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HomeMy WebLinkAboutContracts & Agreements_59A-1979_CCv0001.pdf Tia; AGREEMEW, made and entered into this 6th day of November , 1979 , by and between THE ATCHISONo TOPM ANIS SANTA Fly RAIZ.RAY COMPANY, a Delaware Corporation, hereinafter designated "Santa Fe", and the CITY or RF,DLANDS s a municipality in the State of California, hereinafter designated "City". WIV4ESSETH s WHERRI'�.,+, City ,proposes to widen and improve to a curbed roadway width of 69 feet that portion of DEA.P,BOR-1 STREET on each side of and including the crossing of Santa Fe's Redlands Branch Line track, designated by California Public Utilities Commission as Crossing No. 2U- 10.9, U-ICS.9, and; WHEREAS, Santa Fe and City are in accord as to said proposal, and Santa. Fe is willing that City or City's Contractor do all work except preparation of Nanta Fe's track, including the placing of full depth sectional timber planking therein and than installation of crossing gates and flashing light signals. 7 NEW IrrMREFOF<Z IT IS AGRELD: 1. City, or City's Contractor, will do all vxark under said program, including adequate drainage structures in vicinity of crossing, except that work hereinafter specified to be dons by Santa Fe. 2. City, or City*s Contractor, will comply with Santa Fe's rules and regulations and instructions of Santa Fe's representatives in relation to proper Manner of protecting Santa re's tracks and traffics moving thereon, as well as wires, signals and Bather property of Santa Fe, or its tenants or licensees, at: or in the vicinity of the word: during the period of construction of said improv -ent, and shall perform the work in a manner satisfactory to Santa Fe or its designated re— presentatives, and at such t=imes as shall not endanger or interfere with safe and timely operation of Santa Fe's trach and Cather facilities. 3. -Santa Fe will, at its expense, rehabilitate and resurface the track, including placing of timber planks Co length of existing crossing being average of 24 feet. 4. Sanaa Fe will, at expense of City, in addition to those planks :specified above in Paragraph 3, place aaditional timber planks to accomodate a total width of 84 feet including sidewalk ameas. _ 2 .. S. Santa Pe will, at equal expense of Santa Fe and City, remove existing crossing signs and install two PUC Std. No-9A crossing gates and cantilever flashing light signals. 5. work specified to be done in above Paragraphs 4 and 5 by Santa Fe shall be done as soon as practicable, considering completion of said program, availability of materials and manpower, and 'in consideration thereof City will pay to Santa Fe, (a) that actual total cost of work specified in said Paragraph 4, presently estimated by Santa Fe to be TWMVES ThVUSAND NnW HMRFD SIXTY Dollars ($12,960.00) , and (b) one- half of the actual total cost of cork specified in said Paragraph 5, which total cost is presently estimated by Santa Fe to be FIFTY ONE THOUSAND TWO HU-NDRM SIXTY Dollars '051,260.00). 7. Notwithstanding the method of apporti insert of costs and expenses set forth above, should this railway-highway crossing work be financed in whale or in part with Federal Aid funds, Santa Fe shall be reimbursed in accordance with applicable Federal Laws and regulations, and Santa Fe's right to reimbursement shall. -not be limited by any pro- vision of this agreement. City shall notify Santa Pe should a Federal fund allotment be'made to the Cite for this project. 3 a. Santa Fe shall submit to City a bill for ninety per cent (90%) of City's share of the estimated cost upon completion of work contemplated, which bill City agrees to promptly pay. City shall pay the actual cost upon completion of audit, less credit for the sum pre- viously paid. 9. That all work covered by this agreement shall conform to requirements of the Public Utilities Commission of the state of California. 10. After installation of railroad crossing protection signals and appurtenances under terms of this agreement, Santa Fe shall physically maintain same so long as they remain in place. The maintenance cost of said signals and appurtenances shall be shared equally by City and Santa Fe in accordance with Section 1202.2 of the California Public Utilities Code, except that City's liability therefore shall be limited to such funds as are set aside for allocation to the Public Utilities Commission pursuant to Section 1231.1 of the Public Utilities Code. 11. Santa Fe will at its expense maintain that portion of the crossing lying between rails of the track and for two feet outside thereof. 