HomeMy WebLinkAbout110-85 RESOLUTIONv
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RESOLITPIQJ H0. 110-85
A RESOLUTION AUTHORIZING THE MAYOR AND CITY ('T,FRK
TO EXECUTE AN AGREEMENT WITH BURLINGTON NORTHERN
RAILROAD ODMPANY FOR THE INSTALLATION OF A TIMBER
CROSSING ON INDUSTRIAL DRIVE.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FA}E'T IT.TV.,
ARKANSAS:
That the Mayor and City Clerk are hereby authorized and directed
to execute an agreement with Burlington Northern Railroad Company
for the installation of a timber crossing on Industrial Drive. A
copy of the agreement authorized for execution hereby is attached
hereto marked Exhibit "A" and made a -part hereof..-_
PASSED AND APPROVED this 15th day of nrtnher
ATTEST
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APPROVED
1985.
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BURLINGTON NORTHERN RAILROAD
SPRINGFIELD REGION
December 12, 1985
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Ms. Suzanne C. Kennedy
City Clerk
Office of City Clerk
P. O. Drawer F
Fayetteville, AR 72701
3253 East Chestnut Expressway
Springfield, Missouri 65802
Telephone (417) 864-2121
-Dear Ms. Kennedy:
Please, find attached City's counterpart of agreement for the construction
and maintenance of Industrial Drive railroad grade crossing at the
Burlington Northern Railroad track at the Fayetteville Industrial Park.
We will order materials now and will begin construction as soon as
possible.
Yours.very truly,
G. G. Alb n
Chief tnuineer
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Enclosures
File: INDUSTRIAL SITES: Fayetteville
AGREEMENT
between
BURLINGTON NORTHERN RAILROAD COMPANY
and
CITY OF FAYETTEVILLE, ARKANSAS
A Municipal Corporation
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Covering construction and maintenance of Industrial Drive Railroad
Grade Crossing at the Burlington Northern Railroad track at the
Fayetteville Industrial Park, Fayetteville, Washington County,
Arkansas.
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Project No.
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This Agreement, entered into the day and year last below
written, by and between the Burlington Northern Railroad Company,
hereinafter called the "Railway Company," and the City of
Fayetteville, Arkansas, hereinafter called the "City,"
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WITNESSETH:
The City proposes to construct a portion of the Industrial
Drive at the Fayetteville Industrial Park, Washington County,
Arkansas, that will require the construction of a railroad grade
crossing, hereinafter called the "crossing," as shown on the
attached Exhibit "A."
The proposed construction will include grading, drainage,
surfacing, installation and construction of railroad grade
-crossing safety devices at the existing railroad facilities.
It ,is agreed that each of the parties hereto shall perform
certain work in connection with the construction and maintenance
of theproject, and that the expense of construction and
maintenance thereof shall be borne as hereinafter provided.
AGREEMENT:
ARTICLE I
In consideration of the covenants of the City hereinafter
contained and the faithful performance thereof, the Railway
Company agrees:
I. To license or permit, without compensation other than
the covenants of the City hereinafter contained, the construction
and use of said crossing, including drainage structures
appurtenant to the project on its right-of-way (described in
Exhibit "B"), and in accordance with the plans for the proposed
project, as approved by the parties hereto; reserving, however, to
the Railway Company, its successors, assigns, tenants or lessees
the right to construct, operate, rearrange and maintain along or
across said right-of-way such tracks and facilities over said
Industrial Road and such pipe lines, communication, signal and
electrical transmission lines, either over or under said
Industrial Road, as the Railway Company, its successors, assigns,
lessees or tenants may find necessary and convenient, provided
that any such construction, reconstruction, rearrangement, etc.,
does not in any way endanger or unnecessarily impair the use of
the said Industrial Road.
2. To prepare plans and estimates for approval of the City
to furnish all labor and materials for the following items of
work:
(a) Make temporary and permanent adjustment of its tracks,..
wire lines, fences and other Railway Company facilities.
(b) Furnish railway flagging made necessary by performance
of,railway force account work.
(c) Any other railway work necessary to complete this
project as planned ,and approved,:-. including .removal:....and
,t"-aeemen-t of trac.ks.,_track structures and appurtenances.,
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(d) Railroad crossing signals.
31 To provide railway field engineering and inspection to
the extent that such engineering and inspection is believed by
Railway1to be necessary to protect the Railway Company's. interests
during the construction period.
4 To obtain all materials purchased for its portion .of the
work
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5. To sample and test all materials used in its portion of
the work, and to reject all materials which do not conform to the
governing specifications.
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6. To commence its portion of the work as soon as possible
after receipt of notice from the City to do so, and to prosecute
such ;work diligently to the conclusion of its obligations
hereunder. This is with the understanding that the various
portions of work will have to be done in sequence to comply with
the construction phases.
7. To grant the City's representatives access to all parts
of the work at all times.
8. To keep its accounts of work performed hereunder in such
a manner that they may be readily audited by representatives of
the City and actual costs plus additives of such work readily
determined, and to grant said representatives free access to such
accounts at all reasonable times.
