HomeMy WebLinkAboutContract 40587ITY SECRETARi(OSB
®NTRACT NO.
JOINT USE AGREEMENT
BETWEEN
CITY OF FORT WORTH, TEXAS
AND
FORT WORTH TRANSPORTATION AUTHORITY
THIS AGREEMENT ("Agreement") is between the City of Fort Worth, Texas
("City"), a Texas municipal corporation and the Fort Worth Transportation Authority
("FWTA" or "The T"), a regional transportation authority created under Texas
Transportation Code ch. 452. The Agreement is effective on the date the last party
executes it.
WHEREAS, the City owns and operates a system of streets for public use and
benefit, including Vickery Boulevard and Center Street; and
WHEREAS, the Texas Department of Transportation, the City, and the North
Texas Tollway Authority entered into an agreement with Union Pacific Railroad
Company ("Union Pacific") on January 8, 2009 (the "Formal Agreement"). The Formal
Agreement concerned the development of the Southwest Parkway/SH 121, a proposed
toll project running from IH 30 'to Altamesa Boulevard in Tarrant County. The
agreement contemplates in part the construction of the toll project over the Davidson Rail
Yard owned by Union Pacific and interconnecting the toll project with IH 300 and
WHEREAS, to assist in the development of the Southwest Parkway, FWTA has
by a Donation Deed dated September 21, 2009, conveyed to the State a 4.371 acre tract
of land in Tarrant County ("Parcel 12"); and
WHEREAS, FWTA plans to implement additional commuter rail operations in
Tarrant County including adjacent to IH 30. FWTA desires this license agreement to
construct and operate a system of railroad tracks over portions of rights of way owned by
the City as described in this Agreement; and
WHEREAS, the City agrees that FWTA, its contractors or its operators should be
allowed to use portions of the City's rights of way for the construction, maintenance, and
operation of trackage under this Agreement.
NOW THEREFORE, the parties agree as follows:
I. LICENSE &PERMISSION.
a. The City holds title to the right of way for Vickery Boulevard and
Center Street and the alley connecting to Vickery Boulevard. The City's right of way
includes the areas identified by metes and bounds in Exhibit A, attached hereto and made
apart hereof for all purposes, and by survey drawings in Exhibit B, attached hereto and
made apart hereof for all purposes, identified as the "Subject Property." The City hereby
07-21-1 0 A09 � 55 I t`1
OFFICIAL RECvry
WO
C�a
grants license and permission to FWTA or its operators to design, install, operate and
maintain trackage within the Subject Property for purposes of passenger rail service and
use by other on -track vehicles that supports passenger rail service. The license authorizes
the construction, operation and maintenance of trackage and other appurtenances
including drainage facilities ("Trackage Facilities").
b. The design, installation, operation and maintenance of the Trackage Facilities
will be at the sole cost and expense of FWTA or its operators. FWTA shall own all
Trackage Facilities. Subject to the City's rights under this Agreement, the City may not
materially interfere with FWTA's use of the Subject Property.
c. The City grants permission subject to any use and occupancy agreements or
other rights which utility companies currently or in the future may hold to maintain and
operate poles, wire lines, and pipelines on, over, or under the Subject Property. FWTA or
its contractors must make their own arrangements with utility companies for any
necessary relocation or alteration of utility facilities. The City further grants permission
subject to any rights in the Subject Property which arise from the ownership and
utilization of the mineral estate.
d. This license and permission is granted solely for purposes of passenger
rail service and use by other on -track vehicles, at FWTA's sole cost and expense, for the
proposed improvements as shown on Exhibit C, attached hereto and made apart hereof
for all purposes. It is expressly subject and subordinate to the present and future rights of
the City, its successors, assignees, lessees, grantees and licensees, to (1) maintain, use,
operate, and renew on, beneath, or above the surface of the Subject Property any
roadways, telephone, telegraph, power; communication, or signal lines, poles or
appurtenances, fiber optic communications, tracks, pipelines, structures, improvements,
or facilities of similar or different character, as now or in the future located, and (2)
construct, install, establish, and maintain, use, operate, and renew on, beneath, or above
the surface of the Subject Property, any or all said things.
e. When deemed necessary by the 04 FWTA shall relocate all or any
portion of the Trackage Facilities. The City will provide the necessary right of way for
relocation to the extent practicable as determined in City's sole discretion, and subject to
any necessary City Council approvals. However, the relocation of Trackage Facilities
shall be at the sole cost and expense of FWTA. The City must consult with FWTA prior
to requesting the relocation of Trackage Facilities.
f. If the City elects to stop using the Subject Property for public road
purposes, the City will grant FWTA a permanent easement on the portion of the Subject
Property no longer used for public road purposes, subject to any necessary City Council
approvals.
2. CONSTRUCTION, MAINTENANCE, AND OPERATION.
a. FWTA shall submit to the City any plans for construction or
maintenance of Trackage Facilities on the Subject Project. The City shall accept or reject
the plans, at the City's discretion, in writing within 90 days of receipt. The parties may
agree to plans for routine maintenance activities using agreed -upon protocols for such
matters as notice and access procedures, and when such plans are approved FWTA may
conduct maintenance work using the plans whenever maintenance is required that is
within the scope of the approved plans. No changes to approved plans may be made
without the written approval of the City. FWTA or its contractors may commence work
on the Subject Property only after the plans have been approved in writing by the City.
b. The City will not assume any costs associated with the design,
construction, maintenance, or operation of the FWTA's facilities. The City's approval of
plans will not relieve FWTA or its contractor of any responsibility or liability.
c. Prior to its use of the Subject Property, FWTA shall deliver to the City
traffic control plans and plans for the use, if any, of adjacent street facilities that are
reasonably acceptable to the City, and FWTA shall comply with such plans at FWTA's
expense. If during construction work it becomes necessary or desirable to substantially
modify such plans, prior written approval must be obtained from the City. FWTA shall
make all reasonable efforts to not perform construction or maintenance activities that
might have a significant impact on motor vehicle traffic flow during peak traffic hours.
