HomeMy WebLinkAboutBNSF Railroad Company - Grade Crossing Signal Installation Mariposa St US DOT Crossing 028550HMi sPan 998.2
Line Segment 72W
US, DOT Number 028550R
Smtmon Subdivision
GRADE CROSSING SIGNAL INSTALLATION AGREEMENT
THIS GRADE CROSSING SIGNAL INSTALLATION AGREEMENT (hereinafter called, "Agaeemcm'9.
Is exxmMbM Restive as of Ztl ,2009, by and between the City of Fmm, nCalifamia municipal
corpamrion (bereinnMr caIIM, "AGENCY "L orad BNSF RAILWAY COMPANY, a Delaware CaryoadMIL
(hareinaftefcallcd,"RAILROAD"):
WITNESSETH:
WHEREAS, In IM Trucks of whim vehicWer "yet and public =rely. the AGENCY is untlnbkmg a
Pr jm to Install aibwd crossing kninks and activation Nalpmenl know m Commit Warning Time CWT)
Taconic and Freshen;
WHEREAS, [be project Mariposa SRH (Pedesvuo) is Ircand at U.S. DOT consul 028550H as
indicated on exhibit "A", attached M1ema end incarywand human,
WHEREAS. the paries agree fund Nis project will include msta infon of makes warning signs, pannumit
working stop bars or amusing signal Wulpm re (M1earmhm collo amely called, "Cressing Signal Equipmmf);
WHEREAS. the AGENCY is paying for The acqunition and accidental of arming owrel equrymem at
Morgan Sook Perdefrourif
WHEREAS The RAILROAD agrees To purchase and mark]. at AGENCY'S role expense the crossing
sigml empirical de=nick in the scope ofwork herein, and upon Ne wake and conditions est foM below.
NOW, TFEREFOIE, N consideration of W mumel eevena e, end ageeeoenu of Ne penin contained
Mrcin, the receipt and sufficiency or which rare hereby acknowlWged, Ne penin win as follows'.
I. The term "PmJew7 as used in this egrtemew includes any and all wok: related to the inshllanon of
creating signals and mention equipment at D.S. DOT crossing PHOTON, mon particularly desstlbed an Exhibit,
A and B %wcbed Is and incoryorered herein. Including, but not limited to, any nM all changes to mlephone,
Telegraph signal and electrical lines and apitunenangs; installation of advance warning signs end pavement
making step haft installation wifely new causing surface, Runway and pnrimmnt sack work, fencing, gradNg,
alters r new constrictor ol'dtainaga fsces
ilifi, prtlimsnay and construction engineering and contpromm m.
In considenown of Ne Governors of AGENCY wt forty herein and The fahhful Nrfmmaon Nenof,
RAILROAD agrees as follows:
1. The RAILROAD will, ming its own labor fortes underapplicable laborngnemen4 install Ne Crossing
Signal Equipment at Munpmo Man (Pedemian). The work will Ee Performed at AGENCY's eapenu and in
wcoNance with Ne Normal on Carlow Traffic Control Unions (hereinafter called' MIITCP') mad the plans aid
specifications Warned by AGENCY and the Eedeml Real Adminiarmion. The plans and specifications an,
attached in this Abalone as Exhibit 'B me worporl herein.
3. A detailed astimau of RAILROAD'S. conshuctian demanding. installation labor( including The casts, if
any, of electrical service from a public utility) and madmul cops rumored for the Peal are armed Nemo ai
ExEEx� and 'incorporated herein In the weer a ddrutdom far the Project her not commenced wayno see (6)
montlo following the effective date of Nis Agement, R kMROAO may, in its sole and 461110, dimrcNon, mid
tial mat estimates set forth in mid Exhibit x7 . In inch event. the revised cost estimates will become a pan of0is
Agreement as though originally dt forth herein. Any Item of woM1 incidental to Ne items listed on Explyi_a not
sp4ifscally mentioned therein may be included as a pan of Ibis Agreement upon written approval of AGENCY,
which apprwal will ret M ornamentally withheld.
3. RAILROAD will famish all Abor. mmewls, tools and equipment for Ne milraad porion of Ne AMR
mora l for the construction of Me pmtier
4, phe RAILROAD will, m AGENCY'S expense, crossed of all scrap form Ne RAILROAD'S woh
hereunder.
