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HomeMy WebLinkAboutContract 25965 CITY SECRETARY Cj , 06- 13-00P01 :22 R c v D CONTRACT NO. RAIL CROSSING AGREEMENT -1u THIS AGREEMENT, made as of the - day of 2000, by and between FORT WORTH & WESTERN RAILROAD, a Tarantula Corporation company, having an office at 6300 Ridglea Place, Suite 1200, Fort Worth, Texas 76116 (hereinafter referred to as "FWWR"), and CITY OF FORT WORTH, TEXAS, a municipal corporation (hereinafter referred to as "CITY"). Subject to the provisions hereof, and the covenants to be kept and performed by the CITY, FWWR hereby grants the CITY, upon the following terms and conditions, the right to construct and maintain a 24" Sanitary Sewer Main 30 (hereinafter, the pipe line and including all markings of facilities such as line markers, referred to as the "PIPE LINE"), across or along the FWWR right-of-way located at or near south of the Rosedale Street from Beckham Place to 8t' Street right-of-way, Fort Worth, Tarrant County, Texas, the exact location of the PIPE LINE being more particularly shown and described on the prints hereto attached, marked "Exhibits A, B and C" and made a part hereof. (1) In lieu of payment the City agrees to pay $37,538.00 plus tax for installing one 108 foot full depth concrete crossing on Granbury Road at Benbrook Boulevard and McCart, Fort Worth, Texas, as more particularly described in Trac-Work, Inc. Bid #FTW-761-1 dated August 13, 1999, marked "Exhibit D" hereto attached and made a part hereof. (2) The term of this Agreement is fifty (50) years and is effective as of the date first herein written; and may be continued in effect thereafter subject to all its provisions, and subject to the consent of the parties hereto. Upon expiration, FWWR shall have the right to increase the fee due hereunder for the next succeeding term. (3) Application and construction plans for the PIPE LINE shall be submitted by the CITY to FWWR and must be approved by FWWR prior to construction or reconstruction of the PIPE LINE. The CITY shall, at its own cost and subject to the supervision and control of FWWR pursuant to FWWR's requirements and any statute, order, rule or regulation or any public authority having jurisdiction thereof, locate, construct and maintain the PIPE LINE in such a manner and of such material that it will not at any time be a source of danger to or interference with the present or future tracks, roadbed and property of FWWR, or the safe operating of its railroad. If at any time the CITY shall, in the judgment of FWWR, fail to perform properly its obligations under this paragraph, FWWR may, at its option, itself perform such work as it deems necessary for the safe operation of its railroad, and in such event the CITY agrees to pay, within sixty (60) days after bill shall have been rendered therefor, the cost so incurred by ufflcck HOW FWWR, but failure on the part of FWWR to perform the obligations of the CITY shall not release the CITY from liability hereunder for loss or damage occasioned thereby. (4) The pipeline installations will be dry bored and jacked under the FWWR rail, and shall be a minimum of three (3) feet below the lowest ditch line (designed to withstand E80 loading). (5) The CITY shall use the PIPE LINE solely for carrying sewage, and shall not use it to carry any other commodity or for any other purpose whatsoever. (6) The CITY shall reimburse FWWR for any expense incurred by FWWR for false work to support FWWR's tracks and for flagman to protect its traffic during installation of the PIPE LINE and for any and all other expense incurred by FWWR arising out of or as a result of the installation, operation or maintenance of the PIPE LINE. (7) If no feasible alternative exists, FWWR reserves the right, upon no less than six (6) months' prior written notice to the CITY, to require the CITY, at the CITY's cost and expense, to move, remove, relocate, alter or change the location of the PIPE LINE to an alternate location of the property in the event such move, relocation, alteration or change is required for safety reasons or to accommodate FWWR railroad operations and/or construction activities. (8) The CITY shall, upon giving FWWR forty-eight (48) hours' advance notice, have the right to enter the FWWR right-of-way in the vicinity of the