HomeMy WebLinkAboutContract 6799 i
CITY SECRETARY
cmT.R a.. No L
CONTRACT SECRETARY'S NUMBER
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THE ATCHISON, TOPEKA AND SANTA FE RAILWAY CONTANY
and
CITY OF FORT WORTH, TEXAS
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AGREEMENT.: Covering land desired for right-of-way
purposes for Hulen Street grade crossing
at Railway rlile Post 4 + 2920 feet, at
Fort Worth, Tarrant Count>>, Texas.
DATED: March 11' 1971
CITY SECRETARY
CONTRACT NO.
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AGREEMENT, Made as of the 11th day
of March 1971, between THE
ATCHISON, TOPEKA. AND SANTA FE RAILWAY
COMPANY, a Delaware corporation, (herein- j
after called "Santa Fe") , as First Party,
and CITY OF FORT WORTH, TEXAS, a municipal
corporation of Tarrant County, acting herein
by its City Manager, hereunto duly authorized
(hereinafter called "City"), as Second Party.
WITNESSETH:
R E C I T A L S:
City desires to use a certain portion of Santa Fe's property, at
Railway Mile Post 4 + 2920 feet, in Fort Worth, Tarrant County, Texas, upon
which to construct and thereafter maintain and use a public road or street,
which is agreeable to Santa Fe upon the terms and conditions hereinafter stated:
AGREEMENT
ARTICLE I
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1. Santa Fe, for and in consideration of the sum of ONE AND NO/100
DOLLARS ($1.00) , cash to it paid by City, the receipt whereof is hereby
acknowledged, and of the full and faithful performance by City of its covenants
hereinafter set forth, hereby licenses City to use a portion of Santa Fe's
property situated at Fort Worth, Tarrant County, Texas, for the purpose of con-
structing, maintaining and using a Public Road, the property, license to use
which is hereby given, being shown in red on print D.E.O. Fort Worth, Texas,
No. '5124, dated Jan. 20, 1971, hereto attached, marked Exhibit "A", and made
a part hereof.
2. Santa Fe agrees that it will, at its own expense, make adjust-
ments to railway communication lines at the crossing location.
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3. Santa Fe agrees that it will, at its own expense, install
and maintain a 48 ft. full depth timber crossing on its main track, provided
that in the event of discontinuance of use by Santa Fe of said track all
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obligations assumed by it hereunder as to such track shall cease and be at an end.
. 4. Santa Fe agrees that it will install and pay one-third (1/3) of
the cost to install automatic grade crossing protection devices at the. crossing
location.
5. Santa Fe agrees that it wilt., at its own expense, install two
standard whistle post signs for the grade crossing.
6. Santa. Fe agrees that it will, at its own expense, maintain the
timber crossing, the grade crossing protection devices and whistle post signs
to be installed at this grade crossing.
ARTICLE II
In consideration of the aforesaid license, City covenants and
agrees to and with Santa Fe as follows:
1. That it will use the licensed premises exclusively as a site
for a Public Road.
2. That it will not let or sublet the whole or any part of the
licensed premises for any purpose whatsoever or assign this license without
the written consent of Santa Fe in each instance.
3. That in case of eviction of City by anyone owning or claiming
title to the whole or any part of the licensed premises, Santa Fe shall not
be liable to City for any damage of any nature whatsoever.
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4. That if the licensed premises, or any part thereof,
cease to be used at any time for the purpose licensed, City will deliver
up to Santa Fe the possession of the whole, or such part so ceased to
be used.
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5. That it will use the licensed premises and maintain
the public road to be located thereon in such manner as .not to
interfere wi.ti.t, binder, or in. any manner obstruct the use by Santa Fe
of its railroad-, or other property adjacent. thereto. In the event
of a breach of'- this covenant at any time, City will, within ten (10)
days after receipt of written notice from Santa Fe thereof, do. ;whatever
may be necessary to remedy such condition, and, failing so to do within
said time, Santa Fe may do so at City's expense.
6. That no legal right of Santa Fe to maintain, use and
relocate the railroad track or tracks or other railroad facilities, now
located upon' the licensed premises or to construct and thereafter maintain,
use and relocate any additional track or tracks or other railroad facilities
as it may desire upon or across said licensed premises shall be in anywise
affected by the giving of this license.
7. That if it shall become necessary, in the future reconstruction
and/or maintenance of said .public road to make any changes, alterations and/or
installations in Santa Fe's right of way fences, cattle guards, signal, power
and/or communications pole and wire lines and/or appurtenances, and/or other
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facilities located upon the licensed premises, including automatic grade
crossing protection devices, such changes, alterations and/or installations
will be made by Santa Fe, at the expense of City.
