HomeMy WebLinkAboutSan Joaquin Valley Railroad grade crossing improvementsGRADE CROSSING IMPROVEMENTS AGREEMENT
AGREEMENT entered into this 2 `rl+ day of November, 2008, by and between
THE SAN JOAQUM VALLEY RAILROAD, called herein "SIVA" and THE CffY OF
FRESNO, CALIFORNIA, called herein "City".
WHEREAS, the City desires to Improve the existing guide trussing at Clovis Avenue
by installing precast concrete crossing suffice with the corresponding track snacture to
support it; and
WHEREAS, SIVIt is agreeable to completing the at guide crossing improvement work
Warmed subject to the following terms and canditions of this Agreement;
NOW. THEREFORE, the parties agree as follows:
1. The mail estimated cost for this project is $165,250, as shown nn the estimate
attached, as Exhibit "A and incorporated by this reference. City s obligation
under this Agreement shall not exceed the estimated cost. without further approval
by the City. Prior to SJVR performing any work on this project. City will deposit
with SJVR the amount of $109,188 to cover the estimated costs of material as
shown on estimate attached hereto as Exhibit "A". Should the bids for manual,
labor, equipment, and other expemes exceed the estimate in aggregate; the SIVR
shall submit a written request to the City for an increase in the pmjmt cost. If
Permission cannot be obtained from the City, the S1VR shall return all Ponds
advanced Som the City and this Agreement shall be considered terminated
Former, to Section 6. Upon completion of the work SNR will bill for actual
labor, equipment, and other costs in an amount not to exceed the estimated hong
equipment, and other costs without fntber approval by thc City. Should theactual
material costs be less than estimated, then SJVR will apply One difference against
the final bit for actual labor costs, with a written accounting of the final costs, and
the City will reimburse SJVR for the net actual coats of the project with 45 days of
receipt of the bill.
2 Work is to be done during normal working hours and will require a 48 hoes
closure for each street crossing. If Ne City requires the surface improvement work
W he performed on a weekend, City agrees to Pay for any additional costs incurred
due m overtime pay for SJVR and/or Contractors or any other extra expenses
associated with the weekend work. City will install asphalt mad approaches and be
responsible for any required notification of the public.
3. This Agreement shall commence upon execution of this Agreement by both paries
and shall continue for 240 calendar days, subject to prior termination as hereinafter
descnbeC
Page I of 3
6. If either party shall default in any of the agreements contained in this document she
other may terminate this Agreement by serving ten (10) days nonce in writing upon
the defaulting party. Any waiver by the non -defaulting party of my default shall
not consulate a waiver of the right to terminate this Agreement for any subsequent
defaults, nor shall any such waiver in my way affect the parties' ability to enforce
my sections of this Agreement. The remedy set forth in this section shall k m
addition to and not m I mifomer of my other remedies the parties may have at law
or inequity.
S. This agreement may be terminated by either party, at my time, by serving ten (10)
days wrinm notice of termination on the other party.
6. The ponies shall observe and comply with my and all federal, state, and Im ad laws
and regulations m the performance of this Agreement.
7. This Agreement is the full and complete Agreement between Ne parties and
supersedes my and all other agreements between the parties hereto relating the
installation of the improvements at the grade crossings.
UE INBEK OF PAGE INTENTIONALL LEFT BLANK,
Page 2 ofd
W WITNESS WHEREOF, the Parties hereto have caus dl this Agreement to tae executed in
duplicate the day and year than above written.
THE SAN JOAQUW VALLEY RAILROAD CIIYOFFRESNO
By: 1 By: -
Randy Perry Pont: .ice S
General Manager Title:
Dater Date:G
k (20 to u
ATTEST:
REBECCA E. KLISCH
City Clerk
By. '
uty WZ0/OB
APPROVED AS TO FORM:
JAMES C. SANCHEZ
City Attorney
By
urie Avedisi
Deputy City Attorney
Attachments: L Exhbit "A", Grade Crossing Widening Cost Estimate
2. Exhibit "B". Signature Authority
Page 3 of 3
Exhibit "A"
SAN JOAOUIN VALLEY RAILROAD
GRADE CROSSING WIDENING COST ESTIMATE
FOR THE CITY OF FRESNO, CALIFORNIA
The followlvg are conditions/clarifications f the proposed road crossing surface
improvements:
I Peh rm necessary field engineering in order to locate and reference stake
existing aligro ent and profile. We will restake fm new top of rail profile if
necessary as designated by others.
2) Provide the necessary traffic control and detours in order to execute the work.
3) Sawcut existing asphalt Touch side of back centerline. Excavate asphalt
within sawcut lives, load and dispose of offsite.
4) Remove approximately 154 track feel (TF) existing single track.
5) Excavate for new track bed, 7' each side of hack centerline where the new
concrew panels will be installed, down to 30" below proposed tap of rail.
Excavated materials m be spread adjacent to the work area on We SJVRR
right-of-way.
6) Place and compact H" of Class 11 asphalt base malenal within Ne area
when the new concrete panels will he installed.
7) Reconstruct Ne 154 TF using the following materials:
• 112# Welded Relay Rail (Will extend out 20' past the ends of the new
concrete crossing).
• Relay Compromise Joint Bars whew Track Bolts wtsi ackwashere
• New 7'x9"x10' Ties Within the Crossing Arco
• New 7'x9"x9' Transition Ties (10 each off each end of We crossing)
• Relay 5-1/2" Double Shoulder Tie Plates
• New Track Spikes
• Relay Rail Anchors (Every be to be box anchored)
• New Crashed Bal last Rock (8" under the crossing ties)
8) Famish and wa[all M depth 1120 lag down concrete crossing panels -
113.75 TF total.
9) Place and compact asphalt in antler to wroperanly restore the driving surface
until others place permanent asphalt surface.
10) Raise and temp an additional l IRTF off each end of Ne new creasing in order
to pmvide for a smooth transition.
Page I oft
Unit
LABOR with additives. regi for sopervispn and
field lnelellatlon
1 LOT
$57.902
$57,902
EQUIPMENT CNARGEB for pick up Paris,
1LOT
$15,023
$15.023
backlwes, boom back, and any renNl egclpment
racWrad
ILOT
$26,915
$U.815
CROSSING AND TRACK W ORK MATERIALS
Precast where s crossing panels, crwsdes, eni
be plata. Us& spikes, and Whet
1 LOT
$50,010
Wi
OTHER EKPENSE5- Engineering, asphalt saw
robing, removal orexcavateo makers, alc.
1LOT
$17,100
$17.100
PROJECT CONTINGENCIES 10%
1LOT
$15,023
$15.023
Page 2 bf2
EXHIBIT "B"
SAN JOAQUIN VALLEY RAILROAD CO.
Inc=bency CeniFlwte
OFFICER nnC SPDC SIGNA'NRE
Randall Pony Vice President-GtzcnW Manager
1, Jounce Slwfelbino, the duly elected, qualified and Wing S=ogr of Sun
Joaquin Volley Railroad Co„ a Califanua cnryomtiaty do hereby certify tire[ the alone
and foregoing is an officer of Sen Joaquin Valley Raihmd Co., duly elesaed N and now
holding the offiru mt opposite his naam, end the given eignutum above eat opposite his
name la hu genuine signature.
IN IV NCSS W RCEOF, I have Imreanta act my hand and a i{cd W sed of
said CorPomienuof October // .2005. /'�/ -_
Title SecrtleShyab f sl