HomeMy WebLinkAbout1987 Resolution No. 016I
Rls80LUTION NO, / &'
SERIES OF 1987
II l!ESOLU'i'ION APPROVIN G THE PROPOSED AGREEMENTS WITH THE ATCHISON,
'l'UPE:K/1 /IND SANTA FE RAILWAY COMPANY ANr, '£HE lll!NVER AND RIO GRANDE
WJ ·:s-mrrn RI\Il,R0/1)) COMPI\NY FOR CROSSIN(, L'i,'.JTEC'l'ION DEVICES TO BE
i.<lC A'l'ED /IT QU INCY Nf:I\R SOUTII SANTI\ FE ..;rJVE,
\-/IIEll EAS, in con nect i o n with the City of Englewood's
impr o v e ment project , the City ha s req uested The Atchison, Topeka
,1 11cl Sa nta Fe Railway Company and The Denver and Rio Gra r de
Wrn tr rn Ra ilroad Company to place fl afih\n g light signals with
s lwrl'-,1rm gates at Qui nc y Avenue near ;anta Fe Drive in the City;
,1 11 d
WJIERE IIS, bo t h rnilro a d s have agreed to complete these
jmflrovements under cert a in terms a nd conditions; and
WHF:RF:AS, f unds have been mad e available under the
provi s ions of Section 203 of the Highway Safety Acts of 1973 and
1976 for improvements to hazardous railroad grade crossings with
the c ost to be split 901 Fe deral and 101 City;
NOW, 'l'HEREFORE, BE IT RES OLVED BY THE CITY COUNCIL OF '£HE
Cn'Y 01' ENGLEWOOD, COLORADO, 'rHIIT:
Section 1. The agreement between the City of Englewood and
Th e lltchison, Topeka and Santa Fe Railway Company, a Delaware
corporation, is hereby approved.
Section 2. The agreement between the City of Englewood and
Th e Denver and Rio Gr a nde Western Railroad Company, a Delaware
corporation, is hereby approved.
Se ction 3. The Mayor and City Clerk are hereby authorized
to sign and attest both agreements for and on behalf of the City
Co uncil and the City of Englewood.
ADOPTED AND APPROVED the 18th day of May, 1987.
Patricia H. Crow, City Clerk
I, Patricia H. Crow, City Clerk of the City of Enqlewood,
Colorado, hereby certify the above and foregoing is a true copy
of Resolution No. _L.£, Series o ~,1~7. . . J
, :::f'ltc.t' ,<C, ~ ~J
Patricia H, crow
I
SANTA FE ORIGINAL
SfCRETAAY'S CrtlT~ACT ~•(). _____ _
---oOo ---
Between
Tf£ ATCHISCN, TCPEV.A AND SANTA FE RAJU/A'/ CCM'm•v
and
CITY CF rMGLEl!DCD
---oDo ---
AGREE!IEMT
Covering the in5tallation of cl'os~ing warning devices and
improving the street profile at Quincy Avenue, Englewood,
Colorado .
Dated ____________ _
I' I 1· J '. ,, L S
Tl-II s A(;rnTrt 'T , t•aoe and entHed into
this day of=~==~• 19
by aiiiJtetween 11-f' ~rr::msa-11 TCPfKA
AND SM'TA FT" PAIL.WAY r.Cl,f>A~•y I a l'cla-
wart corporation (hereinafter referred
to as 11 5anta Fe 11 ), ano CITY Cf
FNCLO/QO[l, a runicipal corporation of
the state of Colorado (hereinafter
referred to as the 11r.1ty 11 ).
! , conne c tion with City's improvemrnt project, the rity has requested
t !11 • "anta f e to place flashing light signals with short-a1,n gates at Cluincy
l\vt ·n<J e . 1nt locatior, or the crossing is at Santa Fe t<ilepost 728.39, cenver
ni st ;ict, Colorado Division, designated as u. S. DOT-AAP Crossing tJc. 3 638 .J
"'"' ;, ,;ilm.,, on ,xl,ibit "II" dated ttarch 7, 1966, attached hereto and made a
j icll :-. hereo f ,
Thc-Santa Fe is willing to place flashinr lirht signals with
:,ilort-arm gates (hereinafter collectively referred to as "devices") on the
t nn:s ano conditions hereinafter s<:t forth.
/I 1; R [ [ M [ N T
~•cw THEREFmf, in consideration of the premises and the mutual
agreEments herein contained, the parties hereto promise and agree as follows:
l. santa Fe shall furnish all materials anci install the Flashing
light signals and gates, including but not limited to the ne~essary wiring,
he.usin g , tonding of the tracl< rail ar,d other necessary appurtenances.
