HomeMy WebLinkAboutContract 52144 CITY SECRETARY
CONTRACT NO. 5ai4�1
RAIL CROSSING LICENSE AGREEMENT
THIS AGREEMENT made as of the 15th day of January 2019, by and
between FORT WORTH & WESTERN RAILROAD COMPANY, a Texas
Corporation located at 6300 Ridglea Place, Suite 1200, Fort Worth, Texas 76116
(hereinafter referred to as "Licensor"), and CITY OF FORT WORTH, a Texas
municipal corporation located at 200 Texas St. Fort Worth, Texas 76102
(hereinafter referred to as "Licensee").
WITNESSETH:
1. License - Subject to the provisions hereof, Licensor hereby grants to
Licensee, effective as of the first date herein written, a license to install, operate,
maintain, repair and use drainage facilities (hereinafter"Facility"), upon property of
Licensor located at or near mile post 1.70, Dublin Subdivision, Fort Worth, Tarrant
County, Texas, as more particularly described in conformity with the location and
dimensions marked Exhibit"A" (hereinafter"Premises") attached hereto and made
a part hereof, the specifications for Smooth Steel Pipe marked Exhibit"B" attached
hereto and made a part hereof, the Hand Tunneling requirements and
specifications marked Exhibit"C" attached hereto and made a part hereof and the
Secured Submersible Pump and Temporary Electric Service specifications
marked Exhibit "D" attached hereto and made a part hereof.
Licensee's right to use the Premises is nonexclusive, and Licensor and its
nominees shall have the right to enter and use the Premises for any purposes that
will not unreasonably interfere with the rights granted to Licensee hereunder.
Licensee agrees that Licensor shall not be estopped to revoke this License
pursuant only to events described in Section 14. and Section 16. of this
Agreement, notwithstanding any expenditure, regardless of the amount, that may
be incurred by Licensee with respect to the Premises. Licensee further agrees
that Licensee shall not contest Licensor's right to revoke this License.
2. Term - This Agreement may be continued in effect for so long as the
Facility is used for a public purpose.
3. Fee - Licensee agrees to pay Licensor Thirty Thousand Dollars
($30,000.00) upon execution of this Agreement.
4. Expenses of Licensee - Licensee shall pay the costs and expenses
listed below:
= (a) Taxes - Licensee is a tax exempt entity. Notwithstanding this, Licensee
shall pay charges, fees and assessments validly levied by a taxing entity on the
Premises, if any, by reason of Licensee's activities or by reason of the Facility.
Ply F�S�G�AQy RAIL CROSSING LICENSE AGREEMENT
Suffolk Street Storm Drain—MP 2.07 0FFICI4LJ1K0RO
CITY SECRETARY
FT. WORTH®TX
Licensor may pay such charges, fees or assessments, and such payments shall
be repaid.
(b) Utilities - Licensee agrees to pay for all utilities installed at Licensee's
request and for all utility services furnished to Licensee on the Premises.
(c) Other Expenses - In addition to the taxes and utilities as described
above, and unless otherwise specified herein, Licensee shall bear the sole risk
and pay for all costs and expenses of whatever kind and nature which may arise
from this License, including, without limitation, flagmen, inspectors, expenses to
construct, reconstruct, alter, repair and maintain the Facility and other
improvements or personal property located on the Premises by or on behalf of
Licensee.
(d) Interest -N/A.
(e) Reimbursement to Licensor - If Licensor, which has hereto retained
an easement upon the property upon which the Facility i.e.to be installed, shall have
made payments on behalf of Licensee for any costs or expenses incurred herein,
Licensee shall reimburse Licensor within ten (10) days from the date amounts for
such costs or expenses were incurred.
5. Limitation and Subordination of Rights Granted -
(a) The foregoing grant of right is subject air d subordinate to the prior
and continuing right and obligation of Licensor, to use and maintain its entire right
of way including the right and power of Licensor to construct, maintain, repair,
renew, use, operate, change, modify or relocate railroad tracks, signal,
communication, fiber optics, or other wire lines, pipelines and other facilities upon,
along or across any or all parts of its right of way, all or,any of which may be freely
done at any time or times by Licensor without liability to Licensee or to any other
party for compensation or damages.
(b) The foregoing grant is also subject to those restrictions, covenants,
conditions, reservations, easements and purchase options of what-so-ever nature
relating to the Premises and to all zoning laws, regulations, statutes, restrictions,
ordinances being municipal and/or other governmentail authorities, but only to the
extent they are in effect and forceable against the PreiT ises. In addition, Licensor
shall have the right to renew, amend, modify and ie�xtend any instrument or
agreement with respect to any restrictions, covenants conditions, reservations,
easements and options. Further, Licensee accepts the Premises "AS-IS AND
WITH ALL FAULTS", Licensor making no warranties as to title or fitness for the
purpose of which Licensee intends to use the Premises.
6. Use -
(a) Qualifications on Use - Licensee shall neitlier use nor permit any use
of the Premises for any purpose other than that set fortPi in Section 1 hereof.
RAIL CROSSING LICENSE AGREEMENT
Suffolk Street Storm Drain—MP 2.07 Page 2
This License is subject to all easements, leases, liens, conditions,
restrictions, encumbrances and claims of title which may affect the Premises.
Licensee accepts the Premises (including, without limitation, Licensor-owned
improvements, if any) in their present condition and without any representation or
warranty by Licensor as to the conditions of such Premises or improvements, and
Licensor shall not be responsible for any defect or change of conditions on the
Premises or in such improvements, any damage occurring thereto, or the
existence of any violation of any municipal, county, state or federal law, order, rule,
regulation or ordinance.
Licensee shall not (1) remove any earth or soil outside of tunneling
operations, (2) destroy, cut or remove any timber, trees or firewood standing or
lying thereon, (3) commit any waste thereon, or (4) permit others to commit any of
said acts. Licensee shall not do or suffer to be done in or upon the Premises any
act or thing which is or may be a nuisance. Licensee shall not use or permit others
to use the Premises for any unlawful or immoral purpose.
The Premises shall not be used for displaying signs and notices other
than those connected with the use of the Premises contemplated by this License.
(b) Maintenance and Repair - Licensee, at its expense and to the
satisfaction of Licensor, shall keep and maintain the Premises, the Facility and any
other improvements in good order and repair and in a neat, safe and workmanlike
manner condition, and promptly make all repairs and replacements that may
become necessary to the Premises or the Facility or other improvements or
appurtenances thereto, whether structural or nonstructural, ordinary or
extraordinary. If Licensee shall fail to perform its obligations under this Section
6.(b) Licensor may take action to so keep and maintain the Premises, the Facility
and any other improvements or appurtenances thereto, and Licensee shall
reimburse Licensor pursuant to Section 4.(e) of this Agreement.
Licensee shall keep and maintain the soil over the Facility thoroughly
compacted and the grade even with the adjacent surface of the ground.
(c) Construction, Alterations and Liens - Licensee shall give Licensor
forty-eight (48) hours' notice at(817) 201-4450 of the proposed dates and location
of construction. In case of emergency, the forty-eight (48) hour notice may be
waived; however, Licensee will make every effort to notify Licensor of such
emergency and that work is being done. If requested, Licensee shall furnish
Licensor with a bond in a form and in an amount satisfactory to Licensor prior to
commencing such construction, reconstruction, alteration or repair.
Installation shall be by either directional drilling or by dry boring and jacking
methods, and there shall be a minimum of eight feet (8') of groundcover from the
top of the bore. The Facility shall be constructed, operated, maintained, repaired,
RAIL CROSSING LICENSE AGREEMENT
Suffolk Street Storm Drain—MP 2.07 Page 3
7
renewed, modified and/or reconstructed by Licensee in strict conformity with
AREMA standards for a cased water pipeline, except as may be modified and
approved by Licensor's Director Special Projects. Ll�censor's Director Special
Projects may be contacted at 6300 Ridglea Place, Suite 1200, Fort Worth, Texas
76116, by telephone at (817) 763-8297 or by facsimile at (817) 738-9657. In all
cases of difference or conflict between AREMA standards and the requirements of
any federal, state or municipal law, the more stringent standard shall apply.
