HomeMy WebLinkAboutContract 15752 Tarrant County
Control 8648-2-6
Project MB 648(3)
CITY SECRETAft, Vickery Boulevard (MH 31)
CONTItACT In Fort Worth
DOT No. 797 6166
STATE OF TEXAS X
COUNTY OF TRAVIS X
THIS AGREEMENT, made on the dates hereinafter shown, by and between the
State of Texas , acting by and through the Bridge Engineer of the State Depart-
ment of Highways and Public Transportation, hereinafter called the State,
Party of the First Part, and the Missouri Pacific Railroad Company, a corpora-
tion , hereinafter called the Railroad, Party of the Second Part, acting by and
through their official contracting executives, and the City of Fort Worth, Texas,
hereinafter called the City, Party of the Third Part, acting by and through its
duly authorized contracting officers.
W I T N E S S E T H
WHEREAS, in connection with the Vickery Boulevard project, under the
Railroad mainline west of Railroad Milepost 253, in Fort Worth, Tarrant County,
Texas , the State and City propose to install by the jacking or borinq method,
Class V Reinforced Concrete Pipe on the Railroadt right-of-way as outlined in
this agreement and as indicated on the Exhibit A attached hereto and made a part
hereof, and
WHEREAS, it is understood that references to the State hereinafter apply
to obligations and considerations. during project construction, and that
references to the City hereinafter apply to continuing obligations and con-
siderations after completion of the project.
A G R E E M E N T
NOW, THEREFORE, in consideration of the premises and of the mutual covenants
and agreements of the partieshereto to be by them respectively kept and performed,
as hereinafter set forth, it is agreed as follows :
1. The Railroad hereby grants permission to the State and/or its contractor
to install the Reinforced Concrete Pipe on the Railroad 's right-of-way and under
its tracks as indicated on Exhibit A. Class V pipe will be used under the Rail-
roadstracks. Said pipe is to be installed by the jacking or boring method.
2. In order to provide for the safety of rail traffic , the Railroad may
provide, at State' s expense, flagmen during the period of performance of work in
or incident to the installation and construction of the reinforced concrete pipe.
3. The Railroad shall submit a cost estimate detailed in accordance with
Exhibit A, upon request by the State.
���LL REC�R,A D-5RR
CITY SECRETARY 1
6-18-85
FT. y"�CRTH, Try
4. The Railroad shall commence the work to be done within thirty (30)
days after having been issued a Work Order" by the State and shall proceed
without delay to completion. Payment will not be made for work done by the
Railroad which is performed at the project site prior to the "Work Order"
date. Materials used on the project should be assembled sufficiently in
advance to assure prompt delivery but reimbursement for any materials or
handling charges will be contingent upon the issuance of the "Work Order:"'
5. Upon completion of the installation of said Reinforced Concrete
Pipes , City, at its expense, shall maintain said pipe in a manner satisfactory
to Railroad.
6. PAYMENT. Upon completion of the work, the Railroad shall bill the
State, which will pay to the Railroad the cost of labor, materialsand expenses
incurred. Reimbursement to the Railroad 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 the app c
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.
7. CONDITIONS.
a. The State reserves the right to cancel this agreement for any
reason and at any time prior to the issuance of a "Work Order" by the State
to the Railroad to proceed with any part of the work outlined herein. The
State will not be responsible for any expense incident to any cost incurred
in the event of the cancellation of this contract.
b. The Railroad shall retain adequate cost accounting records for
auditing purposes for a period of three years after payment of the final bill .
c. It will be necessary the Railroad contact the District Engineer,
State Department of Highways and Public Transportation, a minimum of seven
days prior to actual commenoofwthe that State
P�pess may provide
inspection during the installation
$ 8. It is agreed that all existing agreements between the Railroad and
the City concerning licenses, permits, leases or easements at this location
shall remain in full force and effect.
9. All provisions concerning the State which are stipulated herein
shall automatically cease and terminate upon official completion of the project
and payment of the final bill .