5. The RAILROAD will finalist and complete idling of all incurad wsq which :ball be markN "Final
Invoice under this Ageemrnt no Rise Nen one (1) per culverts; translation ofthe Crossing Si aml Equipment or
common of work
ARTICLE 111—AGENCY OBLIGATIONS
In cammumm, 1ffc menterma ofRA1LROAD any foMbehin and Ne finfla W perfomance thereof,
AGENCY motor an follows:
I. AGENCY muetprform, at AGENCY'S expmu. the 611omal; work:
a) Installation of apavemant adding slop bin in accordance with the MOTCD.
b) Insmilatlonr(advnnce x'mningsim; in azrNnnce with the MUTCO.
The AGENCY will Wain ve Nc Intention of Ne signals and signal aungabw prior to retaliation by
RAILROAD.
3. Actual cosre for rngmxnng materials am Iffior (including Nhd ramy therapy for Ne ivsmllatlov of
elcia"I ssrvi01 somIiamd with the insulation office: CmssNg Signal Equipment mint be paid by the AGENCY.
4, In Me event the services of a coom m ut we aeNed again overcome of this Agreement due to airy exigency
of Ne RAILROAD and the Pmjeq the AGENCY may talent a rditm m m adventurer win AGENCY's
pmcurnnent pmmm All OR performed hereunder by My wnSulmm and any resulting casts most he paid by
AGENCY as a pan ofthe casts for the Pfject.
5- During Meiosmllelion of Ne Crossing Sigral EgvipminLof, RAILROAD will scud AGENCY progressive
mvoidees aleiling Ne cops of the words performed by RAILROAD umil now Age=,,[ AGENCYrunreimburse
RAILROAD fm completed force-accoum word within Thiry (30) days of the date of On invoice for such woe.
Upon completion of the region, RAILROAD will sere AGENCY a decline invoice of Mal costs, dgrtppted as to
labor and materials fon each item it the recapihlvnon shown oni@ mom. pursuant m N6 socums AGENCY
must pay the Md invoice within ninety (90) days option date ofthe final invoice. RAILROAD will assess a finmee
charge of 033%par clay (I2%per annum) on my anpv0 soma or other charges due under Nls Agrtm<m which are
past its credit term The fimmoecharge co me daily carol rhe dem battered is cartoon by
RAILROAD, not the date payment is made or the timepmtrument on the payment Cosmic Marian will so
:,11th on delinquent sums and shortchanges as oftle end ofthe month antl will be reduced by amounts in dispute
and my inquired payments received by Me month a and, Camara changes will be noted on invoices cent to
AGENCY under Ibis section. For vurmma rI roMeddi ¢ the time Imle orescrihed by Sx['on 9113 of the
California Government Code for promotional a eY"m Waitedthe Agency the muse of aeicia for failure
cadmiumto BNSF for the costs of Nor Roadmad work performed by jj aircraft to flux Movement shall b
deemed to hese accrued ninety (90)days of the dale of Me Mind bovitio,
d The AGENCY foal have advanced federal Gassing warning sips and standard governor masking In
place at the not shown on Epint_A" (Ties same Go retained by the MUTCD) Poor to the occurrence of Nis
ommabythe AGENCY. Tho AGENCY assumes full responsibility for maintenance ofel,mced womim signs
need promote markings and agrees W and hvml,s, and immunity the RAILROAD for any Maims, damaged or
Items, in %note or in per, caused by or due to the AGENCY'S )'allure to mainmin the advanced wamong sips vM
pool w 1romermim umag argue MIITCD.
2 The AGENCY most nice RAILROAD d Most Of Public Pmj¢u women woman to proceed with Ne
rumored Torben of the work a0er recon of nsesary faces for me refloat RAILROAD will not begin Ne railroad
were (including, without Harrower, er, pr¢urtment ofsupplicn, equipment or, materials) until Prawn notice to pmceN
is received from AGENCY_
g, Excluding confidential information, the AGENCY agrees to provide, to Ne ONSP Manager of Evidence
Pmemting, such control documentation and records as are agreed to between rM pries including: any Prajwr
applications: acv letters of approval author amboricalum forms fag, PIT1240or the equivalent)', any and all payment
Vander Strait togromeng PHWA reimbursement leg. PR 20 or the equivalent) or any mbar .such Project
authorizations or funding rewms as RAILROAD may requen from time to time. Such records will M Doweled by
the AGENCY to RAILROAD on a mutually greatly schedule ser within two (2) months after such depends are
pripmed or received by the AGENCY. SriGan 130 Documentation shall be Shaped to RAILROAD in one of the
following manner:
Manager Evidence Prow, coming
2b00 Lou Menk Drive AOD-3
Per Worth, Texas 76131
Or Electronically lo'.