Licensee shall prevent the leakage of electric current from Licensee's
electric distribution line, if any, to such extent as may be necessary to avoid
interference with other electric transmission, signaling or communication lines.
Project markers in form and size satisfactory to Licensor shall be installed and
maintained by Licensee to identify the Facility and its owner at appropriate
locations, or at such locations as Licensor's designates. Such markers shall be
relocated or removed by Licensee within thirty (30) days of the receipt of Licensor's
written request.
Licensee shall keep all equipment, tools and materials stored at least 25
feet from the center line of any operable track. Explosives or other highly
inflammable substances or any hazardous materials regulated pursuant too
federal or state regulation will not be stored on Licensor's property.
Licensee shall install, at its own cost and expense, a submersible pump (the
"Pump") and provide electric service to the Pump as per the Secured Submersible
Pump and Temporary Electric Service specifications marked Exhibit "D" for the
purpose of pumping accumulated water from the Facility located upon the
Premises (the "Pumping Operation"). Licensee shill perform the Pumping
Operation until such time, as determined by Licensor, the Pumping Operation is
no longer required.
Licensee shall remove all of Licensee's tools, equipment and materials from
the Premises promptly upon completion of work, restoring the Premises to the
same state and condition as when Licensee entered thereon.
Absence of markers does not constitute a warn my by Licensor that there
are no subsurface installations.
Licensor has the right to post notices of no responsibility upon the Premises,
and to otherwise notify, actually or constructively, any Entity or persons supplying
services or materials to the Premises that Licensor is not responsible for the cost
thereof. Licensee covenants and agrees to hold Licensor, Licensor and the
Premises harmless from any mechanics' or materialmen's liens claimed by any
person, firm or corporation employed by or on behalf o1 Licensee. In the event of
the filing of any such liens, Licensee shall cause such liens to be discharged of
record within five (5) days after Licensor's written notice to do so. To the extent
permitted by law, Licensee shall indemnify and defend Licensor against all liability,
cost and expense (including attorneys' fees) incurred by Licensor as a result of
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Suffolk Street Storm Drain—MP 2.07 Page 4
any such lien. Nothing contained herein shall require Licensee to create a "sinking
fund" as described in the Texas Constitution, Article 11, Section 5.
All work performed on the Premises in connection with the construction,
maintenance, repair, renewal, modification or reconstruction of the Facility shall be
done to the reasonable satisfaction of Licensor.
Except in the case of an emergency as set forth in this Section 6, prior to
the commencement of any work in connection with the construction, maintenance,
repair, renewal, modification, relocation, reconstruction or removal of the Facility
where it passes underneath the roadbed and track or tracks of Licensor, Licensee
shall submit to Licensor plans setting out the method and manner of handling the
work, including the shoring and cribbing, if any, required to protect Licensor's
operations, and shall not proceed with the work until such plans have been
approved by Licensor's Director Special Projects and then the work shall be done
to the satisfaction of the Director Special Projects or his authorized representative.
The Director Special Projects' approval of Licensee's plans shall operate as
Licensor's acceptance of Licensee's deviations, if any, from specific construction-
related terms contained herein. Licensor shall have the right, if it so elects, to
provide such support (whether in the form of personnel, engineers, subcontractors
and/or materials) as Licensor may deem necessary for the safety of their track or
tracks during the time of construction, maintenance, repair, renewal, modification,
relocation, reconstruction or removal of the Facility, and, in the event Licensor
provides such support, Licensee shall pay to Licensor,within fifteen (15) days after
bills shall have been rendered therefor, all expense incurred by Licensor in
connection therewith, which expense shall include all assignable costs.
(d) Tests - Licensee shall cooperate with Licensor in making any tests that
Licensor may require or any installation or condition relating to Licensee's property
which, in Licensor's judgment, might adversely affect any existing or future facilities
of Licensor.
(e) Damage - If any damage is caused to the land or other property on the
Premises, Licensee agrees to promptly repair or pay the full replacement value of
such damaged property (regardless of amortization) to Licensor, at Licensor's
discretion.
7. Reinforcement Relocation or Removal of Facility -
(a) The license herein granted is subject to the needs and requirements
of Licensor in the operation of its railroad and in the improvement and use of its
right of way, and Licensee shall, at the sole expense of Licensee, reinforce the
Facility, or move all or any portion of the Facility to such new location as Licensor
may designate, whenever, in the furtherance of its needs and requirements,
Licensor shall find such action necessary or desirable unless such relocation or
removal frustrates the original purpose of the Facility.
RAIL CROSSING LICENSE AGREEMENT
Suffolk Street Storm Drain—MP 2.07 Page 5
(b) All the terms, conditions and stipulations herein expressed with
reference to the Facility on right of way of Licensor it the location hereinbefore
described shall, so far as the Facility remains on the right of way, apply to the
Facility as modified, changed or relocated within the contemplation of this section.
8. No Interference with Licensor's Operation -
(a) The Facility and all parts thereof within and outside of the limits of
the right of way of Licensor shall be constructed arid, at all times, maintained,
repaired, renewed and operated in such manner as to cause no interference
whatsoever with the constant, continuous and uninterrupted use of the tracks,
right of way and facilities of Licensor, and nothing shall be done or suffered to be
done by the Licensee at any time that would in any manner impair the safety
thereof.
(b) Licensee shall keep all equipment, tools and materials stored at
least 25 feet from the centerline of any operable track. Explosives or other highly
flammable substances or any hazardous materials reClulated pursuant to federal
or state regulation will not be stored on the Premises without the prior approval of
Licensor.
9. Protection of Fiber Optic Cable Systems -
(a) Fiber optic cable systems may be buried on Licensor's right of way.
Protection of the fiber optic cable systems is of extreme importance since any
break could disrupt service to users resulting in business interruption and loss of
revenue and profits. Licensee shall contact Licensor's Director Special Projects
to determine if fiber optic cable is buried anywhere on Licensor's Premises to be
used by Licensee. If it is, Licensee will contact the telecommunications
compar ies) involved, arrange for a cable locator, make arrangements for
relocation or other protection of the fiber optic cable, all at Licensee's expense,
and will commence no work on the right of way until all such protection or
relocation has been accomplished. To the extent permitted by law, and without
requiring the creation of a sinking fund as described in the Texas Constitution,
Article 11, Section 5, Licensee shall indemnify and hold the Licensor harmless
from and against all costs, liability and expense whatsoever (including, without
limitation, attorneys' fees, court costs and expenses) arising out of or caused in
any way by Licensee's failure to comply with the provisions of this paragraph.
(b) In addition to other indemnity provisions in this Agreement, Licensee
shall, to the extent permitted by law, and without requiring the creation of a
sinking fund as described in the Texas Constitution, Article 11, Section 5,
indemnify and hold Licensor harmless from and against all costs, liability and
expense whatsoever (including, without limitation, attorneys' fees, court costs
and expenses) caused by the negligence of Licensee, its contractor, agents
and/or employees, resulting in (1) any damage to or destruction of any
telecommunications system on Licensor's right of way, and/or(2) any injury to or
death of any person employed by or on behalf of any telecommunications
company, and/or its contractor, agents and/or employees, on Licensor's right of
RAIL CROSSING LICENSE AGREEMENT
Suffolk Street Storm Drain—MP 2.07 Page 6
way, except if such costs, liability or expenses are caused solely by the
gross negligence of Licensor. Licensee further agrees that it shall not have or
seek recourse against Licensor for any claim or cause of action for alleged loss
of profits or revenue or loss of service or other consequential damage to a
telecommunication company using Licensor's right of way or a customer or user
of services of the fiber optic cable on Licensor's right of way.
