HomeMy WebLinkAboutContract 44952 (2)coVM;CRs1
NO0
NOTICE 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
NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
TEMPORARY PUBLIC STRFET GROSSING
AND RAILROAD WARNING AND SAFETY DEVICES LICENSE
(North Commerce Street Detour Crossing)
STATE OF TEXAS §
COUNTY OF TARRANT §
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 North Main Street
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 in
Exhibit(s) A — B 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 (ili) the
installation, maintenance and use of 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 of 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 North
Commerce Street Detour (the "North Commerce Street Detour Crossing") in,
TEMPORARY PUBLIC STREET CROSSING
AND RAILROAD WARNING AND SAFETY DEVICES LICENSE
(North Commerce Street Detour)
1:10370410047\M M2395. DOCX
OFFICIAL RECORD
CITY SECRETARY
Ft WORTh, TX
Page 1
RECE1VED DO 4r
upon, under and across a portion of the Crossing Property and Licensor's
railroad facility located thereupon as described and shown on attached
Exhibit(s) A — B 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 North Commerce 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 North Commerce 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 North Commerce Street Detour Crossing other than in conjunction with
the construction of the Bridge.
3. The North Commerce Street Detour Crossing and Warning and Safety
Devices shall be constructed and/or installed in accordance with the "Plans and
S pecifications" 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 North Commerce
S treet 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
S afety 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.
TEMPORARY PUBLIC STREET CROSSING
AND RAILROAD WARNING AND SAFETY DEVICES LICENSE
(North Commerce Street Detour)
1:\03704\00471M M2395. DOCX
Page 2
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
during installation of the North Commerce 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 North Commerce 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
North Commerce 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 on the Property. Additionally, Licensor or its contractors shall
remove all tools, equipment 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 entered 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 return the crossing to its closed condition pursuant to
the 2005 Settlement Agreement (as such term is defined in the TRV Bridges Settlement
Agreement).
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 Licensees 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:
TEMPORARY PUBLIC STREET CROSSING
AND RAILROAD WARNING AND SAFETY DEVICES LICENSE
(North Commerce Street Detour)
I:\03704\0047\M M2395. DOCX
Page 3
a. Commercial General Liability Insurance. Commercial General
Liability ("CGL") insurance shall contain broad form contractual liability with a
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:
TEMPORARY PUBLIC STREET CROSSING
AND RAILROAD WARNING AND SAFETY DEVICES LICENSE
(North Commerce Street Detour)
I:\03704\0047\M M2395. DOCX
Page 4
•
•
Licensee's and its contractor's statutory liability under the workers'
compensation laws of the state(s) affected by this Agreement
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
TEMPORARY PUBLIC STREET CROSSING
AND RAILROAD WARNING AND SAFETY DEVICES LICENSE
(North Commerce Street Detour)
I:\03704\0047\MM2395.DOCX
Page 5
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).
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 Requirements
g. Licensee's contractor's policies are tobe 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.
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:
TEMPORARY PUBLIC STREET CROSSING
AND RAILROAD WARNING AND SAFETY DEVICES LICENSE
(North Commerce Street Detour)
I:\03704\0047\MM2395.DOCX
Page 6
(i) Upon request from Licensor, a duplicate original of any
required policy shall be furnished.
(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.
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
TEMPORARY PUBLIC STREET CROSSING
AND RAILROAD WARNING AND SAFETY DEVICES LICENSE
(North Commerce Street Detour)
I •\03704\0047\M M2395. DOCX
Page 7
extent these damages are covered by and actually recovered under the workers
compensation and employers liability or commercial umbrella/excess liability
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).
r. 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 North Commerce 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 North Commerce 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 North Commerce 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. 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
TEMPORARY PUBLIC STREET CROSSING
AND RAILROAD WARNING AND SAFETY DEVICES LICENSE
(North Commerce Street Detour)
1A03704\0047\M M2395. DOCX
Page 8
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 North
Commerce 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
render it valid, lawful and enforceable in a manner consistent with the intentions of the
parties regarding such provision.
