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HomeMy WebLinkAboutContract 16962 CITY SECRETARY CONTRACT c u-- C- 12�3 New- Public Road Crossing Qbntraot Llr$orJZ&t at M.P. 1 . 30 Carter Industrial Lead Track No. 36-60 - `\ 1 Fort Worth, Texas ftte TH S AGREEMENT , made and entered into as of the day of 1/'I A_.- 19 , by and between MISSOURI PACIFIC RAILROAD COMPANY , a Delaware corporation ( hereinafter the "Railroad Company" ) , and the CITY OF FORT WORTH , a municipal corporation of the State of Texas ( hereinafter the "Political Body" ) , WITNESSETH : RECITALS : 7 The Political Body desires to undertake 'as its Project the construction of an at-grade crossing at Will Rogers Boulevard , Engineer ' s Chainage Station ( ECS ) 68+58 , at or near Fort Worth , Tarrant County , Texas (herinafter the "Project" ) . The Political Body desires the right to use that portion of the right of way of the Railroad Company at Mile Post- 1 . 30 Carter Lead , Engineer 's Chainage Station ( ECS ) 68-t--3 ( hereinafter the "Crossing Area " ) shown outlined in heavy solid lines on the attached prints dated August 10, 1988 , mark,Qd Exhibit-A, sheets 1 and 2, for the Project . AGREEMENT : NOW , THEREFORE , it is mutually agreed by and between the parties hereto as follows : Article I. RAILROAD COMPANY GRANTS RIGHT . For and in consideration of the Political Body's agreement to perform and abide by the terms of this Agreement , including Exhibits A and B , attached hereto , the Railroad Company hereby grants to the Political Body, the right to establish , construct , maintain , repair , renew and use a public highway at grade across the Crossing Area , together with the right of entry to control and remove from the Railroad Company's right of way, on each side of the Crossing Area , weeds and vegetation which may obstruct the view of motorists approaching the Crossing Area to trains approaching the Crossing Area. Article II . WORK TO BE DONE BY THE RAILROAD COMPANY. ( a ) The Railroad Company may make any and all changes , alterations or relocations , whether temporary or permanent , and may provide flagging and other protective services and devices , which in the Railroad Company ' s judgment may be or become necessary or expedient because of the Project . Such work shall include , without limitation , ( 1 ) installation of two 40-foot concrete crossings, ( 2 ) installation of subgrade filter fabric and perforated drain pipe, ( 3) relay and field weld rail , ( 4) renewal of crossties and ballast , ( 5 ) installation of four mast mounted flashing light signals, all as shown in Exhibit "A" hereto and incorporated herein . The Railroad Company shall , at its sole cost and expense maintain , repair , and replace the warning devices installed hereunder : PROVIDED , HOWEVER, that this provision shall not negate the Railroad Company ' s eligibility for any further federal , state or local or other public funds that may become available for the maintenance of said devices . ( b) The Political Body agrees to pay the Railroad Company the actual cost of the Railroad Company ' s work performed and materials supplied as hereinabove set forth , not to exceed $ 113 , 329 . 00 . Actual costs to the Railroad Company include customary additives to materials and services provided by the Railroad Company. Notwithstanding any other provision in this Agreement or Exhibits hereto , it is understood and agreed that the Political Body shall not be obligated to pay Railroad Company any amount in excess of the aforesaid $ 113 , 329 . 00 for work or services performed hereunder by Railroad Company, its agents , employees , contractors and/or subcontractors unless prior approval of any excess amount is given by Political Body by action of its City Council . Article III . AMENDMENT OF EXHIBIT B AND B-1 . 1 . Section 1 (e) is deleted from Exhibit B, hereto attached . 2 . In the first line of Section 6 delete the words "elect, or" from Exhibit B. 3 . In the fourth line of Section 8 (d) of Exhibit B, delete the word "of" and insert the words "of Political Body' s work on" . 4 . In Exhibit B- 1 , 1st paragraph , delete the second and third sentences entirely and substitute the following : "The fol- lowing insurance shall be kept in force during the period of any construction or maintenance by Political Body and/or its Contractor/Subcontractor (other than the Railroad Company) on the Project . In the alternative, Political Body may elect , after con- struction of the Project , to self-insure against any of its lia- bility related to or arising out of the Project in lieu of the requirements of this Exhibit" . -2- i i Exhibit B-�1 , 2nd paragraph , delete " $2 , 000 , 000" and substitute "$ 1 , 000, 000 . Article IV. EFFECTIVE DATE; TERM. This Agreement shall become effective as of the date first herein written , or the date work commences on the Project , which- ever is earlier , and shall continue in full force and effect until terminated as herein provided . IN WITNESS WHEREOF , the parties have caused this Agreement to be executed