10. Claims and Liens for Material and Labor; Taxes -
(a) Licensee shall fully pay for all materials joined or affixed to and labor
performed upon right of way of Licensor in connection with the construction,
maintenance, repair, renewal, modification or reconstruction of the Facility, and
shall not permit or suffer any mechanic's or materialman's lien of any kind or
nature to be enforced against the right of way for any work done or materials
furnished thereon at the instance or request or on behalf of Licensee. Licensee
shall, to the extent permitted by law, and without requiring the creation of a
sinking fund as described in the Texas Constitution, Article 11, Section 5,
indemnify and hold harmless Licensor against and from any and all liens, claims,
demands, costs and expenses of whatsoever nature in any way connected with
or growing out of such work done, labor performed, or materials furnished.
11.Indemnification -TO THE EXTENT PERMITTED BY LAW, LICENSEE
SHALL INDEMNIFY, DEFEND AND SAVE HARMLESS LICENSOR AND THEIR
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVANTS,
SUCCESSORS AND ASSIGNS, FROM AND AGAINST ANY AND ALL SUITS,
ACTIONS, LOSSES, DAMAGES, CLAIMS, LIABILITY, COSTS OR EXPENSES,
OF ANY CHARACTER, TYPE OR DESCRIPTION, INCLUDING ALL EXPENSES
OF LITIGATION, COURT COSTS, AND ATTORNEYS' FEES, FOR INJURY OR
DEATH TO ANY PERSON, OR INJURY TO ANY PROPERTY, RECEIVED OR
SUSTAINED BY ANY PERSON OR PERSONS OR PROPERTY ARISING OUT
OF, OR OCCASIONED BY, DIRECTLY OR INDIRECTLY, THE PERFORMANCE
OF LICENSEE UNDER THIS AGREEMENT, INCLUDING CLAIMS AND
DAMAGES ARISING IN WHOLE OR IN PART FROM THE NEGLIGENCE OF
LICENSOR AND/OR ITS AGENTS AND EMPLOYEES. IT IS THE EXPRESSED
INTENT OF THE PARTIES TO THIS AGREEMENT THAT THE INDEMNITY
PROVIDED FOR IN THIS SECTION IS AN INDEMNITY EXTENDED BY
LICENSEE TO INDEMNIFY AND PROTECT LICENSOR FROM THE
CONSEQUENCES OF LICENSOR'S OWN NEGLIGENCE, OR THE
NEGLIGENCE OF ITS AGENTS OR EMPLOYEES, WHETHER THAT
NEGLIGENCE IS THE SOLE OR CONTRIBUTORY CAUSE OF THE
RESULTANT INJURY, DEATH, OR DAMAGE. TO THE EXTENT PERMITTED
BY LAW, LICENSEE FURTHER AGREES TO DEFEND, AT ITS OWN EXPENSE,
AND ON BEHALF OF LICENSOR AND IN THE NAME OF LICENSOR, ANY
CLAIM OR LITIGATION BROUGHT IN CONNECTION WITH ANY SUCH
INJURY, DEATH OR DAMAGE. NOTHING CONTAINED HEREIN SHALL
REQUIRE LICENSEE TO CREATE A "SINKING FUND" AS DESCRIBED IN THE
TEXAS CONSTITUTION, ARTICLE 11, SECTION 5.
RAIL CROSSING LICENSE AGREEMENT
Suffolk Street Storm Drain—MP 2.07 Page 7
LICENSEE HEREBY AGREES, IN THE CONDUCT OF ITS OPERATIONS
HEREUNDER, TO ABIDE BY AND COMPLY WITH ALL APPLICABLE LAWS,
STATUTES, RULES AND REGULATIONS OF ANN' FEDERAL, STATE OR
MUNICIPAL AUTHORITY, OR ANY OTHER PUBLIC BODY HAVING
JURISDICTION, INCLUDING WITHOUT LIMITATION, LAWS, ORDINANCES
AND GOVERNMENTAL REGULATIONS CONTROLING AIR, WATER, NOISE,
SOLID WASTES AND OTHER POLLUTION, ,4ND ENVIRONMENTAL
DAMAGES, AND TO FILE ALL REPORTS OR STATEMENTS REQUIRED IN
CONNECTION WITH THE CONDUCT OF ITS BUSINESS. TO THE EXTENT
PERMITTED BY LAW, LICENSEE SHALL AND DOES HEREBY INDEMNIFY
AND HOLD HARMLESS LICENSOR FROM ANY AND ALL LOSS, COST OR
EXPENSE WHATSOEVER, INCURRED BY REASON OF ANY VIOLATION OF
SUCH RULES AND REGULATIONS. NOTHING CONTAINED HEREIN SHALL
REQUIRE LICENSEE TO CREATE A"SINKING FUND" AS DESCRIBED IN THE
TEXAS CONSTITUTION, ARTICLE 11, SECTION 5.
FOR PURPOSES OF THIS SECTION 11:
"LICENSOR" SHALL BE COMPRISED OF:
(1) FORT WORTH & WESTERN RA9LROAD COMPANY, ITS
PARENT COMPANIES, ITS SUBSIDIARY COMPANIES, ITS AFFILIATE
COMPANIES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS,
EMPLOYEES, SERVANTS, AGENTS, REPRESENTATIVES AND INVITEES;
AND
(II) OTHER CONTRACTORS, OTHER THAN CONTRACTOR
HIRED BY LICENSOR AND THEIR RESPECTIVE [)IRECTORS, OFFICERS,
EMPLOYEES, SERVANTS, AGENTS, REPRESENTATIVES AND INVITEES.
"LICENSEE" SHALL BE COMPRISED OF:
(1) LICENSEE, ITS AFFILIATE COMPANIES, AND THEIR
RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES3, SERVANTS, AGENTS,
REPRESENTATIVES AND INVITEES; AND
(II) ANY CONTRACTOR HIRED BY LICENSEE WITH THE
CONSENT OF LICENSOR AND THEIR RESPECTIVE DIRECTORS, OFFICERS,
EMPLOYEES, SERVANTS, AGENTS, REPRESENTATIVES AND INVITEES OF
SUCH CONTRACTOR.
12. Insurance— Licensee is a self-insured entity. Licensee shall require its
contractors to procure and maintain during the life of the construction contract for
installation of the Facilities, the following insurance COVI-3rage:
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Suffolk Street Storm Drain—MP 2.07 Page 8
(a) Commercial General Liability Insurance. This insurance shall
contain broad form contractual liability with a combined single limit of a minimum
of $1,000,000 each occurrence and an aggregate limit of at least $2,000,000.
Coverage must be purchased on a post 1998 ISO occurrence or equivalent and
include coverage for, but not limited to, the following:
• Bodily Injury and Property Damage
• Personal Injury and Advertising Injury
• Fire legal liability
• Products and completed operations
This policy shall also contain the following endorsements, which shall be
indicated on the certificate of insurance:
• The exclusions for railroads (except where the Premises are more than fifty
feet (50') from any railroad including but not limited to tracks, bridges,
trestles, roadbeds, terminals, underpasses or crossings), and explosion,
collapse and underground hazard shall be removed.
• Coverage for Licensee's (and Licensor's) employees shall not be excluded
• Waiver of subrogation in favor of Licensor
No other endorsements limiting coverage may be included on the policy with
regard to the work being performed under this Agreement.
(b) Business Automobile Insurance. This insurance shall contain a
combined single limit of at least $1,000,000 per occurrence, and include coverage
for, but not limited to the following:
• Bodily injury and property damage
• Any and all vehicles owned, used or hired
The policy shall also contain the following endorsements,which shall be indicated
on the certificate of insurance:
• The exclusions for railroads (except where the Premises are more than fifty
feet (50') from any railroad including but not limited to tracks, bridges,
trestles, roadbeds, terminals, underpasses or crossings), and explosion,
collapse and underground hazard shall be removed.
(c) Worker's Compensation and Employers Liability Insurance including
but not limited to:
• Licensee's statutory liability under the workers' compensation laws of the
state affected by this Agreement.
• Employers' Liability (Part B) with limits of at least
$1,000,000 each accident,
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Suffolk Street Storm Drain—MP 2.07 Page 9
$1,000,000 disease policy limit
$1,000,000 each employee
(d) Umbrella or Excess Policies— In the event Licensee utilizes umbrella
or excess policies, these policies shall "follow form" and afford no less coverage
than the primary policy.
