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Home My WebLink AboutContract 50778 CITY SECRETARY CONTRACT NO. AUTHORIZATION FOR CROSSING IMPROVEMENTS THIS AUTHORIZATI N —OR CROSSING IMPROVEMENTS (this "Agreement") is made and entered into as of H Dy �8(the "Effective Date"), by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation ("Railroad"), and CITY OF FORT WORTH, a municipal corporation or political subdivision of the State of TEXAS ("Agency"). RECITALS In accordance with the terms and conditions of this Agreement,Agency and Railroad desire to improve the existing, at-grade crossing area (the "Project") along, over and across Railroad's track and right of way, as such crossing area is more particularly described on Exhibit A attached hereto and made a part hereof(the "Crossing Area"). AGREEMENT NOW THEREFORE, the parties hereto agree as follows: 1. Railroad agrees to perform the Project work described on Exhibit B attached hereto the ("Railroad Work"). 2. Agency has appropriated sufficient funds to complete the Project and shall reimburse Railroad for costs incurred by Railroad in connection with the Railroad Work in accordance with Exhibit C attached hereto. 3. Railroad's estimated cost for the Railroad Work is included on Exhibit D attached hereto (the "Estimate") and may include without limitation costs of engineering review, construction, inspection, flagging, procurement and delivery of materials, equipment rental, manpower and all direct and indirect overhead labor/construction costs, including Railroad's standard additive rates. Such standard additive rates may be subject to upward or downward adjustment based on industry standards and practices, and the parties acknowledge and agree that any such adjustment to standard additive rates may be made retroactively. 4. If Agency will be performing any Project work, such work is described on Exhibit B attached hereto ("Agency Work"). Agency shall perform the Agency Work, if any, at its sole cost, and Railroad consents to Agency (or any contractor or other agent hired by Agency) performing the Agency Work within the Crossing Area, subject to complying with the terms and conditions of this Agreement. Railroad's consent shall not be deemed to grant Agency (or any contractor or other agent hired by Agency) any property interest in the Crossing Area or other Railroad property. 5. If Agency hires a contractor or other agent to perform the Agency Work, Agency shall require such contractor or agent to execute Railroad's then current form of Contractor's Right of Entry Agreement("CROE Agreement')and to comply with the requirements set forth therein. If Agency performs the Agency Work, Agency shall comply with the safety standards set forth in 0,� the CROE Agreement. OFFICIAL RECORD CITY SECRSTARY °� FT,WORf'IM,TX 6. No work of any kind shall be performed, and no person, equipment, machinery, tools, materials, vehicles or other items shall be located, operated, placed or stored within twenty- five (25) feet of any track at any time for any reason except as otherwise provided herein. Prior to commencing the Agency Work, and if the performance of any Agency Work requires any person or equipment to be within twenty-five(25)feet of any track,Agency shall provide Railroad at least thirty (30) working days advance notice of the performance of such proposed work, and upon Railroad's receipt of such notice, Railroad will determine and inform Agency whether a flagman need to be present or whether Agency needs to implement any special protective or safety measures. Subject to Exhibit D, in the event that flagging or other special protection or safety measures are required to be performed in connection with the Railroad Work specifically or the Project generally, and regardless if the costs for such measures are included in the Estimate, Agency shall be responsible for all such costs incurred in connection therewith. 7. Prior to commencing any Agency Work, Agency shall telephone (or shall cause its contractor or agent to telephone) Railroad during normal business hours (7:00 a.m. to 9:00 p.m., Central time, Monday through Friday, except holidays) at 1-800-336-9193 to determine if fiber optic cable is buried anywhere on Railroad's property to be used in connection with the Agency Work. If fiber optic cable is present, Agency, at its sole cost, will coordinate (or will cause its contractor or agent to coordinate) with the applicable telecommunications companies for the relocation or other protection of the fiber optic cable prior to beginning any Agency Work. 8. Agency, for itself and for its successors and assigns, hereby waives any right of assessment against Railroad, as an adjacent property owner, for any and all improvements made under this Agreement. 