Manager Evidence Premromxm
Sena, I30blb,sfon
ARTICLE IV- JOINT OBLIGATIONS
In consideration or the mutual advancer of use parties canuined herein and the premises. the Ranges
mutually weas follows:
L All As' retools of the RAILROAD reasoning to the Pe tea will be opt to inspection ave audit at any
asonabm time by fp¢senu(rvee or the AGENCY mending lie Iegislauve armor and fiscal anay'st for the
AGENCY) be a period ofone (1) year rrom the dare of Ne final RAILROAD invoice ander this Agreement.
2. 2, Upon completion of the installation of the Classing Signal Equipment the RAILROAD, will.. at he eo.Ie
cot and eepense, ope aw and maimem the Crossing Signal Equipment.
3. Notwithstanding the downturn provision, if any operations, oMinantts, acts rales or other laws
subsequently passed or amended by the AGENCY or any other appropriate governmental or legislative auNanry
increase the AGENCY S porion of maintenance roods under Nis Agreement, RAILROAD will receive the mi
Of my Such inhalators. ordinances. acts. roles or other laws and the AGENCY'S increasetl porion or mairo mme
casts will winmupom'ed into and made a part of Agmament
4, If a railway or a highway improvement script nnxsi m s ramnpri relocation, or alteration of the
Crossing Signal Equipment installed hor. under, Ne case for such entertainment, relocation he mitration will be the
tespateibility rfthe parry requeding such changes,
S. If any of the Crossing Signal Equipment is poorly or wholly destroyed then such repair andu r
replacement costs most m dhnihted among the Pamirs me follows
a) In the event the RAILROAD's able meliorate deswys or damages the Crossing Sigrsl
Equipment, RAILROAD must borrowed AGENCY lot the costs to remove or per it man
Crossing Signal Equipment
Im the event the Crossing Signal Equipment is dmmged or dernoyvd by any other room. AGENCY mnl at its "In
cost and expense, cathode or repab such Crossing Signal Equipment,
6 If Ne Crossing Signal Equipment unrolled momentum moi through age, be main Wined m, by crime, of
Its obsolescence, requires replacement go cost of mote laton or be, nursing signs] equipment will be negotiated
by the pales looms on Ne boss of Ne cement member Aid Railroad amour Propmn paniciiumm and applicable
AGENCY at thenad of such replacement s managed.
], This Agreement will more to theaccept of and as binding m the panim hercm, their mr cos oq came
toms
8. N Ne never any recommend cosuned in this Agreement or city lour pat or tem, wicon any particular
pegiona h is dekrmined by a cam ofcompetentjtWadittion to be invalid or wimberma en, the validity of the
remanding paagnphs or items mill net be affected; and Ne rights aid. hereas of me panics will be command
and enforced as if this Agreement did nm comtain" mi lammach of imm held to be invalid or
unenforceable.
9. Tiid Agreement may be signed In counumpare,any one of which will be tlmmed to be an original TM
ponies Roper spite that any foci ropy of a party's signamme is valid and binding to Ne sane at as m
original signaWre.
10. Any notice tcyuined or intended to m given to either fral under the terms ofthis Agreement shall be in
writing and shall he deemetl to ad duly given fdelivered personally, controlling] by facsimile followed by telephone
and mtam, of mceipt or sent by United Sates rRomead or certified mail, win manage prepaid ec
room reipt
cognation, addressed to Ne pony to which notice is to M given at Ne party's address sit fmh on the gaseous page
ofthis Agteem "Ch milmaddrms, as the pntia may tom to time designate by wmton notice Nation
eased by board Sets mail in Ne merger above donations] shall be deemed sufficiently aemd or given at the time
of Ne mailimg doctor
11. Assignment
(a) His Agreement s personal to RAILROAD and there shall be m assignment by
RAILROAD ofin ergot or obligations under lines Announced without the per wriften approval of the City Manager
or hither tactics, Any diamond alignment by RAILROAD, its sometimes or assigns. shall m null and surd
unless approved in writing by the City Member w hither dwip m.
(h) RAILROAD hereby agrees net to gamble the payment of any monies due RAILROAD,
except to a mandtary, trent anthings of RAILROAD, tram AGENCY urWef the harms of dive Agreement to any
other iodlvldual(s), earpuwiunfq or entry (rad. AGENCY Mains the right to pay any and all comes; tlue
RALLROAD directly to RAILROAD.
