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HomeMy WebLinkAboutContract 44951 (2)/Juaji CONTRACT NO. , 7 . N OTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS YOUR SOCIAL SECURITY N UMBER OR YOUR DRIVER'S LICENSE NUMBER. TEMPORARY PUBLIC STREET GROSSING AND RAILROAD WARNING AND SAFETY DEVICES LICENSE (Henderson Street Detour Crossing) STATE OF TEXAS § COUNTY OF TARRANi § KNOW ALL MEN BY THESE PRESENTS' That, Fort Worth & Western Railroad Company, a Texas corporation ("Licensor"), of the County of Tarrant, State of Texas, for and in consideration of $10.00 and other good and valuable consideration and the performance by The City of Fort Worth, a Texas home rule municipality ("Licensee") of all covenants and agreements contained in that one certain Settlement Agreement of even date herewith (the "TRV Bridges Settlement Agreement") between Licensor and Licensee, the receipt and sufficiency of which are hereby acknowledged, in conjunction with, and in order to accommodate, the Trinity River Vision Project, including the construction of a new Henderson Street (SH 199) overpass (the "Bridge") necessitating a temporary detour road during the construction thereof, by these presents GRANTS unto Licensee, without express or implied warranties, and all warranties that might arise by common law, and the warranties in Section 5.023 of the Texas Property Code (or its successors) are excluded, temporary non-exclusive licenses for (i) the construction, use and maintenance of a temporary public street crossing upon a portion of Licensor's right-of- way and railroad facilities located in the City of Fort Worth, Tarrant County Texas, more particularly described and depicted in Exhibit(s) A = B-2 attached hereto and incorporated herein for any and all purposes (the "Crossing Property"); (ii) the installation, maintenance and use of Warning and Safety Devices (hereinafter defined) upon a portion of the Crossing Property, and (iii) the installation, maintenance and use o f any necessary part of that portion of Licensor's right-of-way that is one thousand two hundred (1,200) feet to the east and one thousand two hundred (1,200) feet to the west o f the Crossing Property (the "Devices Property") for the installation and placement of the Operating Equipment (hereinafter defined), which licenses shall hereinafter be referred to together herein as the "License". The Crossing Property and the Devices Property are sometimes referred to herein as the "Property." 1. The License granted herein shall be solely for the following purposes (collectively, the "Project"): a. The construction, operation, maintenance, repair, replacement or removal of a temporary railroad crossing for a public street known as Henderson Street Detour (the "Henderson Street Detour Crossing") in, upon, under and TEMPORARY PUBLIC STREET CROSSING AND RAILROAD WARNING AND SAFETY DEVICES LICENSE (Henderson Street Detour Crossing) 1:103704100471MM2276. DOCX -Riga OFFICkts L iRktUNN CITY SECRJt[[MW FT. woRrl, uirx across a portion of the Crossing Property and Licensor's railroad facility located thereupon as described and shown on attached Exhibit(s) A — B-2 together with the right and privilege at all times subject to the terms hereof, to enter upon the Crossing Property, or any part thereof, for the above purposes; b. The installation, operation, maintenance, repair, replacement, or removal of railroad warning and safety devices and supplemental safety measures more particularly described in Exhibit(s) C - D attached hereto and Incorporated herein for any and all purposes ("Warning and Safety Devices") for the Henderson Street Detour Crossing in, upon, under and across a portion of the Crossing Property, together with the right and privilege at all times, subject to the terms hereof, to enter upon the Crossing Property, or any part thereof, for the above purposes, and c. The installation, operation, maintenance, repair, replacement, or removal of equipment integral and necessary to the operation of the Warning and Safety Devices for the Henderson Street Detour Crossing more particularly described in Exhibit(s) C — D attached hereto and incorporated herein for any and all purposes ("Operating Equipment") in, upon, under and across a portion of the Devices Property, together with the right and privilege at all times, subject to the terms hereof, to enter upon the Devices Property, or any part thereof for the above purposes. 2. The term of this License Agreement shall be for a term commencing on the Effective Date and continuing until ninety (90) days following the completion and opening of the Bridge to regular vehicular traffic. In addition, the Licensee shall have no right to use the Henderson Street Detour Crossing other than In conjunction with the construction of the Bridge. 3. The Henderson Street Detour Crossing and Warning and Safety Devices shall be constructed and/or installed in accordance with the "Plans and Specifications" provided and more particularly described in Exhibit(s) A. C and D attached hereto and Incorporated herein for any and all purposes. Licensee shall, at its sole cost and expense and subject to any statute, order, rule or regulation or any public authority having jurisdiction thereof, locate, construct and maintain the Henderson Street Detour Crossing and Warning and Safety Devices in such a manner and of such material that it will not at any time be a source of danger to or interference with the present tracks, roadbed and property of Licensor, or safe operation of Licensor's railroad. Additionally, Licensee shall at all times comply with the National Railroad Safety Standards and American Railway Engineering Association Standards. 4. Licensee shall use the License solely for the purposes provided for herein and shall not use them for any other purpose whatsoever. 5. Licensee shall, within thirty (30) days of invoice to Licensee, reimburse Licensor for any expenses incurred by Licensor for flagmen to protect its railroad traffic TEMPORARY PUBLIC STREET CROSSING AND RAILROAD WARNING AND SAFETY DEVICES LICENSE (Henderson Street Detour Crossing) I:\03704\0047\MM2276.DOCX Page 2 during installation of the Henderson Street Detour Crossing, Warning and Safety Devices and Operating Equipment and for any other reasonable expenses incurred by Licensor arising out of or as a result of the installation, operation or maintenance of such facilities as provided for hereunder. 6. Licensee shall, upon giving Licensor seventy-two (72) hours' advance notice by contacting the Licensor's Chief Engineer, have the right to enter the Crossing Property and the Devices Property for the purpose of installing, maintaining, repairing or removing the Henderson Street Crossing, Warning and Safety Devices and Operating Equipment In the event of any emergency, the seventy-two (72) hour notice shall be waived, provided that Licensee or its contractors shall make every effort to notify Licensor of the nature of the emergency and that entry onto the right-of-way has occurred. 