PIPE LINE for the purpose of installing, maintaining, repairing or removing the PIPE LINE. In the event of any emergency, the forty-eight (48) hour notice shall be waived, provided that the CITY or its contractors shall make every effort to notify FWWR of the nature of the emergency and that entry onto the right-of-way has occurred. (9) At all times during construction, maintenance or repair of the PIPE LINE, the CITY or its contractors shall keep the right-of-way in a neat and safe condition and shall keep the tracks clear of obstructions. (10) To the extent permitted by law, the CITY shall at all times indemnify and save harmless FWWR against and pay in full all loss, damage or expense that FWWR may sustain, incur or become liable for, resulting in any manner from the construction, maintenance, use, state of repair, presence or removal of the PIPE LINE, including any such loss, damage, or expense arising out of (a) loss of or damage to property (including, but not limited to, property owned by, leased to or in the care, custody or control of the parties hereto), (b) injury to or death of persons (including, but not limited to, employees and agents of the parties hereto), (c) mechanics or other liens of any character. It is the intention of the parties that FWWR's right to indemnity hereunder shall be valid and enforceable against the CITY unless such liability, cost or expense is the result of the gross negligence or willful act of FWWR, its officers, agents and employees. (11) Notwithstanding any other provisions of this Agreement, the CITY shall comply with all statutes, ordinances, rules, regulations, orders and decisions (hereinafter referred to as "Standards"), issued by any federal, state or local governmental body or agency established thereby (hereinafter referred to as "Authority"), relating to the CITY's use of FWWR's property hereunder. In its use of the premises, the CITY shall at all times be in full compliance with all Standards, present or future, set by any Authority, including, but not limited to, Standards concerning air quality, water quality, noise, hazardous substances and hazardous waste. In the event the CITY fails to be in full compliance with Standards set by any Authority, FWWR may, after giving reasonable notice of the failure to the CITY, and the CITY, within thirty (30) days of such notice, fails either to correct such non-compliance or to give written notice to FWWR of its intent to contest the allegation of non-compliance before the Authority establishing the Standard or in any other proper forum, take whatever action is necessary to protect the premises and FWWR's railroad and other adjacent property. The CITY shall reimburse the FWWR for all costs (including, but not limited to, consulting, engineering, clean-up and disposal costs, and legal costs) incurred by FWWR in complying with such Standards, and also such costs incurred by FWWR in abating a violation of such Standards, protecting against a threatened violation of such Standards, defending any claim of violation of such Standards in any proceeding before any Authority or court, and paying any fines or penalties imposed for such violations. The CITY shall assume liability for and shall save and hold harmless FWWR from any claim of a violation of such Standards regardless of the nature thereof or the Authority or person asserting such claim, which results from Grantee's use of FWWR's premises, unless such claim is the result of gross negligence or willful act of FWWR, its officers, agents and employees. (12) While this Agreement is in effect, the CITYand contractors, at City and contractor's expense, shall maintain and furnish FWWR evidence of insurance set forth in FWWR's "General Insurance Requirements" attached hereto as Exhibit "E" and made a part hereof. The CITY's contractor(s) shall provide certificates of insurance to FWWR prior to the contractor's initial entry onto FWWR property. If the City elects to self-fund the risks associated with this Crossing Agreement, the City shall provide FWWR with documentation of the City's respective program. The City may elect to obtain commercial liability insurance at any point during the term of this Agreement. (13) If CITY makes default in respect to any covenant or condition on CITY's part hereunder and fails to