2. II oescription of the devices, including a general plan of
iJo s tallation, is set forth 011 fxhibit 1111 11 , attached hereto anti made a part
he reof, and an estimate of the cost ot· materials, laror and additives usetl for
the installation of saic d~vices is set forth on fxhibit "El", attached hereto
ar,d made a part hereof.
~-The CITY has madE applie&tion (Po. 37412) to the r.rt nrArr P!Rir
UTILITIES COHUSSICN for approval to install the tlevices.
4. Upon completion of the installation of said devices, the r.!TY
shall own the devices and SANTA FE shall thereafter operate, maintain, repair
and keep the devices in proper condition, all at its sole expense; provided,
ho,·evc r, tl,t 5/lt,TA FE shall be entitled to receive any contribution tol'lard the
ccst of such operation ano r.iaintenance as may be now, or hereafter made
avili labl e by reason of any law, ordinancE, repulation, order, grant or by other
me ans or so urces . Whenever, tiy reason of railroad changes, the devices must
L~ 1e1,J.1ced or rr.moved, any expense incurred shall be regarded as part of the
cost ul rJi lroad change and shall be borne by SANTA FE. In the event that the
1:1 JY '""'''" any cl'.arines in its n,ad or relatEci facilities, the CITY shall bear
Lil~ expense of making any changes to or replacement of the devices.
5. 1 he provisions of t:1i s agreen,ent, and the plans ,,. J
sp<"ci f icat,ions for said devices, shall not become effective until approv,.
Un·rL·of has been otitained from the CCl.ffiA(lO PIJBLIC UTILITIES CO!f-lISSl!l!,
6 . Since the , os t of installation of the devices has been
lil•lvcted/appropriated for funding under the "SUrface Transportation P.ssistance
Act of 1906" as to 90% Federal participation of the total cost, with the
uncierstanding that the CITY will bear the remaining 10%, the provisions or the
colorildo Revised statutes 40-4-lOl:(2)(b) relative to the allocation or costs
tL the crossing Protection Funct are inapplicable.
7. The CITY shall bear all costs associated with this project for
an y necessary widening and/or improvements of the street profile approaching
SANTA FE'S trackage.
8 . In comection with any widening or improvement of the street
µrefile by the CITY, which will require extensions to the existing crossing
surfaces by SANTA FE and, sir.ce such work is not budgeted/appropriated for
funding under the "Surface Tnnsportation Assistance Act of 1986 11 , the CITY
av1·ces to 1eimburse SI\NTA FE fer all costs of labor, materials and additives
'or extensions of the crossing surfaces.
-2 -
9. CITY will furnish, install, and thereafter maintain pavement
markings , advance warning signs, and traffic control signs in accordance with
arplicalJle po1tions of thE: ~ianual on Uniform Traffic Control rev ice~, r.evision
No . 2 dated December 1983.
JO. That if it is cletermined r,r:cessary by Santo Fe, ,iurino any
w11 1eni ny and/or improvement of the street profile, to pro .·ide fl agmen and
11,s1;ectors to insure the safety of railroad operations, the cost of providi.ng
sucl1 f lag,,en and inspectors will be borne by CITY.
11 . sm,ta Fe may present periodic itemized progress bills to r.ny
fnr material furnished and work as completed for payment . Santa re, will,
i11,.11rar a5 possiUe, present final detailed and itemized statement for work
performed by Santa FP. co the CITY within ninety (90) days after completion
thereof, such statemer,t to l..te on basis of detailed and itemized c:ost. Final
pay n.e nt will be made by the CITY in the amount of the difference between the
sum of · t he pe1 i ouic payments rr:ade and thf! itemized audited statement for the
total amount of material and work perfortr.~d by Santa Fe upon completion of the
proj ec t. In the event of overpayment, Santa Fe shall refund to CITY such
e xc e ss .
12. Any notice t1J ce giv'!n by santa Fe to CITY hereunder shall be
tlcL, .. ~,, tn be properly served if the same be delivered to CITY or if deposited
in the l'os l Office, p·Jstpaid, addressed to CITY at 3400 south F.foti Street,
Englewood, LoloradO 80110. Any notice to be given by CITY to Santa Fe
hereunder shall Le detmec' to bE: properly served if the same be delivered to
I
Santa Fe or if deposited in the Post Office, postpaid, addressed to ',anta Ft I
at P. o. Box 1738, 920 Quincy street, Topeka, Kansas 66628.