Except for emergency maintenance work, FWTA shall give the City at least ten days
written notice prior to commencement of any work that includes control measures for
motor vehicle traffic. FWTA shall comply with the rules of the Federal Railroad
Administration concerning construction or maintenance work that requires control
measures for rail traffic. FWTA's compliance with the requirements of this paragraph
shall not relieve FWTA or its contractor of any responsibility or liability.
d. FWTA must give ten days written notice to the City prior to
commencement of construction work so that a City inspector may provide inspection
during the construction of the Trackage Facilities.
e. FWTA's contractor shall provide the insurance coverages as contained
in Article 4 of this Agreement and be required to execute the City's right of entry
agreement before commencing any work on City property.
f. FWTA or its contractor shall furnish material for and perform the work
to be done by it under this Agreement in accordance with the approved plans. FWTA or
its contractor shall construct the Trackage Facilities across the City's street rights of way
as shown on the plans and in accordance with approved specifications and shall maintain
or arrange for the maintenance of these facilities.
g. If applicable, FWTA or its operator shall at its cost make such changes
or alterations to City streets or other City -owned facilities on the Subject Property, which
may be displaced or otherwise affected by FWTA's construction of the Trackage
Facilities on the Subject Property. FWTA or its contractor must undertake such work as
is necessary to maintain continuous service on the City's roadways, and to restore such
roadways to their former condition of service following construction of FWTA's
facilities.
h. If applicable, FWTA or its contractor shall remove all abandoned track,
track material, and highway -railroad warning devices, block signals and associated
appurtenances within the limits of the Subject Property at FWTA's expense. The City
agrees to release this salvageable material at no cost to FWTA.
i. FWTA must give written notice to the City when construction activities
are complete.
j. For future maintenance work, the City, under terms of this Agreement,
gives FWTA or its contractor permission to enter the Subject Property to perform routine
maintenance and/or emergency work as required. This permission is given solely for the
work performed under this Agreement. FWTA's maintenance contractor shall provide
the insurance coverage as contained in Article 4 of this agreement and be required to
execute the City's right of entry agreement before commencing any maintenance work on
the Subject Property.
3. INDEMNITY AND INSURANCE.
a. WITH ACKNOWLEDGEMENT OF BOTH PARTIES OF THE
UNIQUE CIRCUMSTANCES SURROUNDING CONSTRUCTION UNDER AND
AROUND ROADS AND STREETS, IT IS ACKNOWLEDGED AND AGREED THAT
THE CITY SHALL NOT HAVE ANY LIABILITY, RESPONSIBILITY OR
OBLIGATION WITH RESPECT TO FWTA'S USE OR OCCUPANCY OF THE
SUBJECT PROPERTY, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR
INJURIES TO FWTA'S EMPLOYEES, AGENTS, INVITEES, OR ANY THIRD
PARTIES, OR DAMAGE TO FWTA'S PROPERTY, OR THE PROPERTY OF
FWTA'S EMPLOYEES, AGENTS, INVITEES, OR ANY THIRD PARTIES, ARISING
FROM OR AS A RESULT OF FWTA'S USE OR OCCUPANCY OF THE SUBJECT
PROPERTY, OR FWTA'S FAILURE TO PERFORM ITS OBLIGATIONS
HEREUNDER. FWTA EXPRESSLY COVENANTS AND AGREES, TO THE
FULLEST EXTENT PERMITTED BY LAW INCLUDING THE TEXAS
CONSITUTION, TO PROTECT, INDEMNIFY, RELEASE, DEFEND AND HOLD
THE CITY AND ITS OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES,
INVITEES, AGENTS, AND CONTRACTORS FREE AND HARMLESS FROM AND
AGAINST ANY AND ALL CLAIMS, DEMANDS, DAMAGES, LIENS, STOP
NOTICES, LIABILITIES, LOSSES, COSTS AND EXPENSES, INCLUDING
REASONABLE ATTORNEYS' FEES AND COURT COSTS, ACTIONS, CAUSES OF
ACTION OR SUITS IN EQUITY, OF WHATSOEVER KIND OR NATURE
(COLLECTIVELY, "LIABILITIES"), ARISING FROM OR AS A RESULT OF
(DIRECTLY OR INDIRECTLY) FWTA'S USE OR OCCUPANCY OF THE SUBJECT
PROPERTY, EVEN IF SUCH LIABILITIES ARE CAUSED BY THE CONCURRENT
NEGLIGENCE OF THE CITY. THE FOREGOING INDEMNITY, DEFENSE AND
4
HOLD HARMLESS OBLIGATIONS DO NOT APPLY TO ANY LOSS, LIABILITY,
COST, CLAIM, DAMAGE, INJURY OR EXPENSE TO THE EXTENT IT ARISES
FROM OR IS RELATED SOLELY TO THE ACTS OR OMISSIONS OF THE CITY.
D. FWTA, at its sole cost and expense, shall can commercial general
liability insurance coverage with a company licensed by the Texas Department of
Insurance and in a minimum amount of $1,000,000.00 for each occurrence, and
$2,000,000.00 general aggregate for each one year period. The policy must insure
against bodily injury, death and property damage, and must include: (1) coverage for
premises and operations; and (ii) contractual liability coverage insuring the obligations of
FWTA under this Agreement, including but not limited to the indemnity obligations. The
policy must name the City as an additional insured and shall include a waiver of
subrogation endorsement in a form acceptable to the City. FWTA shall furnish the City
with either (i) a copy of the actual insurance policy or (ii) a certificate of insurance
evidencing all coverage required prior to the effective date of this Agreement, and a copy
of the Additional Insured Endorsement pertaining to the City. FWTA shall cause the
insurance carrier to certify that the insurance will not be canceled without thirty (30) days
prior written notice to the City. FWTA's obligation to carry and pay for the insurance
described in this Agreement will continue beyond the term of the Agreement in the event
FWTA remains in possession of the Trackage Facilities for any reason.
4. RIGHT OF ENTRY AND INSURANCE REQUIREMENTS FOR
CONTRACTORS.
a. Each of FWTA's contractors shall execute the City's then -current
Contractor's Right of Entry Agreement, a sample of which is attached hereto for all
purposes as Exhibit D, before commencing any work on the Subject Property, including
rail operations.
b. Before entering the Subject Property, a contractor must provide the City
with the State's Certificate of Insurance showing compliance with the insurance
coverages required in the Contractor's Right of Entry Agreement.
c. The City shall be included as an "Additional Insured" by endorsement
to policies issued for the required insurance described above. If any part of the work is
sublet, similar insurance shall be provided by or on behalf of the subcontractors to cover
their operations. The insurance shall be kept in force until the work performed on City
property has been completed. If for any reason insurance coverage is not kept in force,
all work on City property shall be stopped until either (i) a copy of acceptable insurance,
or (ii) an acceptable Certificate of Insurance and copy of the Additional Insured
Endorsement pertaining to the City, is provided to the City. A contractor shall be
responsible for any deductions stated in an insurance policy. Policies must include a
waiver of subrogation endorsement in favor of the City.
J
d. Each of FWTA's contractors must certify compliance with all
applicable laws and rules relating to workers' compensation insurance. This certification
requirement also applies to subcontractors.
5. ACCEPTANCE OF PREMISES; DISCLAIMER. FWTA acknowledges that it
enters the Subject Property "AS IS" with all faults, including but not limited to any and
all pollutants, asbestos, underground storage tanks and/or any other hazardous materials,
and that the City has not made any representations or warranties as to the condition of the
Subject Property. FWTA hereby waives any and all causes of action, claims, demands,
and damages based on any warranty, express or implied, including but not limited to any
implied warranty of suitability for a particular purpose, any and all warranties of
habitability, and any other implied warranties not expressly set forth in the Agreement.