7. At all times during construction, maintenance, repair or removal of the Henderson Street Crossing, Warning and Safety Devices and Operating Equipment, Licensee or its contractors shall keep the right-of-way in a neat and safe condition and shall keep the tracks clear of obstructions In addition Licensee or its contractors shall keep all equipment, tools and materials stored at least fifteen (15) feet from the center line of Licensor's track. Explosives or other highly flammable substances or any dangerous materials regulated pursuant to federal, state or local laws will not be stored o n the Property Additionally Licensor or its contractors shall remove all tools e quipment and material from the Property upon completion of work, restoring the premises to the same state and condition as when Licensee and/or its contractor e ntered thereon. 8. Upon the completion and opening of the Bridge to regular vehicular traffic, Licensee shall, at its sole cost and expense, barricade within twenty four (24) hours and remove within ninety (90) days the Warning and Safety Devices and Operating Equipment from the Property and render the crossing impassable to Licensor's reasonable satisfaction 9. Notwithstanding any other provisions hereof, Licensee shall comply with all statutes, ordinances, rules, regulations, orders, procedures, standards and decisions (hereinafter referred to as 'Standards"), issued by any federal, state or local governmental body or agency established thereby (hereinafter referred to as 'Authority") relating to Licensee's use of Licensor's property hereunder. In its use of the Property, Licensee shall at all times be in full compliance with all Standards, present or future, set by any Authority. 10. Licensee, or its contractor, at its sole cost and expense, shall procure and maintain during the life of this Agreement, except as otherwise provided the following insurance coverage: a. Commercial General Liability Insurance. Commercial General Liability ("CGL") insurance shall contain broad form contractual liability with a TEMPORARY PUBLIC STREET CROSSING AND RAILROAD WARNING AND SAFETY DEVICES LICENSE (Henderson Street Detour Crossing) I:\03704\00471MM2276.DOCX Page 3 single limit of at least $2,000,000 each occurrence or claim and an aggregate limit of at least $4,000,000. Contractual liability shall afford coverage for sole negligence. CGL insurance must be written on ISO Occurrence Form CGOO 01 12 04 (or a substitute form providing equivalent coverage), including but not limited to coverage for the following: • • • • • Bodily injury Property damage Personal injury and advertising injury Fire legal liability Products and completed operations The policy shall also contain the following endorsements which shall be indicated on the certificate of insurance: • • • • • CG 20-10-0704 and CG 20-37-0704 (or substitute forms providing e quivalent coverage). The exclusions for railroads (within fifty feet (50') from any railroad including but not limited to tracks, bridges, trestles, roadbeds terminals, u nderpasses or crossings) Any exclusion related to the explosion, collapse, and underground hazards shall be removed and shall be indicated on the certificate of insurance. Waiver of subrogation Licensor named as an additional insured. b Business Automobile Insurance. Business Automobile Insurance shall contain a combined single limit of at least $1 000,000 per occurrence or claim, including but not limited to coverage for the following: • Bodily injury and property damage • Any and all motor vehicles including owned, hired and non -owned The policy shall also contain the following endorsements which shall be indicated on the certificate of insurance: • • • Motor Carrier Act Endorsement- Hazardous materials clean up (MCS-90) if required by law Waiver of subrogation. Licensor named as an additional insured. c. Workers Compensation and Employers Liability Insurance Workers Compensation and Employers Liability Insurance shall contain covereage, including but not limited to coverage for the following: • Licensee's and its contractor's statutory liability under the workers' compensation laws of the state(s) affected by this Agreement TEMPORARY PUBLIC STREET CROSSING AND RAILROAD WARNING AND SAFETY DEVICES LICENSE (Henderson Street Detour Crossing) I:\03704\0047\MM2276.DOCX Page 4 • Employers' Liability (Part B) with limits of at least: $1,000,000 each accident, $1,000,000 disease policy limit $1,000,000 each employee If Licensee or its contractor is self -insured, evidence of state approval must be provided along with evidence of excess workers compensation coverage. Coverage shall include liability arising out of the Federal Employers Liability Act, if applicable. The policy shall also contain the following endorsement which shall be indicated on the certificate of insurance: • Waiver of subrogation. d. Pollution Liability Insurance. Pollution Liability Insurance must be written on ISO form Pollution Liability Coverage Form Designated Sited CG 00 39 12 04 (or a substitute form providing equivalent coverage), with limits of at least $5 000,000 per claim and an aggregate limit of $10,000,000 with a deductible not to exceed $100,000. Licensee or its contractor warrants that any retroactive date applicable to the coverage under the policy is the same as or precedes the Effective Date of this Agreement and that continuous coverage will be maintained or an extended discovery period will be exercised for a period of five (5) years beginning from the time the work under this Agreement is completed or if coverage is cancelled for any reason the extended discovery period will be exercised for the maximum time allowed by the policy. If the scope of work as defined in this Agreement includes the disposal of any hazardous or non -hazardous materials from the Premises, Licensee and its contractor shall be responsible for any and all losses claims or demands arising from the disposal site operator accepting and/or disposing of such materials. e. Umbrella or Excess Liability Insurance Umbrella or Excess Liability Insurance must be written on a 'follow form" over the insurance coverage required in Items A, B and C above, with limits of $10,000 000. f. Railroad Protective Liability Insurance. Railroad Protective Liability Insurance ("RPLI') must be provided by the Licensee, or its contractor, prior to commencing, and at all times when, Licensee or its contractors are performing any work on the Property. RPLI shall provide coverage of at least $5,000,000 per occurrence and $10,000,000 in the aggregate The policy shall be issued on a standard ISO form CG 00 35 12 07 (or a substitute form providing equivalent coverage). TEMPORARY PUBLIC STREET CROSSING AND RAILROAD WARNING AND SAFETY DEVICES LICENSE (Henderson Street Detour Crossing) 1:\03704\0047011M2276. DOCX Page 5 The policy shall also contain the following endorsements which shall be