13 . If, for any reason, any section or provision of this agreement
should lit. unenforceable or should be determined to te unenforceable, a! J. of
-3 -
the remaining sections and · provisions of the agreement shall nevertheless
remain in full rorce and effect .
14. This aQreem,,n t shall be binding upon anu inure to the benefit or
the pa rties and their respective legal representatives, successors and
"ssign,; pruvidco, hcweve1·, no assigm.ent hereof by CITY, its succe s sors or
ass 1 ry,s , nor any subsequent assignee, shall be bindirll) upon Santa Fe without
tr,e written conser,t of Santa F~ in eacn instance, which conser,t shall not be
un reasonably withheld, and at the option of Santa Fe this license shall be
1 url eiled t,y any such voluntary assigni,ent or by any as~ignnent thereof by
ope ration of law .
n : WITl\fSS l'H'F'tfF, thP. parties he1·eto have caused this agreement to
'"' properly executed by their duly authorized representatives as of the day
a1,d yea r fil·st atove written.
1\TT[ST:
Cit y clerk
l895E/2469/6676d/8
m=: ATC~ISO", Tf'f'[KA Al\'ll ~NTA FE H/\ILWAY Cf'f.PA~'Y
Ay Ca(~
Its ASslstant Lenei'anager:tnglneerlng
CITY rF ENGLEWOOD
By
Its·"li~y~ottr:---------------
,,,,
C , .',
SO .Dl:.NVE.~
IN511>.LL C:,1>.1ES & •Ll>.':>HE\5
HEAV'< I~,
5Ll>.5H£D 0U1
I
[!) IN51RUl'\EN1 HQU'::,INC":,
@) B1>.i1ER'< HOU51NC.
M.P. HB .39
D&R.f;,.W,R::t
PLAC.El'IENi OF 1HE WARNINC:.
51<':,NAL 5iANDA.RD5 WILL
C.ONl'ORM TO MUiC.D PARi "lZlit
BRAC,001--1-
C.ONiROL OEVIC.E5: C.Ot-lSiANi WAltNINC.
QIII/J/7 J:/"
A., i. &. 5 . f. R 't . C. 0,
E A5iE.RN \..INE5
C.OLOIU.00 01\1.
DENVER 015i.
EWC.LEWOOO I C.OLO.
WE.':>T QUINC.'< P..VE.
OOT.-0O'3"?,BJ
NO ~A.LE.
AC.E-5 10PEKA '3-1-e.~ -
I
FORCE ACCOUNT F.STIHATE •·oa
STATE OF COLORADO
I n ,-.;:_nection with installation of fla ■hlng light signal with gales controlled by
au t o1 .. a t ic detection devices at West Quincy Ave., Englewood, HP 728.39, DOT
110 , 003 638-J, Denver Subdivision, Col 1rado Division .
BolJ l c t we ltl!i
En r,i1 1ee ri11t•, sir,nal, construction
Ent,in e erinr, signal, preliminary
S it~n al f>c pl . labor
Tr ac k De pt. I ahor
Erq~iri c c dn& c o!il-s -track
Pa)-ro l l a s soc lated costs
~1,h;,i r.t c nce allowance
I n s u r ance
To t a l Labor
Auto"1,1t i c.: gales
Batt e r ics
Boutet we ld
In strum e nt housing
Joint, complete 90 lb . SH
Mo tion sensing equipment
t:'t e lay s , rectifiers, tC"ansfonnet·s
Sir,nol guard rail
Wire and cable
Handling
Tran s portation
Total Material
Q!!!fil!:
Equirmr.nt rental -Company
Total Other
Bil l ing and accounting
Cont incenc.ies
Les:: ::ulvago
Total Estimated Cost
QUA.;TITY
2
21
16
3 • 2
22
2
Tho A,T , & S.F . Rallway Company
Chief Englnoer System -Chicago
(dale) Harch 21, 1986 (file) 76-008-00692
AKP/5170e
UNIT SUBTOTALS TOTAL COST
1,746
1 ,018
I, 527
10,180
•9
180
7,526
5,869
...Ll.!!1
JO ,080
EA 11,043
EA 3,838
EA 887
EA .,417
EA •9
EA 13,514
EA 7,720
EA 716
LS . 3,0U
2,650
__J,Q1
48,780
..hill
3,775
826
8,264
...::.lli.
