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HomeMy WebLinkAboutContract 6799 i CITY SECRETARY cmT.R a.. No L CONTRACT SECRETARY'S NUMBER I I 000 I I THE ATCHISON, TOPEKA AND SANTA FE RAILWAY CONTANY and CITY OF FORT WORTH, TEXAS 000 I AGREEMENT.: Covering land desired for right-of-way purposes for Hulen Street grade crossing at Railway rlile Post 4 + 2920 feet, at Fort Worth, Tarrant Count>>, Texas. DATED: March 11' 1971 CITY SECRETARY CONTRACT NO. ' I AGREEMENT, Made as of the 11th day of March 1971, between THE ATCHISON, TOPEKA. AND SANTA FE RAILWAY COMPANY, a Delaware corporation, (herein- j after called "Santa Fe") , as First Party, and CITY OF FORT WORTH, TEXAS, a municipal corporation of Tarrant County, acting herein by its City Manager, hereunto duly authorized (hereinafter called "City"), as Second Party. WITNESSETH: R E C I T A L S: City desires to use a certain portion of Santa Fe's property, at Railway Mile Post 4 + 2920 feet, in Fort Worth, Tarrant County, Texas, upon which to construct and thereafter maintain and use a public road or street, which is agreeable to Santa Fe upon the terms and conditions hereinafter stated: AGREEMENT ARTICLE I i 1. Santa Fe, for and in consideration of the sum of ONE AND NO/100 DOLLARS ($1.00) , cash to it paid by City, the receipt whereof is hereby acknowledged, and of the full and faithful performance by City of its covenants hereinafter set forth, hereby licenses City to use a portion of Santa Fe's property situated at Fort Worth, Tarrant County, Texas, for the purpose of con- structing, maintaining and using a Public Road, the property, license to use which is hereby given, being shown in red on print D.E.O. Fort Worth, Texas, No. '5124, dated Jan. 20, 1971, hereto attached, marked Exhibit "A", and made a part hereof. 2. Santa Fe agrees that it will, at its own expense, make adjust- ments to railway communication lines at the crossing location. I I 3. Santa Fe agrees that it will, at its own expense, install and maintain a 48 ft. full depth timber crossing on its main track, provided that in the event of discontinuance of use by Santa Fe of said track all . I obligations assumed by it hereunder as to such track shall cease and be at an end. . 4. Santa Fe agrees that it will install and pay one-third (1/3) of the cost to install automatic grade crossing protection devices at the. crossing location. 5. Santa Fe agrees that it wilt., at its own expense, install two standard whistle post signs for the grade crossing. 6. Santa. Fe agrees that it will, at its own expense, maintain the timber crossing, the grade crossing protection devices and whistle post signs to be installed at this grade crossing. ARTICLE II In consideration of the aforesaid license, City covenants and agrees to and with Santa Fe as follows: 1. That it will use the licensed premises exclusively as a site for a Public Road. 2. That it will not let or sublet the whole or any part of the licensed premises for any purpose whatsoever or assign this license without the written consent of Santa Fe in each instance. 3. That in case of eviction of City by anyone owning or claiming title to the whole or any part of the licensed premises, Santa Fe shall not be liable to City for any damage of any nature whatsoever. 2 - i I i I I i 4. That if the licensed premises, or any part thereof, cease to be used at any time for the purpose licensed, City will deliver up to Santa Fe the possession of the whole, or such part so ceased to be used. i 5. That it will use the licensed premises and maintain the public road to be located thereon in such manner as .not to interfere wi.ti.t, binder, or in. any manner obstruct the use by Santa Fe of its railroad-, or other property adjacent. thereto. In the event of a breach of'- this covenant at any time, City will, within ten (10) days after receipt of written notice from Santa Fe thereof, do. ;whatever may be necessary to remedy such condition, and, failing so to do within said time, Santa Fe may do so at City's expense. 