in duplicate as of the date first herein written . WITNESS: MISSOURI PACIFIC RAILROAD COMPANY a Title: 0 CTOR•CONTRACTS & REAL ESTA E ATTEST : CITY OF FORT WORTH , TEXAS c Title: By (Seal ) Its : Assi% (f Pursuant to Resolution/Order (Mrc) No. C-11.293 , dated Aloe. �S 199'F , hereto attached . APPROVED AS TO FORM AND LEGALITY: Asst. City Attorney CCont Authorization Date - -3- 'HC'880501 ' =crm Aoproveb. ,MVP-law EXHIBIT 8 Public Highway Crossing Section I. CONDITIONS AND COVENANTS. (a) The Railroad makes no covenant or warranty of title for quiet possession or against encumbrances. The Political Body shall not use or permit use of the Crossing Area for any purposes other than those described iI this Agreement. Without limiting the foregoing, the Political Body shall not use or permit use of the Crossing Area for railroad purposes. or for gas, of I or gasoline pipe lines. Any lines constructed on the Railroad's property by or under authority of the Political Body for the purpose of conveying electric power or communicationi incidental to the Political Body's use of the property for highway purposes shall be constructed in accordance with specifications and requirements of the Railroad, and in such manner as not adversely to affect communication or signal lines of the Railroad or its licensees now or hereafter located upon said property. No nonparty shall be admitted by the Political Body to use or occupy any part of the Railroad's property without the Railroad's written consent. Nothing herein shall obligate the Railroad to give such consent. (b) The Railroad reserves the right to cross the Crossing Area with such railroad tracks as may be required for its convenience or purposes in such manner as not unreasonably to interfere with its use as a public highway. In the event the Railroad shall place tracks upon the Crossing Area, the Political Body shall, at its sole cost and expense, modify the highway to conform with the rail line. (c) The right hereby granted is subject to any existing encumbrances and rights (whether public or private), recorded or not, and also to any renewals thereof. The Po litical Body shall not damage, destroy or interfere with the property or rights of nonparties in, upon or relating to the railroad property, unless the Political Body at its ow-,a Avrwnse settles with and obtains releases frpm such nonparties. (d) The Railroad reserves the right to use and to grant to others the right to use the Crossing Area for any purpose not inconsistent with the right hereby granted, including, but not by way of limitation, the righ' to construct, reconstruct, maintain, operate, repair, alter renew and replace tracks, facilities and appurtenances on the property; also the right to cross the Zrossing Area with all kinds of equipment. The Railroad further reserves the rigght to attach si nal, conniunication or power lines to any highway facilities located upon the property, provided that such a4achments shall comply with Political Body's specifications and will not interfere with the use of the Crossing Area. RB�FFea�=4 (f) If any property or rights other than the right hereby granted are necessary for the construction, nuintenance and use of the highway and its appurtenances, or for the performance of any work in connection with the Project, the Po litical Body will acquire all such other property and rights at its own expense and without expense to the Railroad. Section 2. CONSTRUCTION OF HIGHWAY. (a) The Political Body, at its own expense, will apply for and obtain all public authority required by law, ordinance, rule or regulation for the Project, and will furnish the Railroad upon request with satisfactory evidence that such authority has been obtained. (b) Except as may be otherwise specifically provided herein, the Political Body, at its own expense, will furnisn all necessary labor, material and equipment, and shall construct and complete the highway and all appurtenances thereof. The appurtenances shall include, without limitation, all necessary and proper highway warning devices (except those installed by the Railroad within its right-of-way), and all necessary and proper drainage facilities, guard rails or barriers, and right of way fences between-the highway and the-railroad tracks. Upon completion of the Project, the Political Body shall remove from the Railroad's property all temporary structures and false work, and will leave the Crossing Area in a condition satisfactory to the Railroad (c) The Railroad will receive no ascertainable benefit from the construction of the Project, and, except as may be specifically provided herein, shall not be required to pay or contribute any part of the cost thereof. If the Project is to be financed in whole or in part by Federal funds, all construction work by the Political Body shall be performed, and any reimbursement to the Railroad for work it perform shall be made, in accordance with the applicable Federal acts, regulations, and this Agreement. (d) All construction work of the Political Body upon the Railroad's property (including, but not limited to, construction of the highway.and all appurtenances and all related and incidental work) shall be performed and completed in a manner satisfactory to the Chief Engineer of the Railroad•or his authorized Wahl IT e i =14C, 980301 . =orm Aooroved. AVP-law representative and in accordance with detailed plans and specifications prepared by and at the expense of the Political Body, and approved in writing by the Railroad's Chief Engineer. (e) All construction work of the Political Body shall be performed diligently and completed within a reasonable time, and in any event within three (3) years from the effective date of this Agreement, or within suct ;urtner period of time as may be specified in writing by the Railroad's General Manager. No part of the Project Shall be suspended, discontinued or unduly delayed without the Railroad's written consent, and subject to such reasonable conditions as the Railroad fray specify. It is understood that the Railroad's tracks at and in the vicinity of the work will be in constant or frequent use during progress of the work and that movement or stoppage of trains, engines or cars may cause delays in the work of the Political Body. The Political Body hereby assumes the risk of any such delays and agrees that no claim; for damage on account of any delay shall be made against the Railroad. (f) If the Project includes construction of a structure over which trains are to be operated, or for which the Railroad has any responsibility for maintenance, the Political Body shall furnish the Railroad permanent reproducible prints of all design and shop drawings as soon as possible after approval by the Chief Engineer of the Railroad or his authorized representative. Upon completion of construction, the Political Body shall furnish the Railroad two sets of "as constructed" prints and, in addition, upon request of the Chief Engineer of the Railroad, "as constructed' permanent reproducible prints of all or any portion of the structure. Section 3. INJURY AND DAMAGE TO PROPERTY. If the Political Body, in the performance of any work contemplated by this Agreement or by the failure to do or perform anything for which the Political Body is responsible under the provisions of this Agreement, shall injure, damage or destroy any property of the Railroad or of any other person lawfully occupying or using the property of the Railroad, such property shall be replaced or repaired by the Political body at the Political Body's own expense, or by the Railroad at the expense of the Political Body, and to the satisfaction of the Railroad's Chief Engineer. Section 4. PAYMENT FOR WORK BY THE RAILROAD COMPANY. (a) Bills for work and materials shall be paid by the Political Body promptly upon receipt thereof. The Railroad will submit to the Political Body current bills for flagging and other protective services and devices during progress of the Project. The Railroad will submit final billing for flagging and other protective services within one hundred and twenty (120) days after completion of the Project, provided the Po litical Body advises the Railroad of the commencement of the 120-day period by giving the Railroad written notification of completion of the Project. (b) The Railroad may contract for the performance of any of its work by other than railroad forces. The Railroad shall notify the Political Body of the contract price within ninety (90) days after it is awarded. Unless the Railroad's work is to be performed on a fixed price basis, the Po litical Body shall reimburse the Railroad for the amount of the contract. Section 5. MAINTENANCE. (a) If the Project involves a grade crossing: (1) The Political Body shall, at its own sole expense, maintain, repair, and renew, or cause to be maintained, repaired and renewed, the entire Crossing Area, except the portions between the track tie ends, which shall be maintained by and at the expense of the Railroad. (2) If, in the future, the Political Body elects to have the•surfacing material betwom-the track tie ends, or between tracks if there fs more than one railroad track across the Cross in Area, replaced with paving or some surfacing material other than timber planking, the Railroad, at the Political Body's expense, shall instal such replacement surfacing, and in the future, to the extent repair or replacement of the surfacing is necessitated by repair or rehabilitation of the Railroad's tracks through the Crossing Area, the Political Body shall bear the expense of such repairs or replacement. (b) If the Project involves a public highway crossing under the Railroad's tracks: (1) The Political Body shall, at its own sole expense, maintain, repair, and renswv- or cause to be maintained, repaired and renewed, the entire substructure of the highway-railroad grade separation structure. (2) The Railroad shall, at its own sole expense, maintain and repair, or cause to be maintained and repaired, the entire superstructure of the highway-railroad grade separation structure. (c) If the Project involves a public highway crossing over the Railroad's tracks, the Political Body shall , at its own sole expense, maintain, repair, and renew, or cause to be maintained, repaired, and renewed, the entire highway-railroad grade separation structure. CWIDI r o =!!C•9.80 501 .orm Aoorovea. AVP-haw Section o. CHANGES IN GRADE. 