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HomeMy WebLinkAboutBNSF RAILWAY COMPANYA-2019-161 INSURANCE NOT REQUIRED WORK NIAY PROCEED CLERK OF COUNCIL ;1"T`. SEP 2 5 2019 ©� V'r.h W GRADE CROSSING SIGNAL INSTALLATION AGREEMENT FPS Cl`^> BNSF File No.: BF10011783 Mile Post 176.30 Line Segment 7655 Dyer Road U.S. DOT Number 026711U Irvine Industrial Lead Subdivision THIS GRADE CROSSING SIGNAL INSTALLATION AGREEMENT (hereinafter called, "Agreement"), is executed to be effective as of 201_, by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California, herein represented and acting through its City Council (hereinafter called, "AGENCY"), and BNSF RAILWAY COMPANY, a Delaware Corporation (hereinafter called, "RAILROAD"). C1Y110D.Y.`I lY 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 at the Dyer Road crossing; WHEREAS, the Dyer Road crossing is located between Red Hill Avenue and Pullman Street at U.S. DOT crossing 026711U 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 items 8, 9 and 11 listed under the Construction Notes section of Exhibit `B-1", attached hereto and incorporated herein, said items are hereinafter collectively called "Crossing Signal Equipment" at Dyer Road crossing; WHEREAS, the RAILROAD agrees to purchase and install, at AGENCY'S sole expense, the said Crossing Signal Equipment described in the scope of work herein, and upon the terms and conditions set forth below; WHEREAS, the RAILROAD agrees said Crossing Signal Equipment can and will be installed prior to any other improvement listed in said Exhibit "B-1", and Exhibit "13-2 attached hereto and incorporated herein; WHEREAS, the improvements listed in said Exhibits "B-l" and Exhibit "B-2" can be installed by a third party before or after said Crossing Signal Equipment; NOW, THEREFORE, in consideration of the mutual covenants and agreements of the parties contained herein, the receipt and sufficiency of which are hereby aclmowledged, the parties agree as follows: ARTICLE I — SCOPE OF WORK 1. The term "Project" as used in this agreement includes said Crossing Signal Equipment and any and all work related to the installation thereof to make it operational at U.S. DOT crossing 026711U, indicated on said Exhibit "A" and Exhibit "B-1" 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, and disposal of scrap. 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 said Crossing Signal Equipment. The work will be performed at AGENCY's expense and in accordance with the MUTCD and the plans and specifications approved by AGENCY. The plans and specifications are attached to this Agreement as said Exhibits "13-1" and `B-2) and incorporated herein. 2. 'rho detailed estimate of RAILROAD'S Project cost include construction engineering, installation labor (including the costs, if any, of electrical service from a public utility), traffic control, administration costs, plan review costs, permit costs 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 (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 said Project. 2 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 6 months following completion of Crossing Signal Equipment installation. 