FWTA acknowledges and agrees that FWTA has fully exercised the right to inspect the
Subject Property for any defects as to the suitability of such property for the purpose to
which FWTA intends to put it. This Agreement is subject to all covenants, easements,
reservations, restrictions and other matters applicable to the Subject Property, and FWTA
is using the Subject Property subject to rights, if any, of any other persons or entities,
including utilities authorized to be in the right of way. The City will not have to make
any expenditure, incur any obligation, or incur any liability of any kind whatsoever in
connection with this Agreement or the maintenance, operation or repair of the Subject
Property. The provisions of this Section 5 shall survive the termination of this
Agreement.
6. COMPLIANCE WITH LAWS; HAZARDOUS MATERIALS. FWTA, at its
own expense, will comply with all Federal, State, and municipal law and orders
applicable to the Subject Property and FWTA's work on the Subject Property. FWTA
shall not discharge sewage, garbage, oil or gas on the Subject Property. FWTA shall not
commit any act or permit any act which creates or may create a nuisance in or upon the
Subject Property during the term of this Agreement. The City acknowledges and agrees
that FWTA's operation of a commuter rail service on the Subject Property does not
constitute a nuisance. FWTA, at its sole cost and expense, shall take any and all
corrective action deemed necessary or desirable by the City, and as required by any
applicable Federal, State, municipal and other laws, codes, ordinances, rules and
regulations to clean up, remove and abate any and all soil contamination, groundwater
contamination or any other contamination of the Subject Property caused directly or
indirectly by FWTA's release or discharge of any hazardous, toxic or otherwise harmful
substances in, on, under and around the Subject Property. Notwithstanding anything
herein to the contrary, no part of the Subject Property shall be used for the manufacture
or storage of flammable, explosive or hazardous materials or for any occupation or use
that the City deems to be hazardous to the adjacent street users, whether City employees
or agents, or the traveling public. The provisions of this Section 6 shall survive the
termination of this Agreement.
7. COMPLIANCE WITH ENVIRONMENTAL REVIEW REQUIREMENTS.
Any required environmental review of proposed Trackage Facilities on the Subject
Property, including review under the National Environmental Policy Act (42 U.S.C. §
4332), is the responsibility of FWTA, and will be conducted at FWTA's own cost.
8. PROTECTION OF UTILITY FACILITIES. Utility facilities may be buried
on the Subject Property. Protection of the utility facilities is of extreme importance since
any break could disrupt service to users. FWTA or its contractor shall telephone the City
during normal business hours (8:00 a.m. to 5:00 p.m., Central Standard Time, Monday
through Friday, except holidays, at (817) - to determine if fiber optic
cable is buried anywhere on the Subject Property to be used by FWTA. If it is, FWTA or
its contractor must telephone the telecommunications company involved, arrange for a
cable locator, and make arrangements for relocation or other protection of the fiber optic
cable prior to beginning work.
9. LIMITED ACCESS. FWTA must keep its employees, contractors, material,
and machinery within the defined area of the Subject Property unless otherwise specified
on the attached Exhibit C. There shall be no crossings of public streets or roads except at
existing, open, and public crossings, or at locations mutually agreed upon by FWTA or
its contractor and the City.
10. TERM; ABANDONMENT.
a. This Agreement shall expire on the later of fifteen years after the
effective date or two years after FWTA stops using the Subject Property for rail
)perations. If FWTA abandons for more than two years after fifteen years the use of the
Subject Property, or any part thereof, for rail operations, this license and permission and
the rights and privileges granted hereby as to the portion abandoned shall expire and
terminate at the time each such portion shall be abandoned; and the City shall have the
same complete title to the Subject Property so abandoned as though this Agreement had
never been executed. Upon abandonment the City shall have the right to exclude FWTA
and its operator.
b. If FWTA abandons use of any portion of the Subject Property for more
than two years, FWTA shall promptly remove the Trackage Facilities and restore the
premises to the satisfaction of the City.
11. ASSIGNMENT OF AGREEMENT. A party to this Agreement may assign its
obligations, rights and privileges under the Agreement, in whole or in part, only with the
written consent of the other party. Any attempted assignment of obligations, rights and
privileges, whether voluntary, by operation of law, or otherwise, without consent in
writing, shall be void and, at the option of the non -transferring party, cause for
termination of the Agreement.
12, RESPONSIBLE FOR ITS OWN ACTIONS. The parties hereto acknowledge
that they are not an agent, servant, or employee of the other party, and are responsible for
their own acts and deeds and for those of its agents and employees.
7
13. EXISTING AGREEMENTS. All existing agreements between the parties
concerning licenses, permits, leases, or easements at this location shall remain in full
force and effect, provided, however, that in the event of any conflict or inconsistency
between the terms of any existing agreement and this Agreement, the terms of this
Agreement shall control. This Agreement shall control and supersede any prior
understandings or written or oral agreements between the parties concerning the Subject
Property and with respect to the subject matter contained herein.
14. GENERAL. If any part of this Agreement for any reason is declared invalid,
such decision shall not affect the validity of any remaining portion, which remaining
portion shall remain in full force and effect as if this Agreement had been executed with
the invalid portion eliminated.
15. NOTICES. Notices, correspondence, and other documentation shall be
mailed to the following addresses:
For the City of Fort Worth:
City Attorney
City of Fort Worth
1000 Throckmorton St.
Fort Worth, TX 76102
For Fort Worth Transportation Authority:
General Counsel
Fort Worth Transportation Authority
1600 East Lancaster Avenue
Fort Worth, Texas 76102
IN WITNESS WHEREOF, the City and FWTA have executed duplicate
this agreement on the dates indicated below.