'f at any time the Railroad shall e+ee+—,-or be required by caroetent authority to, raise or lower the grape or ail or any portion of the track or Tracks located on the Crossing Area, the Political Body shall, at its own expense. conform The public highway in the Crossing Area to conform with the change of grade of the trackage. Section 1. REARRANGEMENT OF WARNING DEVICES. If the change or rearrangement of any warning device installed hereunder is necessitated for public or Railroad convenience or on account of improvements for either railroad, highway or both, the parties will apportion The expense incidental thereto between themselves by negotiation, agreement or by the order of a competent authority before the change or rearrangement is undertaken. Section 8. SAFETY MEASURES; PROTECTION OF RAILROAD COMPANY OPERATIONS. It is understood and recognized that safety and continuity of the Railroad's operations and communications are of the utmost importance; and in order that the same may be adequately safeguarded, protected and assured, and in order that accidents mar be prevented and avoided, it is agreed with respect to all of said work of the Political Body that the work will be performed in a safe manner and in conformity with the following standards: (a) Definitions. All references in this Agreement to the Political Body shall include the Political Body's contractors, su ontractors, officers, agents and employees, and others acting under its or their authority; and all references in this Agreement to work of the Political Body shall include work both within and outside of railroad property. (b) Comolianb:e With Laws. The Political Body shall comps with all applicable federal, state and local laws, regulations and enactments a fecting the work. The Political Body shall use only such methods as are consistent with safety, !;:kite, W concerns the Political Body, the Political Body's agents and employees, the officers, agents, employees and property of the Railroad and the public in general. The Political Body (without limiting the generality of the foregoing) shall comply with all applicable state and federal occupational safety and health acts and regulations. Al I Federal Railroad Alaninistration regulations shall be followed when work is performed on the Railroad's premises. If any failure by the Political Body to comply with any such iaws, regulations, and enactments, shall result in any fine, penalty, cost or charge being assessed, imposed or charged against the Railroad, the Political Body shall reimburse and indemnify the Railroad for any such fine, penalty, cost, or charge, including without limitation attorney's fees, court costs and expenses. The Political Body further agrees in the event of any such action, upon notice thereof being provided by the Railroad, to defend such action free of cost, charge, or expense to the Railroad. (c) No Interference or Delays. The Political Body shall not do, suffer or permit anything which will or may obstruct, endanger, in er tere w th, hinder or delay maintenance or operation of the Railroad's tracks or facilities, or any commnication or signal lines, installations or any appurtenances thereof, or the operations of others lawfully occupying or using the Railroad's property or facilities. aF T'ol;+�cr.f �a�'�'r <alosk qw (d) Supervision. The Po litical Body, at its own expense, shall adequately police and 'supery i so all work to be Der formed—br Te Political Body, and shall not inflict injury to persons or damage to property for the safety of whom or of which the Railroad may be responsible, or to property o%the Railroad. The responsibility of the Political Body for safe conduct and adequate policing and supervision�F the Project shall not be lessened or otherwise affected by the Railroad's approval of plans and specifications, or by the Railroad's collaboration in performance of any work, or by the presence at the work site of the Railroad's representatives, or by compliance by the Political Body with any requests or recommendations made by such representatives. If a representative of the Railroad is assigned to the Project, the Political Body will give due consideration to suggestions and recommendations made by such representative for the safety and protection of the Railroad's property and operations. (e) Suspension of Work. If at any time the Political Body's engineers or the Chief Engineer of the Railroad or their respect ive representatives shall be of the opinion that any work of the Po litical Body is being or is about to be done or prosecuted without due regard and precaution for safety and security, the Political Body shall immediately suspend the work until suitable, adequate and proper protective measures are adopted and