10. The contract- or contracts to be let by the State for the construction
of the work to be undertaken by it herein shall provide:
D-5RR
2 6-18-85
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A. Standard Manufacturers ' and Contractors ' Liability In-
surance. The Contractor shall furnish evidence to the State
that, with respect to the operations he performs , he carries
regular Contractors ' Liability Insurance providing for a
limit of not less than one million dollars ($1, 000, 000 .00)
for all damages arising out of bodily injuries to/or death
of one or more persons in any one occurrence, and Property
Damage Liability Insurance providing for a limit of not
less than five hundred thousand dollars ($500 ,000 .00) for
all damages arising out of injury to/or destruction of prop-
erty in any one occurrence and subject to that limit per
occurrence, a total (or aggregate) limit of one million
dollars ($1,000 , 000 .00) for all damages arising out of in-
jury to/or destruction of property during the policy period.
If any part of the work is sublet similar insurance shall be
provided by or in behalf of the subcontractors to cover their
operations .'
B. Contractors ' Protective Liability Insurance . The Con-
tractor shall furnish evidence to the State that, with respect
to the operations performed for him by subcontractors , he
carries in his own behalf regular Contractors' Protective
Liability Insurance providing for a limit of not less than
one million dollars ($1, 000 , 000 .00) for all damages arising
out of bodily injuries to/or death of one or more persons
in anv one occurrence, and Protective Property Damage Liabil-
ity Insurance providing for a limit of not less than five
hundred thousand dollars ($500 , 000 .00) for all damages arising
out of injury to/or destruction of property in any one occur-
rence and subject to that limit per occurrence, a total (or
aggregate) limit of one million dollars ($1, 000 , 000 .00) for all
damages arising out of injury to/or destruction of property
during the policy period.
C . Railroads ' Protective Liability and Property Damage and
Phvsical Damage to Property Insurance. The Contractor shall
furnish an original policy to the State for and in behalf of
the company which, with respect to the operations he or any of
his subcontractors perform, provides the Standard Railroad
Protective Liability Policy, with coverage as outlined in
1
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3 D-5RR
Rev. B-31 -78
General Casualty Bulletins No. - 258, dated July 9, 1958, No. 345,
dated February 19, 1965, and No. 365, dated August 4, 1967,
issued by the State Board_ of Insurance of Texas, providing for
Bodily Injury, Death and Property Damage limited to a combined
amount of two million dollars ($2,000,000 .00) per occurrence,
and subject to a total (or aggregate) limit of six million
dollars ($6,000,000.00) .
D. General. The insurance, as specified in paragraphs A.
and B. above, shall be carried until all work required to
be performed under the terms of the contract is satisfactorily
completed as evidenced by the formal acceptance by the State.
The insurance, as specified in paragraph C. above, shall be
carried until all work to-be performed on the company' s right-
of-way has been completed and the temporary grade crossing, if
any, is no longer used by the Contractor.
11. Compliance with Title VI of The Civil Rights Act of 1964.
During the performance of this contract, the railroad (referred to as
the "contractor" in the following paragraphs numbered 1 through 6) , for
itself, its assignees and successors in interest, agrees to comply with
the following six paragraphs except in those instances where work under-
taken under this agreement is performed by its own forces .
(1) Compliance with Regulations : The contractor will comply with the
Regulations of the Department of Commerce relative to nondiscrimination
in federally-assisted programs of the Department of Commerce- (Title 15,
Code of Federal Regulations, Part 8, hereinafter referred to as the
Regulations) , which are herein incorporated by reference and made a
part of this contract.
(2) Nondiscrimination: The contractor, with regard to the work per-
formed by it after award and prior to completion of the contract work,
will not discriminate on the ground of race, color, or national origin
in the selection and retention of subcontractors, including procure-
ments of materials and leases of equipment. The contractor will not
participate either directly or indirectly in the discrimination pro-
hibited by Section 8.4 of the Regulations, including employment practices
when the contract covers a program set forth in Appendix A-II of the
Regulations .