THE CITY OF FORT WORTH, TEXAS
byo
�.te
APPM VED A 0 IrU
• . • . . ' . • . • • • ..ITY
OT
/�✓�G��%Gl " A,SSISTANT CITY `ATi
Date �'�ZS� to
Ruddell, President and Executive Director
OFFICfA� i�EC4RD
CITY S�CI��TA;t�Y
FT: WORTH. U l
JOINT USE AGREEMENT
WEST VICKERY BOULEVARD
G. SHIELDS SURVEY, ABSTRACT NO. 1402
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
EXHIBIT "A"
Being a 0.123 acre tract of land situated in the G. Shields Survey, Abstract No. 1402, City of Fort
Worth, Tarrant County, Texas, and being a portion of West Vickery Boulevard (a 60.0' right-of-
way), said 0.123 acre tract of land being more particularly described by metes and bounds as
follows:
BEGINNING at a point in the southeast right-of-way line of said West Vickery Boulevard and
in the northwest line of a 4.371 acre tract of land (by deed) deeded to the Fort Worth
Transportation Authority as recorded in Volume 15367, Page 283 of the Deed Records of] arrant
County, Texas, said point being in the northwest line of Block 20 of the Edwards Heirs Addition,
an addition to the City of Fort Worth, Tarrant County, "Texas as recorded in Volume 63, Page 2
of the Plat Records of Tarrant County, Texas, said point also being the beginning of a non -
tangent curve to the right having a radius of 524.06 feet, a central angle of 10 degrees 34 minutes
00 seconds and whose chord bears North 14 degrees 13 minutes 37 seconds Fast, a chord
distance of 96.51 feet, from which a 5/8 inch iron rod with cap stamped "GORRONDONA"
found for the northwest corner of said 4.371 acre tract of land bears South 53 degrees 28 minutes
57 seconds West, a distance of 35.07 feet;
THENC)F; with said non -tangent curve to the right, an arc length of 96.65 feet to a point for
corner in the northwest right-ot=way line of said West Vickery Boulevard and in the
southeast line of Block 28 of the L. J. Hawkins Subdivision, an addition to the City of
Fort Worth, Tarrant County, Texas as recorded in Volume 204, Page 20 of said Plat
Records of Tarrant County, Texas, from which an "X" cut in concrete found for the
southwest corner of said Block 28 bears South 52 degrees 50 minutes 23 seconds
West, a distance of 95.80 feet;
THENCE North 52 degrees 50 minutes 23 seconds East, with the northwest right-of-way line of
said West Vickery Boulevard and with the southeast line of said 131ock 28, a distance
of 106.27 feet to a point for the beginning of a non -tangent curve to the left haying a
radius of 474.06 feet, a central angle of 14 degrees 49 minutes 41 seconds and whose
chord bears South 22 degrees 53 minutes 28 seconds West, a chord distance of
122.34 feet, from which a 5/8 inch iron rod with cap stamped "GORRONDONA"
found for the east corner of said Block 28 bears North 52 degrees 50 minutes 23
seconds Last, a distance of 98.94 feet;
Page 1 of 2
JOINT USE AGREEivjlr T
WEST VICKERY BOULEVARD
G. SHIELDS SURVEY, ABSTRACT NO. 1402
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
THENCE with said non -tangent curve to the Left, an arc length of 122.69 feet to a point for
corner in the southeast right -of --way line of said West Vickery Boulevard and in the
northwest line of said 4.371 acre tract of land, said point being in the northwest line
of said Block 20, from which a 1 /2 inch iron rod found for an exterior ell corner of
said 4.371 acre tract of land bears North 53 degrees 28 minutes 57 seconds East, a
distance of 175.23 feet;
'THENCE South 53 degrees 28 minutes 57 seconds West, with the southwest right -of --way line
of said West Vickery Boulevard, with the northwest line of said 4.371 acre tract of
land and with the northwest line of said Block 20, a distance of 75.68 feet to the
POINT OF BEGINNING, and containing 5,376 square feet or 0.123 acres of land,
more or less.
Notes:
(1) A plat of even survey date herewith accompanies this legal description.
(2) All bearings are referenced to the project control for State Highway 121. All
bearings and distances are surface.
Date: December 8, 2009
Richard Kennedy
Registered Professional L
Texas No. 5527
Page 2 of 2
EXHIBIT "B"
L. J. HAWKINS SUBDIVISION
VOLUME 204, PAGE 20
P.R.T.C.T.
G. SHIELDS SURVEY ,��;-;��
ABSTRACT N0. 1402
FND "X" CUT IN CONC
FNO 5/8"IR W/CAP
"GORRONDONA"�
FND 5/8"IR W/CAP
GORRONDONA"
09k
a y�� �JP
,o' FND 1/2/
Cj 4.371 ACRES
THE FORT WORTH
n• O nTRANSPORTATION AUTHORITY
r l7• VOLUME 15367, PAGE 283
y D. R.T.C.T.
9g
50 25 0 50
SCALE IN FEET
NOTES:
(1) A LEGAL DESCRIPTION OF EVEN SURVEY DATE
HEREWITH ACCOMPANIES THIS PLAT.
(2) BEARINGS ARE REFERENCED TO THE PROJECT
CONTROL FOR STATE HIGHWAY 121. BEARINGS
AND DISTANCES SHOWN ARE SURFACE.
CURVE TABLE
CURVE
RADIUS
DELTA
I CHORD BEARING
CHORD
ARC
C-1
524.06
10'34'00"
N 14' 13'37"E
96.51
96.65
C-2
474.06
114*49'41"1
S 226531281W
1 122.34
1 122.69
Fort Worth Transportation Authority
1600 E. 6ANCASTER AVENUE • FORT 'NORTH, TEXAS 76102
WEST UICKERTyr BOULEVARD _
JOINT USE AGREEMENT
JOINT USE AGREEMENT
OWNER: CITY OF FORT WORTH
SURVEY: G. SHIELDS SURVEY, ABSTRACT NO, 1402 > '�
LOCATION: CITY OF FORT WORTH TARRANT COUNTY, TEXAS '4"'
JOINT USE AGREEMENT AREA: 5,376 SQ.FT. OR 0.123 ACRES
RICHARD KENNFL}Y .
JOB N0. 0912-3917 uRAWN BY. RK CAEO FILE: (GA4T uSE EXH1B(TS CW REGiSTERED PRCFES5rNAL LAND SURVE
DATE: DECEMBER 8, 2009 I PAGE 1 OF 1 SCALE 1" = 50NO. 5527
GURRONDCNA r7c ASSOCIATES, �"iC 6707 "3RENPNOCO STAaRqCntJ, l(t(`E u 3G'RY Ntr?TH, TX 76152 • 817-496-1424 FAX 817-496-1768
JOINT USE AGREEMENT
CENTERSTREET
G. SHIELDS SURVEY, ABSTRACT NO. 1402
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
EXHIBIT "A"
Being a 0.066 acre tract of land situated in the G. Shields Survey, Abstract No. 1402, City of Fort
Worth, Tarrant County, Texas, and being a portion of Center Street (a 43.0' right -of --way), said
0.066 acre tract of land being more particularly described by metes and bounds as follows.
BEGINNING at a point in the south right -of --way line of said Center Street and in the north line
of Block 28 of the L. J. Hawkins Subdivision, an addition to the City of Fort Worth, Tarrant
County, Texas as recorded in Volume 204, Page 20 of said Plat Records of Tarrant County,
Texas, from which a 5/8 inch iron rod with cap stamped "GORRONDONA" found for the east
corner of said Block 28 bears North 89 degrees 16 minutes 23 seconds East, a distance of 37.86
feet;
THENCE South 89 degrees 16 minutes 23 seconds West, with the south right -of --way line of
said Center Street and with the north line of said Block 28, a distance of 63.02 feet to
a point for the beginning of a non -tangent curve to the right having a radius of 524.06
feet, a central angle of 06 degrees 05 minutes 31 seconds and whose chord bears
North 37 degrees 39 minutes 39 seconds East, a chord distance of 55.69 feet, from
which a "Y" cut in concrete found for corner in the north line of said Block 28 bears
South 89 degrees 16 minutes 23 seconds West, a distance of 58.42 feet;
THENCE with said non -tangent curve to the right, an arc length of 55.72 feet to a point for
corner in the north right -of --way line of said Center Street and in the south line of Lot
39, Block 27 of said L. J. Hawkins Subdivision, from which a 1/2 inch iron rod found
for the southwest corner of said Lot 39 bears South 89 degrees 12 minutes 38 seconds
West, a distance of 42.55 feet;
THENCE North 89 degrees 12 minutes 38 seconds East, with the north right -of --way line of said
Center Street and with the south line of said Block 27, passing at a distance of 57.45
feet a 3/8 inch iron rod found for the southeast corner of Lot 40, Block 27 of said L. J.