correct such default within fifteen (15) days' after receipt of notice from FWWR so to do, or failes to commence to correct such default within fifteen (15) days after receipt of notice from FWWR so to do or to complete corrective action with diligence within a reasonable time thereafter, FWWR may forthwith terminate this Agreement by notice to CITY. (14) In the event that two or more parties execute this instrument as the CITY, all the covenants and agreements of the CITY in this Agreement shall be the joint and several covenants and agreements of such parties. (15) All the covenants and provisions of this instrument shall be binding upon and inure to the benefits of the successors, legal representatives and assigns of the parties to the same extent and effect as the same are binding upon and inure to the benefit of the parties hereto, but no assignment hereof by the CITY, its successors, legal representatives or assigns, or any subsequent assignee, shall be binding upon FWWR without the written consent of FWWR in each instance. (16) Any notice hereunder to be given by FWWR to the CITY shall be deemed to be properly served if it be deposited in the United States Mail, postage prepaid, addressed to the CITY's Land Agent, 1000 Throckmorton, Fort Worth, Texas 76102. Any notice to be given hereunder by the CITY to FWWR shall be deemed to be properly served if the same be deposited in the United States Mail, postage prepaid, addressed to FWWR's President, 6300 Ridglea Place, Suite 1200, Fort Worth, Texas 76116, IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. ATTES • CITY OF FORT WORTH, TEXAS B . � - r1�00 ATTEST: FORT WORTH & WESTERN RAILRO CO ANY By: Robert C. Koliersbn Chairman and CEO Contract Authorization OD t�at� 04/17/2000 11: 14 817-338-9604 TRAC WORK FT WORTH PAGE 02 I4AC ~�C1R/4� �NC. AREAOFFICE 1965 nalgn Ft.Worth,TX 76102 B I D # FTW-7 6 1-1 Phone(8 17)338-9677 August 13 , 1999 Metro(817)654-9010 Fax(817)338-9604 Attn: Robert Johnston EXHIBIT "D" Fort Worth & Western RR Page 1 of 2 2495 East Long Ave . R Fort Worth , Texas 761.06 A I Dear Mr . Johnston . L R Trac-Work, Inc. proposes to furnish al materials , tools 0 equipment , labor , supervision and insurance necessary to A b Perform the following . Taxes not included . DID I 1 R E Trac-Work, Inc . H proposes to furnish and rostral l One 10S. A foot full depth concrete crossing on QLjjL(bury Rd at e aenbrnok _L d and. McCazt Trac-Work . Inc . proposes to remove the existing crossing and 90lb t.-rack in two L sections and replace the track and crossing as f011ours : I T A 1. . Pre-welding the 11511) rails at the jol) site . T 2. Removing the existing zing and track in two sections . I 3 . Cut the sub--grade down 8 ' inches below the bottoms 0 of the ties , furnish and install filter fabric and 0" N pipe down the middle of the track . C 4 . Fill with 8" inches of new ballast . 0 5 . Construct new track- using # J. relay 1151b rail , N 11511) trim, new 7"x 9"x 9 ' crossties on 18" centers . S new track spikes , bolts and l.ockwashers . Plus 10 ea . T new crossties on each side of the new crossing. G . R ' U Surface the track using new track ballast . C 7 . Furnish and install the new concrete full. depth T crossing 9 'w X 1087L. 0 8 . Furnish and compact 5 ' hot mix asphalt approaches N on each side of the 11ew crossing . M The price for this service i; as follows - A Material $ 25 , 64S . 00 I Labor & Equipment 1. 1 ,390 . 28 T Total lump gum price for IIID # 1 ------- $ 37, 538. 28 E .. N within this proposal we have not provided for : A N ( 1 ) The performance of any subgrade work or installation c of subballast . E ( 2 ) The furnishing of any material other than those listed above . Corp.Office DI$a01+ke Fr>14Te w Err1&TA AmYfgTx 5WArV'i0Jx (MrShevoepM A t3idmnlVRWOK LMeRod(.AR (FZ9782M2 (BW-M2591 (210)3333714 TRAawoaKg. 161■t att n.t (318)222.