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. The 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) as shown in Exhibit C. 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, the 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 forty-five six (6) months of the date of the invoice for such work. Upon completion of the Project, RAILROAD will send AGENCY a detailed invoice of final Project 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 six (6) months of the date of the final invoice. 3 6. The AGENCY must have advance railroad crossing wanting signs and standard pavement markings in place at the crossing location indicated on said Exhibit "A" (if the sarne are required by the MUTCD) prior to the acceptance of this Project by the AGENCY. The AGENCY assumes frill 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. 7. 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 and this agreement is executed by all parties. 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. 8. BNSF must give Agency a written notice of estimated project start for Agency coordination. This notice by no means executes BNSF start of construction and shall only be used for city coordination of construction. 10. The total amount to be expended under this Agreement by AGENCY is set forth on Exhibit C, which amount shall be subject to actual costs and expenses of BNSF. 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 said 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) years from the date of the final RAILROAD invoice under this Agreement. 2. Upon completion of the installation of said Project, the RAILROAD, will at its sole cost and expense, operate and maintain the Crossing Signal Equipment. 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 4 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 roust be distributed among the parties as follows: a) In the event the RAILROAD'S negligence destroys or damages the Crossing Signal Equipment, RAILROAD must reimburse AGENCY for the costs to replace or repair such Crossing Signal Equipment. 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 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. BNSF RAILWAY COMPANY By: Printed Name: &Wtyl' Title: M I1r- I �� P✓° 12 S CITY OF SANTA ANA Printed Name: _ Kristine Ridge City Manager Title. `�— DAISY GOMEZ CLERK OF THE COUNCIL Exhibit `B" [Insert plans and specifications detailing Railroad's work] I -ll-�- ) OO � I u�l� f90 i o = 1 W ;w 1-4— 0 r II- m i ssI —x li zs- \ 11 Y 11 \ Y U Ll 2 O V rvV Q W y H Z aS ¢ p W M N ry U W M (p ¢£ �/) F W � •� # VJ O Ifl (fl W lyj rJ ^4 J U t~n J£ O � In Y UZ U Li Q ro O 1] O Z L K O J £ U ] l C W N 0 O O Um N 0 0 C MM ro CIO�i E� O 0 V O O O pp n o w p o L 0 m a�W 2 O L Q 3 ;y U � Z � Z m U P � z Q 3 J Q z o Fm I- LO W O U a Z Z Z w C� o (n U WW fwJ1 J K U £ W q W o J w > Z o 2 z a z LL o Z z o f o Y £ z I U ¢ ¢ W J W ¢ m w¢ o LI o U w o Exhibit "C" [INSERT ESTIMATE OF RAILROAD'S COSTS HERE] LOCATION; IRVINE IND PARK PLAMTEM NUMBER : 000295565 PROPERTY OF: BNSF RAILWAY COMPANY OPERATED BY: BNSF RAILWAY COMPANY JOINT FACILITY: SANTA ANA % BILLABLE (+/-) : 100D MAIL DATE: LOCATION CODE: 482170 TRACK TYPE : 9 STIMULUS STATUS : BUY AMERICAN PURPOSE, RI TIFICATION AND DESCRIPTION CAPS PLAN ITEM DOCUMENT (FOR INTERNAL BNSF RAILWAY USE ONLY) LINE SEGMENT; 7655 MILEPOST: 176.3 DIVISION: CA SUBDIVISION : IRVINE IND PARK ENGR. DMSION: SOU CALIFORNIA TAX STATE: CA, CO: ORANGE SPONSOR: VP ENGINEERING DEPT CODE: MOWGH DERAILMENT CODE : AFE NUMBER RFA NUMBER CPAR NUMBER: BUDGET YEAR: 2019 BUDGET CLASS: 10 REPORTING OFFICE: 463 PROJECT TYPE : SPE DOT NUMBER: 026711U STIMULUS FUND TYPE: PHWA DYER ROAD - SANTA ANA, CA; REPLACE CONSTANT WARNING / FLASHERS / GATES; CALIFORNIA DIV; SAN DIEGO SU➢DIV; LS 7655; ME 176.3; DOT# 026711 U; SEQ# 69618 MONTHLY POWER UTILITY COST CENTER: 61692. 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. xnm++++++«xna::o+.+r+r+ SIGNAL WORK ONLY*:w+ ++.+:xxm.a+wn+xs..+ THE CITY OF SANTA ANA IS FUNDING 100%OF THIS PROJECT. MAINTAIN PROPRIETARY CONFIDENTIALITY. PRIMARY FUNDING SOURCE IS FH WA .+ BUY AMMUCASO) APPLIES - LABOR COSTS 0 0 0 0 92,056 92,056 MATERIAL COSTS 0 0 0 0 169,526 169,526 OTHER COSTS 1 0 0 0 SYSTEM MAINTENANCE AND PLANNING ESTIMATE REF. NUMBER: 000295565 - 6--25 COSTING DATE: 03/20/2019 PRINTED ON : 03/28M19 ESTIMATED BY: WALKER PRINTED BY: WALKER Page 1 of 5 ACCT CST RSN PPE DESCRIPTION QTY/ST OF U/M CASH NONCASH OPER REMOVAL 8 400 SIGNALSHOPLABOR-CAP 0.01 0,0 MIT I ^' LABOR SUBTOTAL 1 0 0 0 *ADDITIVES DA OVERHEADS 1 * GANG SUBTOTAL SIGSHOP-IM - SIGNAL SHOP LABOR, I MAN 2 0 0 0 1120 319 400 9911 ELECTRICAL MATERIAL 1.00 LS N 1,500 :'MATERIAL SUBTOTAL 1,500 0 0 0 *ADDITIVES USBTAX 129 OFFLME TRANSPORTATION 18 *GANG SUBTOTAL ELECGANG-IM- ELECTRICAL GANG, I MAN 1,647 0 0 0 8 400 1037 SIGNAL FIELD - REPLACE 952.00 0.0 MH 24,949 4,402 *LABOR SUBTOTAL 24,949 0 4,402 0 1120 313 400 9911 ARRESTOR, MDSA-2 XS 1.00 EA N 697 1120 313 400 991l BATTERY, 20 VOL-255, 9 VGL-350 1.00 LS N 6,763 1120 313 400 9911 BELLS 4.00 EA N 823 1120 313 400 9911 BONDING MATERIAL 1.00 LS N 500 1120 313 400 9911 BUNGALOW 8X8 W/AC 1.00 LS N 10,142 1120 313 400 9911 BUNGALOW MATEMAL 1,00 LS N 7,564 1120 313 400 9911 CABLE, 2C/6 TW 500,00 FT N 610 1120 313 400 9911 CABLE, 3CR 250.00 FT 1,458 1120 313 400 9911 CABLE, 5010 500.00 FT N 940 1120 313 400 9911 CABLE, 5C/6 1000.00 FT N 4,130 1120 313 400 9911 CABLE, 7C/14 1000.00 FT N 1,740 1120 313 400 9911 CANTILEVER 2.00 EA N 31,650 1120 313 400 9911 CHARGERS, 12/80 (20/40/60) 3.00 EA N 3,110 1120 313 400 9911 CONDUIT, STEEL 4" 200.00 FT N 3,064 1120 313 400 9911 CONSTANT WARNING, XP4, ITK 1.00 EA N 16,252 1120 313 400 9911 EVENTRECORDER 1.00 EA N 3,250 1120 313 400 9911 FIELD MATERIAL 1.00 LS N 7,372 1120 313 400 9911 FILL DIRT 20.00 CY N 500 1120 313 400 9911 FOUNDATION, CANT 2.00 EA N 6,636 1120 313 400 9911 FOUNDATION, STEEL 4.00 EA N 2,693 1120 313 400 9911 GATE KEEPER 4.00 EA N 6,668 1120 313 400 9911 GATE MECHANISM, 5-60 4,00 EA N 21,881 1120 313 400 9911 HAWK 48DIM 1.00 RA 1,930 1120 313 400 9911 LED LIGHT 28.00 EA 5,111 1120 313 400 9911 LIGHT OUT DEFECTOR 2.00 EA 1,926 1120 313 400 9911 RELAY 4.00 EA N 3,000 1120 313 400 9911 SHUNT,NBS 2.00 EA N 2,012 1120 313 400 9911 SURFACE ROCK 