Hawkins Subdivision and for the southeast corner of Lot 40-A, Block 27 of said L. J.
Hawkins Subdivision, in all, a distance of 69.77 feet to a point for the beginning of a
non -tangent curve to the left having a radius of 474.06 feet, a central angle of 07
degrees 16 minutes 41 seconds and whose chord bears South 42 degrees 39 minute 51
seconds West, a chord distance of 60.18 feet, from which a 3/8 inch iron rod found
for the most southerly southeast corner of said Lot 40-A bears North 89 degrees 12
minutes 38 seconds East, a distance of 63.18 feet;
Page 1 of 2
JOINT USE AGREEMENT
CENTER STREET
G. SHIELDS SURVEY, ABSTRACT NO. 1402
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
THENCE with said non -tangent curve to the left, an arc length of 60.22 feet to the POINT OF
BEGINNING, and containing 2,889 square feet or 0.066 acres of land, more or less.
Notes:
(1) A plat of even survey date herewith accompanies this legal description.
(2) All bearings are referenced to the project control for State Highway 121. All
bearings and distances are surface.
Date: December 8, 2009
t
Richard Kennedy
Registered Professional
Texas No. 5527
t%
Ivt ..'.
Page 2 of 2
37
m
FND 1/2"IR
CENTER STREET
(43.0' RIGHT-OF-WAY)
EXHIBIT "B99
31
32
L. Pie HAWKINS SUBDIVISION
VOLUME 388-48, PAGE 684
P.R.T.C.T.
I39 I 40 1 40—A
L. J. HAWKINS SUBDIVISION
VOLUME 204, PAGE 20
I P.R.T.C.T.
S 89^12�38'W ( PASSING AT
FND
FND 'Y" CUT IN CONC 58.42'
S 89'i6'231N
L. J. HA WKINS
SUBDIVISION
VOLUME 204, PAGE 20
P.R.T.C.T.
28
50 25 0 50
SCALE IN FEET
NOTES:
(1) A LEGAL DESCRIPTION OF EVEN SURVEY DATE
HEREWITH ACCOMPANIES THIS PLAT.
(2) BEARINGS
ROL FOR STATE HIGHWAY 0AY121E
PROJECT
CONTROL BEARINGS
AND DISTANCES SHOWN ARE SURFACE.
4 0 � • ��P�o
v
� lari /
J� a �
ZED
5� � WARDS HEIRS ADDITION
VOLUME 63, PAGE 2
P.R.T.C.T.
E TABLE
CHORD BEARING
CHORD
ARC
N 37'39'39"E
55.69
55.72
S 42.39'S 1 vV
1 60,18
60.22
Fort V1/orth Transportation Authority
1600 E. WVCASTER AVENUE FORT WORTH, TEXAS 76102
CENTER S TREE T
JOINT USE AGREEMENT
OWNER: CITY OF FORT WORTH
SURVEY: G. SHIELDS SURVEY,
2
0.
i N0. 0912-3917 DRAWN BY' RK CAD0
F DECEMBER 8 2009 PACE i OF 1 SCALE.
CORRONDONA k ASSOCIATES, INC. 6707 �3RENPNOOD STAR ROAD, SURE 50
�RICHARD KEtdNI44Y - '"
EXHIBITS CN REGISTERED PROFE5S(ONAL IaND
LORT NORTH, TX. 161t2 • 317-496-1424 FAX 817-496-1768
JOINT USE AGREEMENT
WEST VICKERY BOULEVARD
G. SHIELDS SURVEY, ABSTRACT NO. 1402
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
EXHIBIT "A"
Being a 0.154 acre tract of land situated in the G. Shields Survey, Abstract No. 1402, City of Fort Worth,
Tarrant County, Texas, and being a portion of West Vickery Boulevard (a 60.0' right -of --way), said 0.154
acre tract of land being more particularly described by metes and bounds as follows:
BEGINNING at a point in the northwest right-of=way line of said West Vickery Boulevard and in the
southeast line of Lot 1 of the De Hart Subdivision, an addition to the City of Fort Worth, Tarrant County,
Texas as recorded in Volume 388-99, Page 4 of the Plat Records of Tarrant County, Texas, said point
being the beginning of a non -tangent curve to the right having a radius of 1046.65 feet, a central angle of
00 degrees 35 minutes 33 seconds and whose chord bears North 83 degrees 27 minutes 12 seconds East,
a chord distance of 10.83 feet, from which a 1/2 inch iron rod found for the southeast corner of said Lot I
and for the southwest corner of Lot 2 of said De Hart Subdivision bears North 53 degrees 32 minutes 05
seconds East, a distance of 34.10 feet;
THENCE with said non -tangent curve to the right, an arc length of 10.83 feet to a point for corner in the
southeast right-of-way line of said West Vickery Boulevard and in the northwest line of a
4,371 acre tract of land deeded to the Fort Worth Transportation Authority as recorded in
Volume 15367, Page 283 of the Deed Records of Tarrant County, Texas, said point being in
the northwest line of Block 21 of the Edwards Heirs Addition, an addition to the City of Fort
Worth, Tarrant County, Texas as recorded in Volume 63, Page 2 of said Plat Records of
Tarrant County, Texas, from which a 1/2 inch iron rod found for the northwest corner of a
tract of land described as Tract I deeded to GAMR, Ltd. as recorded in Volume 13716, Page
89 of said Deed Records of Tarrant County, Texas, said 1/2 inch iron rod being an exterior ell
corner of said 4.371 acre tract of land;
THENCE South 53 degrees 2$ minutes 57 seconds West, with the southeast right-ot=way line of said
West Vickery Boulevard, with the northwest line of said 4.371 acre tract of land and with the
northwest line of said Block 21, a distance of 103.12 feet to a point for corner;
THENCE South 82 degrees 29 minutes 16 seconds West, a distance of 22.25 feet to a point for the
beginning of a curve to the left having a radius of 996.65 feet, a central angle of 06 degrees 09
minutes 05 seconds and whose chord bears South 80 degrees 43 minutes 52 seconds West, a
chord distance of 106.95 feet;
THENCE with said curve to the left, an arc length of 107.00 feet to a point for corner in the northwest
right -of --way line of said West Vickery Boulevard and in the southeast line of a tract of land
deeded to Sondra Nibbelin as recorded in Volume 10141, Page 927 of said Deed Records of
Tarrant County, Texas;
Page 1 of 2
JOINT USE AGREEMENT
WEST VICKERY BOULEVARD
G. SHIELDS SURVEY, ABSTRACT NO. 1402
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
THENCE North 53 degrees 31 minutes 38 seconds East, with the northwest right -of --way line of said
West Vickery Boulevard and with the southeast line of said tract of land deeded to Sondra
Nibbelin, a distance of 2.55 feet to a railroad spike found for the southeast corner of said tract
of land deeded to Sondra Nibbelin, said railroad spike being in the west line of a 10' alley;
THENCE North Ol degrees 10 minutes 21 seconds West, with the east line of said tract of land deeded
to Sondra Nibbelin and with the west line of said 10' alley, a distance of 49.83 feet to a point
for corner, from which a 5/8 inch iron rod with cap stamped "GORRONDONA" found for the
most southerly northeast corner of said tract of land deeded to Sondra Nibbelin bears North
01 degrees 10 minutes 21 seconds West, a distance of 61.93 feet;
THENCE North 78 degrees 35 minutes 52 seconds East, a distance of 10.23 feet to a point for corner in
the west line of said Lot I and in the east line of said 10' alley, from which a TxDoT
monument found for the northwest corner of said Lot I bears North 00 degrees 40 minutes 03
seconds West, a distance of 123.42 feet;
THENCE South 00 degrees 40 minutes 03 seconds East, with the west line of said I_.ot I and with the
east line of said 10' alley, a distance of 44.46 feet to a point for the southwest corner of said
Lot 1, said point being in the northwest right-of-way line of said West Vickery Boulevard;
THENCE North 53 degrees 32 minutes OS seconds East, with the north«-est right -of --way line of said
West Vickery Boulevard and with the southeast line of said Lot 1, a distance of 95.34 feet to
the POINT OF BEGINNING, and containing 6,713 square feet or 0.154 acres of land, more
or less.