D-5RR
4 Rev. 9-30-80
(3) Solicitations for Subcontracts , -Including Procurements of Materials
and Equipment: In all solicitations either by competitive bidding or
negotiation made by the contractor for work to be performed under a sub-
contract, including procurements of materials or equipment, each potential
-subcontractor or supplier shall be notified by the contractor of the con-
tractor' s obligations under this contract and the Regulations relative
to nondiscrimination on the ground of race, color, or national origin .
(4) Information and Reports: The contractor will provide all informa-
tion and reports required by the Regulations , or orders and instructions
issued pursuant thereto, and will permit access to its books , records,
accounts, other sources of information, and its facilities as may be
determined by the State or the Federal Highway Administration to be
pertinent to ascertain compliance with such Regulations, orders and in-
structions . Where any information required of a contractor is in the
exclusive possession of another who fails or refuses to furnish this
information, the contractor shall so certify to the State, or the
Federal Highway Administration as appropriate, and shall set forth what
efforts it has made to obtain the information.
(5) Sanctions for Noncompliance: In the event of the contractor' s
noncompliance with the nondiscrimination provisions of this contract,
the State shall impose such contract sanctions as it or the Federal
Highway Administration may determine to be appropriate, including, but
not limited to,
(a) withholding of payments to the contractor under the contract
until the contractor complies, and/or
(b) cancellation, termination or suspension of the contract, in
whole or in part.
(6) Incorporation of Provisions : The contractor will include the
provisions of paragraphs (1) through (6) in every subcontract, including
procurements of materials and leases of equipment, unless exempt by the
Regulations, order, or instructions issued pursuant thereto. The con-
tractor will take such action with respect to any subcontract, or procure-
ment as the State or the Federal Highway Administration may direct as a
means of enforcing such provisions including sanctions for noncompliance :
Provided, however, that, in the event a contractor becomes involved in,
or is threatened with, litigation with a subcontractor or supplier as a
result of such direction, the contractor may request the State to enter
into such litigation to protect the interests of the State, and, in addi-
tion, the contractor may request the United States to enter into such
litigation to protect the interest of the United States .
5 D-5RR
Rev. 3-25-77
IN TESTIMONY WHEREOF , the parties hereto have caused these
presents to be executed in triplicate on the dates indicated.
MISSOURI PACIFIC RAILROAD
COMPANY THE STATE OF TEXAS
Certified as being executed for
B : the purpose and effect of acti-
(Title) D to vating and/or carrying out the
" �
Vice President-Operation orders , established poli
work programs heretoforecaeS p or
ATTEST: �
and authorized by the State High-
(Seal) way and Public Transportation
Commission:
n �B .
Asst. S cr tary f r Company e n g gineer Da nder authority of State Highway
RECOMMENDED: and Public Transportation Com-
mission Minute Order- No . 82513.
(Title) RECOMMENDED FOR' APPROVAL:
(Title)
D ' t
rict t Engineer
APPROVED AS TO FORM:
Supe ising Office Engineer
Attorney for Company
CITY OF FORT WORTH
C.
B
(Title) Date
ATTEST:
(Seal)
Title) J
Contract Authorization
6
Date D-5 RR
Rev. 1-25-85
City of Fort Worth, 'rexas
Mayor and Council Communication
DATE REFERENCE SUBJECAGREEMENT BETWEEN S.D.H.P.T. , MISS URI PAGE
*AMBER PACIFIC R.R. COMPANY AND CITY-WEST VI KER1Y., 1
9/10/85 C-9226
BOULEVARD, 0. E WEST OF
MARYS CREEK
RECOMMENDATION
It is recommended that the City Manager be authorized to execute the agreement
with the State Department of Highways and Public Transportation and Missouri
Pacific Railroad Company to provide for the construction of a storm drain
system across the Missouri Pacific Railroad right-of-way.
