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HomeMy WebLinkAbout479658 BNSF RAILWAY COMPANY - CONTRACT - PURCHASE ORDER - 9106328zIIEZW7"A RAIL WAY March 17, 2010 Steve McQuilkin Mason Corridor Project Manage 281 North College Avenue PO BOX 580 Fort Collins, CO 80522-0580 Andy Amparan NSF Railway Company Manager, Public Projects 515 Kansas Avenue Colorado, Nebraska & Wyoming ansas City, KS 60106-1199 113-5514964 Fax 913-551-4794 Emai and .arn a n bnsf.com RE: Signal improvements at Laurel .244633P, BNSF MP 73.54, Mulberry 244635D, MP 73.78, Olive 244637S, MP 73.97,74.30, Oak 244638Y, MP 74.06, Maple 244641G, MP 74.42, Mountain 244639F, MP 74.16 & Laporte 244640A, BNSF MP 74.30 Dear Sir: Attached is a fully executed copy of the Construction and Maintenance agreement for the Mason Street crossing signals. We appreciate the cooperation and assistance provided in developing this project. Sincerely, Andy Amparan Manager — Public Projects Attachment FLA/�,��S N BNSF LAW DEPARTMENT APPROVED March 5, 2010 Nine (9) At -Grade Crossings Between Mile Posts 73.54 and 74.42 Line Segment 0476 Front Range Subdivision GRADE CROSSING SIGNAL INSTALLATION AGREEMENT THIS GRADE CROSSING SIGNAL INSTALLATION AGREEMENT (hereinafter called, "Agreement'), is executed to be effective as of /h ftR 4 li' f S 20�, by and between the City of Fort Collins, a Home Rule Municipal Corporation (hereinafter called, "CITY"), and BNSF RAILWAY COMPANY, a Delaware Corporation (hereinafter called, "RAILROAD"); WITNESSETH: WHEREAS, in the interest of improving traffic circulation in the downtown area, to eliminate one-way weaving of vehicular traffic over the BNSF tracks in the middle of Mason Street, and to increase safety by allowing controlled vehicle crossing of the tracks only at cross streets, the CITY is undertaking a project to modify and return the traffic direction on Mason Street from one-way to two-way on each side of the BNSF Railway tracks which reside in the middle of Mason Street; WHEREAS, the project includes nine (9) cross streets within the downtown area of Mason Street (hereinafter called, "CROSSINGS") located at the streets of Laurel (National Crossing ID No. 244633P, BNSF M.P. 73.54), Myrtle (National Crossing ID No. 244634W, BNSF M.P. 73.68), Mulberry, (National Crossing ID No. 244635D, BNSF M.P. 73.78), Magnolia (National Crossing ID No. 244636K, BNSF M.P. 73.87), Olive (National Crossing ID No. 244637S, BNSF M.P. 73.97), Oak (National Crossing ID No. 244638Y, BNSF M.P. 74.06), and Maple (National Crossing ID No. 244641G, BNSF M.P. 74.42) and the Avenues of Mountain (National Crossing ID No. 244639F, BNSF M.P. 74.16) and Laporte (National Crossing ID No. 244640A, BNSF M.P. 74.30)U.S. DOT crossing 05719OR as indicated on Exhibit A attached hereto and incorporated herein; WHEREAS, the CITY is paying for the acquisition and installation of Crossing Signal Equipment with CITY funds; WHEREAS, the RAILROAD agrees to purchase and install, at CITY'S sole expense, the Crossing Signal Equipment described in the scope of work herein, and upon the terms and conditions set forth below; WHEREAS, the CITY shall perform certain work in the vicinity of the Crossing Signal Equipment as described herein; WHEREAS, the CITY made application to the Public Utilities Commission ("PUC"), Docket No. 09A- 351R, to modify and return the traffic direction along Mason Street from one-way to two-way on each side of tracks (as existed prior to 1986) owned by BNSF Railway Company, hereinafter referred to as `BNSF", which reside in the muddle of Mason Street and parallel to the traffic direction and crossing the streets of Laurel, Myrtle, Mulberry, Magnolia, Olive, Oak, and Maple and the Avenues of Mountain and Laporte in the City of Fort Collins, Larimer County, Colorado; WHEREAS, the RAILROAD filed a Notice of Intervention on July 2, 2009; WHEREAS, the PUC deemed the CITY's application complete on July 16, 2009, Decision No. C09-0769, and referred the CITY's application to an Administrative Law Judge (ALJ) for hearing; March 5, 2010 WHEREAS, the PUC Hearing was held on November 5, 2009 which included testimony by the CITY's representatives and the RAILROAD's representatives providing parallel testimony in support of the installations as described herein; WHEREAS, the Administrative Law Judge by Recommended Decision No. R09-1358 dated December 7, 2009 made a recommendation to the PUC to approve the CITY's Application as amended during the hearing; WHEREAS, the CITY and RAILROAD filed an Errata Notice dated December 23, 2009 seeking to correct what the CITY and RAILROAD perceived as certain errors in the Findings and Conclusions; WHEREAS, the PUC entered Decision No. C10-0044 permitting the CITY and RAILROAD to file additional documentation; WHEREAS, the CITY and RAILROAD filed a Joint Filing of Graphic and Additional Information on January 27, 2010; WHEREAS, the PUC granted exceptions in part and denied in part by Decision No. C 10-0110 dated February 3, 