6. That no legal right of Santa Fe to maintain, use and relocate the railroad track or tracks or other railroad facilities, now located upon' the licensed premises or to construct and thereafter maintain, use and relocate any additional track or tracks or other railroad facilities as it may desire upon or across said licensed premises shall be in anywise affected by the giving of this license. 7. That if it shall become necessary, in the future reconstruction and/or maintenance of said .public road to make any changes, alterations and/or installations in Santa Fe's right of way fences, cattle guards, signal, power and/or communications pole and wire lines and/or appurtenances, and/or other 3 - I I ' I facilities located upon the licensed premises, including automatic grade crossing protection devices, such changes, alterations and/or installations will be made by Santa Fe, at the expense of City. 8. That it will bear and pay the entire cost of constructing and maintaining the public road upon the licensed premises (except the portions thereof to be installed and maintained by Santa Fe, as provided in Article I hereof) , including any and all drainage facilities made necessary or required because thereof. 9. That this license is made subject to all valid existing and future contracts, agreecie-n. licenses and easements which may affect said licensed property, covering roads, public and private; pole lines and appurtenances; water lines, or other facilities. 10. To appoint and keep competent inspectors, engineers or other authorized parties on the work to be done by City during the progress of such word., and to give Santa Fe's Superintendent at Fort Worth, Texas, reasonable advance notice of the performance by City, or any contractor employed by City to construct said Public Road, of any work upon, along, over or across the right-of-way and tracks of Santa Fe which might render unsafe the operation of trains on the tracks of Santa Fe. 11. That the contract or contracts to be let by City for the construction of the work to be undertaken by it hereunder shall provide: - 4 - ' I rer's and Contractor's Liability A. Standard Manufacturer's y Insurance. The Contractor shall furnish evidence to Santa Fe that, with respect to the operations he performs, he carries regular Contractor's Liability Insurance providing for a limit of not less than Five Hundred Thousand Dollars ($500,000.00) for all damages arising out of bodily injuries to/or death of one person, and subject to that limit for each person, a total limit of One Million Dollars ($1,000,000.00) for all damages arising out of bodily injuries to/or death of two or more persons in any one accident, 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 property in any one accident and subject to that limit per accident 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. 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. Contractor's Protective Liability Insurance. The Contractor shall furnish evidence to Santa Fe 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 Five Hundred Thousand Dollars ($500,000.00) for all damages arising out of bodily injuries to/or death of one person, and subject to that limit for each person, a total limit of One Million Dollars ($1,000,000.00) for all damages arising out of bodily injuries to/or death of two or more persons in any one accident, and Pro- tective Property Damage Liability Insurance providing for a limit of not less than Five Hundred Thousand Dollars ($500000.00) for all damages arising out of injury to/or destruction of property in any one accident and subject to that limit per accident, a total (or aggregate) limit of One Million Dollars ($1,000,000.00) for all damages arising out of injury to/c_ destruction of property during the policy period. - 5 - C. Railroads` Protective Liability and Property Damage and Physical Damage to Property Insurance. In addition to the above, the Contractor shall furnish evidence to Santa Fe that, with respect to the operations he or any of his subcontractors perform, he has provided for and in behalf of the Railroad Company the Standard Railroad Protective Liability Policy, with coverage as outlined in General Casualty Bulletin No. 258, dated July 9, 1958, issued by the State Board of Insurance of Texas, pro- viding for Bodily Injury Liability a limit of not less than Five Hundred Thousand Dollars ($500,000.00) for each person and One Million Dollars ($1,000,000.00) for each occurrence and for Property Damage a limit of not less than Five Hundred Thousand Dollars ($500,000.00) for each. occurrence and One Million Dollars ($1,000,000.00) aggregate during the policy period. 