BACKGROUND
On January 29, 1980 (M&C G-4442) , the City Council passed a resolution
accepting the provisions of S.D.H.P.T. Minute Order No. 76626 for the expansion
of Vickery Boulevard from 0.1 mile west of S.H. 183 (old I.H. 820) to Marys
Creek as a part of the 1979 - 80 Urban Systems Program. A larger culvert under
the Missouri-Pacific track is required as part of this project to relieve
upstream flooding in Fort Worth.
PAYMENT FOR CONSTRUCTION
Upon completion of the work, the Railroad will bill. the State for the cost of
labor, materials and expenses incurred. Reimbursement to the Railroad will be
made -by S.D.H.P.T. for work performed and materials furnished, including but
not limited to, insurance premiums and coverage at the rate and amount set
forth in the cost estimate which has been mutually agreed upon by S.D.H.P.T and
MOPAC R.R. Company. The S.D.H.P.T. will make payment from Urban Systems funds
allocated to the City of Fort Worth. The City of Fort Worth wi l l maintain the
system after construction is complete.
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C:,P o:Fog T .
SUBMITTED FUR Ittt r
CITY MANAGER'S 7 DISPOSITION BY COUNCIL: PROCESSED BY
OFFICE BY �l.C. APPROVED
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ORIGINATING L OTHER (DESCRIBE)
DFPARTMENT HEAD: Gary L. Santerre CITY SECRETARY
FOR ADDITIONAL INFORMIETIO'f l. Parten Ext. 7904
CONTACT. DATE
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t: City of Fort `worth, Texas
Mayor and Council Communication��- ,!!��j--'
4 1�' - AZ__
DATE REFERENCE SUBJEcAGREEMENT BETWEEN S.D.H.P.T. , MISS URI PAGE
NUMBER PACIFIC R.R. COMPANY AND CITY-WEST VI KE Y 1
9/10/85 C-9226 BOULEVARD 0.1 MILE WEST F .H. °f
MARYS CREEK
RECOMMENDATION
It is recommended that the City Manager be authorized to execute the agreement
with the State Department of Highways. and Public Transportation and Miasouri
pacific Railroad Com aAnv to provide for the construction of a storm drain
system across the Missouri Pacific Railroad right-of-way.
BACKGROUND
On January 29, 1980 (M&C G-4442) , the City Council passed a resolution
accepting the provisions of S.D.H.P.T. Minute Order No. 76626 for the expansion
of Vickery Boulevard from 0.1 mile west of S.H. 183 (old I.H. 820) to Marys
Creek as a part of the 1979 - 80 Urban Systems Program. A larger culvert under
the Missouri-Pacific track is required as part of this project to relieve
upstream flooding in Fort Worth.
PAYMENT FOR CONSTRUCTION
Upon completion of the work, the Railroad will bill the State for the cost of
labor, materials and expenses incurred. Reimbursement to the Railroad will be
made by S.D.H.P.T. for work performed and materials furnished, including but
not limited to, insurance premiums and coverage at the rate and amount set
forth in the cost estimate which has been mutually agreed upon by S.D.H.P.T and
MOPAC R.R. Company. The S.D.H.P.T. will make payment from Urban Systems funds
allocated to the City of Fort Worth. The City of Fort Worth wi l l maintain the
system after construction is complete.