Other Requirements
(e) Where allowable by law all policies (applying to coverage listed
above) shall contain no exclusion for punitive damages and certificates of
insurance shall reflect that no exclusion exists.
(f) Licensee agrees to waive its right of recovery, and its insurers,
through policy endorsement, agree to waive their right of subrogation against
Licensor. Licensee further waives its right of recovery, and its insurers also waive
their right of subrogation against Licensor for loss of its owned or leased property
or property under its care, custody and control. Licensee's insurance shall be
primary with respect to any insurance carried by Licensor. All waivers of
subrogation shall be indicated on the certificate of insurance.
(g) All policy(ies) required above (excludinc Workers Compensation)
shall include a severability of interest endorsement and ,hall name Licensor as an
additional insured with respect to work performer under this Agreement.
Severability of interest and naming Licensor as additional insured shall be
indicated on the certificate of insurance.
(h) Prior to commencing work, Licensee shall furnish to Licensor
acceptable certificate(s) of insurance evidencing the required coverage,
endorsements, and amendments and referencing the subject mile post.
(i) Any insurance policy shall be written by a reputable insurance
company acceptable to Licensor or with a current Best's Guide Rating of A- and
Class VII or better and authorized to do business in the state(s) in which the service
is to be provided.
0) Allocated Loss Expense shall be in addition to all policy limits for
coverages referenced above.
(k) Licensor may reasonably modify the required insurance coverage to
reflect future risk management practices in the railroad industry and underwriting
practices in the insurance industry.
(1) Failure to provide evidence as required by this Section shall entitle,
but not require, Licensor to terminate this Agreement immediately. Acceptance of
RAIL CROSSING LICENSE AGREEMENT
Suffolk Street Storm Drain—MP 2.07 Page 10
a certificate that does not comply with this Section shall not operate as a waiver of
Licensee's obligations hereunder.
(m) For purposes of this Section, Licensor shall mean the "Tarantula
Corporation" and "Fort Worth &Western Railroad Company" and the subsidiaries,
successors, assigns and affiliates of each.
(n) If Licensee named in this Agreement is a public entity subject to any
applicable statutory tort laws, the limits of insurance shall be the limits the Licensee
then has in effect or which is required by applicable current or subsequent law,
whichever is greater, a portion of which may be self-insured with the consent and
approval of Licensor.
(o) The fact that insurance is obtained by Licensee, shall not be deemed
to release or diminish the liability of Licensee, including, without limitation, liability
under the indemnity provisions of this Agreement. Damages recoverable by
Licensor shall not be limited by the amount of the required insurance coverage.
In the event Licensee fails to comply with any provisions of this Section 12,
this Agreement shall automatically terminate without notice.
13. Destruction of Facility or Premises - If all or part of the Facility or
Premises is damaged or destroyed by fire or other peril, caused in whole or in part
by the acts or omissions of Licensee, Licensee shall restore the Facility and/or
Premises to their condition immediately prior to such fire or other peril unless,
within fifteen (15) days after such fire or peril, Licensee has given Licensor written
notice of its desire to terminate this Agreement, effective on the date of such notice.
If Licensee so elects to terminate this Agreement, the provisions of Section 15 shall
apply.
14. Condemnation - In the event all or any portion of the Premises shall
be taken or condemned for public use (including conveyance by deed in lieu of or
in settlement of condemnation proceedings), this Agreement shall be revoked on
the sooner of the order of possession or the date of the final order of condemnation
or deed. Licensor shall be entitled to all compensation and damages arising out
of such taking or condemnation, or sale in lieu thereof, and Licensee shall assign
to Licensor any and all compensation and damages awarded to Licensee in
connection therewith.
15. Termination - This Agreement shall terminate thirty (30) days after
receipt of written notice from Licensor when (i) Licensee fails to pay the license fee
when due pursuant to Section 3, or (ii) if Licensee is in default pursuant to Section
16, or (iii) when Licensee ceases to use the Premises for a public purpose.
(a) General - Termination or revocation of this Agreement shall not
release either party hereto from any liability or obligation hereunder, whether of
RAIL CROSSING LICENSE AGREEMENT
Suffolk Street Storm Drain—MP 2.07 Page 11
indemnity or otherwise, resulting from any acts, omissions, or events which
occurred prior to such termination or revocation, or thereafter in case by the terms
of this Agreement it is provided that anything shall or may have to be done after
such termination or revocations.
(b) Surrender of Premises - Upon termination or revocation of this
Agreement, Licensee shall discontinue the use of the Facility and, within sixty (60)
days, remove the Facility and all other property of Licensee from the Premises,
subject to subsection 15.(a) above. Licensee shall restore the Premises as nearly
as possible to the condition in which they existed prior to the construction of the
Facility. Property of Licensee not removed from the (Premises within sixty (60)
days after the termination or revocation of this License shall become the property
of Licensor. Licensee agrees to reimburse Licensor for the cost and expense
incurred by Licensor in restoring the Premises and in disposing of said property of
Licensee not so removed. If Licensee fails to surrender possession of the
Premises upon termination or revocation of this Agreement, Licensor shall have
the right, to the extent permitted by law, to reenter the Premises and remove
therefrom Licensee and any person or entity claiming by or through Licensee.
16. Default- Licensee shall be in default under this Agreement if Licensee
fails or refuses to pay any amount hereunder when due or if Licensee fails or
refuses to perform any other covenant or condition.
If Licensee fails to cure a default within thirty (.`10) days after notice from
Licensor to do so, Licensor shall have the right, without further notice and in
addition to any other remedies Licensor may have at law or equity, to revoke this
Agreement forthwith and to retake possession of the Premises.
17. Nonwaiver - Licensor's failure to enforce or exercise its rights under
any term, condition or covenant of this Agreement shall not be construed as a
waiver of such rights or of such term, covenant or conditions.
18. Attorneys' Fees - If either party takes any steps or brings any action
to compel performance of or to recover for breach of any term of this Agreement,
the losing party shall pay reasonable attorneys' fees of the prevailing party, in
addition to the amount of judgment and costs.
19. Personal Nature of Agreement - This Agreement is personal to
Licensee. As such, Licensee has no right to assign this Agreement in whole or in
part, or to sublicense the Premises in whole or in part.
20. Notices - Any demands, notices or statements herein requested or
required to be given by one party to the other shall be! in writing. Delivery of such
written notice, demands or statements to Licensor shall be conclusively taken as
sufficient if and when delivered in person or deposited in the U.S. mail, registered
or certified, postage fully prepaid, addressed to Licensor at:
RAIL CROSSING LICENSE AGREEMENT
Suffolk Street Storm Drain—MP 2.07 Page 12
with a copy to Licensor at:
Fort Worth &Western Railroad Company
6300 Ridglea Place, Suite 1200,
Fort Worth, Texas 76116
Attention: President& CEO.
Delivery of such written notice, demands or statements to Licensee shall be
conclusively taken as sufficient if and when delivered in person or deposited in the
United States mail, registered or certified, postage fully prepaid, addressed to
Licensee at:
City of Fort Worth.
Attn: TPW-Stormwater Department
200 Texas Street
Fort Worth, Texas 76102
Either party hereto may by written notice change the address to which such
demands, notices or statements may be sent.
21. Time of Essence -Time is of the essence of this Agreement.
22. The terms of this Agreement and all rights and obligations hereunder
shall be governed by the laws of the State of Texas.
23.To the maximum extent possible, each provision of this Agreement shall
be interpreted in such manner as to be effective and valid under applicable law,
but if any provision of this Agreement shall be prohibited by, or held to be invalid
under, applicable law, such provision shall be ineffective solely to the extent of
such prohibition or invalidity, and this shall not invalidate the remainder of such
provision or any other provision of this Agreement.