TEMPORARY PUBLIC STREET CROSSING
AND RAILROAD WARNING AND SAFETY DEVICES LICENSE
(North Commerce Street Detour)
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Page 9
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 and 2005 Settlement Agreements.
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
(North Commerce Street Detour)
1 •\03704\0047\M M2395. DOCX
Page 10
IN WITNESS WHEREOF, this instrument is executed on the day of
October, 2013 ("Effective Date").
FORT WORTH & WESTERN
RAILROAD COMPANY
By:
AGREED TO AND ACCEPTED:
THE CITY OF FORT WORTH, TEXAS,
a municipal corporation
By: / 6/4/AosQO
Fernando Costa, Assistant City Manager
RECOMMENDED BY:
( is Li_ e
Douglas /�. Wiersig, Director,
Transportation and Public Wo s Department
APPROVED AS TO FORM AND LEGALITY:
Assistant City Attorney
ATTEST:
Mary J. Ka
City Secretary
TEMPORARY PUBLIC STREET CROSSING
AND RAILROAD WARNING AND SAFETY DEVICES LICENSE
(North Commerce Street Detour)
I :\03704\0047\M M2395. DOCX
Steven P. George
President and CEO ti
Ckh&
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M&C: C - z6 30
Date: 4- el6- i3
OFFICIAL RECORD
CITY SECRETARY
FT. WORTh, m
Page 11
STATE OF TEXAS §
COUNTY OF TARRANT §
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This instrument was acknowledged before me on the (2' day of
October, 2013 by Steven P George President and CEO of Fort Worth & Western
Railroad Company a Texas corporation, one behalf of said corporation.
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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
(North Commerce Street Detour)
I'\03704\0047\M M2395. DOCX
Page 12
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GENERAL NOTES:
RESPONSIBILITIES OF THE STATE OF TEXAS OR ITS CONTRACTOR
1, FURNISH AND INSTALL ASPHALT PAVEMENT TO MATCH THE GRADE OF RAILROAD PLANKS
2 FURNISH AND INSTALL THE APPROPRIATE PAVEMENT MARKINGS AS OUTLINED ON
THE ATTACHED LAYOUT AND STANDARD SHEET AND IN ACCORDANCE WITH THE
GUIDELINES IN THE TEXAS MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES (TMUTCD)
3. FURNISH AND INSTALL THE FOLLOWING SIGNS IN ACCORDANCE WITH THE TEXAS
MUTCD AND THE STANDARD HIGHWAY SIGN DESIGNS MANUAL FOR TEXAS (SHSD)'
2-W10-1, 2-R15-4 (NUMBER OF SIGN AND QUANTITY)
4- PROVIDE ALL TRAFFIC CONTROL DURING CONSTRUCTION IN ACCORDANCE WITH
THE GUIDELINES IN THE TEXAS MUTCD INCLUDING THAT NEEDED WHILE ROADWAY
WORKERS ARE PRESENT
5, MAINTAIN THE PAVEMENT MARKINGS AND ADVANCE WARNING SIGNS PLACED ALONG
THE ROADWAY(S) UNDER THEIR JURISDICTION IN ACCORDANCE WITH THE TEXAS MUTCD
AND AS SHOWN ON THE LAYOUT AND STANDARD SHEETS AS ACKNOWLEDGED ON THE
TITLE SHEET
RESPONSIBILITIES OF THE CITY OF FORT WORTH OR ITS CONTRACTOR
TRIM AND MAINTAIN TREES AND VEGETATION FOR ADEQUATE VISIBILITY OF THE
CROSSING SIGNALS AND ADVANCED WARNING SIGNS AS ACKNOWLEDGED ON THE
TITLE SHEET
RESPONSIBILITIES OF THE FORT WORTH AND WESTERN RAILROAD OR ITS CONTRACTOR
1. INSTALL ONE 72 FOOT CONCRETE CROSSING IN FULL WIDTH FOR THE TEMPORARY DETOUR
2 FURNISH IN PLACE ALL CONDUIT, FILL DIRT AND CRUSHED COVER ROCK
3. FURNISH AND INSTALL MEMBRANE FABRIC WITH 5" PERFORATED DRAINAGE PIPE WHERE REQUIRED
4. EXCAVATE EXISTING SUBGRADE BASE MATERIAL
5 FURNISH AND INSTALL NEW STABILIZED BASE MATERIAL
6, WELD RAIL CONTINUOUSLY WITHIN THE LIMITS OF THE CROSSING
7. FURNISH, INSTALL AND MAINTAIN SIGN MOUNTING BRACKETS FOR THE REPORT
SIGNS (R15-4) AT THE STATE'S EXPENSE.
