMATE OF RAILROAD'S COSTS HERE] 9 of 9 MAINTAIN PROPRIETARY CONFIDENTIALITY ••••• BNSF RAILWAY COMPANY FHPM ESTIMATE FOR CITY OF RENTON WA LOCATION WEST RENTON TO RENTON DETAILS OF ESTIMATE PLAN ITEM: 000314420 VERSION: 1 PURPOSE,JUSTIFICATION AND DESCRIPTION WELLS AVE S RENTON WA;REPLACE CONSTANT WARNING/FLASHERS;NORTHWEST DIV;SEATTLE SUBDIV;LS 410;MP 12.18;DOT# 091690C;SEQ#73368. MONTHLY POWER UTILITY COST CENTER:61504. THE MATERIAL LIST BELOW REFLECTS TYPICAL REPRESENTATIVE PACKAGES USED FOR ESTIMATING PURPOSES ONLY. THIS ESTIMATE IS GOOD FOR 180 DAYS.THE ESTIMATE IS SUBJECT TO CHANGE IN COST FOR LABOR,MATERIAL,AND OVERHEAD. CONTRACTS HAVE BEEN ESTABLISHED FOR PORTIONS OF SIGNAL WORK ON THE BNSF RAILROAD. SIGNAL WORK ONLY THE CITY OF RENTON,WA IS FUNDING 100%OF THIS PROJECT. MAINTAIN PROPRIETARY CONFIDENTIALITY. PRIMARY FUNDING SOURCE IS FHWA ••BUY AMERICA(N)APPLIES•• DESCRIPTION QUANTITY U/M COST TOTAL S LABOR ELECTRICAL LABOR F/SIGNAL EQUIPMENT 54.0 MH 1,669 SIGNAL FIELD-REPLACE 672.0 MR 2O,718 SIGNAL SHOP LABOR-CAP 0.01 MH I PAYROLL ASSOCIATED COSTS 14,634 DA OVERHEADS 24,297 EQUIPMENT EXPENSES 4,978 INSURANCE EXPENSES 3,917 TOTAL LABOR COST 70,214 70,214 MATERIAL wwwuwwwwwwww ARRESTOR,MDSA-2 XS 1.0 EA N 697 BATTERY,10 VGL-255,9 VGL-350 1.0 LS N 4,659 BELLS 2.0 EA N 412 BUNGALOW 8X8 W'/AC 1.0 LS N 10,142 BUNGALOW MATERIAL 1.0 LS N 7,564 • CABLE,2C/6 TW 500.0 FT N 610 CABLE,3C/2 250.0 FT N 1,458 CABLE,5C/10 70.0 FT N 132 CABLE,5C/6 500.0 FT N 2,065 CHARGERS,12/80(20/40/60) 2.0 EA N 2,073 CONSTANT WARNING,XP4,ITK 1.0 EA N 16,252 ELECTRICAL MATERIAL 1.0 LS N 1,500 EVENT RECORDER 1.0 EA N 3,250 FIELD MATERIAL 1.0 LS N 7,372 FILL DIRT 20.0 CY N 500 FLASHER ASSEMBLY,COMPLETE 2.0 EA N 4,039 FOUNDATION,STEEL 2.0 EA N 1,347 LED LIGHT 8.0 EA N 1,461 LIGHT OUT DETECTOR 1.0 EA N 913 SHUNT,NBS 2.0 EA N 2,012 SURFACE ROCK 10.0 CY N 500 USE TAX 6,506 OFFLINE TRANSPORTATION 857 TOTAL MATERIAL COST 76,321 76,321 OTHER Page 3 of 4 AC POWER SERVICE 1.0 EA N 5,000 BUNGALOW,WIRE AND TEST 1.0 LS N 4,418 CONTRACT ENGINEERING 1.0 LS N 8,000 DIRECTIONAL BORING 300.0 FT N 15,000 TOTAL OTHER ITEMS COST 32,418 32,418 PROJECT SUBTOTAL 178,953 CONTINGENCIES 16,920 BILL PREPARATION FEE 1,959 GROSS PROJECT COST 197,832 LESS COST PAID BY BNSF 0 TOTAL BILLABLE COST 197,832 • • Page 4 of 4