24. Entire Agreement - The contents of this Agreement are the entire
agreement between the parties and subject to Section 6 (c) with regard to the
Facility plans, supersede all written or oral communication between the parties
prior to its execution, all understanding and negotiations regarding the same
having been merged herein, it being their intention that this be an integrated
agreement.
25. If Work is to be Performed by a Contractor- If a contractor is to do
any of the work performed on the Facility (including initial construction and
subsequent relocation or substantial maintenance and repair work), then Licensee
shall require its contractor to execute Licensor's form Contractor's Right of Entry
Agreement. Licensee acknowledges receipt of a copy of the Contractor's Right of
Entry Agreement and understanding of its terms, provisions, and requirements and
RAIL CROSSING LICENSE AGREEMENT
Suffolk Street Storm Drain—MP 2.07 Page 13
will inform its contractor of the need to execute the Agreement. Under no
circumstance will Licensee's contractor be allowed onto Licensor's Premises
without first executing the Contractor's Right of Entry Agreement.
26. Compliance with Governmental Reguilations - Licensee hereby
agrees, in the conduct of its operations hereunder, to abide by and comply with all
applicable laws, statutes, rules and regulations of any federal, state or municipal
authority, or any other public body having jurisdiction, including, without limitation,
laws, ordinances and governmental regulations controlling air, water, noise, solid
wastes and other pollution, and environmental damages, and to file all reports or
statements required in connection with the conduct of its business.
27. Environmental -
(a) Licensee shall strictly comply with all federal, state and local
environmental laws and regulations in its use of the Premises, including, but not
limited to, the Resource Conservation and Recovery Act, as amended (RCRA),
the Clean Water Act, the Oil Pollution Act, the Hazardous Materials Transportation
Act, CERCLA (collectively referred to as the "Environmental Laws"). Licensee
shall not maintain a treatment, storage, transfer or disposal facility, or underground
storage tank, as defined by Environmental Laws on the Premises. Licensee shall
not release or suffer the release of oil or hazardous substances, as defined by
Environmental Laws on or about the Premises.
(b) Licensee shall give immediate notice to Licensor's Operations
Center at (817) 737-2550 of any release of hazardous substances on or from the
Premises, violation of Environmental Laws, or inspection or inquiry by
governmental authorities charged with enforcing Environmental Laws with respect
to Licensee's use of the Premises. Licensee shall use the best efforts to promptly
respond to any release on or from the Premises caused by Licensee. Licensee
also shall give Licensor immediate notice of all measures undertaken on behalf of
Licensee to investigate, remediate, respond to or otherwise cure such release or
violation.
(c) In the event that Licensor has notice from Licensee or otherwise of
a release or violation of Environmental Laws arising in any way with respect to the
Facility which occurred or may occur during the term of this Agreement, Licensor
may require Licensee, at Licensee's sole risk and expense, to take timely
measures to investigate, remediate, respond to or otherwise cure such release or
violation affecting the Premises or Licensor's right-of-way.
(d) Licensee shall promptly report to Licensor in writing any conditions
or activities upon the Premises or Licensor's right of way known to Licensee which
create a risk of harm to persons, property or the environment and, if caused by
Licensee, shall take whatever action is necessary to prevent injury to persons or
property arising out of such conditions or activities; provided, however, that
Licensee's reporting to Licensor shall not relieve Licensee of any obligation
RAIL CROSSING LICENSE AGREEMENT
Suffolk Street Storm Drain—MP 2.07 Page 14
whatsoever imposed on it by this Agreement. Licensee shall promptly respond to
Licensor's request for information regarding said conditions or activities.
28. Removal of Facility Upon Termination - Prior to the termination of
this Agreement howsoever, Licensee shall, at Licensee's sole expense, remove
(or abandon in place, pursuant to applicable federal, state and local laws) the
Facility from those portions of the right of way not occupied by the roadbed and
track or tracks of Licensor and shall restore, to the satisfaction of Licensor, such
portions of such right of way to as good a condition as they were in at the time of
the construction of the Facility. If Licensee fails to do the foregoing, Licensor may
do such work of removal and restoration at the cost and expense of Licensee.
Licensor may, at its option, upon such termination, at the entire cost and expense
of Licensee, remove the portions of the Facility located underneath its roadbed
and track or tracks and restore such roadbed to as good a condition as it was in at
the time of the construction of the Facility, or it may permit Licensee to do such
work of removal and restoration to the satisfaction of Licensor. In the event of the
removal by Licensor of the property of Licensee and of the restoration of the
roadbed and right of way as herein provided, Licensor shall in no manner be liable
to Licensee for any damage sustained by Licensee for or on account thereof, and
such removal and restoration shall in no manner prejudice or impair any right of
action for damages, or otherwise, that Licensor may have against Licensee.
29. Waiver of Breach - The waiver by Licensor of the breach of any
condition, covenant or agreement herein contained to be kept, observed and
performed by Licensee shall in no way impair the right of Licensor to avail itself of
any remedy for any subsequent breach thereof.
30. Licensors Obligations Are Several - Licensor's obligations under
this Agreement, and any liability with respect thereto, are limited solely to
Licensor's ownership interest or other rights with respect to its interest in and to its
portion of the Premises owned.
31. Joint Efforts of the Parties -All parties to this Agreement have had
access to counsel and have had an opportunity to read, review, or revise this
Agreement. This Agreement is the result of the joint efforts of the parties and their
counsel. Therefore, the parties agree that this Agreement, or any provision of it,
shall not be construed against the drafter.
32. Miscellaneous -
(a) In the event that two or more parties execute this instrument as
Licensee, all the covenants and agreements of Licensee in this Agreement shall
be the joint and several covenants and agreements of such parties.
(b) In the event of litigation on this instrument and should one or more
clauses be found invalid, all other provisions of the Agreement are to stand as
written.
RAIL CROSSING LICENSE AGREEMENT
Suffolk Street Storm Drain—MP 2.07 Page 15
(c) The terms of this Agreement and all rights and obligations hereunder
shall be governed by the laws of the State of Texas.
(d) This Agreement shall not be modified except by written agreement
of the parties. In the event of any conflict between the provisions of this Agreement
and the provisions of any other written document or agreement between the
parties, the provisions of this Agreement shall control. In the event of any conflict
between the provisions of this Agreement and the provisions of any other written
document or agreement between the parties, the provisions of this Agreement
shall control.
33. Agreement not to be Assigned - Licensee shall not assign this
Agreement, in whole or in part, or any rights herein granted, without the written
consent of Licensor . Licensor's written consent shall not be unreasonably
withheld.
34. Successors and Assigns - Subject to the provisions of Section 33
hereof, this Agreement shall be binding upon and inure to the benefit of the parties
hereto, their heirs, executors, administrators, successors and assigns.
IN WITNESS WHEREOF, the parties hereto have executed this agreement
in duplicate as of the day and year first herein written.
LICENSEE: LICENSOR:
CITY OF FORT WORTH FORT WORTH & WESTERN
RAILROAD COMPANY
13Y: By: _�C�
bas=�
PRINT----',-'). v SQ vl 1, tj I S Kevin Erasmus
'TITLE: Ass . ` Pci President & CE
DATE: 3 Date:
A OVA RECOMME DED:
By: ' I
Name:
Steve Cooke
Interim Director
Transportation and Public Works
RAIL CROSSING LICENSE AGREEMENT OFFICIAL,RECORD
Suffolk Street Storm Drain-MP 2.07 CITY S0e RY
FT: WORTH,TX
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 r men
APP VED AS O FORM AND LEGALITY
By:
_ 9&00��.