5. REMOVE AND STORE THE TEMPORARY DETOUR CROSSING SIGNALS AND CONCRETE PANELS
FOR USE ON FUTURE PROJECTS WITH THE CITY OF FORT WORTH THIS PROCEDURE WILL TAKE
PLACE AFTER THE DETOUR IS NO LONGER NEEDED
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PAVEMENT REPLACEMENT SECTION
2" TYPE A HMAC
— 8" TYPE A FLEX -BASE
Exhibit A
Commerce
(P. 1 of 2)
. X*AR i
t.
80059 ,0
/J IISS/OnLL C�
`%ge: PE S/2$51/./3
n0wre or aeme*rom c oar.
rechrele. Inc
7m Registered
Engineering Vlmning urn 1-214e
a FREESE gNICHOLS
4OSj In -nob o0R0Y, Stele 200
Inn Worth. 00 19100-4095
wmono - N - 1011711735-7491100
O
Texas Department of Transportation
2013
NORTH MAIN STREET (BU 287P)
FWWR EXHIBIT A
DOTS* XXX XXX M — RRMP XeX
GENERAL NOTES FOR
COMMERCE STREET CROSSING
DESIGN FED. RD.
TJS Pil'. NO.
GRAPHICC 6
TJS STATE DISTRICT
CHECK TEXAS FTW
AIG
CHECK CONTROL SECTION
JFD 0014 01
FEDERAL AID PROJECT NO.
HP 2008 (3441
COUNTY
TARRANT
J03
022
HIGHWAY
NO.
SU 267P
SHEET
NO.
22
0
fe
96' BY ISY CONCRETE
CROSSING
CAP DROP INLET
2' BELOW EXISTING
GROUND
BEGIN CURB MEDIAN
STA. 310+21.41
nil
6' 12'
Aellgil
111Aankokr r 1I10101 I101w 1/0r J .:un mumb
CONCRETE CURB
HICHIYAY CROSSING
SIGNAL ETD GATE. SEC
TXDOT DETAIL
RCSSIII-OD
ohd
12'
ell
BEGIN CURB
STA. 310+88.46
-ENO CURB
STA. 310.52.63
12'
END CURB MEDIAN
$TA. 310.52.63
en WW1 035t.c.« 11-50emv > On
R
BEGIN CURB MEDIAN
STA. 310+78.96
PROPOSED CROSSING
DOT *XXX XXX M
RRMP X. X
CONCRETE CURB
312+00
N. COMMERCE STREET
END CURB MEDIAN
STA. 311+35.41
re
•
h\`PROPOSED LOCATION OF
RR CONTROL CABINET
Exhibit A
Commerce
(P. 2 of 2)
r
SCALE IN FEET
SIGNAL CIRCUITS ARE DESIGNED TO GIVE
20 SECONDS MINIMUM WARNING TIME (MW!,
PLUS (4) SECONDS FOR CLEARANCE TIME (CT),
PLUS (5) SECONDS FOR BUFFER TIME (BT),
PLUS (5) SECONDS FOR EQUIPMENT RESPONSE
TIME (ERT) FOR A TOTAL OF 34 SECONDS
APPROACH TIME, PRIOR TO THE ARRIVAL
OF THE FASTEST TRAIN AT THIS CROSSING
2 TRAFFIC DATA 8,100ADT AT 20 MPH
AND 4 TRAINS PER DAY AT 20 MPH
3. CONSTANT WARNING CIRCUITS ARE TO BE
USED AT THIS LOCATION.
r/2v43
//.. o-wmre m Heat a-ane a 99s
e'v Tea. wrt K.t* .
` r a Pepol. e C q'nu,inj Frm I-Y.1
r--CNN CHOLS
.12,22 o.