provided. (f) Removal of Debris. The Political Body shall not cause, suffer or permit material or debris to be deposited or cast upon, or o s ide or fall upon any property or facilities of the Railroad; and any such material and debris shall be pramptly removed from the Railroad's property by the Political Body at the Political Body's own expense or by the Railroad at the expense of the Po litical Body. The Po litical Body shall not cause, suffer or permit any snow to be plowed or cast upon the Railroad's property during snow removal from the Crossing Area. (g) Explosives. The Political Body shall not discharge any explosives on or in the vicinity of the property without Railroad's the prior consent of the Railroad's Chief Engineer, which shall not be given if, in the sole discretion of the Railroad's Chief Engineer, such discharge would be dangerous,or would interfere with the Railroad's property or facilities. For the purposes hereof, the "vicinity of the Railroad's property shall 'uC 880301. =orm Aoorovea. AVP-Law oe deemeo to be any place on the Railroad's property or in such close proximity to the Railroad's property that 'he discharge of explosives could cause injury to the Railroad's empl0yees or other persons, or cause damage to c nterference with the facilities or operations on the Railroad's property, The Railroad reserves the right to ;moose sucn conaitions, restrictions or limitations on the transportation, handling, storage security ana use of explosives as the Railroad, in the Railroad's sole discretion, may deem to be necessarys desirable or appropriate. In addition to any conditions, restrictions or limitations as may be specifically imposed: (1) Unless the Railroad's Chief Engineer agrees otherwise, the Political Body shall provide no less than 48 hours notice, excluding weekends and holidays, before discharging any explosives. (2) Any explosives loaded in holes or placed or otherwise readied for discharge on a day shall be discharged on the same day during daylight hours, and at mutually acceptable times. (3) The Political Body, at its own expense, shall take all precautionary measures and construct all temporary shelters necessary to guard against danger of damage, destruction or interference arising out of or connected with any blasting or any transportation, handling, storage, security or use of explosives. (4) The Political Body shall require explosives to be transported, handled, stored or otherwise secured and used in a manner satisfactory to the Railroad and in accordance with local, state and Federal laws, rules and regulations, including, without limitation, United States Department of Labor, Bureau of Labor Stanaaras, Safety and Health Regulations for Construction, 29 CFR Part 1518, Subpart U—"Blasting and the Use of Explosives"; and Occupational Safety and Health Administration Occupational Safety and Health Standards, 29 CFR Part 1910, Subpart H—"Hazardous Materials". (h) Obstructions to View. Except as otherwise specifically provided herein, the Political Body shall not cause or permit the view along the tracks of the Railroad to be obstructed, nor place any combustible materia on the premises, nor erect any structures thereon. If public law or regulation requires control or removal of weeds or vegetation on each side of the Crossing Areas the Po litical Body will perform such control or removal work without expense to the Railroad or, if the Political Body may not lawfully perform the control or removal work, reimburse the Railroad for the cost of performing such control or removal. If the crossing is not equipped with automatic train activated warning devices with gate arms: (1) The Political Body shall control or repave weeds-and vegetation within and on each side of thi Crossing Area so that the view of approaching motorists to approaching trains is not obstructed by weeds or vegetation; and (2) Insofar as it may lawfully may do so, the Political Body will not permit non-parties to construct sight obstructing buildings or other permanent structures on property adjacent to the right-of-way. (i) Excavation. The Political Body shall not excavate from existing slopes nor construct new slopes which are excessive ana may create hazards of slides or falling rock, or impair or endanger the clearance between existing or new slopes and the tracks of the Railroad. The Political Body shall not do or cause to be done any work which will or may disturb the stability of any area or adversely affect the Railroad's tracks or facilities. The Po litical Body, at its own expense, shall install and maintain adequate shoring and cribbing for all excavation and/or trenching performed by the Political Body in connection with construction, maintenance or other work. The snoring and cribbing shall be constructed and maintained with materials and in a manner approved by the Railroad's Chief Engineer to withstand all stresses likely to be encountered, including any stresses resulting from vibrations caused by the Railroad's operations in the vicinity. (j) Drainage. The Political