indicated on the certificate of insurance: • Licensor named as the insured • Policy shall not include a Deductible or Self Insured Retention • RPLI shall be primary and non-contributory Other Reauirements g. Licensee's contractor's policies are to be endorsed as primary and non-contributory for general liability coverages and excess of the required RPLI policy. h. Punitive damage exclusion, if any, must be deleted, which deletion shall be indicated on the certificate of insurance. i. Licensee and its contractor agree to waive their right of recovery, and their insurers, through policy endorsement, agree to waive their right of subrogation against Licensor. Licensee and its contractor further waive their right of recovery, and their 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 contractor'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. J. All policy(ies) required above (excluding Workers Compensation) shall provide severability of interests and shall name Licensor as an additional insured. Severability of interest and naming Licensor as an additional insured shall be indicated on the certificate of insurance The coverage provided to Licensor as an additional named insured shall, to the extent provided under ISO Additional Insured Endorsement CG 20 26, and CA 20 48 (or substitute forms) provide coverage for Licensor's negligence whether sole or partial, active or passive, and shall not be limited by Licensee's liability under the indemnity provisions of this Agreement. k Prior to commencing any work, Licensee or its contractor shall furnish to Licensor original certificate(s) of insurance evidencing the required coverage, endorsements and amendments. The certificate(s) shall contain a provision that obligates the insurance company(ies) issuing such policy(ies) to notify Licensor in writing at least 30 days prior to any cancellation, non -renewal, substitution or material alteration. Licensee also agrees that: (i) Upon request from Licensor, a duplicate original of any required policy shall be furnished. TEMPORARY PUBLIC STREET CROSSING AND RAILROAD WARNING AND SAFETY DEVICES LICENSE (Henderson Street Detour Crossing) 1:\0370410047\M M2276. DOCX Page 6 (ii) Failure to provide evidence of insurance as required by this Section shall entitle, but not require, Licensor to (i) suspend immediately, and u ntil such time as Licensee's contractor provides evidence of insurance as required by this Paragraph, Licensee's or its contractor's right, and the right of any of contractor's sub -contractors, to come on or about the Property and to u ndertake any activities contemplated hereunder or (ii) terminate this Agreement u pon the giving of written notice to Licensee as provided for herein and Licensee's failure to provide such evidence of insurance prior to the expiration of forty-five (45) days from the date of such notice (iii) The right of Licensee, its contractors, subcontractors, agents and employees to use or occupy the Premises in accordance with this Agreement shall cease immediately upon Licensee's failure to provide evidence of insurance as required by this Section and shall continue until Licensee provides evidence of insurance as required by this Section, subject however to the right to terminate in (ii) above. (iv) Acceptance of a certificate that does not comply with this Section shall not operate as a waiver of Licensee's obligations hereunder. I. Any insurance policy shall be written by a reputable insurance company acceptable to Licensor or with a current Best's Insurance 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. m. Licensee WARRANTS that this Agreement has been thoroughly reviewed by Licensee's Risk Management personnel. n. The fact that insurance is obtained by Licensee on behalf of Licensor 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 o. Licensor may reasonably modify the required insurance coverage to reflect future risk management practices in the railroad industry and u nderwriting practices in the insurance industry provided such modification does n ot result in coverage that is either more demanding of, or expensive for, Licensee's contractor than what is customarily required by other railroads under similar circumstances or renders insurance coverage unobtainable by Contractor p. Licensee waives all rights against Licensor and its agents officers, directors and employees, where permitted by law, for recovery of damages to the extent these damages are covered by and actually recovered under the workers compensation and employers liability or commercial umbrella/excess liability TEMPORARY PUBLIC STREET CROSSING AND RAILROAD WARNING AND SAFETY DEVICES LICENSE (Henderson Street Detour Crossing) 1:103704\0047\M M2276. DOCX Page 7 insurance obtained by Licensee required by this Agreement, which must be stated on the certificate of insurance. q. Insurance requirements of Licensee, but not its contractor, hereunder may be met by a combination of self-insurance, primary and excess coverage (Railroad Protective Liability Insurance may be procured by Licensee's contractor and shall not be subject to self-insurance). All insurance correspondence shall be directed to: Risk Management Department Fort Worth & Western Railroad Company 6300 Ridglea Place, Suite 1200 Fort Worth, Texas 76116 11. Licensee's activities hereunder are to be carried out in a reasonable and timely manner. The Henderson Street Crossing, Warning and Safety Devices, and Operating Equipment and all parts thereof within and outside of the limits of the right-of- way of Licensor shall be constructed and, 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. 12. Licensee will use reasonable efforts to limit the duration of any interference with Licensor's activities on its right-of-way. 13. It is agreed that should the Property or any portion thereof that is the subject of the License and License cease to be used for public purposes, the License, as to the portion so abandoned, shall immediately cease and terminate. 14. Licensee assumes the entire responsibility for the construction and maintenance of the Henderson Street Crossing, Warning and Safety Devices, and Operating Equipment and nothing contained herein shall ever be construed to place upon Licensor any manner of liability for injury to or death of persons, or for damage to or loss of property arising from or in any manner connected with the construction, maintenance or use of the Henderson Street Crossing, Warning and Safety Devices and Operating Equipment located upon Licensor's property. 