Fed Wwlh. TXwl10 -l09pla 200
Mane
taiii7 ],p]09
111' Texas Department of Transportation
`C 2013
NORTH MAIN STREET (BU 287P)
FWWR EXHIBIT A
DOT# XXX XXX M - RRMP X.X
RAILROAD DETOUR
DESIGN
TJS
GRAIN I:EU
FNI
CHECK
8
CHECK COMHOL
JF0 0014
CROSSING ON COMMERCE S%„heet
FED. RC. 7E0=RAI. AID PROJEf.T NO.
DIY. NO.
6 HP 2006 (344)
G-ATE DISTRICT I COUN"Y
TEXAS FTW TARRANT
sun- ION JOE
01 022
of
11I OIIP'AY
NO.
6U 287P
AHFFT
NC.
23
Exhibit B
Commerce
(P. 1 of 3)
Page: 1 of 3
BEING a tract of land located in the John Baugh Survey, Abstract 115 and the F.G. Mulliken Survey, Abstract 1045, 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.); being more particularly described by metes and bounds as follows:
COMMENCING at a 5/8 inch iron rod found (control monument) at the intersection of the Southerly right-of-way line of
Eleventh Street (a 60' R.O.W) and the Westerly right-of-way line of Commerce Street (a 70 R.O.W) also being
the Northeast corner of Lot 13, Block 45, North Fort Worth Addition, an addition to the City of Fort Worth, Tarrant
County, Texas, recorded in Volume 63 Page 149, Plat Records Tarrant County, Texas (P,R.T C.T,)
THENCE South 30 degrees 06 minutes 15 seconds East along the Westerly right-of-way Tine of said Commerce
Street, and the Easterly line of Lots 13, 14, 15 16 17 and 18 Block 45 of said North Fort Worth Addition, a
distance of 256.67 feet to a point on the Westerly right-of-way line of said FWWR tract and being the POINT OF
BEGINNING of the herein described tract.
THENCE North 04 degrees 04 minutes 48 seconds East along the said Westerly right-of-way line of FWWR tract, a
distance of 124.59 feet to a point on the Easterly right-of-way line of said Commerce Street being the
Southwesterly corner of a tract of land described in a deed to Joe M. Lazo & Angelica Lazo Trustees of the Joe M
and Angelica Lazo Family Trust, recorded in Volume 12277, Page 2201, D.R.T.0 T , from which a 1-1/4 inch iron
rod found (control monument) being the Northwesterly corner of said Lazo tract at the intersection of the Easterly
right-of-way line of Commerce Street and the Southerly right-of-way line of said Eleventh Street bears North 30
degrees 06 minutes 15 seconds West, a distance of 153.63 feet;
THENCE South 30 degrees 06 minutes 15 seconds East, along the Easterly right-of-way line of said Commerce Street, a
distance of 177.96 feet to a point on the Easterly right-of-way line of said FWWR and the Westerly line of a tract of
land described in a deed to Tarrant Regional Water District, recorded in Document No, D209336857, D.R.T C,T.;
THENCE South 04 degrees 04 minutes 48 seconds West along the Westerly line of said FWWR and the Easterly line of
said Tarrant Regional Water District tract, a distance of 124.59 feet to a point on the Westerly right--of-way line of
said Commerce Street;
THENCE North 30 degrees 06 minutes 15 seconds West along the Westerly right--of-way line of said Commerce Street, a
distance of 177.96 feet to the POINT OF BEGINNING and containing 12,458 Square Feet or 0.286 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\0524\Survey\PARCEL-RRXI-MAIN.doc
Exhibit B
Commerce
(P. 2 of 3)
Page: 2 of 3
I do hereby certify on this 25th day of September 2012 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: 6, - Z ,g.
G:\FW06\0524\Survey1PARCEL•RRX1-MAI N.doc
bIRF
LOT 13
<
LOT 11
I CONTROL POINT
CC6 j
N 6.971.351.9471
E 2.311.947.2753
LOT 10
LOT 9
LONNIE
DOC.#
j D.
Nt
LOT 14
1-1/4h IRON RODFD .