12. City will maintain at its sole expense any street improve- ment within said crossing other than specified to be maintained by Santa Fe in Paragraphs 10 and 11 hereof. _ 4 i IN WITNESS WHEREOF, THE CITY of REDLANDS has caused these presents to be executed and attested by its duly qualified and authorized officials pursuant to authority regularly granted them by its City Council and THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY has executed these presents both as of the day and year first above written. THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY Its of `G'truc€s CITY OZ-RE-D S By Its Mayor ATTEST: Ci rk 5 Mt. 0 ESTIMATE OF COST TO THE CITY OF REDLANDS TO WIDEN AND IMPROVE DEARBORN STREET, CROSSING NO. 2U-10.9 IN THE CITY OF REDLANDS, CALIFORNIA DESCRIPTION QUANT UNITS LABOR MTRL OTHR TOTAL ENGINEERING 125 125 REMOVE 8t TIES & PLACE 9' TIES 38 ea. 152 592 744 INSULATED JOINTS 8 ea. 1360 1320 2680 REMOVE & REPLACE RAIL & O.T.M. 200 if. 800 2068 2868 RESURFACE TRACK 400 tf. 1600 400 2000 PLACE FULL-DEPTH PLANKING 60 tf. 1800 4500 6300 REMOVE CROSSBUCK I ea. 30 30 WORK TRAIN 400 400 FREIGHT 305 305 HANDLING 2220 2220 EQUIPMENT RENTAL 425 425 LABOR ADDITIVES 3595 3595 SUBSISTANCE 610 610 SUB TOTAL 10472 11100 730 22302 CONTINGENCIES 2230 ESTIMATED COST TO CITY OF REDLANDS 24532 AGM ENGINEERING Estimate No. I The Atchison, Topeka and Santa Fe Railway Company - Coast Lines HIGHWAY CROSSIINIG -,V,.aNING SIGN,LS Estimated Cost of Force account A Redlands, California, as required for the installation of T X)-No. 91, cantilever flashers and gates with D-,-- track controls on DearIorn Street, I'lilepost IO. , Redlands District, Los ".nqeles Division, F.U.C. o. 2U-10.9 CITY Or- REDLANMS A. Engineering Preliminary 310.00 Construction B10.001 Total Engineering 1,620.00 B. Signal Labor 81100.00 C. Signal Material 32,660.00 Total Material & Labor 42,380.00 D. Sales Tax 11960.00 Handling 1,633.00 Freight 392.00 Equipment Rental & Dopreciation 2v622.CO Mle a 1 S 450.00 Billing 324.00 Vacation Allowance 728.001 Health & Welfare & G. L. I. 502.00 Paid Holidays 295.00 R.R. Retirement, Unemployment Excise 2,689.00 Tax Insurance 11,070.00 Total (D) 12,665.00 Total (A+B-C-tD) 55t045.00 E. Contingencies 5,505.00 F. Less 50% Santa Fe portion 30,275.00 G. Total Signal Cost - "-,*ity portion 30,275.00 !,ssiStant Chief Enginor - Signa l!3 Topeka, Kansas November 27, 1979 t, F The Atchison,Topeka and Santa Fe Railway Company A Santa Fe Industries Company One Santa Fe Plaza, 5200 East Sheila Street, Los Angeles, California 90040 213/267-5403 June 3, 1980 (mailed 7/30/80) File: 231.3(2U-10.9) �v' � 2�4 Dearborn Street f r> Mr. Ronald C. Mutter, r Associate Civil Engineer City of Redlands UL 3.1 119 (90 P. 0. Box 280 ` Redlands, CA 92373ns Dear Mr. Mutter: Reference is made to your April 15 letter regarding proposed Cost and Maintenance Agreement between Santa Fe and City, covering improvement of the above-referenced street in your City. We have executed the Construction Agreement, and are returning City's Original for your records. We do this with some reluctance as the cost figures contained in the document are no longer applicable, and a new document probably should have been drafted to cover this project. However, if you wish to use this letter as an addendum to the agreement so that both parties may be aware of the increased cost, we would have no objection and we will schedule the project for construction as soon as materials can be obtained and our construction forces made available. The estimated cost of track work through the widened area to be borne by City is indicated in the document to be approximately $13,000.00. I just received a revised estimate for this work, based on current cost figures, and I am attaching a copy of this estimate in the amount of $24,532.00 for your review and records. Also, the signal work, which is to be borne equally between Santa Fe and City, has increased from $51,260.00 to $60,550.00, of which Santa Fe will, of course, bear one half. The above figures should remain stable for the rest of this calendar year and we should be able to complete the project within that time, providing we do not incur undue delay in obtaining materials from our suppliers. Please advise if you wish to proceed with this project on the revised cost figures, and we will immediately arrange to schedule the work. Yours very tr y, ev W. W. Toliver Assistant General Manager Engineering