12. City will promptly pay to Santa Fe upon presentation of bill therefor two-thirds (2/3) of the cost to install automatic grade crossing protection devices at the grade crossing location. All billing and reim- bursement shall be made in accordance with the terms of U. S. Bureau of Public Roads Policy and Procedure Memorandum No. 30-3, dated October 15, 1966, as amended and supplemented, and the work to be performed by Santa Fe shall be performed in accordance with the above mentioned Policy and Pro- cedure Memorandum No. 30-3, which said memorandum is hereby incorporated in and made a part of this agreement by reference. 13. That all of the covenants hereof shall inure to ;:he benefit of the successors and assigns' of Santa Fe, to the same extent as to Santa Fe. ARTICLE III The parties mutually agree that this 'license shall be effective from its date, and thereafter so long as said public road shall be located - 6 - i I on the licensed premises and be maintained in accordance with the pro- visions of Section 5 of Article II hereof. I IN TESTIMONY WHEREOF, the parties have executed this agreeement, in duvlicate, on the day and year first above written. THE ATCHISON, J'OPHKA AND THE CITY OF SANTA FE RAI W COMPANY FORT WORTH, TEz�AS By: /It \/�C, pi�L�l[� � Its City Manager ATTIFST,: a ATTEST: Assistant SecreK141 retary for Railway Co pan - 7 - 1 STATE OF ILLINOIS X j COUNTY OF COOK BEFORE me, T. J. FEENEY , a Notary Public in and for said County and State, on this day personally appeared JOHN C... DOIS , VICE President of The Atchison, Topeka and Santa Fe Railway Company, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration and in the capacity therein expressed, and as the act and deed of said Railway Company. Given under my hand and seal of office this 'day of 19 r� Notary Puts i.c within a for the County of Cook, State of Illinois - 8 - THE STATE OF TEXAS X COUNTY OF TARRANT X j BEFORE ME, .� � , a Notary Public in and for said State and County, on this day personally appeared i et-, City Manager of the CITY OF FORT WORTH, TEXAS, known to me to be the- person-whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration and in the capacity therein expressed, and as the act and deed of said City of Fort Worth, Texas. GIVEN under my hand and seal of office this the day of 1911__. c Notary Public within and for the County of Tarrant, State of Texas. I i I I EXHIBIT "A" TO CONTRACT BETWEEN THE ATMINSui l H EKA A,,'15 SAIl��i`i AI VAY C NIiIMINY NORTHERN DIVISION DUBLIN DISTRICT AND CITY OF "ART . WORTHsT-EXAS COVERING A PUBLIC ROAD CROSSING AT FORT WORTH ,TARRANT COUNTY,TEXAS SCALE: 1"—100' D.E.O. FORT WORTH, TEXAS No.6124 I DATED:JA N UA RY 20., 1971 Identified By Division. Engineer. 60 60' ,4 PART OF THE PROPERTY OF IHEAT;�S.FPYAT FOPTWORTH, S�a. 39024 119 �48 ft crossing TARRANT COUNTY, TEXAS.. M. P. 4- + 29 2 O ®P,y oPERTY LiNa --� I '--R,Y. COMM. LANE �—� MAIr•! s° TRACK i THE ATE �5.ff RY. CO. 8 7 6 5 a 3 e ' TO 5ROWNWoOD 48` TO t=oRTWoRTH 90°00` 'SPY. PROPERTY LINE 7 G RAN 3U RY POAD J. B. MsDermott Survey Abstract- No. 1063 V 65 DE 5CDIP T I ON 3 A SITE CONTaiNlNCi IZ,0 (D0SQ. FT , MORE OP. LESS, TO :°...,E U5 =D FOR P.IQHT OF WAY FOR PAR 7 A PU BLIC ROAD ( H U LEN 5TRE.ET) CR O S S }h1 C A.S QWD 13-174 SrtoGVN HEREOrw IN RED COL C) P . OCD46734 City - of Fort Worth, Texas. �_�V O V Mayor and Council. Communication DATE REFERENCE SUBJECT: Proposed Agreement - Constructiol PAGE NUMBER of Hulen Street Across the 'Atchison, 