(CONTROOMONUMENT ) O
/RF
POINT OF
COMMENCING
W IRON ROD
FOUND
IR F (CONTROL MONUMEN1)
LOT 15
<
C'
cAN
O
\ c5 , l cr
/f. 0\
LOT 16
12834
N 3 .q8T
KIRK STOKES
D204283061
R. T.C.T.
LOT 0
Oq 05"t�
-"POINT OF
BEGINNING
N 6.967.614.1005
E 2.324.225.403
-BLOCK 46 �I
LOT 12
\ LOT 10
Lr
�llL.
N 6.967.738.3720
E 2.324.234.2684 -J
a
LOT 17
LONNIE KIRK STOKES
DOC.# 0204263061
O.R.T.C.T.
NORTH FORT WORTH ADDITION
VOL. 63. PG. 149
P.R.T.C.T.
LOT 7
BLOCK 45
LOT 6
R.G.A..INC.
VOL. 14474. PG. 236
O.R.T.C.T.
< j
<
500 W. 7TH ST.. SUITE 1100
FORT WORTH. TEXAS 76102
817-339-8950
FAX 817-336-2247
PROJ NO: P202 06 0524
SCALE: 60
DATE: 9-25-2012
DESIGNED BY:
DRAWN BY: K.D.E.
CHECKED BY: D.L.D.
FILE: P-RRX1-MAIN_V-P80001.DGN 1
RLVtSEI): J
LOT 5
LOT4
eo
LOT 18
9
O
• 11 LOT 19I
n
''C:
IAa
60 Alb
a�6`
a
0T 20
-o -o
<
KENNETHD. MAIN,...
.55..
54 .
Ott
• 100'
Z
cr
WYM
In Q
3 za1
UO • U
O .
rowl—
OrrOa
0
aQ:o
o >
LL
Gto
f -1
L
i
CONTROL POINT
CC4
N 6.968.816.7590
F 2.324.915.0130
too' _--0,7
NOTE: CITY OF FORT WORTH RESOLUTION
No. 3321-03-2006 AUTHORIZING THE CLOSURE
OF A PORTION OF THE 1100 BLOCK OF NORTH
COMMERCE STREET AT THE FORT WORTH AND
WESTERN RAILROAD CROSSING.
(CITY OF FORT WORTH TO RETAIN TITLE TO
PUBLIC RIGHT-OF-WAY IN SAID STREET,
RETAINING ANY 4NO ALL EASEMENTS FOR
EXISTING AND PROSPECTIVE UTILITIES, AND
RETAINING THE RIGHT OF ACCESS AT ALL
11MES FOR THE PURPOSE OF MAINTAINING EXISTING
AND PROSPECTIVE UTILITY FACILITIES LOCATED IN
THE AFORESAID PORTIONS OF SAID STREET.)
12.458 SO. FT. e
OR
0.286 AC.
SHEET TITLE
PROJECT
N 6.967.564.4118
E 2t324.323.5307
17 \
r
N 6.967
E\2.324
1" • 60'
ti
Z(~j if)
CO
amti:
aiv)cTU
F OO~
O
cc cr
a FWte
cr - .0
'cc
O
0
.460.1404
.314.6661
60
30
0
GRAPHIC SCALE
Exhibit B
Commerce
(P. 3 of 3)
TRINITY RIVER VISION
NOTE: COORDINATES SHOWN ARE SURFACE COORDINATES
BASED ON NAD 83 TEXAS NORTH CENTRAL ZONE (4202) WITH
AN ADJUSTMENT FACTOR OF 1.0001375789116
r STARRFOAM MFG. INC.
VOL. 7608. PG. 1790
O.R.T.C. T.
IN FEET
BLOCK 46
NORTH FORT WORTH
ADDITION
VOL. 63. PG, 149
P.R.T.C.T.
60
PG. 3 of 3
Exhibit C
Commerce
(P. 1 of 3)
RAILWORKSR
February 15, 2013
Mr. Bill Parker
FWWR
Director of Projects
2495 East Long Ave
Fort Worth, TX 76106
Reference: Commerce Street Crossing
Dear Mr. Parker:
Phone: (817) 222 — 9798
Mobile: (817) 201 — 4450
Email: wrn@fwwr.net
RAILWORKS Track Systems, Inc.