9. To maintain at the City's expense the railroad crossing,
including railroad crossing signals constructed under the terms of
a future agreement if signals are needed.
10. To maintain at its own expense the railway drainage and
all other railway facilities rearranged under the terms of this
Agreement except as provided in Article II, paragraph 13 hereof.
ARTICLE II
In consideration of the covenants of the Railway Company
hereinbefore contained and the faithful performance thereof, the
City agrees:
1. To prepare plans and specifications for the street
grading, drainage, construction of railroad crossing and street
surfacing and curbing, and to submit such plans and specifications
to the Railway Company for its approval, and furnish the Railway
Company reproducible tracings and design and copies of shop
drawings.
2. To construct, or cause to be constructed, the railroad
crossing and all work in Section 1 above and thereafter maintain
same except those items specifically set out in Article I,
Section 10, as the obligation of the Railway Company.
3. To secure all right-of-way required for this
construction without cost to the Railway Company other than its
covenants contained herein.
4. To construct or cause to be constructed all grading for
trackage that may be required to be modified as a result of the
construction of the railroad crossing.
5. To sample and test all materials used in its portion of
the work and reject all materials which do not conform to the
governing specifications.
6. To appoint and keep •competent,inspectors on..the work
- under4i-ts -supervasi.00..
7. To require its contractor or contractors to give the
Railway Company at least ten (10) days' advance notice, .in
writing, before commencing any work provided for herein in order
that ;it may have representatives present for the purpose of
inspection thereof, if deemed necessary, and so that it may issue
appropriate instruction for. operation of trains. during
construction to avoid undue hazards to railway operations.
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8. To require its contractor or contractors to maintain at
all times a clearance area, for the maintenance of railroad
traffic during construction. Said clearance area shall at all
times be kept free from any falsework, equipment, materials,
forms, etc.; and, upon completion of the work, the contractor
shall be required to remove from the railroad premises all
temporary structures, rubbish, water materials and equipment and
to leave the premises in a satisfactory condition.
9. ,, That the contract or contracts letby the City for
construction of the structures shall require the contractor to
cooperate with the Railway Company to the fullest extent possible;
to so conduct his work and handle and store his equipment and
materials as to cause the least possible interference with
railroad, operation; to maintain proper operation of the track.
drainage system -during construction period.
10. The City further agrees to cause any contractor employed
by it to construct the railroad crossing for work to be done in
connection with the project, to agree to the following:
(a) To secure in Railway Company's behalf a Railroad
Protective Liability Policy insuring against Bodily Injury
and Property Damage before entering upon construction of the
project. The Railway Company shall be designated as the
Named Insured in the policy, and the policy shall conform to
the "Railroad Protective Liability" form approved by the
AASHTO and AAR. The dollar amounts of coverage of liability
of the policy, with respect to bodily injury, death and
property damage, shall be a combined amount of Two Million
Dollars ($2,000,000) per occurrence.
(b) Coverage under the Railroad Protective Liability Policy,
as set forth in paragraph (a) above, shall be afforded the
Railway Company until such time as all work required to be
performed under the contract is completed and formally
accepted by the City.
11.1 In addition to securing in behalf of the Railway Company
the Railroad Protective Liability Coverage as set forth in
paragraphs (a) and (b) of Item 10, and before entering upon
construction of the project, the Contractor shall furnish to the
City and Railway Company satisfactory evidence that the Contractor
has secured Bodily Injury and Property Damage Coverage under a
Contractor's Comprehensive General Liability and Automobile
Policy, or similar coverage, in his own behalf, and in behalf of
any subcontractor under him, covering their operations in the
performance of work on the project. Provided, however, that any
subcontractor may in his own behalf secure and furnish to the City
and the',Railway Company satisfactory evidence of insurance
covering his individual operations. The dollar amounts of
coverage of liability under the policy, with respect to bodily
injury, 'death and property damage, shall be a combined amount of
Six Million Dollars ($6,000,000) per occurrence.
.12.1 With ten (10) days after the Notice of Award of the
Contract, the contractor shall furnish to the City satisfactory
evidence: that insurance coverages required herein have been
provided,. The evidence shall be an original and one copy of the
Railroad Protective Liability Policy and ..two certified copies of
othera-tnsu.r_ance—carried.The _original Railroad Protective
Liability Policy and- one"certified -copy of-al1"btherL.r-nsurance
will be furnished to the Railway Company.
(a), The insurance specified shall be kept in force until all
work required to be performed. shall have been satisfactorily
completed and accepted in accordance with the contract under
which the construction work is undertaken. The Railway
Company shall be notified at least thirty (30) days in
advance of the terminationof the policy .or policies.
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13 It is understood and agreed that before final inspection
there will be a sixty (60) day test period by the Railway Company
of the facility constructed by the City. Failure of the Railway
Company to object within twenty (20) days after final inspection
shall indicate satisfactory performance of the contract by the
City. _
14. The City shall have the right to inspect the work to be
performed hereunder by the Railway Company at any time during its
progress and to make final inspection upon completion thereof.