$9C,789
AGRE!HEMT
Tlll S ACRFF.HENT, Hade and entered into this day of
, 19 , by and between THE DENVER AND RIO GRANDE WESTERN
RAILROAD COMPANY, a De laware corporation, hereinafter referred to as "Rio
c:r,rnd ~" 1 and lhe CITY OF ENGLEWOOD, a municipal corporation of the State
nf Co lor a d o , hcrt?in11her referred lo a s "City",
WITNESSr:TII :
wm:Rt:AS, Fund s have been made available under the provision ■ of
Sec t i on 203 u { Lhe Highway Safety Acts of 1973 and 1976, for improvements
t n h.1 z.a rdou s r a i I r o ad grade crossings I and
WHEREAS, There exists a forty (40) foot wide public roadway,
known ns Quincy Avenue, crossing at-grade, the property, right of way and
m,1in track of the Rio Grande at its Hi.le Poat 8.54 in Arapahoe County,
Col or ado, a nd
Wltl:::REAS, The City desires replacement of the existing flashing
l i ght s igna ls ol Quincy Avenue, with new flashing light signals with gates
;i nd audible warning devices, herein ri'~ter called "new signals and gates''.
il!'I s hown on Dwg . No , S-984 attached , and
WIIEREAS I The City has ; .-1uested the Rio Grande provide and
i r.stall said new signals and gates at Quincy Avenue, and the Rio Grande is
willing to do so upon the terms and conditions herein set forth.
NOW, THEREFORE, in consideration of the premises and of the
mutual covenant s and agreements herein contained , th ? parties hereto
promise and agree as fol lows :
(1) Tha work to be performed and the installation to be made is
nt o public roadway, known as Quincy Avenue, crossing at-grade the
property, right of way and main track of the Rio Grandi! ,1t it1 Hile Poat
8 .S4 near South Santa Fe Drive in Arapahoe County, Colorado as shown on
lhe map, Dwg . No . E-195, hereto attached and hereby made a part hereof .
(2) The Rio Grande s:-tall furnish, at the City's sole cost and
expense, all labor, materials and supplies to install the new signals and
gates at Quincy Avenue. The total estimated coats of labor, mterials and
supplies for aaid installation is $98,620.00.
The Rio Grande understands under the provision, of Section 203
o[ the Federal Highway Safety Acta of 1973 and 1976, the cost of
installation of the new signals and gntes will be 90% Federal funded if
approved .
(3) Upon execution of thin Agreement by tt-e City and Rio Gr.ande,
the City shall file with the Public Utilities Commission of the State of
Colorado an application for authority to install new signals and gates at
Quincy Avenue.
I
I
(2)
(4) The installation of 1aid new signals and gate ■ will be in
,n:c ordance with apecificationa of the Public Utiliti11 Conani11ion of the
Sl ale of Colorado and in accordance with the 1t1ndard1 and 1pecification1
1)( Lhe Assoi:iation of American Railroads.
(~) Upon completion of lhe installation of the new signals and
~:11,•s, 1he Rio Gr.inde shall thereafter operate and 111intain the new
s i):11:1ls and gates at its sole cosl and expense.
(6) The provisions of this Agreement shall not become effective
until approval thereof has been obtained by a final order of the Public
\ltilities Commission of the State of Colorado ,
(7) 1n the event the Public Utilitiea Commission of the 1'tate of
1:,,lorado rails to grunt appropriate authority for in1tall1tion of the new
:.ignnl9 and gates. then this Agreement shall be declared null and void.
(8) All the covenants herein contained s hall be binding upon and
111ure to the b e nerit of the successors and assigns of the parties hereto
rl•~pect ively.
IN WITNESS \/HEREOF, The port ies hereunto have caused this
Agr1?e ment to be executed by their duly authorized officers the day and
yea r first above written.
ATTEST :
City Clerk
12/10/86 RCO 1-2
THE DENVER AND R 10 GRANDE
WESTERN RAILROAD COMPANY
By ___ ~---------Chief Engineer
CITY OF ENGLEWOOD
By ___ --:-,--------
Hayor
. ·t ... ____ f ----ft-•·••-,--·--+----~-........:C:::..-----· --· ·--·-· __ .j_"·<--0 ~: ____________ ' _______ :·_
.',),. --
-Da.f\GW MA.IN ..l.l:>."""""-----__._----,1:-~----'------'-~"-"""".,.,_
··--·· .. -·---·------·· ! .. · .... _____________ _ . . .... -··. -
D•RGVVRR'
ENGLEWOOD
Arapa'noe County
Cc:::>L-O~,..O.,.DO
AGREEME.N.T wrn-1 :
CIT''< OF ENGI...E:WOOD
scale i l "=\00 12.•8 •8(:,