Name:
Assistant City Attorney
ATTEST: �OF��RT�
ary
City Se t
Form 1295 No. �x�5
M&C No.:
M&C Date:
OFFICIAL RECORD
RAIL CROSSING LICENSE AGREEMENT
Suffolk Street Storm Drain—MP 2.07 CITY SEC TARP
FT. WORM TX
Exhibit A
2018 Westcliff Drainage Improvements
City of Fort Worth Project =01669
Fort Worth & Western Railroad Crossing Exhibit
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SEMINARY
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DATUM �- WAIX
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Exhibit B
999941-1
S=C ASUIC,PIPE
Par 1 of 3
1 SECTION 94 99 01
2 SMOOTH STEEL PIPE
3 PART1- GENERAL
4 1-3 SL3ibdIARY
5 A_ Section Includes_
6 1. Minims requirements for manufacturing.furnishing and transporting Smooth
7 Steel Pipe to be installed by Hand Tunnelutg under the Fort Worth and Western
a Railroad(FWWR)at the locations sholazt ou the Drawings
9 B. Related Specification Sections include,but are iwt necessarily limited to.
10 1. Dh-ision 0—Bidding F equ_eme>s,Contract Foams,and Conditions of the
11 Contract
12 2. Division 1—General Requirements
13 3. Secti(m 99 9p 02—Hand Tunneling
14 1.2 PRICE AND PAYMENT PROCEDURES
15 1. By Hand Tunneling
16 a Measurement
17 1) Measured along the longitudinal centerline of the pipe from the initial
Is beginning point as shown on Drawings to the end of construL on as shown
19 on Drawings,excluding inside ditnr rLdons of any structures encmmtered.
20 b. Payment
21 The work performed and materials fdruished.m accordance with this Item
and measured as pnn ided under`!Aeasurement 7 will be paid for at the unit
23 price bid per linear fiat of"Smooth Steel Pipe,By Hand Tunneling"
24 installed for 90'Inside Diameter Smooth Steel Pipe
25 r- The price bid shall include.
26 1) Fuzn;shing and mstalting Smooth Steel Pipe as specified by the Drawings
27 2) Mobilization
2a 3) inrtnumentatt_on and'Mcnitoaing for Tunneling
29 4) Installation of settlement mingatma measures
30 7 Launching shaft
31 6) Receiving shaft
32 7) Paimmeat remo-ml
33 S) Excavation
34 a) Hauling
35 10)Dispersal of excess material
36 11)Furnishing,placement,and compaction of backfill
37 12)Clean-up,restoration;and dernobnlimation
39 13 REFERENCES
39 A_ Reference Standards
4D 1. Reference standards cited in this Specification refer to the current reference
41 standard published at the time of the latest revision date logged at the end of this
42 Specification,unless a date is specifically sated_
CITY Ctc FCCRr VWCRrH Ww=h$Seath a=ap E gmmmomt-Phew M
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RAIL CROSSING LICENSE AGREEMENT
Suffolk Street Storm Drain—MP 2.07 Page 20
9499 a1-2
STEEL G4sD4G PM
Pmp2afI
1 2. American Association of StateH]gbwa3'and Transportation Officials(AASHTO):
2 a. LRFD Bridge Design Specifications
3 3. American Rzillway Engineering and 3daintenance-of-VATAssociation(AREMA):
4 a. Manual for Railway Engineering
5 A. AS TM International(ASTM):
6 a. A139,Standard Specification for Electric.-Fusion(Arc)-Welded Steel Pipe
7 (NPS Sizes 4 and Over).
a 5. American Water Works Association(AWWA)-
4 a. C203,Coal-Tar Protecti%-e Coatings and Linings for Steel Water Pipelines-
10 Enamel and Tape-Hot Applied.
11 ld ADMINISTR.A IIGE REQU-1REXIENTS[NOT USED]
12 1-5 SLB&=ALS
13 A- Submittals shall be in accordance with Sectk m 0133 00-
14 B. All submittals shall be submitted to FW WR by the City for review and approval.
15 C. All submittals shad be approved by the City and FWVVR poi or to deln'ery.
16 1.6 ACTION SLBMiTTALS4MFORMAT O-NAL S[.MM=ALS
17 A. Product Data
1 a 1. Interior Coating
14 a. Material data
20 b. Field touch-up procedures
21 B. Soap Drawings
22 1. For Tvmeling,provide the following:
23 a. Furnish details for Smooth Steel Pipe outlining the following:
24 1) Chmutlabricarkm parts
25 2) Joint and weld details.
26 3) Other miscellaneous items for firm ping and fabricating pipe
27 b. Submit calcalatinus in a neat,lepble format that is sealed by a Licensed
28 Professional Engmeer m Texas,consistent with the mfOmation provided m the
29 geotechnical report,and includes:
30 1) C-alcnlations confirming that pipe lacking capacity is adequate to resist the
31 anticipated jacking loads for each cross$g with a minimum factor Of safety
32 of 2
33 2) C 1culations confirming that pipe capacity is adequate to safely support all
34 o1her anticipated loads,inchrdumg earth and groundwater pressures,
35 surcharge loads,installation loads,and bandling loads
36 3) Calruliftons confirming that jmut welds vaTl support all loading conditions
37 1-7 CLOSEOUT SUBMITTALS[NOT USED]
38 1-3 MArN7"FNANCE MATERIAL SUBMITTALS[NOT USED]
34 19 QUALITY ASSURANCE[NOT USED]
40 119 DELIVERY,STORAGE,AND EL NDL NG
41 A. Delhwy,Handling,and Storage
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RAIL CROSSING LICENSE AGREEMENT
Suffolk Street Storrs Drain—MP 2.07 Page 21
9999 D1-3
STEEL C404 G PTE
Pmp 3 aE5
1 1_ Prior to delivery of the pipe,end eternal bracing shall be fart ished and installed,
2 as recommended by the manufacturer,for protection during shipping and storage.
3 2. Defter,handle and stare pipe in accordm3ce with the Manufacturer's
4 reoo® itions to protect coating systems.-
5 111 FIELD[SITE]CONDITIONS[NOT USED]
6 112 WARRANTY[-NOT USED]
7 PART 2- PRODUCTS
9 21 OWNER-FURNISHED [oa]O'"NER-SLiPPI IDPRODi;CTS[NOT USED]
9 21 MATERIALS
10 A- Design Criteria
11 1. The Contractor is fully responsible for the design of Smoom Steel Pipe that meets
12 or exceeds the design requirements of this Specification and that is specifically
13 designed for installation by the intended Band Tunneling method.
14 2. For Smooth Steel Pipe utilized for tmineliag projects,consider the fbllotring:
15 a. Design of the casing pipe shall accournt for all installation and service loads
16 in1udizg_
17 1) lacking loads
l8 2) External groundwater and earth loads
19 3) Traffic loads,including roadway to,-.ds and railroad loads.
20 a) Highway loads shall be in accordance with AASHTO LRFD Bridge
21 Specificatiams.
22 b) Railroad loads shall consist of C ooper E80 loading in accordance with
23 the AREMA.Ma—al for Railway Engineering.
24 4) Practical consideration.fDr handbn . shipping and other construction
25 operations
26 5) Any other live or dead loads reason.:laly anticipated
27 b. Design shall be sealed and signed by a:.2_4sbered Professional Engineer
28 licensed in the State of Texas.
29 c. The allcrarable jacking capacity shall nor exceed 50 percent of the rainiarnm
30 steel yield stress.
31 3. Smooth Steel Pipe shall have it mininmm sv M thickness as indicated on the
B 4. Drawings
34 4. Smooth Steel Pipe shall be pFmwkd with irside diameter as indicated on the
35 Drawings-
36 S. Furnish in lengths that are cwnpatilhle with Contractor's shaft sines and allowable
37 wo*areas.
39 6. Randcan segments of pipe will not be per=-red for straight runs of casing.
34 a. Cllosmg piece segment,however,shell be wxeptable.
40 7. Pro4-ide gmutdabrkant ports along the ptc at intervals of 10 feett or less.
41 a. ports and fittings shall be attached to tin pipe is a manner that will not
42 materially affect the strength of thie pip nor interfere with-stalls n of carrier
43 pipe.
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RAIL CROSSING LICENSE AGREEMENT
Suffolk Street Storm Drain—MP 2.07 Page 22
999-001-4
STEa.QUM PLOF
Sago 4 of l
1 b. Plugs for sealing the fittings shall be provided by the Contractor and shaII be
2 capable of withstanding all external and ixrtemal pressures and loads without
3 leaking.