Failure of the City to object, within twenty (20) days after final
inspection, shall indicate satisfactory performance of the
contract by the Railway Company; however,,written approval may be
made by.,the City within the 20 -day period.
ARTICLE III
1'i The City shall reimburse the Railway Company for
expenses incurred by said Railway Company in performance of work
outlined under Article I, Sections 2 through 9.
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2. The City shall pay the entire amount due on the contract
or contracts let by it for the construction of work set forth in
Article' II of this Agreement.
3: The City shall pay all costs of engineering and
inspection of the work performed under its portion of the
Agreement.
4. Reimbursement to the company will be made for work
performed and materials furnished, including but not limited to,
insurance premiums and coverage at the rate and amount set forth
in theapproved cost estimate attached, in accordance with the
provisions of Federal -Aid Highway Program Manual, Volume 1,
Chapter 4, Section 3, issued by the Federal Highway Administration
on April 25, 1975, and amendments thereto except as modified by
the provisions herein.
5. Railroad and utility company bills.
(a) The company may submit monthly bills prepared in satis-
factory form for work performed in compliance with the
agreement provided the cost to be billed exceeds $500.00.
Upon receipt of said monthly bills, the City will make a
payment to the company. The amount of such payment may be up
to, 90% of the cost of the work performed and as covered by
said bill. Subsequent to the final audit the City will make
final payment to the company for work performed and materials
furnished in accordance with this agreement and approved
plans and specifications and approved changes thereof.
(b) In the event that the company does not desire monthly
payments, then upon satisfactory completion of the work
performed by the company under this agreement and receipt of
a statement in proper form, the City shall make payment to
the company. The amount of said payment may be up to 90% of
the cost of such work. Subsequent to the audit, the City
will make final payment to the company for work performed and
materials furnished in -accordance, with this agreement and
,s,-; approvedcplans.tand spec_ifications.. and approved_ changes
thereof. �..„ ' 4lir• .'
No changes in the plans or specifications shall be made without
the written consent of both of the parties hereto. The general
construction and workmanship shall be subject to the approval of
the parties hereto.
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ARTICLE V
11. This Agreement shall be accepted, approved and adopted
by ordinance duly passed by the Governing Body, approved by the
Mayor and published in the form and manner required by law and
thereupon become binding upon and -inure to the benefit of both
parties hereto, their successors or assigns.
2. It is hereby agreed that a copy of this Agreement shall
be filed by the City with the Secretary of the State of Arkansas
with a. request that an order be made affirming the Agreement in
strict accordance with the terms hereof.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement' to be executed 'by their duly authorized officers or
representatives on the dates set forth below.
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ATTEST:
BURLINGTON NORTHERN RAILROAD COMPANY
By: ciA4
Title:
Date:
cbt r. C1 L S Ind\.
FOR vet PRESIDENT
SPRINGFIFI n REGION
Q, tags
By: 1CL�E, KA AS
Oft
Date % /st 5
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SJRLIJUGTc$/ JU'JRTHE/iW RAILROAD C VPAN:
SPRINGFIELD REGION, SPRINGFIELD "'DIVISIC
PRINT SHOWING
ROAD CROSSING TO SERVE FAYETTEVILLE
DEVELOPMENT FOUNDATION
1002 MP Neer 354.3
Line Segment
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FAYETTEVILLE WASHINGTON CO
SCALE: V'! 200' JULY
ENGINEERING DIVISION See Dwg 29699-163
ARKANSAS
10 ,mit
SPRINGFIELD, MO
FAYETTEVILLE DEVELOPMENT FOUNDATION, INC.
123 WEST MOUNTAIN
P. O. BOX 4216
FAYETTEVILLE, ARKANSAS 72702-4216
(501) 521-1710
October 8, 1985
Mr. Don Grimes
City Manager
City of Fayetteville
Fayetteville, AR 72701
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Dear tion:
Enclosed are two copies of the contract between the City and the Burlington
Northern Railroad for the rail crossing on Industrial Drive in the I -Park.
This.crossing is part of the master plan development and the cost will be
reimbursed to the City by the Foundation.
Your approval of this contract at the earliest convenience will enable us
to get this work completed promptly.
Sincerely,
Dale Christ
Secretary -Treasurer
.i,
BURLINGTON NORTHERN RAILROAD
SPRINGFIELD REGION
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Mr. R. Wayne Jones, Project Engineer
Fayetteville Development Foundation
Fayetteville Chamber of Commerce
P. 0. Box 4216
Fayetteville, AR 72702
3253 East Chestnut Expressway
Springfield, Missouri 65802
Telephone (417) 864-2121
September 16, 1985
Dear Mr. Jones:
Pleasel!find attached copies of agreement covering the construction
maintenance of the full -depth timber crossing surface for Industrial
Drive located in Fayetteville Industrial Park, Fayetteville,
Arkansas.
Please have appropriate signatures affixed to both copies of
agreement and return both copies to me for execution. Upon
execution, we will return city counterpart to you for your
records.
Yours very truly
P.d.
/ 6 G. Albin
Chief Engin:er
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Attachments
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File: iINDUSTRIAL SITES: Fayetteville