2 4/12/71 C-1958 Topeka and Santa Fe Railway Company lot Property and Installation of Automatic Crossing Device On April 13, 1970 (M&C C-1711) , the City Council approved an agreement with the Santa Fe Land Improvement Company relative to the construction of Hulen Street from IH-820 to Granbury Road. Under the terms of this agreement, Santa Fe Land Improvement Company dedicated the necessary'right-of-way across its property; agreed to pay up to $60,000 for construction of storm drain j facilities on its property; and agreed to pay one-third of the cost of install- ing the automatic grade crossing controls near Granbury Road. A related agreement has now been negotiated with the Atchison, Topeka, and Santa Fe Railway Company. This agreement provides for Hulen Street to cross the railroad property near Granbury Road and provides for the installation of an automatic warning signal at the intersection of the railroad with Granbury ' Road. The agreement contains the following provisions. The Railway Company agrees to: 1) Make adjustments to the railway communication lines at the crossing. 2) Install and maintain a 48-foot full depth timber crossing on its main track. 3) Install and pay one-third of the cost to install the automatic grade crossing protection system at the Hulen Street crossing. 4) Maintain the timber crossing, grade crossing protection system and whistle post signs. The City of Fort Worth agrees to: 1) Use the licensed premise exclusively as a site for a public road. 2) Pay the entire cost of constructing and maintaining the public road (Hulen Street) . 3) Reimburse the Atchison, Topeka and Santa Fe Railway Company for two-thirds of the total cost of the automatic grade crossing , protection system. Project Cost and Financing The total estimated cost for furnishing and installing the automatic grade crossing protection system is $15,000. One-third of this cost. will be paid by the Atchison, Topeka and Santa Fe Railway Company and the remaining DATE RbFERENCE SUBJECT. Proposed Agreement - Construction PAGE NUMBER of Hulen Street Across the Atchison, 2 of 2 4/12/71 C-1958 Topeka and Santa Fe Railway Company Property and Installation of Automatic Crossing Device two-thirds will be paid in equal amounts by the Santa Fe Land Improvement Company and the City of Fort Worth. The following bond fund transfer is necessary to finance the City's cost of $5,000: Amount From To $2,754-41 104-36000-901 104-36000-246 Miscellaneous Streets "Hulen Street Unspecified New Additions" The remainder of the City's cost ($2,245.59) will be paid from Account No. 104-23000-106. Recommendations It is recommended that: 1) The bond fund transfer as described above be approved in the amount ,of $2,754.41 from Project Account No. 104-36000-901, Miscellaneous Streets, to Project Account No. 104-36000-246, Hulen Street, to provide financing of the City's estimated cost of the above described signal installation; 2) Authority be granted to reimburse the Atchison, Topeka and Santa Fe Railway Company in the amount of two-thirds of the total cost of the installation as described above,($10,000 Santa Fe Land Improvement Company will reimburse .Fort Worth one-third of the total cost of the project or $5,000) ; and 3) The City Manager be authorized to execute the proposed agree- ment with the Atchison, Topeka and Santa Fe Railway Company. RNL:ms SUBMITTED BY' DISPOSITION BY COUNCIL: PROCESSED BY ❑ APPROVED ❑ OTHER (DESCRIBE) CITY SECRETARY DATE CITY MANAGER CITY COUNCIL MEETING APRIL 12, 1971 On the 12th day of April, A. D. 1971, the City Council of the City of Fort Worth, Texas, met in regular session, with the following members present, to-wit: Mayor R. M. Stovall; Councilmen Jess M. Johnston, Jr. , Taylor Gandy, John J. O'Neill, Ted C. Peters, Leonard E. Briscoe, Pat Reece, W. S. Kemble, Jr., and Councilwoman Margret McDonald Rimmer; Acting City Manager Rodger Line; City Attorney S. G. Johndroe, Jr. ; City Secretary Roy A. Bateman, with more than a I quorum present, at which time the following business, among other things, was