2010; WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and otherwise made available. The contract encumbrance amount is estimated to be $1,334,515 for railroad work items; and 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 in this agreement includes any and all work related to the installation of Crossing Signal Equipment and activation equipment at the CROSSINGS, more particularly described on Exhibit A 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, alterations to or new construction of drainage facilities, preliminary and construction engineeringand contract preparation. To the extent not inconsistent with the ALJ's Recommended Decision and the PUC Decisions identified above, the parties agree that the following installation of signage, signals and pavement markings shall be completed as follows: Laurel Street at Mason Street — This intersection will have a new signal installed. There will be a signal pole on each corner. Northbound and southbound signals will include "No Left Turn" blankout signs and "Train" blankout signs. "Do Not Stop on Tracks" signs will be included on the traffic signal mast arms for each direction. The Railroad will install two (2) new mast -mounted flashing light signals; one (1) on the northwest corner and one (1) on the southeast corner. Each shall have four (4) sets of light units, one facing each approach. The Railroad will add two (2) flashing light units to the existing supporting post of the cantilever on the northeast corner with one (1) facing north and one (1) facing west. The Railroad will add two (2) flashing light units to the existing supporting post of the cantilever on the southwest comer with one (1) facing south and one (1) facing east. Supporting utility work and bungalow case replacement will occur to provide power and operation to the system. This intersection does not have dedicated northbound and southbound left turn lanes. Therefore, 2-stage preemption (split phasing) will be utilized to clear the northbound and southbound directions upon notification of a train. Myrtle Street at Mason Street — This intersection is currently a passive crossing and will remain passive as a result of this project. "No Left Turn" signs will be installed on each approach on the near right and far left corners, for a total of eight (8) signs. New crossbucks will be installed to be compliant with the current version of MUTCD on the east and west approaches. Railroad warning sign installations will be on separate posts from City sign installations, per Railroad requirements. 2 Form 0104 Rev. 10/04/05 March 5, 2010 Mulberry Street at Mason Street - This intersection has an existing traffic signal. "No Left Turn" blankout signs and "Train" blankout signs will be added to the signals in the northbound and southbound direction. "Do Not Stop on Tracks" signs will be added to the traffic signal mast arms for each direction. Northbound and southbound left turn signal heads (red arrow -yellow arrow -flashing yellow arrow) will be added to the traffic signal mast arms. The Railroad will install two (2) new mast -mounted flashing light signals; one (1) on the northwest comer and one (1) on the southeast corner. Each shall have four (4) sets of light units, one facing each approach. The railroad will add one (1) set of flashing light units to the existing mast -mounted flasher on the northeast corner facing north and one (1) set of flashing light units to the existing mast -mounted flasher on the southwest comer facing north. Supporting utility work and bungalow case modification or replacement will occur to support the additional mast -mounted flashing light signals. Magnolia Street at Mason Street - This intersection is currently a passive crossing and will remain passive as a result of this project. "No Left Turn" signs will be installed on each approach on the near right and far left corners, for a total of eight (8) signs. New crossbucks will be installed to be compliant with the current version of MUTCD on the east and west approaches. Railroad warning sign installations will be on separate posts from City sign installations, per Railroad requirements. Olive Street at Mason Street - This intersection has an existing traffic signal. "No Left Turn" blankout signs and "Train" blankout signs will be added to the signals in the northbound and southbound direction. "Do Not Stop on Tracks" signs will be added to the traffic signal mast arms for each direction. Northbound and southbound left turn signal heads (red arrow -yellow arrow -flashing yellow arrow) will be added to the traffic signal mast arms. The Railroad will install two (2) new mast -mounted flashing light signals; one (1) on the northwest comer and one (1) on the southeast corner. Each shall have four (4) sets of light units, one facing each approach. The railroad will add one (1) set of flashing light units to the existing mast -mounted flasher on the northeast comer facing north and one (1) set of flashing light units to the existing mast -mounted flasher on the southwest corner facing north. Supporting utility work and bungalow case modification or replacement will occur to support the additional mast -mounted flashing light signals. Oak Street at Mason Street - This intersection has an existing traffic signal. "No Left Turn" signs will be installed on the northbound and southbound approaches on the near right and on the signal mast arms, for a total of four (4) signs. "Do Not Stop on Tracks" signs will be added to the traffic signal mast anus for each direction. The Railroad will install three (3) new mast -mounted flashing light signals: one (1) on the northwest comer and two (2) on the southeast comer. The southeast comer will have one signal installed closer to Oak Street and one signal installed closer to Mason Street for visibility. The northwest signal shall have four (4) flashing light units, one facing each direction. The southeast signal closer to Oak Street shall have two (2) flashing light units, one (1) facing east and one (1) facing west. The southeast signal closer to Mason Street shall have two (2) flashing light units, one (1) facing north and one (1) facing south. The Railroad will add one (1) set of flashing light units to the existing mast -mounted flasher on the northeast comer facing north and one (1) set of flashing light units to the existing mast -mounted flasher on the southwest corner facing north. Supporting utility work and bungalow case modification or replacement will occur to support the additional mast -mounted flashing light signals. Mountain Avenue at Mason Street - This intersection has an existing traffic signal. "No Left Turn" blackout signs and "Train" blankout signs will be added to the signals in the northbound and southbound direction. "Do Not Stop on Tracks" signs will be added to. the traffic signal mast arms for each direction. Northbound and southbound left turn signal heads (red arrow -yellow. arrow -flashing yellow arrow) will be added to the traffic signal mast arms. The Railroad will install two (2) new mast -mounted flashing light signals; one (1) on the northwest corner and one (1) on the southeast comer. Each shall have four (4) sets of light units, one facing each approach. The railroad -will add one (1) set of flashing light- units to the existing mast-mounted- flasheron the northeast corner facing north and one (1) set of flashing light units to the existing mast -mounted flasher on the southwest comer facing north. The existing mast -mounted flasher on the southwest comer will be relocated for visibility. Supporting utility work and bungalow case modification or replacement will occur to support the additional mast -mounted flashing light signals. Laporte Avenue at Mason Street This intersection has an existing traffic signal. "No Left Turn" blankout signs and "Train" blankout signs will be added to the signals in the northbound and southbound direction. "Do Form 0104 Rev. 10/04/05 March 5, 2010 Not Stop on Tracks" signs will be added to the traffic signal mast arms for each direction. The Railroad will install two (2) new mast -mounted flashing light signals; one (1) on the northwest corner and one (1) on the southeast comer. Each shall have four (4) sets of light units, one facing each approach. The railroad will add one (1) set of flashing light units to the existing mast -mounted flasher on the northeast corner facing north and one (1) set of flashing light units to the existing mast -mounted flasher on the southwest corner facing north. This intersection does not have dedicated northbound and southbound left turn lanes. Therefore, 2-stage preemption (split phasing) will be utilized to clear the northbound and southbound directions upon notification of a train. Maple Street at Mason Street — This intersection currently has active railroad warning devices, but does not have a traffic signal. No traffic signal is being installed. "No Left Tun" signs will be installed on the northbound and southbound approaches on the near right and far left corners, for a total of four (4) signs. The Railroad. will install one (1) new mast -mounted flashing light signal on the southeast comer with four (4) flashing light units; one (1) in each direction. The railroad will add one (1) set of flashing light units to the existing mast -mounted flasher on the northeast comer facing north and one (1) set of flashing light units to the existing mast -mounted flasher on the southwest comer facing north. The existing mast -mounted flasher on the southwest comer will be relocated for visibility. The Railroad will relocate the existing mast -mounted flashing light signal that is currently 75 feet north of Maple on the west side of Mason, to the northwest corner of Maple and Mason, and add one (1) flashing light unit facing north. Two (2) westbound "No Right Turn" blankout signs with supplemental `"Train" blankout signs will be installed; one (1) set on the northeast comer facing east; and one (1) set on the northwest comer