9. Neither party shall assign this Agreement without the prior written consent of the other party, which consent shall not be unreasonably withheld, conditioned or delayed. 10. This Agreement sets forth the entire agreement between the parties regarding the Project and the installation and maintenance of the Project improvements within the Crossing Area. To the extent that any terms or provisions of this Agreement regarding the installation and maintenance of such Project improvements are inconsistent with the terms or provisions set forth in any existing agreement affecting the Crossing Area, such terms and provisions shall be deemed superseded by this Agreement to the extent of such inconsistency. 2 IN WITNESS WHEREOF,the parties hereto have duly executed this Agreement as of the Effective Date. UNION PACIFIC RAILROAD COMPANY, a Del;Voration gy. , Title: Ir..4n n u:ft AVP EngineeNng CITY OF FORT WORTh By: Name: �, �• Title: s ;Uvw APPROV S TO FORM AND LEGALITY Assistant Ci ttorne X55 ��{. �{y'i�A��jy1q AthoW by: Ronald P. Gonzales,Asst. City Secretary O�•F��Tl•L OFFICIAL RECORD CITY SNCMTARY pre WORTMO"X 3 Exhibit A N I � F RAILROAD LOCATION PRINT t OF A PUBLIC CROSSING SURFACE UPGRADE S `J'` ,�, � TM A..r ,l r` EXHIBIT "A" UNION PACIFIC RAILROAD COMPANY Cold Springs Road At-Grade Public Road Crossing (DOT No.275252L) Mile Post 753.97—Choctaw Subdivision City of Fort Worth,County of Tarrant,State of Texas 32.769000,-97.327377 Railroad Location Print of an crossing surface upgradc project with the CITY OF FORT WORTH WARNING IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE. PHONE:1-(800)336-9193 Exhibit B Scope of Work Railroad Work: 1. Project is on the gauntlet track only. 2. Remove existing 40 ft concrete crossing surface, ties, rail and other OTM. 3. Excavate subgrade for installation of asphalt pavement. 4. Install asphalt pavement 5. Install new full depth concrete crossing surface with ties and other OTM. Rail will be reused. 6. Railroad to provide traffic control. Agency Work: 1. None Exhibit C Reimbursement Method Agency agrees to reimburse Railroad for fifty percent (50%) of actual costs incurred by Railroad in connection with the Railroad Work. During the performance of the Railroad Work, Railroad will provide progressive billing to Agency based on Railroad's actual costs. Within one hundred twenty (120) days after completion of the Project, Railroad will submit a final billing to Agency for any balance owed Railroad in connection with the Railroad Work. Agency shall pay Railroad within thirty (30) days after Agency's receipt of any progressive and final bills submitted by Railroad. Exhibit D Estimate DATE: 2017-11-13 ESTIMATE OF MATERIAL AND FORCE ACCOUNT WORK BY THE UNION PACIFIC RAILROAD THIS ESTIMATE GOOD FOR 6 MONTHS EXPIRATION DATE IS :2018-05-14 DESCRIPTION OF WORK: FT WORTH,TX / COLD SPRINGS / DOT#275252L-4 / CHOCTAW SUB / MP 753.97 REMOVE EXISTING 40TF CROSSING SURFACE, INSTALL NEW 40TF CROSSING SURFACE INCLUDING TIES AND OTM *RAIL ON SITE WILL BE RE-USED* PROJECT WAS BUILT USING FED ADDITIVE W/O OVERHEAD AND INDIRECT 161% UPRR WILL BE REIMBURSED FOR 50% OF COST TO REPLACE THE CROSSING SURFACE PID: 102159 AWO: MP,SUBDIV: 753.95, CHOCTAW SERVICE UNIT: 11 CITY: FT WORTH STATE: TX DESCRIPTION QTY UNIT LABOR MATERIAL RECOLL UPRR TOTAL ----------- --- ---- ----- -------- ------- ----- ----- ENGINEERING WORK ENGINEERING 1857 928 929 1857 FLAGGING 857 428 429 857 LABOR ADDITIVE 161% 5753 2876 2877 5753 TRACK 857 428 429 857 ------- -------- -------- -------- -------- TOTAL ENGINEERING 9324 4660 4664 9324 SIGNAL WORK LABOR ADDITIVE 161% 866 433 433 866 SIGNAL 640 5 322 323 645 ------- -------- -------- -------- -------- TOTAL SIGNAL 1506 5 755 756 1511 TRACK 6 SURFACE WORK BALAST 1.00 CL 351 917 633 635 1268 BILL PREP FEE 900 450 450 900 CONTRACT ASPHALT WORK 28000 14000 14000 28000 ENVIRONMENTAL PERMIT 10 5 5 10 FOREIGN LINE FREIGHT 871 435 436 871 HOMELINE FREIGHT 900 450 450 900 LABOR ADDITIVE 161% 10170 5083 5087 10170 MATL STORE EXPENSE 8 4 4 8 OTM 279 489 383 385 768 RAIL LF 2922 1460 1462 2922 RDXING 40.00 TF 331 6301 3315 3317 6632 SALES TAX 526 262 264 526 TRK-SURF,LIN 1688 844 844 1688 WELD 2566 252 1409 1409 2818 XTIE 50.00 EA 1194 5243 3226 3211 6437 ------- -------- -------- -------- -------- TOTAL TRACK s SURFACE 19501 44417 31959 31959 63918 ------- -------- LABOR/MATERIAL EXPENSE 30331 44422 -------- -------- RECOLLECTIBLE/UPRR EXPENSE 37374 37379 -------- ESTIMATED PROJECT COST 74753 THE ABOVE FIGURES ARE ESTIMATES ONLY AND SUBJECT TO FLUCTUATION. IN THE EVENT OF AN INCREASE OR DECREASE IN THE COST OR QUANTITY OF MATERIAL OR LABOR REQUIRED, UPRR WILL BILL FOR ACTUAL CONSTRUCTION COSTS AT THE CURRENT EFFECTIVE RATE. Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Name of Employee/Signature Title ❑ This form is N/A as No City Funds are associated with this Contract Printed Name Signature