Notes:
(1) A plat of even survey date herewith accompanies this legal description.
(2) All bearings are referenced to the project control for State Highway 121. All bearings
and distances are surface.
f r�
Date: December 8, 2009 '
Richard Kennedy` < r.
Registered Professional Land }irvetit,or.`
Texas No. 5527
Page 2 of 2
FND TXDOT
MONUMENT
0
10 °
26 lo'
SONDRA NIBBEUN
VOLUME 10141, PAGE 927
D.R.T.C.T.
t V?,2
P ✓ �' 10:663
30-R
del
LINE TABLE
LINE
BEARING
DISTANCE
L-1
N 53632'05"E
34.10
L-2
N 53'31'38"E
2.55
L-3
N 01410'21 "W
49.83
L-4
N 78'35'52"E
10.23
L-5
S 00'40'03"E
44,46
NOTES:
(1) A LEGAL DESCRIPTION OF EVEN SURVEY DATE
HEREWITH ACCOMPANIES THIS PLAT.
(2) REFERENCEDBEARINGS ARE 0 PROJECT
CONTROL FOR STATE HIGHWAY E BEARINGS
AND DISTANCES SHOWN ARE SURFACE.
EXHIBIT "B"
Q
DE HART SUBDIVISION �
VOLUME 388-99, PAGE 4
� R.T.C.T. �
�G�0��
P�/
Vv ry��
N 53'280570E
26' 6,O
F
F
d�
4.371 ACRES
THE FORT WORTH
TRANSPORTATION AUTHORITY
VOLUME 15367, PAGE 283
D.R-T.C.T. slo
DETAIL "A"
ED�'ARDS HEIRS ADDITION
VOLUME 63, PAGE 2
P.R.T.C.T.
CURVE TABLE
CURVE
RADIUS
DELTA
CHORD BEARING
CHORD
ARC
C-1
1046.65
0935133"
N 83'27' 12"E
10.83
10.83
C-2
E996465
06'09105"
S 8943'52"W
106.95
107,00
Fort Worth Transportation Authority
1E00 E. LANCASTER AVENUE FORT NORTH. TEXAS ?6302
WEST �ICKERY BOULEVARD
JOINT USE A UREEMENT
OWNER: CITY OF FORT WORTH
S
N0. 1402
JOINT USE AGREEMENT AREA.: 6 713 SQ.FT. OR 0.154 ACRES RiC!-TARO �CEh
J08 NO. L`912-.J917 RA'NN 8"f �K +'.LLD `ltf: ,(} tiiT �+c£ =xN:iS ii4+ RtG75TER£D €=Rt`4
aND
G{,Rii&'4CONA...Se A5v0i:A1ES, NUN • 6701 �?<=hT'A*i'�)J 3?A:R�0,A0. 1tJ,7F �,. ,tY)=;Y?4. X • 617-446-•4E4 k-sX 6tx-s�i6-`58
Exhibit C
The T's Proposed Improvements on Subject Property
Proposed Improvements:
Single-track standard gauge ballasted railroad track, with associated turnouts, switches, and signaling
and control equipment, all constructed in accordance with the standards of the American Railway
Engineering and Maintenance Association (AREMA).
Railroad track work to be performed shall be in accordance with Federal Railroad Administration (FRA)
Code of Federal Regulation (CFR) Title 49, including but not limited to, Part 213 (49 CFR Part 213) "Track
Safety Standards." Signaling and Train Control Systems shall be installed in accordance with 49 CFR Part
236, "Rules, Standards and Instructions Governing the Installation, Inspection, Maintenance, and Repair
of Signal and Train Control Systems, Devices and Appliances."
EXHIBIT D
Agreement for Access to City of Fort Worth Right of Way
The City of Fort Worth, Texas ("City") and the undersigned enter into this agreement pursuant to
the Joint Use Agreement Between the City of Fort
Worth Texas and the Fort Worth Transportation Authority ("FWTA" or "The T") effective
2010 (the "Joint Use Agreement").
THIS AGREEMENT ("Agreement") is made and entered
20 , by and
corporation ("Contractor").
RECITALS:
into as of the
between the
day of
City; and
a
Contractor has been hired by the Fort Worth Transportation Authority to perform work
relating to
(the "work"), with all or a portion of such work to be performed on
property of the City located at or near Lancaster Avenue and Center Street in Fort Worth, Tarrant
County, Texas.
The location of work to be performed on City property is shown on the map attached to
this Agreement.
The City is willing to permit Contractor to perform the work described above at the
location described above subject to the terms and conditions contained in this Agreement.
AGREEMENT:
NOW, THEREFORE, the City and Contractor agree as follows:
ARTICLE I - DEFINITION OF CONTRACTOR.
For purposes of this Agreement, all references in this Agreement to Contractor shall include
Contractor's contractors, subcontractors, officers, agents and employees, and others acting under
its or their authority.
ARTICLE 2 - RIGHT GRANTED; CITY REPRESENTATIVE.
A. The City grants to Contractor the right, during the term stated and subject to the terms
of this Agreement, to enter upon and have ingress to and egress from the properly described in the
Recitals for the purpose of performing any work described in the Recitals above. The right is
limited to those portions of the City's property specifically described herein, or as designated by
the City's Representative named in this Article.
S. The work shall conform to a plan of action approved by the City at least 30 days in
advance.
c. Contractor shall coordinate all of its work with the following City representative
or his or her duly authorized representative (the "City Representative"):
ARTICLE 3 - TRAFFIC CONTROL; ACCESS TO CITY RIGHT OF WAY.