P.O. Box 7128 Ft Worth, Texas 76111
388 N Wilderman Ft Worth, TX 76102
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 prices listed below. Taxes are included.
Labor & Equipment
Materials
Tax
Tota 1
$ 23,950.00
$ 38,650.00
$ 5,164.50
$ 67,764.50
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 6 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:
Exhibit C
Commerce
(P 2 of 3)
ATTACHMENT A
Scone of Work and Clarifications:
RailWorks proposes to install a 99 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 every other tie to comply with FWWR policy. RailWorks will
surface the track using a 2400 tamper throughout the crossing as well as an appropriate number of feet past each end of the
crossing to ensure quality surface. 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 of put into haul off bins.
EXCLUSIONS:
Site Clean Up Other than Contractor Material
Rail
Traffic Control
All Asphalt Work
Welding of Joints
All survey work
Site drainage
Drawing or Design Work
Testing or Lab work
Pipeline relocating or encasing
Utility Movement or locating
ATTACHMENT B
Exhibit C
Commerce
(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 wl Ile 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, replacement 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 al! 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 the_jobsite. 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 contaminants 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 otherwise 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
Commerce
(P. 1 of 2)
RAILWORKS
February 14, 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: New crossing at Commerce Street Fort Worth, TX
Dear Mr. Parker
RailWorks Signals & Communications, Inc. (RSC) is pleased to submit our price for the proposed work
on the Fort Worth & Western Railroad. All prices listed on this document ate good for 30 days after the
date listed above You will find an itemized list of signal material to be used at this crossing attached to
this proposal. If you have any questions regarding this proposal please feel free to contact us.
Proiect Information:
Install 2 new gate flashers and 6' X 6' bungalow, with two track redundancy CWT device at Commerce
Street, Fort Worth, TX
Scope of Work:
1. RSC crew will travel to jobsite.
2. RSC crew will provide equipment and tools necessary to complete proposed work.
3. RSC crew will install 2 new gate flashers in the appropriate locations.
4. RSC crew will Install new 6' X 6' house, cable to all warning devices and make all necessary
track connections.
5. RSC crews will provide documented pre -test and in-service test sheets along with final As -In
Service plans 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. The Railroad will install new meter service and pole.
4. Utility company fees/charges and utility relocations are excluded.
5. We assume not mal site and soil conditions; no rock excavation.
6. Sales tax is included.
7. Prevailing wage rates are not included in this estimate.
8. The cost of Railroad flagging service is not included in this estimate.
Exhibit D
Commerce
(P 2 of 2)
February 13, 2013
9. Any track work is excluded.
10. RSC has allowed for mobilization to the project site.
11. This price proposal is subject to a mutually agreeable contract between RSC and the Owner's
Construction Manager
12. Railroad protective liability insurance is not included.
Total Price for work Proposed: $136,759
Material Cost: $103,398.00
Labor/Equipment Cost: $24,831
Tax: $8,530.00
All work to conform to specifications and requirements below:
Installation will be in compliance with the American Railway Engineering and Maintenance -of -Way
Association (AREMA). All work will also be in compliance with MNA 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 the Fort Worth & Western Railroad. RCS will cotnply 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 iadio 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 cost proposal and look forward to working on this
project with you.
Regards,
Jason Quinlan
Project Engineer/Estimator
RailWorks Signals & Communications
iauinlan(ci ratlwotks.com
Cell (404) 416-9484
Send via email to: wrp@fwwr.net
M&C Review
Page 1 of 2
DATE: 7/9/2013
Official site of the City of Fort Worth, Texas
FORT Wont
COUNCIL ACTION: Withdrawn on 7/16/2013
.10
CONTINUED FROM A PREVIOUS WEEK
REFERENCE 06TRV FORT WORTH AND
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/couneil_packet/mc_review.asp?Ia=1 8408 &couneildate=7/1 6/201 3 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 Tnnity 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 Manager'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=18408&councildate=7/16/2013 10/9/2013