10.00 CY N 500 * MATERIAL SUBTOTAL 152,822 0 0 0 1120 367 400 9911 CONTRACT ENGINEERING 1.00 LS N 8,000 1120 399 400 9911 BUNGALOW, WIRE AND'FEST 1.00 LS N 4,418 1120 399 400 9911 DIRECTIONAL BORING 300,00 FT N 15,000 * OTHER SUBTOTAL 27,418 0 0 0 *ADDITIVE'S PAYROLL ASSOCIATED COSTS 16,309 DA OVERHEADS 27,076 2,877 4,7 HQUIPMeNT EXPENSES 5,548 979 INSURANCE EXPENSES 4366 770 USE TAX 13,146 OPFLINE TRANSPORTATION 1,911 *GANG SUBTOTAL SIGFIELD-SM- SIGNAL FIELD LABOR, S MAN 273,545 0 13,806 0 1120 410 400 9911 AC POWER SERVICE 1.00 EA 5,000 "OTHER SUBTOTAL 5,000 p p 0 "GANG SUBTOTAL NONE -NO GANG NEEDED 5,000 0 0 0 PROJECTSUBTOTAL CONTINGENCIES 280,194 0 13,806 0 BILL PREPARATION FEE 0 0 0ON 2,802 0 138 0 PROJECT GROSS COST LESS COST PAIDBY OTHERS 282,996 0 13,944 0 282,996 0 13,944 0 Page 2 of 5 ACCI CST RSN PPE DESCRIPTION QTYIST OT U/M CASH NONCASH OPER REMOVAL PROJECT NET COST Page 3 of 5 MAINTAIN PROPRIETARY CONFIDENTIALITY ENSF RAILWAY COMPANY PERM ESTIMATE FOR SANTA ANA LOCATION IRVINEINDPARK DETAILS OF ESTIMATE PLANITEM: 000295565 VERSION: 6 PURPOSE, JUSTIFICATION AND DESCRIPTION DYER ROAD - SANTA ANA, CA; REPLACE CONSTANT WARNING / FLASHERS / GATES; CALIFORNIA DIV; SAN DIEGO SUBDIV; LS 7655; MP 176.3; DOT# 026711 U; SEQ# 69618 MONTHLY POWER UTILITY COST CENTER: 61692. 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. *wmr*+*a:«r*n..*.t*... *e41i wr**««SIGNAL WORK ONLY *r:n*xxxww*:':«-*m***�:xww«**a:sww*e THE CITY OF SANTA ANA IS FUNDING 100° o OF THIS PROJECT, MAINTAIN PROPRIETARY CONFIDENTIALITY. PRIMARY FUNDING SOURCE IS FHWA BUY AMERICA(N) APPLIES ** DESCRIPTION QUANTITY U/M COST TOTAL$ xxrrwx*a:xe LABOR SIGNAL FIELD - REPLACE 952.0 MIT 29,351 SIGNAL SHOP LABOR -CAP 0.07 MI3 1 PAYROLL ASSOCIATED COSTS 19,186 DA OVERHEADS 855 36,527 EQUIPMENT EXPENSES ,36 INSURANCE EXPENSES 5,136 TOTAL LABOR COST 92,056 ww*�:*a:xxm«rmx 92,056 MATERIAL «ww**x«r«mwx* ARRESTOR, MDSA-2 XS 1.0 EA N 697 BATTERY, 20 VGL-255, 9 VGL-350 1.0 LS N 6,763 BELLS 0 EA N823 BONDING MATERIAL 1.0 LS N 500 500 ➢UNGALOW 8X8 W/AC 1.0 LS N 10,142 BUNGALOW MATERIAL 1.0 LS N 7,564 CABLE, 2CO TW 500.0 FT N 610 CABLE, 3CO 250.0 FT N 1,458 CABLE, 5C/10 500.0 FT N 940 CABLE, SG6 1000.0 FT N 4, 13 CABLE, 7G14 100.0 FT N 1,0 CANITLEVEA 22.0 EA N 31,65740 650 CHARGERS, 12/80 (20/40/60) 3.0 EA N 3,110 CONDUIT, STEEL 4" 200.0 FT N 3,064 CONSTANT WARNING, XP4, 111( 1.0 EA N 16,252 ELECTRICAL MATERIAL 1.0 IS N 1,500 EVENTRECORDER 1,0 EA N 250 FIELD MATERIAL 1.0 1.0 IS N 7,372 PILL DIRT 20.0 Cy N 500 FOUNDATION, CANT 2.0 EA N 6,636 FOUNDATION, STEEL 4.0 EA N 2,69393 GATEKEEPER 4.0 EA N 6,668 GATE MECHANISM, 5-60 4.0 EA N 21,581 RAWK48DIM 1.0 EA N 1,930 LED LIGPIT 28.0 EA N LIGHT OUT DETECTOR 2.0 EA N ,111 1,826 826 RELAY 4.0 EA N 3,000 MEANT, MIS 20 EA N 2,012 SURFACE ROCK 10.0 CY N 500 500 Page 4 of 5 USE TAX OFPLINE TRANSPORTATION 275 13,275 1,929 TOTAL MATERIAL COST xx 169,526 169,526 OTHER 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 nnn TOTAL OTHER ITEMS COST 32,418 32,418 PROJECT SUBTOTAL CONTINGENCIES 294,000 BILL PREPARATION FEE 0 2,940 GROSS PROJECT COST LESS COST PAID By BNSF 296,940 0 TOTAL BILLABLE COST 296,940 Page 5 of 5