Body, at the Political Body's own expense, shall provide and maintain suitable facili ies for draining the highway and its appurtenances, and shall not suffer or permit drainage water therefrom to flow or collect upon property of the Railroad. The Political Body, at the Political Body's own expense, shall provide adequate passageway for the waters of any steams, bodies of water and drainage facilities (either natural or artificial, and including water from the Railroad's culvert and drainage facilities), so that said waters Trey not, because of any facilities or work of the Political Body, be impeded, obstructed, diverted or caused to back up, overflow or damage the property of the Railroad or any part thereof, or property of others. The Political Body shall not obstruct or interfere with existing ditches or drainage facilities. (k) Notice. Before commencing any work, the Political Body shall provide 48 hours prior notice (excluding weeKenos and holidays) to the Railroad's Chief Engineer. (1) Fiber Optic Cables. Fiber optic cable systA-m may be buried on the Railroad's property. Protection of t e fiber optic cable system is of extreme importance since any break could disrupt service to users result in business interruption and loss of revenue and profits. Political Body shall telephone the Railroaa at 1-800-536-9193 (a 24-hour number) to determine if fiber optic cable is buried anywhere on the Railroad's premises to be used by the Political Body. If it is, Political Body will telephone the telecommunications comoanv(ies) involved, arrange for a cable locator, and make arrangements for relocation or other protection of the fiber optic cable prior to beginning any work on the Railroad's premises. �xauri�r s =HC 880301. =orm Aoorovea. AVP-taw Section 9. INTERIM WARNING DEVICES. If at anytime it is determined-by-a ccnmtent authority, by the Political Body, or by agreement between the parties, that new or improved train activated warning devices snouId be installed at the Crossing Area. the Political Body shall install adequate temporary warning devices or signs and impose appropriate vehicular control measures to protect the motoring public until the new or improved devices have been installed. Section 10. OTHER RAILROADS. All protective and indemnifying provisions of this Agreement shall inure to the benefit of the Railroad and any other railroad company lawfully using the Railroad's property or facilities. Section 11. REMEDIES FOR BREACH OR NONUSE. (a) If the Political Body shall fail, refuse or neglect to perform and abide by the terms of this Agreement, the Railroad, in addition to any other rights and remedies, may perform any work which in the judgment of the Railroad is necessary to place the highway and appurtenances in such condition as will not menace, endange or interfere with the Railroad's facilities or operations or jeopardize the Railroad's employees; and the Political Body will reimburse the Railroad for the expenses thereof. (b) Nonuse by the Political Body of the Crossing Area for public roadway purposes continuing at any time for a period of eighteen (18) months shaiI, at the option of the Railroad, work a termination of this Agreement and of all rights of the Po litical Body hereunder. (c) The Po iiticaI Body will surrender peaceable possession of the Crossing Area upon termination of this Agreement. Termination of this Agreement shall not affect any rights, obligations or liabilities of the parties, accrued or otherwise, which may have arisen prior to termination. Section 12. MOOIFICATION - ENTIRE AGREEMENT. No waiver, modification or amendment of this agreement shall be of any force or effect unless made in writing, signed by the Political Body and the Railroad and specifying with particularity the nature and extent of such waiver, modification or amendment. Any waiver by the Railroad of any default by the Po litical Body shall no affect or impair any right arising from any subsequent default. This Agreement and Exhibits attached hereto and made a part hereof constitute the entire understanding betweert-the Political Body and the Railroad and cancel and supersede any prior negotiations, understandings or agreements, whether written or oral, with respect to the work or any part thereof. Section 15. ASSIGNMENT; SUCCESSORS AND ASSIGNS. This Agreement shall not be assigned without the written consent of the Railroad. Subject hereto, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their successors and assigns. HC%PHE !NS-880501 EXHIBIT B-I Public Road Insurance Requirements Political Body and/or its Contractor/Subcontractor shall, at its own and/or its Contractor's/Subcontractor's sole cost and expense, procure the following kinds of insurance and promptly pay when due all premiums for that insurance. General Public Liability insurance providing bodily injury, including death, personal injury and property damage coverage with a combined sin le limit of at least $2,000,000 each occurrence or claim and a general aggregate limit of at least 4,0001000. This insurance shall