15. This instrument is made and accepted subject to any license, easement, right-of-way, lease or servitude of any kind, that may be presently in force and affects the Property, including, but not limited to (i) the Pipeline License Agreement dated August 11 2006 as amended, between Davoil, Inc , as licensor and Texas Midstream Gas Services LLC, as licensee and (ii) the Master Pipeline Easement dated February 3, 2009, as amended between Licensor and related entities as grantors and Davoil, Inc., as grantee (memorandums of which are filed of record in the Real Property TEMPORARY PUBLIC STREET CROSSING AND RAILROAD WARNING AND SAFETY DEVICES LICENSE (Henderson Street Detour Crossing) I:\0370410047\MM2276.DOCX Page 8 Records of Tarrant County Texas). It shall be incumbent upon the Licensee to make satisfactory arrangements with the holders of any rights relative to the rights granted Licensee hereunder. In addition, Licensor retains, reserves, and shall continue to enjoy the use of the surface of the Property for railroad and related uses and any other purpose that does not interfere with and prevent Licensee's stated use of this License. Further, and notwithstanding anything contained in this License to the contrary, Licensor shall retain the right to use the Property and to grant additional licenses and easements to third parties over, across and through the Property for facilities running parallel with Licensor's right-of-way of which the Property is a part. 16. 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 Chief Engineer to determine if fiber optic cable is buried anywhere on Licensor's right-of-way to be used by Licensee. If cables or utilities are found, Licensee's contractor will contact the telecommunications company(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. Licensee's contractor 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 contractor's failure to comply with the provisions of this Section. 17. In addition, if a contractor is to do any of the work performed on the Henderson Street Crossing, Warning and Safety Devices, or Operating Equipment (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 will inform its contractor of the need to execute the Agreement. Under no circumstance will Licensee's contractor be allowed onto Licensor's right of way without first executing the Contractor's Right of Entry Agreement. 18. Licensee agrees to notify Licensor in writing when all work on the railroad's right-of-way is completed. 19. Licensor retains reserves, and shall continue to enjoy the use of the surface of the property the subject of the License herein for railroad uses and any and all other purposes that do not interfere with and prevent Licensee's stated use of the License. The License is non-exclusive. 20. If any provision of this instrument shall be determined to be invalid, unlawful or unenforceable to any extent at any time, the remainder of the instrument shall not be affected and shall continue to be enforceable as permitted by law. Any invalid unlawful or unenforceable provision shall be reformed to the extent necessary to TEMPORARY PUBLIC STREET CROSSING AND RAILROAD WARNING AND SAFETY DEVICES LICENSE (Henderson Street Detour Crossing) I:\03704\0047MAM2276.DOCX Page 9 render it valid, lawful and enforceable in a manner consistent with the intentions of the parties regarding such provision. 21. Licensor's failure to enforce or exercise its rights under any term, condition or covenant hereof shall not be construed as a waiver of such rights or of such term, covenant or conditions. 22. The License and the License are personal to Licensee. As such, Licensee has no right to assign the License, the License or this instrument in whole or in part, or to sublicense the License or the License in whole or in part 23. Any notice hereunder to be given by Licensor to Licensee shall be deemed to be properly served if it be deposited in the United States Mail, postage prepaid addressed to the Licensee at 1000 Throckmorton, Fort Worth, Texas 76102, Attention: Director, Transportation/Public Works Department. Any notice to be given hereunder by Licensee to Licensor shall be deemed to be properly served if the same be deposited in the United States Mail, postage prepaid, addressed to Licensor at 6300 Ridglea Place, Suite 1200, Fort Worth, Texas 76116, Attention: President. The parties hereto may by written notice change the address to which such demands, notices or statements may be sent. 24. All the covenants and provisions of this instrument shall be binding upon and inure to the benefits of the successors, legal representatives and assigns of the parties to the same extent and effect as the same are binding upon and inure to the benefit of the parties hereto, but no assignment hereof by the Licensee, its successors, legal representatives or assigns, or any subsequent assignee, shall be binding upon Licensor without the written consent of Licensor in each instance. 25. The terms hereof and all rights and obligations hereunder shall be governed by the laws of the State of Texas. 26. This instrument shall not be modified except by written agreement of the parties. 27. The rights and privileges granted to Licensee hereunder by Licensor are subject to and conditioned upon Licensee's compliance with its obligations hereunder and under the TRV Bridges Settlement Agreement. 28. This instrument, and the TRV Bridges Settlement Agreement together with its attachments, constitute the entire agreement with respect to the subject matter hereof. TEMPORARY PUBLIC STREET CROSSING AND RAILROAD WARNING AND SAFETY DEVICES LICENSE (Henderson Street Detour Crossing) I:\0370410047\M M2276. DOCX Page 10 IN WITNESS WHEREOF, this instrument is executed on the October, 2013 ("Effective Date"). FORT WORTH & WESTERN RAILROAD COMPANY By: AGREED TO AND ACCEPTED. THE CITY OF FORT WORTH, TEXAS, a municipal corporation 14 By ,--#7)4a44 Fernando Costa, Assistant City Manager RECOMMENDED BY: tig Douglas . Wiersig, Director, Transpor tion and Public Work epartment APPROVED AS TO FORM AND LEGALITY: Assistant City Attorney ATTEST: Mary J. Kahy City Secretary TEMPORARY PUBLIC STREET CROSSING AND RAILROAD WARNING AND SAFETY DEVICES LICENSE (Henderson Street Detour Crossing) I ;\03704100471M M2276. DOCX 4 Steven P. George President and CEO M&C: cY Z6 30 l Date I d 3 OFFICUJNL RECORD CITY SECRETARY VORTP1, TK day of Page 11 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on the 7 day of October, 2013, by Steven P. George, President and CEO of Fort orth & Western Railroad gpa,r,}y, a Texas corporation, on behalf of said corporation. o8ERi y /1:" NOiq?`/�% 5 a~ 0 : m m = XoOT '�F lFXAS O\ ' AFTER RECORDING RETURN TO: Mr. Doug Black Assistant City Attorney The City of Fort Worth 1000 Throckmorton Street Fort Worth, TX 76102 TEMPORARY PUBLIC STREET CROSSING AND RAILROAD WARNING AND SAFETY DEVICES LICENSE (Henderson Street Detour Crossing) I:\03704\0047\MM2276.DOCX Page 12 se 0 5070TH-S-02 don o 0 LA Fla z L55H 5' CONSTRUCTION EASEMENT - 10.515_ --- _ N 6,963, 253.9, E 2,323. 265.12 N 6,963,908.1? F ', 323, 257. 55 H.GMWAY CFOSSINL S1GNA W:T1 GATE. SEE TXDOT 3EIAIL RCSS111-09 10.75: R PROPOSE]) ROSSNT I WDECNG -j Ler N 6,963,207.18 E 2,323,311.03 \ 6,963, 191,33 E 2,323,300.65 a N 6, 963, 154, 54 E 2,3 3,343.39 0 10' 20' SCALE IN FEET INOT FOR CONSTRUCTION PiniaarrICINICIIIMIIMINCliara -Mr kUlf1DFICY Cr of WAR rms NO ROOM DATE 01109/201 'IMMO Oa MOM PUrgrarl: 0 ra FREESE �NICHOLS :ee ...,,.,,..,m AA -siii.