facing east. This is to warn right -turning motorists of the track crossing of Mason Street north of Maple Street (the track curves to the east). Mason Street — Mason Street will be painted with double yellow striping along the dynamic envelope of the tracks. Striping will be discontinued through each intersection. ARTICLE II — RAILROAD OBLIGATIONS In consideration of the covenants of CITY set forth herein and the faithful performance thereof, RAILROAD agrees as follows: 1. The RAILROAD will purchase and, using its own labor forces under applicable labor agreements, install the Crossing Signal Equipment at the CROSSINGS ("Railroad Work"). The Railroad Work will be performed at CITY's expense and in accordance with the most current version of the Manual on Uniform Traffic Control Devices adopted by the State as of the date of this Agreement (hereinafter called, "MUTCD") and the Larimer County Urban Area Street Standards (LCUASS), updated April 1, 2007 or latest version, incorporated by reference. 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 Railroad Work for the Project is 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 reasonable 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, and RAILROAD will notify CITY of the revised cost estimate prior to sending the invoice for such work as described in Article III, Section 5 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 C1TY, which approval will not be unreasonably withheld. 3. The RAILROAD will furnish all labor, materials, tools and equipment required for the construction of the Project asrequired to complete -all of the Railroad work referenced -in the cost-estimate!A Exhibit B. - - - - - - - 4. The RAILROAD will, at CITY'S expense, remove from the site and dispose of all scrap from the RAILROAD'S work hereunder in a manner and location approved by the CITY. 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. 4 Form 0104 Rev. 10/04/05 March 5, 2010 ARTICLE III — CITY OBLIGATIONS In consideration of the covenants of RAILROAD set forth herein and the faithful performance thereof, CITY agrees as follows: 1. CITY must perform, at CITY's expense, all work not necessary to complete the Project in accordance with the PUC Decisions identified herein, excluding the installation of the Crossing Signal Equipment to be installed by RAILROAD pursuant to Article II, including but not limited to the following work: a) Installation of "No Left Turn" signs in each direction at the intersections of Mason St. with Myrtle St. and Magnolia St., b) Installation of "No Right Turn" blank -out signs with supplemental "Train" blank -out signs on the northeast and northwest corners of Maple St and Mason St. facing east, c) Installation of "Do Not Stop on Tracks" signs at each crossing where signs do not exist currently, in accordance with the MUTCD, d) Installation of "No Left Turn" blank -out signs with supplemental "Train" blank -out signs and Flashing Yellow Arrow Left Turn signal heads facing north and south on existing signals along Mason Street where left turn lanes are provided, e) Installation of "No Left Turn" blank -out signs and "Train" blank -out signs facing north and south on the existing signals at Laporte, and on the proposed north facing and south facing signals at Laurel Street; and f) Connection and coordination between the traffic signals and the Crossing Signal Equipment per the agreements made via testimony at the PUC Hearing. 2. The RAILROAD and CITY will jointly determine the best location for each crossing warning device (Crossing Signal Equipment) to be placed pursuant to the PUC Decisions and RAILROAD will obtain and consider CITY's input regarding underground utilities as may be affected by connection of Crossing Signal Equipment to existing bungalows when determining placement, prior to installation. 3. Actual costs for engineering, materials and labor (including third party charges for the installation of electrical service and boring) associated with the installation of the Crossing Signal Equipment must be paid by the CITY within thirty (30) days of receipt of each invoice (not to be submitted more than once per month) from RAILROAD. 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 CITY and the RAILROAD will mutually agree, in writing, as to the selection of a consultant, the applicable scope of work to be performed by such consultant, and the cost of such work. All work performed hereunder by any consultant and any resulting costs must be paid by CITY as a part of the costs for the Project. 