-M (WO)2514106 (401)5884144 Houltnrx 8dV1ffiW,LA CArow cry,L ESTABLISIYED7969 Saebr'dN MVV t'lN KMMCid.KS &#u,LA (713)661-05N (5"447-7091 1911)6786061 100%EMPLOYEE-0OWED (334)eMOM (901)9424212 (M3)70&7055 (316)527.7882 '04/17/2000 11: 14 817-338-9604 TRAC WORK FT WORTH PAGE 03 EXHIBIT "D' Page 2of2 ( 3 ) The adjustment of any utilities , signal work , barricading , detours roads and/or traffic control. . (4 ) The performance of any construction staking. This bid is based on straight time , non-union labor And is good for 30 days . Invoices ax-e due and payable upon receipt . We appreciate the opportunity to submit this proposal and look forwarcl to working with you . Should any questions arise , please feel free to call . Sincerely yours , TRA Q , INC. .lip Wall enn Area Manager cc : office file Exhibit E General Insurance Requirements For so long as this Agreement between Fort Worth and Western Railroad, a Tarantula Corporation company, as "Licensor", and The City of Fort Worth, Texas, as "Licensee" shall exist, Licensee's contractor(s) shall maintain in full force and effect comprehensive general liability insurance applicable to all operations conducted by Licensee on FWWR premises. Said coverage shall be: (1) Occurrence form rather than "claims made". Licensor may, at its sole discretion, accept a "claims made" policy provided that Licensee and Licensee's contractors agrees that such "claims made" policy shall include a minimum of three (3) years extended reporting and discovery period, or Licensee and Licensee's contractors agree replacement "claims made" coverage shall continue to contain the same retroactive date as the policy being replaced. (2) Limits to be not less than $1,000,000 per occurrence and $2,000,000 in the aggregate, or such other limits as required by Licensor. (3) Licensor shall be named as additional insured on the policy(s). (4) An acceptable, written confirmation (certificate of insurance) shall be required to be in the possession of Licensor before operations commence and thereafter, at least 15 days prior to expiration of coverage. (5) 30 days advance written notice of cancellation, change of carriers, or any other material change in the insurance program of Licensee and Licensee's contractors. City of Fort Worth, Texas qVrAvolf And Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 5/30/00 **C-18033 30G6 1 of 2 SUBJECT APPROVE TWO RAIL CROSSING AGREEMENTS WITH FORT WORTH & WESTERN RAILROAD FOR THE REPLACEMENT OF TWO SANITARY SEWER LINES IN RAILROAD RIGHT-OF-WAY ON MAIN C1C4B DRAINAGE AREA, GROUP 6, PARTS 6 AND 9, M-30 AND M-70R DOE 2497 AND 2092 RECOMMENDATION: It is recommended that the City Council authorize the City Manager to approve and execute the Rail Crossing Agreements (Agreements) with Fort Worth & Western Railroad to allow the replacement of two 16-inch sanitary sewer lines in the railroad right-of-way, for a total cost of $38,519.28. DISCUSSION: The Agreements will permit the replacement, rehabilitation and improvements of the sanitary sewer mains. The locations are within the railroad rights-of-way with one on the near west side, just south of Rosedale Street at All Saints Avenue, and the other just east of Forest Park Boulevard and south of Peter Smith Street. The Agreements will permit the rehabilitation and reconstruction of the sanitary sewer mains in exchange for a one-time payment of$38,519.28 for a 50-year term. A description of the crossings are as follows: Location Pipe Size and Use Area-Square Feet Fee Drainage Area C1 C413, M-30, South 16-inch sanitary sewer 2,000.0 -0- of Rosedale Street at All Saints Avenue Drainage Area C1 C413, M-70R, East of 16-inch sanitary sewer 4,500.0 -0- Forest Park Boulevard at Peter Smith Street Total Cost: $38,519.28 An outside independent appraisal was obtained by staff in order to establish the value of the crossing areas. The above payment is a negotiated amount based on the appraisal. This property is located in COUNCIL DISTRICT 9, Mapsco 76F and L. City of Fort Worth, Texas *Valor and CouncilCommunication DATE REFERENCE NUMBER LOG NAME PAGE 5/30/00 **C-18033 30G 22 of 2 SUBJECT APPROVE TWO RAIL CROSSING AGREEMENTS WITH FORT WORTH & WESTERN RAILROAD FOR THE REPLACEMENT OF TWO SANITARY SEWER LINES IN RAILROAD RIGHT-OF-WAY ON MAIN C1C4B DRAINAGE AREA, GROUP 6, PARTS 6 AND 9, M-30 AND M-70R DOE 2497 AND 2092 FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Commercial Paper-Sewer Fund. MG:k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) APPROVED/1 Mike Groomer 6140 CITY COUNCIL Originating Department Head: MAY 30 2000 A.Douglas Rademaker 6157 (from) PS46 541100 030460410230 $38,519.28y Additional Information Contact: I l t / Cir?Secretary of t" city of fort WCrth.T:XaT A.Douglas Rademaker 6157