4 B. T�fateriah
5 1. Provide new,smooth-wall,carbon steel tripe umfoxmmg to ASTM A139,Grade B
6 with a minimum wield strength of 35 ksi-
7 2. Dimensional Tolerances
a a_ Furnishing and installing Smooth Steel pipe with dimensional tolerances that
9 are compatible with performance requirements and proposed installation
10 methods that meet or exceed the specific requirements below:
11 1) Minim-wall thickness at any point shall be at least 97.5 percent of the
12 nominal wall thickness.
13 2) Outside circianference with 1.0 percent or 3 4 inch of the nommal
14 ckc m ferenre;whichever is less.
15 3) Outside diameter of the pipe shall be within 11 inch of the nominal outside
16 diameter_
1 7 41 Roundness such that the dif Bare ce between the major and minor outside
1 a diametenc shall not exceed 0.5 percent of the specified nominal outside
19 diameter or 114 inch,wbichever is less.
2D :5) Maximum allowable straightness de%iation of lib inch in any 10-foot
21 length
22 3. All steel Pape shall have square ends.
23 a_ The ends of pipe sections shall not vary by more than UE inch at any point from
24 a true plane perpendirntar to the axis ofthe pipe and passing through the center
25 of the pipe at the end.
26 b. When pipe ends have to be beveled for welding,the ends shall be beveled on
27 the outside to an angle of 35 degrees with a tolerance off 2°z degrees and with
2a a width of root face li ld inch=132 inch_
29 4. Smooth Steel Pipe shall be fabricated with longitudinal weld seams.
30 a All girth weld Sarum shall be ground flash
31 C. Finishes
32 1. Pmvide inside of-Smooth Steel Pipe with a coal-tar protective coating in
33 accordance with the requirements ofAWWA C203.
34 a Touch up after field welds shall provide coating egmal to those specified above.
Cmr[E FORMCRIM
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RAIL CROSSING LICENSE AGREEMENT
Suffolk Street Storm Drain—MP 2.07 Page 23
999901-7
SLFII.r—kmgG P1PP
Pagp 7 of 7
1 2.3 ACCESSORIES[NOT USED]
2 2A SOURCE QUALITY CONTROL[NOT USED]
3 PART 3- F CUTION
4 31 INSTALLERS[NOT USED]
5 3.2 EXA16U ATION [NOT USED]
6 3.3 PREPARATION[NOT USED]
7 3A INSTALLATION
$ A. Install Smooth Steel Pipe is accordance with Section 99 99 02.
9 1. Smooth Steel Pipe shall have a welded storm_Lt longitudinal seanL
10 2. The ends of each section of pipe shaII be sgime tut.
11 3. One end shall be beveled for field welding,,=cbons together.
12 B. Contact grouting of the annulus outside the SmcyAh Steel Pipe shall be performed in
13 accordance with Section 99 99 02.
14 3r REPAIR r RESTORATION[NOT USED]
15 3.6 RE-I1kSTALLATION[NOT USED]
16 3.7 FIELD[on]SITE QUALITY CONTROL[NOT 1C7SED]
17 32 SYSTEM STARTUP[NOT USED]
19 39 AD-DUSTING[NOT USED]
19 319 CLEAN-LNG[NOT USED]
20 311 CLOSEOUT ACTIVT=S[NOT USED]
21 312 PROTECTION[NOTUSED]
22 313 MAE4TEA NCE [NOT USED]
23 314 ATTACEMENTS[NOT USED]
24 END OF SECTION
25
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RAIL CROSSING LICENSE AGREEMENT
Suffolk Street Storm Drain—MP 2.07 Page 24
Exhibit C
99 99 Q3-1
SECL n SUMMUMEZ PUW Al T CY EUCMC SEKM)M
PAEa 1 of 7
1 SECTION 99 99 03
2 SECURED SUBMERSIBLE PUMP AND TEMPORARY ELECTRIC SERVICE
3 PART1- GENERAL
4 1-1 St'& A Y
5 A_ Section Includes:
6 1. SecLued Submersible Pump and Temporary Electric Sewice needed to pump storm
water during rainfall events.post construction
a B. De0ati,ons from this City of Fort Worth Standard Specification
9 1. None.
10 C. products Installed But Not Furnished Umder This Section
11 1. None
12 D, Related Specification Sections mclade�bid are not necessarily limited to:
13 1. Division 0-Bidding R aquae tints,Contract Foams,and Conditions of the
14 Contract
15 2. Division 1-General Req&ements
16 12 PRICE AND PAYMENT PROCEDURES
17 A_ Measurement and payment
la 1. Measurement
19 a Measurement for Secured Submersible P1mup and Temporary Electric Service
20 will be measured by:
21 1) Lump sum
2-1 2. Payment
23 a_ The work performed.and materials ftmaished in accordance with this Item and
24 measured under``Measuremm�ent"will be paid for at the unit price bid for
25 �Senred Submersible Pump&Temp-E3ec-Service of the type specified.
26 3. The price bid shall include:
2; L Water Pump(secured)
2a b. Secaring devices
24 c- Fittings,sealants
3D d Hoses(secured)
31 e_ Providing temporary electric services(from franchise utility poorer supply to
32 the pump)in accordance with Oncor Electric Delhnary's"Temporary Serge
33 from(M-erhead Secondary"Figure 6-A and Lsyxaut attached.
34 1) Install a weatherproof circuit breaker service panel(Figure 6-A Nate 7,
35 minimum 125 amp main bus, 10K AIC)shall contain a 20 amp,,I-pole
36 branch circuit breaker for powering the pump via a receptacle.
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RAIL CROSSING LICENSE AGREEMENT
Suffolk Street Storm Drain-MP 2.07 Page 25
99 99 03-2
SECURED cUgMEKS L PLAC AM TENOKWM E Fe-MC SE ICE
Pkm 2 of F
1 2] Install a weatberpraof;pad-lockable,hinged cover junction box below the
2 breaker panel- The junction boa shall house a simpbex,20 amp, 125 volt,
3 aon-GFCI receptacle. Vltarin�c between the circuit breaker and receptacle
4 shall be via a N"Schedule 40 PIVC condair with 2#12+10012 GND THWN
5 copper conductors.
6 3] A Y diameter Schedule 40 PVC Conduit shall be installed from the pump
Iocation and terminate into the bottom of the junction boar. The pump cable
a sh211 be routed through the conduit and plug into the receptacle-
9 L Coordination with Power Company and associated
1 a g. All meters,wires and other related electric appurtenances
11
12
13 1-3 REFERENCES[NUT USED]
14 1A ADI ISTRA.TI TE REQUIRENIEATS[NUT USED]
li 1.5 SLBXHTTALS
16 1.6 SHOP DRAMM GS: SUBMIT IN ACCORDANCE WTT3 STANDARD SUBMITTAL
17 REQL1RENfENTS_SHOP DRAWING SUBN=ALS SHALL INCLUDE:
la A_ Shop Drawings showing layout and connections for pumps. Include setting Drawings
1 G with templates,and directions for installation of fuundation bolts,anchor bolts,and
211) other anchorages.
21 B. product data including certified perfornimice curves,weights{shipping.insmlled, and
22 operatinIX famished specialties,and accessories,plus installation and start-up
23 instructions.
24 C. CONTRACTOR shall submit to ENGINEER for approval performance carves on each
2� pump_'These curves shall include capacity,beam,required NIPSH efficiency and
26 horsepower required for operation as shown on Puzop Schedule and on Drawings.