5. The total encumbrance for project number is $1,334,515 for Railroad Work Items. The City's maximum financial obligation for all Eligible Charges and other work costs under this Contract is currently limited to the total -encumbrance amount. -If during the performance of the project-thrRailroad determines and - - - - notifies the City that the Eligible Charges of the project will exceed that total encumbrance amount, the City will make all reasonable efforts to timely amend this Contract to increase the total encumbrance amount to cover the added costs, and until the City does so the Railroad may stop performance of project work and/or Railroad Work which, if performed, would exceed that current total encumbrance amount. The City may also allocate more funds available on this Contract using a Funding Letter bearing the approval of the City Manager or his designee. The Funding Letter shall not be deemed valid until it has been approved by the City Manager or his designee. $ Form 0104 Rev. 10/04/05 March 5, 2010 6. The CITY must have advanced railroad crossing warning signs and standard pavement markings in place at the crossings shown on Exhibit A (if the same are required by the MUTCD) prior to the acceptance of this Project by the CITY. The CITY assumes full responsibility for the installation and maintenance of advanced warning signs and pavement markings and, to the extent allowed by law, 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 CITY's failure to maintain the advanced warning signs and markings or other requirements of the MUTCD. 7. The CITY must give RAILROAD's Manager of Public Projects written notice to proceed with the RAILROAD portion of the work upon CITY's determination that the Project should commence. BNSF will not begin the Railroad Work (including, without limitation, procurement of supplies, equipment or materials) until written notice to proceed is received from the CITY. Issuance of the Notice to Proceed is the CITY's assurance to the RAILROAD that funds in the amount shown in Exhibit B have been appropriated and are available for the Project. 8. The CITY shall include the provisions prepared by the RAILROAD (the "Railroad Provisions") and attached hereto as Exhibit C and Exhibit C-1 in the bid documents provided to each contractor from which the CITY, or a representative acting on behalf of the CITY (the "CITY's Representative"), solicits a bid for construction of the CITY's portion of the Project for inclusion in the draft of the proposed construction contract between the CITY or CITY's Representative and the contractor. During negotiations with the contractor, the CITY will promptly notify the RAILROAD of any modifications requested by the contractor to the Railroad Provisions to the attention of the RAILROAD to facilitate an agreement between the CITY, RAILROAD and the contractor regarding such modification. The RAILROAD shall in it sole discretion approve or disapprove any request for modification of the Railroad Provisions. 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 CITY (including the legislative auditor and fiscal analyst for the CITY) for a period of one (1) year from the date of the final 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. The CITY shall, at its sole cost and expense, maintain the traffic signals, traffic signal preemption timing, advance warning signs and pavement striping. 4. Notwithstanding the preceding provision, if any regulations, ordinances, acts, rules or other laws subsequently passed or amended by the CITY or any other appropriate governmental or legislative authority increase the CITY'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 CITY's increased portion of maintenance costs will be incorporated into and made a part of this Agreement. 5. 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. 6. If any of the Crossing Signal Equipment is partially or wholly destroyed, then such repair and/or rep acemenf costs must be distributed among the'parties as follows: - - - - - - - - - - =-- - - - - a) In the event the RAILROAD's sole negligence or intentional act destroys or damages the Crossing Signal Equipment, RAILROAD must repair or replace such Crossing Signal Equipment at its expense. b) In the event the Crossing Signal Equipment is damaged or destroyed by any other cause, CITY must, at its sole cost and expense, pay to RAILROAD the cost to replace or repair such 6 Form 0104 Rev. 10/04/05 March 5, 2010 Crossing Signal Equipment, and the RAILROAD must assign to the CITY all of its claims and rights it may have to pursue claims against any parties responsible for the damage or destruction. 7. 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 at the time of such replacement is warranted. 8. This Agreement will inure to the benefit of and be binding on the parties hereto, their successors, and assigns. 9. 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. to. 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 parry's signature is valid and binding to the same extent as an original signature. Form 0104 Rev. 10/04/05 March 5, 2010 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. BNSF RAIL AY COI P2�I�1' By: Printed Name: Title: VP - FORT COLLINS, STATE OF CO ORADO, a Colorado Municipal Co ration By: Darin Atteberry, City Managgr RECOMMENDED AND APPROVED: i A% By: Helen Migchelbrink, City Engineer By: City Clerk APPROVED A T FO By: Deputy City Attorney 8 Form 0104 Rev. 10/04/05