13. In providing the services requided tender tWs Agreement, RAILROAD shall at all times comply with all
applimble laws of the United States, Ne Soh of California and AGENCY, and wish all applicable regulations
broccoli be federal state. "mount or local admioisCalive sad highway agencies, now in fora and as they
may ber mamcE, noted, or amended during the term of Ws Agreement.
13. The waiver by either perry b f a branch by Ne other of any pr,,wirn of Nis Agreement sbarl nomono i lurea
Continuing w Iver or a waiver of any subsequent breech of either the same or a di@tem provision of this
Agreement, No provisions of this Agreement only be waived unless in writing and agned by all Examen to this
Aggressive Waiver ofany one pruvisinn harem shell not be deemed to be a waiver of any other provision M1emin,
14, This Agreement shal be governed hy, and mussed and reform no mandate, with, me laws brine Slem
of California. socialist. st. how'ever, any conflict of law's colo which would apply the law of number jurisdiction.
Venue for puryases ofbe filing bfmy action regarding be concernment or imerymatiou of Otis npeament and any
sigfns and duties hereunder shell be in be Stam of Condoms as authorized by the law's of California,
I5. The paries acknowledge mat this Agreement in tie lim more is be result of be remained efforts of the
penes and bad should arty provision ofbis Agreement be found to be ambiguous in was way, such ambiguity Nall
not be resolved by co maing this Agreement In from ofer thaturteiba Jerry, Net Other be consWing the term in
formulation with be'v generally denied meaning.
16. Each exhibit and avaclumem setertnced in bis Agreement is, by the reference, incorporated into and made
a pan of b6 Agamardal.
17, Nthe event of any conflict betaan be boder of this Agreement and my EGINu or Atlxhment hereto, Ne
terms and candhiom of the only of this Agreement sha11 content and mice precedence ovm the forms add mndinons
expressed witbin the Exhibit or AttacM1mem. FlOMevmore, any terms or condimers drained sorbin any Exhibitor
Adornment board which purport to modify the allocation of risk between the pound, provided for wibin the body
of bis Agreement, shall be null and said
is. No remedy or abandon hereunder shell be deemed exclusive but shall. wherever posstLle be cumulative
with all other number at law or in equity.
19no rights, interests, duties and obligations defined wibm this Agreement art intended for the specific
pedes hetero as identified in the preamble of this Agreement. Notwibaunding anything mored to Ne contrary in
this Atomism. it is not intended that any rights or interests in this Agreement befsflt or flow to lie interest of any
ball parties.
20 Can penny wine, huge, than they have read and folly undersWd Ne Omenn of this Arrowroot This
.AloVem nt represents be entire and integrated agreemenl between the porous, with respect to be subject manor
mos f Of supersedes WI prim departures. representations or ayeemems. either written or oM. ltds Agreement
may be modified only by wrimin amendment duty au0wrizM undexamed by such AGENCY and MILROAN.
IN WITNESS WHEREOF, the pMie$ hello have executed this Agreement at of the day end year fiat
eWvc written
BNSF RAILWAY COMPANY
By \�
Plin4d Name: -IONSJ 0.- Situ.¢(
TYIC MFnnLM P+61-11 P¢elegl
CFFY OF FRESNO / Y�
PnmMName: Seo//
Tide AZ9bA7`M t WWJU yir Ao^
ATTEST'
REBECCA E KLISCH
City Clerk/l(,,
BY.
Q��VV Y �Juj e
APPROVED AS N FORM:
JAMES SANCHEZ
City Anorney
By: &1(109 1\Y\LU/K4D�I��89
Deputy
Atldmsxs,
AGENCY:
RAILROAD:
Ciq ol'Fresno
BNSF Railway Company
Attention: (David A, Cisneros, Mangerl
Anerhon'. IoM R. Stoey
1600 Orsno Strep
740 E. Carnegie. Onto
Frena, CA 93921
Sao Benmdino, CA 92403
Phone (554)6212804
Me= (g )396-04)4
FAX, 559)489- 045
FAXX(gW 3864479
Exhibit "A"
[Insert drnuing of crossing here]
Exhibit •B"
[I nsen plans and spcci fications dewiI ing Railroad's work]
Exhibit "C"
INSERT ESTIAI ITF OF RAILROAD'S Cp5T5 HERE
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