A. The Contractor shall perform the work in such a manner as to avoid safety hazards and
inconveniences to or interference with street traffic. Traffic control plan and traffic control
devices required by the work shall be approved by City and installed by the Contractor in
accordance with the Texas Manual on Uniform Traffic Control Devices for Streets and
Highways.
B. No additional vehicular crossings (including temporary haul roads) or pedestrian
crossings over the City's streets shall be installed or used by Contractor without the prior written
permission of the City.
ARTICLE 4 -SAFETY.
Safety of personnel, property, roadway operations and the public is of paramount
importance in the prosecution of the work performed by Contractor. Contractor shall be
responsible for initiating, maintaining and supervising all safety, operations and programs in
connection with the work. If and when requested by the City, the Contractor shall deliver to the
City a copy of Contractor's safety plan for conducting the work (the "Safety Plan"). The City
shall have the right, but not the obligation, to require Contractor to correct any deficiencies in the
Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between
this Agreement and the Safety Plan.
ARTICLE 5 - CERTIFICATE OF INSURANCE.
A. Before commencing any work, Contractor will provide the City with a Certificate of
Insurance showing the insurance binders, policies, certificates and/or endorsements required by
this article. The Contractor shall not enter onto the right of way unless the required coverages are
in effect.
B. The Contractor must have the following coverages: (i) Comprehensive General
Liability Insurance Policy -- The contractor shall show with respect to the operations the
contractor performs, that the contractor carries a Standard Comprehensive General Liability
Insurance Policy providing limits of not less than $500,000 for each occurrence and not less than
$100,000 for property damage per occurrence, and not less than $600,000 aggregate for all
occurrences; (ii) Comprehensive Automobile Liability Insurance or Texas Business Auto Policy
-- The contractor shall show with respect to the operations the contractor performs, that the
contractor carries a Standard Comprehensive Automobile Liability Insurance Policy providing
limits of not less than $250,000 per person and $500,000 for each occurrence and not less than
$100,000 for property damage per occurrence; and (iii) Worker's Compensation Insurance -- The
contractor shall show with respect to the operations the contractor performs, that the contractor
carries worker's compensation insurance providing limits as required under then -existing law in
the State of Texas.
C. The City shall be included as an "Additional Insured" by endorsement to policies
issued for the required insurance described above. If any part of the work is sublet, similar
insurance shall be provided by or on behalf of the subcontractors to cover their operations. The
insurance shall be kept in force until the work performed on City property has been completed. If
for any reason insurance coverage is not kept in force, all work on City property shall be stopped
until either (i) a copy of acceptable insurance, or (ii) an acceptable Certificate of Insurance and
copy of the Additional Insured Endorsement pertaining to the City, is provided to the City. A
contractor shall be responsible for any deductions stated in an insurance policy. Policies must
include a waiver of subrogation endorsement in favor of the City.
D. All insurance correspondence, binders, policies, certificates and/or endorsements
shall be sent to.
City of Fort Worth
[Insert mailing address]
Attn:
ARTICLE 6 -UTILITIES.
The Contractor understands that utility installations owned by others exist in the right of
way. The Contractor shall provide adequate notice of the Activity to all utility companies
potentially impacted by the Contractor's work.
ARTICLE 7 -PROTECTION OF FIBER OPTIC CABLE SYSTEMS.
A. Fiber optic cable systems may be buried on the City's property. 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. Contractor shall telephone the
City during normal business hours (8:00 a.m. to 5:00 p.m. Central Time, Monday through Friday,
except holidays) at (817) - to determine if fiber optic cable is buried anywhere on
the City's property to be used by Contractor. If it is, Contractor will telephone the
telecommunications company(ies) involved, make arrangements for a cable locator and, if
applicable, for relocation or other protection of the fiber optic cable. Contractor shall not
commence any work until all such protection or relocation (if applicable) has been accomplished.
Be
In addition to other indemnity provisions in this Agreement, Contractor shall
indemnify, defend and hold the City harmless from and against all costs, liability and expense
whatsoever (including, without limitation, attorneys' fees, court costs and expenses) arising out of
any act or omission of Contractor, its agents and/or employees, that causes or contributes to (1)
any damage to or destruction of any telecommunications system on the City's property, 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 the City's property. Contractor shall
not have or seek recourse against the City 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 the City's property or a customer or user of services of the fiber optic cable on the
City's property.
3
ARTICLE 8 - ALL EXPENSES TO BE BORNE BY CONTRACTOR.
A. Contractor shall bear any and all costs and expenses associated with any work
performed by Contractor, and any costs or expenses incurred by the City relating to this
Agreement.
B. Contractor, at its own expense, shall adequately police and supervise all work to
be performed by Contractor and shall ensure that such work is performed in a safe manner as set
forth in this Agreement. The responsibility of Contractor for safe conduct and adequate policing
and supervision of Contractor's work shall not be lessened or otherwise affected by the City's
approval of plans and specifications involving the work, or by the City's collaboration in
performance of any work, or by the presence at the work site of a City Representative, or by
compliance by Contractor with any requests or recommendations made by the City
Representative.
ARTICLE 9 - TERM; TERMINATION.
A. The grant of right herein made to Contractor shall begin on the date of this Agreement,
and continue until , unless sooner terminated as herein provided,
or at such time as Contractor has completed its work on the City's property, whichever is earlier.
The Agreement may be terminated by either party on ten (10) days written notice to the other
party.
B. Contractor agrees to notify the City Representative in writing when it has completed
its work on the Department's property.
C. Prior to termination of this Agreement, the Contractor will remove all of its facilities,
equipment, and material from the street rights of way and restore Lite rights of way to their
original condition, free of any damage, including ruts or any other injury to the environment. The
Contactor will reimburse the City for any costs incurred by the City for repairs of the roadway
facilities, for removal of the Contractor's facilities, equipment, and material, or for any other
necessary restoration or remediation work performed by the City.
ARTICLE 10 - DISMISSAL OF CONTRACTOR'S EMPLOYEE.
At the request of the City, Contractor shall remove from the City's property any
employee of Contractor who fails to conform to the instructions of the City Representative in
connection with the work on the City's property, and any right of Contractor shall be suspended
until such removal has occurred. Contractor shall indemnify the City against any claims arising
from the removal of any such employee from the City's property.
ARTICLE l l -EXPLOSIVES.
Explosives or other highly flammable substances shall not be stored on the City's
property without the prior written approval of the City.
ARTICLE 12 - NO INTERFERENCE WITH OPERATIONS OF DEPARTMENT.
A. Contractor shall conduct its operations so as not to interfere with the continuous
and uninterrupted use and operation. of the City's streets, unless specifically authorized in
a
advance by the City Representative. Nothing shall be done or permitted to be done by Contractor
at any time that would in any manner impair the safety of such operations. When not in use,
Contractor's machinery and materials shall be kept at least fifty (50) feet from the centerline of
City's street, and there shall be no vehicular crossings of streets except at existing open public
crossings.