transacted: There was presented Mayor and Council Communication No. C-1958 from the Acting City Manager as follows: On April 13, 1970 (M&C C-1711), the City Council approved an agreement with the Santa Fe Land Improvement Company relative to the construction of Fulen Street from IH-820 to Granbury Road. Under the terms of this agreement, Santa Fe Land Improvement Company dedicated the necessary right-of-way across its property; agreed to pay up to $60,000 for construction of storm drain facilities on its property; and agreed to pay one-third of the cost of installing the automatic grade crossing controls near Granbury Road. A related agreement has nov been negotiated with the Atchison, Topeka, and Santa Fe Railway Company. This agreement provides for Hulen Street to cross the rail- road property near Granbury Road and provides for the installation of an automatic warning signal at the intersection of the railroad with Granbury Road. The agreement contains the following provisions. The Railway Company agrees to: 1) Make adjustments to the railway communi- cation lines at the crossing. 2) Install and maintain a 48-foot full depth timber crossing on its main track. Excerpt City Council Meeting April 12, 1971 Page 2 3) Install and pay one-third of the cost to install the automatic grade crossing protections system at the Hulen Street crossing. 4) Haintain the timber crossing, grade cross- ing protection system and whistle post signs. The City of Fort Worth agrees to: 1) Use the licensed premise exclusively as a site for a public road. 2) Fay the entire cost of constructing and maintaining the public road (Helen Street). 3) Reimburse the Atchison, Topeka and Santa Fe Railway Company for two-thirds of the total cost of the automatic grade cross- ing protection system. Project Cost and Finaancin�: The total estimated cost for furnishing and installing the automatic grade crossing protection system is $15,000. One-third of this cost will be paid by the Atchison, Topeka and Santa. Fe Railway Company and the remaining two-thirds will be paid in equal amounts by the Santa Fe Land Improvement Company and the City of Fort Worth. The following bond fund transfer is necessary to finance the City's cost of $5,0000 Alfi bunt From To 52,754.41 104-36000-901 104-36000-246 Miscellaneous Streets "Helen Street New Unspecified Additions" The reminder of the City's cost ($2,245.59) will be paid from Account No. 104-23000-106. I Excerpt City Council Meeting April 12, 1971 Page 3 i Recommendations It is recommended that: I I 1) The bond fund transfer as described above be approved in the amount of $2,754.41 from Project Account No. 104-36000-901, Miscel- laneous Streets, to Project Account No. 104.36000-246, Hulen Street, to provide financing of the City's estimated cost of the above described signal installation; 2) Authority be granted to reimburse the Atchison, Topeka and Santa Fe Railway Company in the amount of two-thirds of the total cost of the installation as described above, ($10,000 -- Santa Fe Land Improvement Company will reimburse Fort Worth one-third of the total cost of the project or $5,000) ; and i 3) The City Manager be authorized to execute the proposed agreement with the Atchison, Topeka and Santa Fe Railway Company. Councilman Candy made a motion, seconded by Councilman Kemble, that the recommendations, as contained in Mayor and Council Communication No. C-1958 be adopted, and when the motion was put to a vote by the Mayor, it prevailed unanimously. THE STATE OF TEXAS COUNTY OF TARRANT I, Roy A. Bateman, City Secretary of the City of Fort Worth, Texas, do hereby certify that the above and foregoing is a true and correct copy of an excerpt from the minutes of a regular meeting of the City Council of the City of Fort Worth, Texas, held on the 12th day of April, A. D. 1971, as same appears of record in City Council Minute Book B-2, Pages 270 and 271. WITNESS MY HAND and the official seal of the City of Fort Worth, Texas, this the 19th day of April, A. D. 1971. / C y S retary of the _ C Fort Worth, Texas