* Texas Deportment of Transportation 20.3 Exhibit A s Henderson Detour 1 yC AA ;\t c AI' FNI A:G (P. 1 of 2) 6 HE 200E (3441 TEXAS F`W TARRANT 0171 0G 081, etc '0 0 1 0 0 U 0 o 0 0 E L Ln ns LP t dW z GENERAL NOTES- RESPONSIBILITIES OF THE CITv 0= FORT WORTH OP ITS CONTRACTOR FURNISH AND INS -ALL ASPHALT PAVEMENT TO MATCH THE GRADE 0= RAILROAD PLANKS FURNISH AND INSTALL THE APPROPRIATE PAVEMENT MARKINGS AS OUTLINED ON THE ATTACHED IAYOLT AND STANDARD SHEET AND IN ACCORDANCE WITH THE GUIDELINES IN THE TEXAS MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES I-MLTCD). FURNISH AND INSTALL THE F00.LOWING SIGNS IN ACCORDANCE WIT-1 'HE TE/.AS MUTED AND THE STANDARD HIGHWAY SIGN DESIGNS MANUA_ FOR TEXAS (SHSD): 2-W1Q-1; 2-R15-4 (NUMBER OF SIGN AND QUANTITY) 4, PRO/IDE ALL TRAFFIC CONTROL DURI'IG CONSTRUCTION IN ACCORDANCE WITH IRE GJIDELINES .N IH=_ TEXAS MUICD INCLUDING -HAI NEEDED W-11LE ROADWAY WOR<ERS ARE PRESENT. 5. MAINTAIN THE PAVEMENT MARKINGS APD ADVANCE WARIJIIJG SIGNS 'LACED ALONG THE ROADWAY(S) UNDER T-IEIR JJFISDICTION IN ACCORDANCE WITH THE TEXAS MUTED AND AS SHOWN ON THE 'LAYOUT AND STANDARD SHEETS AS ACKNOWLEDGED ON THE TITLE SHEET. 6. TRIM AND MAIN-AIN TF=ES AND VEGETATION FOR ADEQUATE VISIBILITY OF THE CROSSING SIGNALS AND ADVANCED WARNING SIGNS AS ACKNOWLEDGED ON THE 111_E SHEET, 7, REMOVE AND DISPOSE Or ALL TFECS NITHIN FWRR ROW AND WITHIN 250 FEET OF THE EDGE OF PAVEMENT, THIS WORK SHAM I BF SURSIOTAPY TO THE PROJECT. 8. NOTIFY AND COORDINATE WITH FWRR ON ALL WORK WITH WITHIN PARR ROW. PROVIDE DEIAI_ED CONS RLCIION SCHEDULE 10 FWRR Al BEGINNING OF CONS RUCIION AND PRO/IDE SUBSEQUENT FE)ISED SCHEDULE IF SCHEDULE CHANGES. FURNISH AND INSTALL ALL EARTHWORK OUTSIDE OF THE _IMITS 0= -HE RAILROAD CONCRETE PANELS. RESPONSIBILITIES OF THE FORT NORTH AND WESTERN RAILROAD OR ITS CONTRACTOR 1. INSTALL ONE 80 =00T CONCRETE CROSSING IN PULE WIDTH FOR THE-EdPORARY DETOUR. 2. FURNISH IN PLACE ALL CONDUIT, FILL DIRT AND CRJSHED COMER ROCK AS RELATED TO -HE TNSTAIIATTON OF THE RAIIRGAD CONCH=T= CROSSING PANFIS. .5. FURNISH AND INSIALL MEMBRANL FABRIC WiIH 6" PERT-ORAILD DRAINAGE PIP_ WHERE REQUIRED. 4. EXCAVATE :>1ISTING SUBGPADC BASE MATERIAL. 5. FURNISH AND INSTALL NEW STABILIZED BASE MATERIAL 6. WELD RAIL CONIINUOUSLY u6I HIN IRE LIMIIS OF IHo CROSSING. 7. FURNISH, INSTAL_ AND MAINTAIN SIGN MOUNTING BRACKETS FOR THE REPORT SIGNS (R15-4) AT THE CITY S EXPENSE. 8. REMOVE AND STORE THE TEMPORAR` DETOUR CROSSING SIGNALS AND CONCRETE PANELS FOR LSE ON ELTURC PROJECTS WITH THE CITY OF FORT WORTH. THIS PROCEDJPE WI'_L TAKE PLACE AF'=R THE DETOUR -S NO LONGER NF=DEG. 9. SURFACING OF THE TRACTS APPROX, 500 TO B00' EAST OF THE PROPOSED CONCRETE 'ANELS. 1NOT FOR CONSTRUCTION , o1.1nl,wlaN.,rw49,IispAntwnl, 11V 0110491 u Wu1 TGNHO soo-. pAlt Avnnm 60 1 orJvo it ux 6 kinattn. Of 666161.'66' Del o„ TA.= Re4h1ere0 Cepeeeln9 Fbm Ft2144 r7FREESE,o„OL,,.r*71,0o.e.;a.,o0 NICHOLS w<, W gll Dora , Texas Department of Transportation ©20 3 Exhibit A Henderson Detour (P. 2 of 2) e TEXAS 0171 F-W 05 H° 200B (344) TARRANT 081, etc SH 199. Alt BEING BEGINNING THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE Exhibit B-1 Henderson Detour (P. 1 of 3) Page: I of 3 a tract of land located in the Richard Crowley Survey, Abstract No. 313, in the City of Fort Worth, Tarrant County, Texas and being a portion of a tract of land described in a deed to the Fort Worth & Western Railroad Company (FWWR), recorded in Volume 10080, Page 31, Deed Records, Tarrant County Texas (D.R,T.C.T,), and being more particularly described by metes and bounds as follows; at a 1/2" iron rod with cap stamped "Fulton Surveying' (control monument) found, at the most Westerly Southwest corner of a tract of land described in a deed to the State of Texas, recorded in Volume 2394, Page 269 D.R.T,C,T., on the Southeasterly right-of-way line of said FWWR; North 58 degrees 01 minutes 39 seconds West, a distance of 101.31 feet to a point on the Northwesterly right-of- way line of said FWWR; North 22 degrees 16 minutes 36 seconds East along said Northwesterly line of the FWWR right-of-way, a distance of 73 83 feet to a 1" iron rod found (control monument) at the intersection of the Northeasterly right-of- way line of North Henderson Street (a variable width R.O.W.), same being the most Southerly corner of a tract of land described in a deed to SBG Bailey, LLC (an undivided one-half interest) and JGM McMahon LLC (an undivided one-half interest), recorded in Instrument No. D211202871, D.R.T.C,T., said tract being Block 1, Henderson Street Bazaar, an addition to the City of Fort Worth Tarrant County, Texas, recorded in Volume 388- 160, Page 8, Plat Records, Tarrant County, Texas, (P,R.T.C.T ); North 22 degrees 14 minutes 52 seconds East, along said Northwesterly line of the FWWR right-of-way, a distance of 107,31 feet to a point; South 58 degrees 01 minutes 39 seconds East, a distance of 50.59 feet to a point; South 22 degrees 15 minutes 07 seconds West, a distance of 27,93 feet to a point; South 58 degrees 01 minutes 39 seconds East, a distance of 50.78 feet to a point on the Southeasterly line of the FWWR right-of-way and the Westerly line of a tract of land described in a deed to Tarrant Regional Water District, by Judgment recorded in Instrument No. D211294524, D.R.T.C,T ; South 22 degrees 16 minutes 41 seconds West along the Southeasterly line of the FWWR right-of-way and the Westerly line of Tarrant Regional Water District tract, a distance of 142 55 feet to a point being the most Westerly corner of said Tarrant Regional Water District tract and the most Westerly Northwest corner of said State of Texas tract on the Northeasterly right-of-way line of North Henderson Street; South 22 degrees 22 minutes 57 seconds West, along said Southeasterly line of FWWR right-of-way and the Northwesterly line of said State of Texas tract, a distance of 10.65 feet to the POINT OF BEGINNING and containing 16,696 Square Feet or 0 383 acre of land, more or less Note: Survey sketch to accompany this legal description. Note: Basis of bearing = NAD 83 Texas North Central Zone (4202), Note: Coordinates shown are surface coordinates based on NAD 83 Texas North Central Zone (4202) with an adjustment factor of 1.0001375289116 G \FW06\05241Survey\PARCEL-RRX2-HENDERSON DETOUR.doc Exhibit B-1 Henderson Detour (P 2of3) Page: 2 of 3 I do hereby certify on this 16th day of September 2013 that a survey was made on the ground as per the field notes shown on this survey and accurate as to the boundaries and areas of the subject property By: TranSystems Kenneth D. Erwin Registered Professional Land Surveyor Texas Registration No. 5554 Dated: 1 6" J G:\FW06\0524\Survey\PARCEL-RRX2-HENDERSON DETOUR.doc SBG BAILEY, LLC ET AL INST. # D211202871 D.R.T.C.T. BLACK 1 HENDERSON STREET BAZAAR VOL. 388-160, PG. 8 CONTROL POINT N 6,971,351,9471 E 2,311,947.2753 K1 A C c0 •- CC D-. , w •Q *CrF Crud CC w• -)0 1" IRON ROD FOUND (CONTROL MONUMENT) N 6,963,134.6531 E 2,323,227.4880 Li Li c M N 6,963,066.3329 "Ycy E 2,323,199.5002 �l`. J\ �I\ \j/ TyS2, Q N 6,963,233.9710 E 2,323,268.1158 POINT OF BEGINNING 1/2" CIRF STAMPED "FULTON SURVEYING" (CONTROL MONUMENT) N 6,963,012.6889 E 2,323,285.4402 Q N 6,962,932.4628_'' E 2,323,144.6595 Systems) 500 W. 7TH ST., SUITE 1100 FORT WORTH, TEXAS 76102 817-339-8950 'AX 817-336-2247 PROJ NO: P202 06 0524 SCALE: 40 DATE: 9-16-2013 DESIGNED BY: DRAWN BY: J.E.M. CHECKED BY: K.D.E. 9-RRX2-HEN-DETOUR_V-PB0001.dgn RI VISFD: -r , f• KENNEL -I b�ERWIN .5,',,r 4 "' a .