B. Operations of the City and work performed by City personnel and delays in the
work to be performed by Contractor caused by such City operations and work are expected by
Contractor, and Contractor agrees that the City shall have no liability to Contractor, or any other
person or entity for any such delays. The Contractor shall coordinate its activities with those of
the City and third parties so as to avoid interference with City operations. The safe operation of
street traffic and other activities by the City take precedence over any work to be performed by
Contractor.
ARTICLE 13 -PERMITS -COMPLIANCE WITH LAWS.
In the prosecution of the work covered by this Agreement, Contractor shall secure any and all
necessary permits and shall comply with all applicable federal, state and local laws, regulations
and enactments affecting the work including, without limitation, all applicable Federal Railroad
Administration regulations.
ARTICLE 14 -INDEMNITY.
A. TO THE EXTENT NOT PROHIBITED BY APPLICABLE STATUTE,
CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE CITY AND
ITS OFFICERS, AGENTS AND EMPLOYEES ("INDEMNIFIED PARTIES") FROM AND
AGAINST ANY AND ALL LOSS, DAMAGE, INJURY, LIABILITY, CLAIM, DEMAND,
COST OR EXPENSE (INCLUDING, WITHOUT LIMITATION, ATTORNEYS,
CONSULTANT'S AND EXPERT'S FEES, AND COURT COSTS), FINE OR PENALTY
(COLLECTIVELY, "LOSS") INCURRED BY ANY PERSON (INCLUDING, WITHOUT
LIMITATION, ANY INDEMNIFIED PARTY, CONTRACTOR, OR ANY EMPLOYEE OF
CONTRACTOR OR OF ANY INDEMNIFIED PARTY) ARISING OUT OF OR IN ANY
MANNER CONNECTED WITH (I) ANY WORK PERFORMED BY CONTRACTOR, OR (II)
ANY ACT OR OMISSION OF CONTRACTOR, ITS OFFICERS, AGENTS OR EMPLOYEES,
OR (III) ANY BREACH OF THIS AGREEMENT BY CONTRACTOR.
Be
THE RIGHT TO INDEMNITY UNDER THIS SECTION SHALL ACCRUE
UPON OCCURRENCE OF THE EVENT GIVING RISE TO THE LOSS, AND SHALL APPLY
REGARDLESS OF ANY NEGLIGENCE OR STRICT LIABILITY OF ANY INDEMNIFIED
PARTY, EXCEPT WHERE THE LOSS IS CAUSED BY THE SOLE ACTIVE NEGLIGENCE
OF AN INDEMNIFIED PARTY AS ESTABLISHED BY THE FINAL JUDGMENT OF A
COURT OF COMPETENT JURISDICTION. THE SOLE ACTIVE NEGLIGENCE OF ANY
INDEMNIFIED PARTY SHALL NOT BAR THE RECOVERY OF ANY OTHER
INDEMNIFIED PARTY.
C. CONTRACTOR EXPRESSLY AND SPECIFICALLY ASSUMES
POTENTIAL LIABILITY UNDER THIS SECTION FOR CLAIMS OR ACTIONS BROUGHT
BY CONTRACTOR'S OWN EMPLOYEES. CONTRACTOR WAIVES ANY IMMUNITY IT
MAY HAVE UNDER WORKER'S COMPENSATION OR INDUSTRIAL INSURANCE ACTS
TO INDEMNIFY THE CITY UNDER THIS SECTION, CONTRACTOR ACKNOWLEDGES
THAT THIS WAIVER WAS MUTUALLY NEGOTIATED BY THE PARTIES HERETO.
5
D. NO COURT OR JURY FINDINGS IN ANY EMPLOYEE'S SUIT PURSUANT
TO ANY WORKER'S COMPENSATION ACT OR THE FEDERAL EMPLOYERS'
LIABILITY ACT AGAINST A PARTY TO THIS AGREEMENT MAY BE RELIED UPON
OR USED BY CONTRACTOR IN ANY ATTEMPT TO ASSERT LIABILITY AGAINST THE
CITY.
E. THE PROVISIONS OF THIS SECTION SHALL SURVIVE THE
COMPLETION OF ANY WORK PERFORMED BY CONTRACTOR OR THE
TERMINATION OR EXPIRATION OF THIS AGREEMENT. IN NO EVENT SHALL THIS
SECTION OR ANY OTHER PROVISION OF THIS AGREEMENT BE DEEMED TO LIMIT
ANY LIABILITY CONTRACTOR MAY HAVE TO ANY INDEMNIFIED PARTY BY
STATUTE OR UNDER COMMON LAW.
ARTICLE 15 -WAIVER OF DEFAULT.
Waiver by the City of any breach or default of any condition, covenant or provision of this
Agreement observed and performed by Contractor shall in no way impair the right of the City to
avail itself of any remedy for any subsequent breach or default.
ARTICLE 16 -MODIFICATION -ENTIRE AGREEMENT.
No modification of this Agreement shall be effective unless made in writing and signed by
Contractor and the City. This Agreement constitutes the entire understanding between Contractor
and the City and cancels and supersedes any prior negotiations, understandings or agreements,
whether written or oral, with respect to the work to be performed by Contractor.
ARTICLE 17 -ASSIGNMENT -SUBCONTRACTING.
Contractor shall not assign or subcontract this Agreement, or any interest therein, without the
written consent of the City. Contractor shall be responsible for the acts and omissions of all
subcontractors, and shall require all subcontractors to maintain the insurance coverage required to
be maintained by Contractor as provided in this Agreement, and to indemnify Contractor and the
City to the same extent as the City is indemnified by Contractor under this Agreement.
IN WITNESS WHEREOF, the City and Contractor have executed duplicate counterparts of this
agreement on the dates indicated below.
THE CITY OF FORT WORTH, TEXAS
By
Title:
CONTRACTOR
Date
Date
FORT WORTH TRANSPORTATION AUTHORITY
1600 E. Lancaster Avenue ■ Fort Worth, Texas 16102-6720 ■ (817) 215-8700
July 14, 2010
Mr. Bryan Beck, P.E., Program Manager
City Manager's Office
City of Fort Worth
1000 Throckrnorton
Fort Worth, TX 76102-6311
Re: Southwest Parkway—SW2NE Commuter Rail Line
Joint Use Agreement Between City of Fort Worth, Texas and
Fort Worth Transportation Authority
Dear Bryan:
We are returning the three executed original documents referenced above. After the City
Secretary has affixed the City seal and assigned the contract number, we would appreciate your
returning one signed original agreement for our records.
Thank you for your assistance.
Sincerely,
Sylvia M. Hartless
General Counsel
SMH/gg
Enclosures-3
cc: Dick Schiefelbein
SMH 2O10-07-016
CITY BUS SERVICE ■COMMUTER RAIL SERVICE ■SERVICE FOR THE MOBILITY IMPAIRED ■ CARPOOL & VANPOOL MATCHING