provide Broad Form Contractual Liability covering the indemnity provisions contained in this Agreement, Underground Hazard, Broad Form Property Damage, a waiver of governmental immunity (ISO Form GL 24 14 or equivalent), severability.of interests and name Railroad as an additional insured with respect to all liabilities arising out of Political Body's obligation to Railroad in the Agreement. If coverage is purchased on a "claims made" basis it shall provide for at least a three (j) year extended reporting or discovery period, which shall be invoked should insurance covering the time period of this Agreement be cancelled. Automobile Public liability insurance providing bodily injury and property damage with a combined single limit of at least $2,000,000 each occurrence or claim. This insurance shall provide contractual ' '-K+ Iity by endorsement ISO Form CA 00 25 or equivalent covering all motor vehicles including hired utid non-owned= mobile equipment to the extent it may be excluded from general liability insurance, severability of interests and name Railroad as an additional insured with respect to all liabilities arising out of Political Body's obligation to Railroad in the Agreement. Worker's Compensation insurance covering the statutory liability as determined by the compensation laws of the state(s) affected by this Agreement and Employers' Liability with a limit of at least $1,000,000. Also compliance with all laws of states which require participation in their state workers' compensation fund. Railroad Protective Liability insurance naming Railroad as insured with a combined single limit of $2,000,000 per occurrence with a $6,000,000 aggregate. The policy form shall be AAR-AASHTO with broad form coverage for "Physical Damage to Property" (ISO Form GL 00 30) or as revised ISO-RIMA (Form CG 00 35) and include pollution arising out of fuels and lubricants brought to the job site (ISO Form CG 31 or equivalent). If the Lloyd's London policy form is used, limits shall be $3,0001000 per occurrence with a $9,000,000 aggregate and the Extended Claims Made Date shall be determined by adding the length of the original policy period plus one year to the policy expiration date. The Political Body and/or its Contractor/Subcontractor hereby waives its right of subrogation, as respects the above insurance policy(ies), against Railroad for payments Mmm to or on behalf of employees of Political Body or its agents and for loss of its owned or leased property or property under its care, custody and contro l while on or near Railroad's right-of-way or other real property. Political Body's and/or it Contractor's/Subcontractor's insurance shall be primary with respect to any insurance carried by Railroad. Political Body and/or its Contractor/Subcontractor shall furnish to Railroad certificate(s) of insurance evidencing the required coverage and endorsements) and upon request a certified duplicate on inal of any of those policies. The insurance compeny(ies) issuing such poticy(ies) shall notify Railroad in writing of any material alteration including any change in the retroactive date in any "claims-made" policies or substantial reduction of aggregate limas, if such limits apply, or cancellation thereof at least thirty (30) days prior thereto. The insurance policy(ies) shall be written by a reputable insurance company or companies acceptable to D.wiilrwd- or with a current Best's Insurance Guide Rating of 8 and Class VII or better. Such insurance company shall be authorized to transact business in the state(s) affected by this Agreement. Fxhibit 8-I *ty of Fdrt Wort 'Oxas _ _, R I - __ -_"-I F FRF NCF suF3,FCT MISSOURI PACIFIC RAILROAD NUME3FR PAGE 11-15-88 **C-11293 CROSSING AGREEMENT/WILL ROGERS BOULEVARD - RECOMMENDATION : It is recommended that the City Council authorize the City Manager to execute an agreement with the Missouri Pacific Railroad Company in an amount not to exceed $113, 329 .00 for Lhe installation of a warning system and rubberized railroad crossing on Will Rogers Boulevard between Alta Mesa Boulevard and Joel East Road. BACKGROUND: On May 2, 1988 (M&C C-10910) , the City Council authorized the City Manager to execute a Community Facilities Agreement with the Developer, Centre Consoli - dated Properties , Ltd . , to provide community facilities for Alcon Addition, Block 2, Lot D. Funds to construct the extension of Will Rogers Boulevard from its current deadend northward to its intersection with Alta Mesa Roulevard and the proposed railroad crossing are included , at full developer ' s cost , in this community facilities agreement . The Missouri Pacific Railroad Company has an existing right-of-way crossing Will Rogers Boulevard . In order to construct the extension of Will Rogers Boulevard, it is necessary to construct a warning system and rubberized railroad crossing . Missouri Pacific has agreed to install the railroad crossing at a total cost of $113,329.00. FINANCING : Sufficient Hands are available for, construction of the crossing and signal improvements in New Development Fund 90, Project No . 