� , d 8 A 1/2" BRITTAIN & CRAWFORD CAPPED IRON ROD FOUND N 6,962,915.0056 E 2,323,245.2129 /t CONTROL POINT ' CC4 N 6,968,816.7590 07 . / E 2,324,915,0130 `39 F N 6,963,207.1817 E 2,323,311.0334 N 6,965,181.3332 E 2,323,300.4575 s° �. N 6,963,154.4437 E 2,323,343.5356 TARRANT REGIONAL WATER DISTRICT INST # D211294524 D.R.T.C,T. N 6,963,022.5375 E 2,323,289.4960 r0 \, ao^ \ to \ A<, clSi s N. 9 p�E• \ 4 `b! ST4 C• ct ` l O �,F c'69TF,�'\ • 4)� Q<• 04S \ •0TTF..4•9TO(. \ • 0 S 'r • 40' SHEET TITLE PROJECT 40 20 0 GRAPHIC SCALE IN FEET Exhibit B-1 Hende son Detour (P. 3 of 3) TRINITY RIVER VISION NOTE: COORDINATES SHOWN ARE SURFACE COORDINATES BASED ON NAD 83 TEXAS NORTH CENTRAL ZONE 14202) WITH AN ADJUSTMENT FACTOR OF 1.0001375289116 N PC, 3 of 3 40 POINT 6 N: 6, 963, 233. 97 E: 2, 323, 268. 1 2 HENDERSON DETOUR EASEMENT, POINT 5 6, 963, 066. 33';. 2, 32.3, 1 990 50; SCALE IN/EEO' / Exhibit B-2 Henderson Detour (P. 1 of 1) POINT 1 N: 6, 963, 207. 1 8 E: 2, 323, 31 1 . 03 POINT 2 /N: 6, 963, 1 81 0 33 Eo 2, 323, 300. 46 POINT 3 N: 6, 963, 1 54. 44 E: 2, 323, 343. 54 POINT 4 N: 6, 963, 022. 54 E: 2, 323, 289. 50 HENDERSON STREET BRIDGE RAILROAD CONSTRUCTION FREESE EASEMENT r7 ?NICHOLS 09/16/2013 Exhibit C Henderson Detour (P. 1 of 3) RAILWORKS R' October 4, 2012 William Parker Director of Projects FWWR 2495 East Long Ave Fort Worth, TX 76106 Reference: Henderson Street Crossing RAILWORKS Track Systems, Inc. P.O Box 7128 Ft Worth, Texas 76111 3016 N Sylvania Ft Worth, Texas 76111 817-805-7039 Fax 817-549-0019 In response to the referenced inquiry, RailWorks Track Systems, Inc. (RailWorks) proposes to furnish labor, equipment and material (except for those items furnished by the owner or others) necessary to complete the above referenced project and described in the attached scope of work for the total lump sum price of : $67,000.00. Labor & Equipment $ 30,785.00 Materials $ 36,215.00 Total $ 67,000.00 See the attached Scope of Work and Clarifications as well as the Standard Terms and Conditions and the Track Inspection Limitations of Liability The Standard Terms and Conditions and the Limits of Liability are included here or may already be on file with your company, which in either case should be considered part of this proposal Should any of these items be omitted please contact us for a copy. We propose to commence work on this project within 15 working days after notice to proceed and receipt of a formal purchase order. Also, we propose to complete this work within 7 working days thereafter, barring inclement weather and contingent upon receipt of material. Overtime, shift and/or weekend work is included unless stated otherwise in the scope of work. This proposal shall remain firm for your acceptance for a period of 30 days and will then be subject to review. We appreciate the opportunity to present this proposal for your consideration and trust that it will meet with your requirements. However, should it fall short of your requirements or further information is needed, please contact RailWorks at your earliest convenience to discuss Sincerely, RailWorks Track Systems, Inc. Accepted By: (If Applicable sign & return): Stewart Hoffman, CSP Area Manager Date: ATTACHMENT A Exhibit C Henderson Detour (P. 2 of 3) Scope of Work and Clarifications: RailWoiks proposes to install an 81 ft. new concrete "lag type" crossing using new panels with attached rubber flange -way filler and new 9 ft. ties. RailWorks will also install 15 additional new 9' ties outside each end of the new crossing. RailWorks will anchor the new crossing solid and anchor ever other tie to the existing crossing to comply with the current FWWR CWR policy. RailWorks will make 6 thermite welds to eliminate all the joints in the new crossing and all the joints to the existing crossing including the comp -welds. When we weld all the joints we are to crop all the rails to eliminate all the bolt holes. FWWR is going to supply three (3) 80' 112# tails for the project. RailWorks will install weld straps over the two comp -welds. RailWorks will surface the track from the existing crossing a sufficient distance to stabilize the approach to new crossing to the east. RailWorks will install filter fabric over the ballast section beyond the panels to prevent the ballast from being fouled by the road base (base installed by others). The cost to remove the panels at a later date and haul them to Hodge yard is included, RailWorks will supply any ballast needed for the new crossing area. RailWorks will remove all used material from the jobsite. Material will be stored at Hodge yard or put into haul off bins. Exclusions Rail for Project (3 ea 80' 112#) All dirt work including base material outside of crossing panels All survey work Concrete Work Site drainage outside of crossing panels Drawing or Design Work Testing or Lab work Pipeline relocating or encasing Utility Movement or locating I ATTACHMENT B Exhibit C Henderson Detour (P. 3 of 3) Effective Jan. 2010 suversedes previous versions Standard Terms and Conditions For track repairs in the State of Texas, labor and equipment are taxable while materials are not, provided the owner gives a tax exemption certificate to us. For new construction (State of Texas), taxes are not applicable on any portion of the contract provided the client (or owner, user, et.) gives a tax exemption certificate to us. Unless stated otherwise RAILWORKS Track Systems, Inc. (hereinafter referred to as RAILWORKS) pricing is without taxes. Tax laws for States other than Texas in which work is performed, though taxes not included in the proposal unless stated to the contrary, will apply. Identifying, locating, relocating, removal, replacetnent and/or repairs of any existing underground pipes, utilities, wires, cables, concrete, asphalt or other structures are the responsibility, and to the account of, the client. The Client (or owner, user, etc.) shall apply for and obtain all permits and licenses required for the Work at its' expense and be responsible for securing inspections and approval of the Work from all authorities having jurisdiction over the Work unless stated otherwise in the proposal. Tie disposal is not included in this proposal unless stated otherwise in the scope of work. Old ties will be stockpiled at a designated location on thejobsite. Old rail and other metal track material will