DAI :dh
S'„DMITT ED FOR IHt. ,/,
,IT', MANAGER S DISPOSITION BY COUNCIL_ PROCESSED BY
!:FFICE BY APPROVED
ORIGINATiN OTHER (DESCRIBE)
DEPARTMENT HEAD. Gary L. Santerre CITY SECRETARY
FOR ADDITIONAL INFORMF!OPM Parten Ext. 7904
CONTACT. DATE
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CITY OF FORT WORTH TEXAS wP�l►�®�,�1 Armg- .�
September 17, 1985 TRANSPORTATION AND PUBLIC WORKS DEPARTMENT
1000 THROCKMORTON STREET
FORT WORTH, TEXAS 76104
870-7800 / AREA CODE 817
I
State Department of Highways
and Public Transportation
P. 0. Box 6868
Fort Worth, Texas 76115 t
Attn: Billy A. Hardie, District Design Engineer
SUBJECT: CONTROL 8648-02-006
PROJECT MB 648 (3)
VICKERY BOULEVARD AT MISSOURI PACIFIC RAILROAD
DOT NO. 797 616B
TARRANT COUNTY i
Dear Mr. Hardie:
I
We are returning herewith three copies of the subject agreement which
we have executed. Also enclosed are three certified copies of M&C j
C-9226 authorizing the City's participation in the agreement.
We note that one signature for Missouri Pacific is missing. If the
missing signature is necessary, please acquire it from Missouri
Pacific, and return our copy after your office has executed.
Thank you for your efforts in this matter.
Sincerely, �
G. Dallas Williams, Deputy Director
GDW:tm
Enclosures: 1 . 3 signed copies of Agreement.
2. 3 certified copies of M&C
cc: VfRuth Alexander, City Secretary
File
City of Fort `worth, Texas
Mayor and Council Communication
DATE NUMBER NCE SUBJEcAGREEMENT BETWEEN S.D.H.P.T. , MISS URI PAGE
9/10/85 **C-9226 PACIFIC R.R. COMPANY AND CITY-WEST VI KER�Y.f 1_
BOULEVARD, 0.1 MILE WEST OF S.H. 183
MARYS CREEK
RECOMMENDATION
It is recommended that the City Manager be authorized to execute the agreement
with the State Department of Highways and Public Transportation and Missouri
Pacific Railroad Company to provide for the construction of a storm drain
system across the Missouri Pacific Railroad right-of-way.
BACKGROUND
On January 29, 1980 (M&C G-4442) , the City Council passed a resolution
accepting the provisions of S.D.H.P.T. Minute Order No. 76626 for the expansion
of Vickery Boulevard from 0.1 mile west of S.H. 183 (old I.H. 820) to Marys
Creek as a part of the 1979 - 80 Urban Systems Program. A larger culvert under
the Missouri-Pacific track is required as part of this project to relieve
upstream flooding in Fort Worth.
i
PAYMENT FOR CONSTRUCTION
Upon completion of the work, the Railroad will bill the State for the cost of
labor, materials and expenses incurred. Reimbursement to the Railroad will be
made -by S.D.H.P.T. for work performed and materials furnished, including but
not limited to, insurance premiums and coverage at the rate and amount set
forth in the cost estimate which has been mutually agreed upon by S.D.H.P.T and
MOPAC R.R. Company. The S.D.H.P.T. will make payment from Urban Systems funds
allocated to the City of Fort Worth. The City of Fort Worth wi l l maintain the
system after construction is complete.
DAI :dh
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SUBMITTED FOR IH[ r
CITY MANAGER'S DISPOSITION BY COUNCIL: PROCESSED BY
OFFICE BY L APPROVED
v
ORIGINATING [ OTHER (DESCRIBE)
DFPARTMENT HEAD: Gary L. Santerre CITY SECRETARY
cno enninnue wrnoutlnNl n_._i__ r.— -7nne
THE STATE OF .
COUNTY OF TV iNT
1, RUTH ALEXANDER, City Secretary of the City
of Fort Worth, Texas, do hereby certify that-the abo a and foregoing is
a true and correct copy of e—
duly presented and adopted by the City Council of the City of Fort Worth,
Texas, at a regular session held on the /4� $'(- day of
,S F its A.D. 11 BS, same appears of
\` record in .de ���E /,v C�TJ�cS f T.�•lf!
WITNESS MY H [ nd the Offici Seal of the City of Fort
Worth, Texas, this the V day of� A.D. 19.4&r