136069-00, Alcon Addition, Lot D, Block 2. Expenditures will be made from Index Code 621458. DAI :mmc#3 APPROVED BY CITY COUNCIL N10 11 15 1998 City Secietary of thn - _.____-_---City of Fort Worth, Te7.Or► SURMiF11 I� F��It Ir�c --- -- -- - — �—--- 1 I r F.A NAi,I R S DISPOSITION fly COUNCIL r H()CFSSF D P, FFiF I FF. David Ivory nrraovFD " I' NAllfit' OFHFR (DFSCRIFIF 1 fF F'APTMF NI .IFAD Gary Santerre clFV sF(.RFrnRv F )R AFIDITIONAF_ INFORMAF!O — ("'NFA('F B. �reen 7800 DATE Z S t A ii f1N IVi A� e Y • f k' _ 9O•," IV e A 7. 1 r v 0 D r ! A -4 NAA \ t W b S zO Z ! A O JP u f I I i i i O a 7 .4 a O 0 H oar G+�rE 2d. M Z M OH C rr (n O £ r•rr - E C b to �W tD 0 w H H a 0 r O o rt ; C4 xc a cn n c n a m o b rt a a n 7m r 4 H rD X "n Z n o o k< (D PI tt t N M rt rt a H O 00 � " n ft 4� O G O,r1 m a H M = 4 O �y n < H E 1D rt C 0 N s /'J G a a 0 0 U1 F-+ r1 N " rt H.rt rt m a m rt a C rt 3 �. rat o, a r+� o \�►3 m _d d WILL RoCoERS ilLV D M.P. 1.30 ECS. v8+58 I INCTE: ALL u2�.DInIG, laz•.,N.���,,�Ro..o "PROAC-M Wp(Zt� ►�ERFORt�.tr� f GN' UTH6Rs 90' co uC. u.a d MEDIAw DIVIDED RdWAV INS-rata_ Z Ea. 4-0'COW(L. CRCSSIAlQfS rJ M[duw C TYP.) p- f•F F-F � Z >4 � � N i ENd N A [� TO E✓ERMAN LF.AO � CCAR•Itlt IA/G. [ D p N RO.W. IL.APC / �t v - h A I R EA/TRAAIC6 To MiLL&,t INsTALL— 4E.t. F'LSSwI/J6e LJeHT Sl6N 5 90EW,A/b CO. I 5Ex Ia 1 e I OJA" UNIOM PACIFIC RAILROAD COMPANY FT WORTH SERIncE "ir M.,P 1.30 CARTER IND. Uko ECS 4.a+SS (Yau. 310-Lo) — PROPOSED WILL RObERS BLVD . TAW Ar-ROSS TAE CARTER IND. LEACD //1/fM I....d FT. WORTH I TEXAS Emo o F Clorc.�Typ,� VAL. . SECT. T-l0 5/ A ox am.. I� "`•""�`"""' �'.,w..s... OFFICE OF DISTRICT ENGINEER.SPRING.TEXAS Tv"CAL SECTION NOTEBOOK SCALE I P f�t2(�W: owa. BY K fZ DATE 8-f0.88 owG.No. r �-_; it'd UNION PACIFIC RAILROAD COMPANY CONTRACTS&REAL ESTATE DEPARTMENT B.W.ZANDBERGEN ROOM 1214 GENERAL DIRECTOR 1416 DODGE STREET R.F.NIEHAUS OMAHA,NEBRASKA 68179 DIRECTOR W.F.SOMERVELL DIRECTOR March 14, 1989 Crossing: Public Texas - Fort Worth Will Rogers Ave f David L. Yett Office of City Attorney x p., g ► Z, 1000 Throckmorton Fort Worth, Tx 76102 Dear Mr. Yett: Attached is your original copy of the agreement, fully executed on behalf of the Railroad Company. The Railroad Company has authorized the installation of fiber optic cable facilities on its property in certain areas. Prior to using the Railroad Company's property covered herein, you should thoroughly review the terms and conditions of this document and contact the Railroad Company at 1-800-336-9193 to determine if a fiber optic cable is buried on the subject property. All Insurance Certificates, if required by the agreement, should be forwarded to: Mr. R.W. Redick, Manager - Insurance Union Pacific Railroad Company 1416 Dodge Street Omaha, Nebraska 68179 In accordance with the terms of this agreement, 48 hours in advance of entering the right of way you should arrange to notify our Superintendent: L. A. Roach P. 0. Box 9857 Fort Worth, Tx 76107 1-817-878-4540 Sincerely yours, R. A. HOLMES Contract-Representative City of )Fort Worth,, Texas Mayor and Council co�jjy�1111-jicatjon U:.fl REFERENCE NUMBER sUB,ECT: MISSOURI PACIFIC RAILROAD PAGE 11-15-88 **C-11293 CROSSING AGREEMENT/WILL ROGERS - - --- _BOULEVARD 0(--1-- RECOMMENDATION : It is recommended that the City Council authorize the City Manager to execute an agreement with the Missouri Pacific Railroad Company in an amount riot to exceed $113,329 .00 for the installation of a warning system and rubberized railroad crossing on Will Rogers Boulevard between Alta Mesa Boulevard and Joel East Road. BACKGROUND: On May 2, 1988 (M&C C-10910) , the City Council authorized the City Manager to execute a Community Facilities Agreement with the Developer, Centre Consoli- dated Properties , Ltd . , to provide community facilities for Alcon Addition, Block 2, Lot D. Funds to construct the extension of Will Rogers Boulevard from its current deadend northward to its intersection with Alta Mesa Roulevard and the proposed railroad crossing are included , at full developer ' s cost , in this community facilities agreement . The Missouri Pacific Railroad Company has an existing right-of-way crossing Will Rogers Boulevard . In order to construct the extension of Will Rogers Boulevard, it is necessary to construct a warning system and rubberized railroad crossing . Missouri Pacific has agreed to install the railroad crossing at a total cost of $113,329.00. FINANCING: Sufficient funds are available for construction of the crossing and signal improvements in New Development Fund 90, Project No . 136069-00, Al con Addition, Lot D, Block 2. Expenditures will be made from Index Code 621458. DAI :mmc#3 APPROVED BY CITY COUNCIL NOV 15 1968 4�4� City Secretary of the City of Fort Worth, Texas C TFMI7TEn - --- — .' r MANAi,f k S DISPOSITION BY COUNCIL .I F it I �iY David Ivory APPROVED PROCESSED Rv 'IRIi,.NAiIN(. - ----- -— _ OTHER (DESCRIBE) nFraarM[N r HEAD Gary Santerre -- - CITY SECRETARY FiR APP)T�ONAL INFORMAf.'U�reen 7800 —_— _ _- "ON[ACT B DATE