be hauled off site unless stated otherwise in the scope of work. Should tie disposal be specifically included in the proposal to your company, the actual disposal may be subcontracted to a company with the proper credentials to legally do so. Before disposal can take place, papers clearly indicating whom the "Generator" (i e. owner, user, et.) is will be provided to the customer for the Generator to sign. Should an entity, other than the customer, be the Generator it will be the responsibility of the customer to obtain the signature of the Generator for the purposes of legal disposal. If arrangements can be made for a method of legal disposal, other than that described above, you will be notified. Should any contatinants be identified during or after the disposal of the ties, any and all remediation (and associated) costs will be to the account of the Generator and/or client, owner, user, etc. Excavated materials such as dirt, ballast, base, concrete, asphalt, et al will require verification of non -contamination from the Generator (i.e. owner, user, et.) to the Landfill Owner prior to any dumping of the material in question. However, should any contaminants be identified during or after the dumping of this material, any and all remediation (and associated) costs will be to the account of the Generator and/or client, owner, user, et. Unless stated otherwise, excavated material and other spoil will be stockpiled on site. Overtime, weekend work and/or shift work is not included unless stated otherwise in the proposal. We hereby warrant all work constructed under this proposal to be free from defects in materials and/or workmanship for a period of one year from date of substantial completion or the date of beneficial occupancy by the client, whichever comes first. RAILWORKS is not bound to repair, replace or be othenvise held responsible for material, equipment and/or workmanship that has been improperly maintained and inspected, altered or tampered with by unauthorized and or untrained personnel, subjected to abrasive or corrosive conditions, normal wear and tear, damage caused by rolling stock, or has been used or maintained improperly Exceptions taken to this warranty may be noted in the proposal. Repairs, or other work, classified as "temporary" do not carry any warranty. Customer agrees that it will not recruit, interview, solicit or hire RAILWORKS employees, whose job responsibilities require them to have contact with the customer, without prior written consent from RAILWORKS unless such employee has been voluntarily separated from RAILWORKS for more than one year or involuntarily separated from RAILWORKS by RAILWORKS. Customer and RAILWORKS agree, due to the difficulty of determining the damages to RAILWORKS for breach of this paragraph, that RAILWORKS, at its option, may select liquidated damages in the amount of $50,000 or 100% of the employee's annual salary, whichever is greater, as its remedy for each violation as an alternative to injunctive relief. This provision shall survive the termination, expiration or cancellation of this agreement for a period of one year. RAILWORKS will progress invoice not less than monthly with no retainage withheld and due Net 30 days from invoice date unless specifically negotiated otherwise and confirmed by purchase order or contract. Invoices over 30 days past due will be charged interest at 1.5% per month. RAILWORKS will complete the Work within the times specified in the proposal provided however, that RAILWORKS will not be liable directly or indirectly, for delays of carriers or delays from labor difficulties, shortages, strikes or stoppages of any sort, fires, accidents, failure or delay in obtaining materials or manufacturing facilities, delays caused by customer, acts of government, war, bad weather, or any causes beyond the control of RAILWORKS or causes commonly designated Acts of God or force majeure, and when such delays arise, the completion date shall be extended accordingly. Bonding (financial), though available, is not included for this Work unless stated otherwise in the proposal. Authorization to do the work in question signifies the Client's acceptance of these Terms and Conditions including any mutually agreed upon exceptions and/or clarifications. Our Standard Insurance Coverages are as follows: (Additional Coverages and higher Limits may be available if necessary.) General Liability Excess Liability (Umbrella) General Aggr. $ 4 Mill. Each Occurrence $ 10 Mill. Products - Comp/Op Aggr. $ 4 Mill, Aggregate $ 10 Mill. Personal & Adv. Injury $ 2 Mill. Workers Compensation & Employer Liability (Texas) Each Occurrence $ 2 Mill EL Each Accident $ 1 Mill. (Each Accident) Fire Damage (Any one fire) $ 100 Thou. EL Disease - Policy Lim. $ 1 Mill. Med Exp (Any one person) $ 5 Thou. EL Disease - $ 1 Mill. (Each Employee) Auto Liability Combined Single Limit $1 Mill. (713) 673-6208 I Fax: (713) 672-9614 Exhibit D Design / Build Warning System Cost Quotation to be provided and agreed to by Licensor and Licensee and substituted herewith. RAILWORKS October 7, 2013 Mr. William R. Parker Director Planning & Special Projects Fort Worth & Western Railroad 2495 East Long Avenue Fort Worth, TX 76106 RailWorks Signals & Communications, Inc. 9250 Baymeadows Road Suite 200 Jacksonville, FL 32256 Tel: 904-296-5055 Fax: 904-296-5056 Subject: Temporary Gate Flasher Crossing Install at Henderson Street and Eventual Removal Dear Mr. Parker, RailWorks Signals & Communications, Inc. (RSC) is pleased to submit our price for the proposed work at Henderson Street in Fort Worth, TX. All prices listed on this document are good for 30 days after the date listed above. The price of this estimate does not include any track work, RSC is only bidding on the signal work. If you have any questions regarding this proposal please feel free to contact us. Proiect Information: Install 4 gate flashers and 6' X 6' bungalow. Install new cable to warning devices and new track connections. When civil work is complete remobilize and retire the crossing. Scone of Work: 1. RSC will provide engineering for new crossing and will make a copy of the plans available to the FWRR for final approval. 2. RSC will procure all required material and wire 6' X 6" bungalow according to approved circuit plans. 3. RSC crew will travel to jobsite. 4. RSC crew will provide equipment and tools necessary to complete proposed work. 5. RSC crew will install 4 new flashers in the appropriate quadrants. 6. RSC crew will install new 6' X 6' bungalow in the appropriate quadrant. 7. RSC crew will install new cable to warning devices and make all required track connections. 8. RSC crew will install new power cable to owner provided meter service. 