2; D. R'iriW diagrams detailing wiring for poorer,signal,and control systems;differentiating
28 between mamfacturer-installed wiring and field-installed wiring-
2
=CFF4$I'[Cc8t1 H Eh—2331
STANDARD CONSTX=CN SW C7rXTMN DMACET15 [01669
ha X-MIS
RAIL CROSSING LICENSE AGREEMENT
Suffolk Street Storm Drain—MP 2.07 Page 26
999903-3
cFarnD SUMAERSIEU POW AM TEMPC1tARY ELECMC SM'KE
Pip 3 cf7
1 1-7 ACTION SU'BMITTALSIMORMATIO1NAL SUBMITTALS[NOT USED]
2 1-8 CLOSEOUT SUBMITTALS[NOT USED]
3 19 16 AINTE1tiANCE X TERIAL.SUB3flTTALS
4 OPERATION AND MAINTENANCE MANUALS SUBMIT IN ACCORDANCE iI=
S STANDARD SUB'I"MA.L REQUIREMENTS.OPERATION AND MAINTENANCE
6 MANUALS FOR ITEMS INCLUDED UNDER THIS SECTION.
7 110 QUALITY ASSURANCE
It 111 CODES AND STANDARDS:
9 A- Hydraulic twctitate Compliance:Design,manufacture,and install pumps in accordance
10 with"Hydraulic Institute Standards_"
11 B. National Electrical Code Compliance:Components shall comply with NFPA 70,
12 'National Electrical Code."
13 C. UL Compliance:Pumps shalt be listed and labeled by UL and comply with UL
14 Standard 779,"Motor OperRted Water Pumps."
15 112 DEInER'Y, STORAGE,AND HANDLIING
16 A- Apply factory finish paint to assembled,bested netts pcior to shipping.
17
18 B. Preparation for Shiplring: Attu assembly and testing, clean fi un and exposed
19 machined metal surfaces and treat with as anti-corresion compouncL Protect flanges,
20 pipe openings,and nozzles.
21 1. Store pumps in a dry locadou:L
22 2. Retain shipping flange prommne cas-ers and protective coatings during storage-
23 3. Protect bearings and couplings agaivat damage from sand, grit, and other foreign
M matter.
25 4. For extended storage times (greater than 30 days,dry internal parts with hat air or a
26 vmcumn-pradmcing de-ice.After drying,coat internal parts with light od,kerosene,or
27 antifreeze_Dismantle bearings and couplings,dry and coat with an acid-free,heavy
29 oil,and tag and store in dry location.
29
30 C. ConWly with manufacturer%rigging instiactiuls for handlmg,if required.
31
32 113 FIELD(SITE]CONDITIONS(NOT USED]
33 114 WARRANTY]:NOT USED]
34 PART 2- PRODUCTS
35 21 OWNER-FURNISHED PRODUCTS
36 None
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RAIL CROSSING LICENSE AGREEMENT
Suffolk Street Storm Drain—MP 2.07 Page 27
999943-4
SECLMM QJM LR ,P AM MUMAK E FCMC SEX=
Pap 4 of
1 2-2 EQUIPMENT,PRODUC F TYPE,AA-D I&ATERIALS
A. Subject to compliance with specified requiremen s, mamrfacturers offering products
3 which msy be incorporated m WoA include:
4 1. 5torar Sewer Dewfatenng Pmnp:
5 a. Tsui m~i SanllTrash Water Pump
6 b_ Appro4-ed Equal
a B. STOR_1i SEWER DEWATERING SU4![P FL71.0
9
10 1. Pump shall be capable of pumping tmscreenec storm sewage containing sand and
11 debris
12 ? Casing:Gast aluminum
13 3. Impeller. Semi-vortex fabricated of urethane ribber
14 4. Shaft Stainless steel
15 5. Motor_Submersible 1 HP, 115,,60.
16 6. Controls:Fro%zde the pumps with a float switch with piggy-bade plug.'receptacle
17 for automatic start stop of pump.
IS 23 ACCESSORIES [-TOT USED]
19 2A SOURCE QUALITY iC01r-TROL[NOT USED]
2D FART 3- C'UTIOlti
21 3-1 IItiSTALLERS[NOT USED]
22 3-2 ElLkIl ATION
L3 A. The following requirements apply only to pumps famished under this Section..Pumps
24 furnished under other Sections may hax-e different requirements.
25 1. Examines areas, equipment foundations, aid conditions for compliance with
26 requirements for installation and other c+x4ittions affecting performance of
27 plumbing pumps.Do not proceed with installation until unsatisfactory conditions
2S hax�e been conmcted
2. Examine rough-in for piping systems to verify actual locations of piping
30 connections prior to installation_
31 33 PREPAR.aiTIOI` [VOT USED]
32 3.4 INSTALLATION
33 A_ Co®ply with mam,facturer's written installation and alignment instructions.
3.4 B. Install pumps in locations and arrange to provide access for periodic nuintenance
35 including removal of motors,impellers, couplings,and.accessories.
36 C. Set frame-mounted pumps on concrete foundation Disconnect coupling halves before
37 setting.Do not reconnect couplings until the alignmeat operations hrve been
3a completed.
arse CF FM to tx s—2J
STANUMM C0NS7$Z7C'lIC3N SPECRICAM N DCC;.AfE.ViS [01669]
Jim 2.2019
RAIL CROSSING LICENSE AGREEMENT
Suffolk Street Storm Drain—MP 2.07 Page 28
999963-I
P�r I aE7
1 D. After pumps are level,tighten the fdaudat on bolts eimnly but not too fimly.Fill the
2 base Plate completely with nonshrmk,nonmetallic grant with metal blocks and shims or
3 wedges in place-Afhez grout has cured,fin tigbtgn fomndation bolts..
4 E. Electrical wiring and connections per a certified electrician-
5 F. Control vriring and connections per a catified elec ncian.
6 3.5 REPAIR{RESTORATION[NOT USED]
7 3.6 RE-INSTALLATION[NOT USED]
a 3-7 FIELD[dial STYE QUALITY CONTROL
9 A. Check suction line connections fur tightness to avoid drawing air into the pump.
10 B. A factaay-traimed represrntatkne shall be furnished to check the installation of the
11 prefabricated water pump package, start the pump system,and imsnuct plant personnel
U on its operation-
13 3-3 SYSTEM STARTUP
14 Final Checks Before Startarp_PerfD=the foillowingpreventative maintenance operations
15 amd checkss before start-ag_
16 A. Lubricate oil-lubricated beasmgs.
17 B. Remove grease-hdmirated bearing cm.ers,and flash the bearmgs with kerosene and
Ill thtwoughly clew Fill with new lubricant is accordance with ma's
19 recommendations.
20 C. Check zrmtor for proper rotation.Rotation shall match direction of rotat u m marred on
21 pump casing.
22 D_ Cheek that pump is free to rotate by band For pumps hamdlimg bat liqu 1s,pump shall
23 be free to rotate with the pump bat and cold-If the pump is bound or unen drags
34 slightly,do not operate the pump until the cause of the trouble is deb=med and
25 corrected.
26 39 ADJUSTING [NOT USED]
27 319 CLEAN-LNG [NOT USED]
26 311 CLOSEOUT ACTIV=S[NOT USED]
29 312 PROTECTION
30 A. Ckm&actor to secure the pump to the 10a14 Junction Boa at station 0+00 to protect the
31 pump from damage die to nubulemt Sews.
32 B. Contractor to secure the discharge line to the 10xlD JumctU m Boa to protect the line
33 from damage or z wvv memt due to turbulent f kvws.Emsure time discharges into proposed
34 24-RCP exiting the jinn boa.
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2013
RAIL CROSSING LICENSE AGREEMENT
Suffolk Street Storm Drain—MP 2.07 Page 29
99 99 03-d
SECMW SEMAERSM E P AP AM TENUMANT ELEC UC SML%T=
Pap d of 7
1 3-13 MAINTE_*iANCE (NOT USED]
2 3-14 ATTACHMENTS[2 ATTACHED]
3
4 LOCATION OF TEW"RARY POLE
i (INTERSECTION OF GRAABURY RD-AND SUFFOLK DR-)
6
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RAIL CROSSING LICENSE AGREEMENT
Suffolk Street Storm Drain—MP 2.07 Page 30
999963-7
SLCXS)SVB&9MSMKZ FLW AND 7EMPMAILY LYRIC 5mim
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RAIL CROSSING LICENSE AGREEMENT
Suffolk Street Storm Drain—MP 2.07 Page 31