9. RSC crew will eventually return to Henderson Street to retire this crossing. When this happens all retired material will be hauled to the closest FWRR yard. 10. RSC crews will provide documented pre -test and in-service test sheets to owner. Our price proposal is also based on the following assumptions and clarifications: 1. All hazardous material/substance work of any kind is excluded. RSC will not assume generator status for any hazardous materials uncovered and discovered at the project site. 2. Permits and fees are excluded. 3. Utility company fees/charges and utility relocations are excluded. 4. We assume normal site and soil conditions; no rock excavation. 2 October 7, 2013 5. Sales tax is included in the price of this proposal. 6. Railroad protective liability insurance is not included in the price of this proposal. 7. Bonding for this project is not included in the price of this proposal. 8. Prevailing wage rates are not included in the price of this proposal. 9. The cost of Railroad flagging service is not included in the price of this proposal. 10. Any track work or installation of insulated joints is excluded. 11. RSC is not responsible for the bonding of any jointed rail. All bonding shall be performed by the owner 12. RSC is not responsible for the location of any owner signal cable. 13. RSC has allowed for mobilization to the project site. 14. Payment for this job shall be broken up into 2 phases; installation and removal of temporary crossing. Payment for each phase shall be due within 60 days of acceptance by the FWWRR. 15. This price proposal is subject to a mutually agreeable contract between RSC and the Owner's Construction Manager. Total Price for Crossing Install at Henderson Street, Phase 1: $212,550.00 Total Price for Retiring Crossing at Henderson Street, Phase 2: $24,700.00 Total Price for all Work: $237,250.00 Itemized breakdown of all signal material used attached to this document All work to conform to specifications and requirements below: Installation and Design will be in compliance with the American Railway Engineering and Maintenance - of -Way Association (AREMA). All work will also be in compliance with all FWWRR Signal Standards. Safety: Safety is of primary importance and is the responsibility of personnel at all levels. Safety standards for this project fall under the jurisdiction of FWWRR. RCS will comply with safe practices and standards set forth per the contract. • Safety Briefings to be held daily and as work conditions change. • RSC employees have Roadway Worker Protection (RWP) certification. • RSC crews will have radio on Railroad frequency to communicate with dispatcher if necessary. • RSC maintains an internal safety manual as part of our safety program. • RSC randomly drug and alcohol tests their employees per FRA guidelines. RSC appreciates the opportunity to provide you this price proposal and look forward to working on this project with you. Regards, Jason Quinlan Project Engineer/Estimator RailWorks Signals & Communications jQuinlan@railworks.com Cell (404) 416-9484 M&C Review Page 1 of 2 COUNCIL ACTION: Withdrawn on 7/16/2013 CONTINUED FROM A PREVIOUS WEEK Official site of the City of Fort Worth, Texas FO RT WORTII REFERENCE 06TRV FORT WORTH AND DATE: 7/9/2013 NO : C-26307 LOG NAME: WESTERN RR AGREEMENT CODE: C TYPE: NON- PUBLIC NO CONSENT HEARING: SUBJECT: Authorize Expenditure in the Amount of $304,499.83 to the Fort Worth and Western Railroad Company for Construction of Henderson Detour Railroad -Crossing and Related Equipment, Authorize Expenditure in the Amount of $204,523.50 to the Fort Worth and Western Railroad Company for Construction of Railroad -Crossing and Related Equipment for the Temporary Reopening of North Commerce Street Authorize Execution of a Settlement Agreement in Lieu of Condemnation with the Fort Worth and Western Railroad Company in the Amount of $200,000.00 for Railroad -Crossing License Fees and Easement Acquisition for a Total in the Amount of $709,023.33 for Construction of Trinity River Vision -Related Railroad Crossings and Adopt Appropriation Ordinance (COUNCIL DISTRICTS 2 and 9) RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Special Trust Fund in the amount of $228,951.33 from available funds; 2. Authorize the transfer in the amount of $228,951.33 from the Special Trust Fund to the Street Improvement 2008 Fund; 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Street Improvement 2008 Fund in the amount of 228,951.33 from available funds; 4. Authorize the execution of a Settlement Agreement in lieu of condemnation with the Fort Worth and Western Railroad Company; and 5. Authorize payment in the amount of $709,023.33 to the Fort Worth and Western Railroad Company DISCUSSION: These expenditures are required to provide $304,499.83 to the Fort Worth and Western Railroad Company (FWWRR) for the construction of railroad -crossing and related equipment associated with the Henderson detour project approved by City Council on December 4, 2012, (M&C C-25977) and $204,523.50 associated with the installation by FWWRR of railroad crossing equipment to facilitate the temporary reopening of the North Commerce Street crossing, which will be the detour for the North Main Street bridge project. Staff has reviewed the construction costs and finds them to be fair and reasonable for the work to be performed. This Mayor and Council Communication also authorizes a settlement Agreement in lieu of condemnation in the amount of $200,000.00 for surface crossing license fees for the Henderson detour and North Commerce detour temporary crossings as well as additional railroad right-of-way to accommodate the new White Settlement Bridge. http://apps.cfwnet.org/council_packet/mc review.asp?ID=18408&councildate=7/16/2013 10/9/2013 M&C Review Page 2 of 2 Funding for this Agreement will be paid from Tarrant County Reimbursements received for the Trinity River Vision (TRV) project and 2008 Bond Program Funds for Trinity River Vision. Since 2009, Tarrant County has provided the City with annual reimbursements for bridge and utility work associated with the TRV Project. This Mayor and Council Communication fully commits the remainder of the $14.7 million in 2004/2008 Bond Program Funds for the TRV Project. The project is physically located in COUNCIL DISTRICTS 2 and 9 but will serve Fort Worth residents in ALL COUNCIL DISTRICTS. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the current capital budget as appropriated, of the Street Improvements Fund. TO Fund/Account/Centers FROM Fund/Account/Centers 1) FE72 451970 006231701000 $228.951.33 2) FE72 538070 006231701000 $228.951.33 1)FE72 538070 006231701000 $228.951.33 4)C204 539900 209260014480 $709.023.33 2 3) $2281951.33 C204 472072 209260014480 3) C204 539900 209260014480 $228.951.33 Submitted for Citv Manaaer's Office bv: Fernando Costa (6122) Oriainatina Department Head: Randle Harwood (6101) Additional Information Contact: Mark Rauscher (2446) ATTACHMENTS 06TRV FORT WORTH AND WESTERN RR AGREEMENT C204 A013.doc 06TRV FORT WORTH AND WESTERN RR AGREEMENT FE72 A013.doc FWWRR Map for Settlement Aareement.pdf http://apps.cfwnet.org/council_packet/mc_review. asp?ID=1 8408 &councildate=7/1 6/2013 10/9/2013