8. That it will bear and pay the entire cost of constructing
and maintaining the public road upon the licensed premises (except the
portions thereof to be installed and maintained by Santa Fe, as provided
in Article I hereof) , including any and all drainage facilities made
necessary or required because thereof.
9. That this license is made subject to all valid existing
and future contracts, agreecie-n. licenses and easements which may affect
said licensed property, covering roads, public and private; pole lines and
appurtenances; water lines, or other facilities.
10. To appoint and keep competent inspectors, engineers or
other authorized parties on the work to be done by City during the progress
of such word., and to give Santa Fe's Superintendent at Fort Worth, Texas,
reasonable advance notice of the performance by City, or any contractor
employed by City to construct said Public Road, of any work upon, along,
over or across the right-of-way and tracks of Santa Fe which might render
unsafe the operation of trains on the tracks of Santa Fe.
11. That the contract or contracts to be let by City for the
construction of the work to be undertaken by it hereunder shall provide:
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rer's and Contractor's Liability
A. Standard Manufacturer's y
Insurance. The Contractor shall furnish evidence to Santa Fe
that, with respect to the operations he performs, he carries
regular Contractor's Liability Insurance providing for a
limit of not less than Five Hundred Thousand Dollars ($500,000.00)
for all damages arising out of bodily injuries to/or death of
one person, and subject to that limit for each person, a total
limit of One Million Dollars ($1,000,000.00) for all damages
arising out of bodily injuries to/or death of two or more persons
in any one accident, and Property Damage Liability Insurance
providing for a limit of not less than Five Hundred Thousand
Dollars ($500,000.00) for all damages arising out of injury
to/or destruction of property in any one accident and subject to
that limit per accident a total (or aggregate)- limit of One
Million Dollars ($1,000,000.00) for all damages arising out of
injury to/or destruction of property during the policy period.
If any part of the work is sublet similar insurance shall
be provided by or in behalf of the subcontractors to cover their
operations.
B. Contractor's Protective Liability Insurance. The
Contractor shall furnish evidence to Santa Fe that, with respect
to the operations performed for him by subcontractors, he carries
in his own behalf regular Contractors' Protective 'Liability
Insurance providing for a limit of not less than Five Hundred
Thousand Dollars ($500,000.00) for all damages arising out of
bodily injuries to/or death of one person, and subject to that
limit for each person, a total limit of One Million Dollars
($1,000,000.00) for all damages arising out of bodily injuries
to/or death of two or more persons in any one accident, and Pro-
tective Property Damage Liability Insurance providing for a limit
of not less than Five Hundred Thousand Dollars ($500000.00) for
all damages arising out of injury to/or destruction of property
in any one accident and subject to that limit per accident, a
total (or aggregate) limit of One Million Dollars ($1,000,000.00)
for all damages arising out of injury to/c_ destruction of property
during the policy period.
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C. Railroads` Protective Liability and Property
Damage and Physical Damage to Property Insurance. In
addition to the above, the Contractor shall furnish
evidence to Santa Fe that, with respect to the operations
he or any of his subcontractors perform, he has provided
for and in behalf of the Railroad Company the Standard
Railroad Protective Liability Policy, with coverage as
outlined in General Casualty Bulletin No. 258, dated July 9,
1958, issued by the State Board of Insurance of Texas, pro-
viding for Bodily Injury Liability a limit of not less than
Five Hundred Thousand Dollars ($500,000.00) for each person
and One Million Dollars ($1,000,000.00) for each occurrence
and for Property Damage a limit of not less than Five Hundred
Thousand Dollars ($500,000.00) for each. occurrence and One
Million Dollars ($1,000,000.00) aggregate during the policy
period.
12. City will promptly pay to Santa Fe upon presentation of bill
therefor two-thirds (2/3) of the cost to install automatic grade crossing
protection devices at the grade crossing location. All billing and reim-
bursement shall be made in accordance with the terms of U. S. Bureau of
Public Roads Policy and Procedure Memorandum No. 30-3, dated October 15,
1966, as amended and supplemented, and the work to be performed by Santa Fe
shall be performed in accordance with the above mentioned Policy and Pro-
cedure Memorandum No. 30-3, which said memorandum is hereby incorporated
in and made a part of this agreement by reference.
13. That all of the covenants hereof shall inure to ;:he benefit
of the successors and assigns' of Santa Fe, to the same extent as to Santa Fe.
ARTICLE III
The parties mutually agree that this 'license shall be effective
from its date, and thereafter so long as said public road shall be located
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on the licensed premises and be maintained in accordance with the pro-
visions of Section 5 of Article II hereof.
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IN TESTIMONY WHEREOF, the parties have executed this agreeement,
in duvlicate, on the day and year first above written.
THE ATCHISON, J'OPHKA AND THE CITY OF
SANTA FE RAI W COMPANY FORT WORTH, TEz�AS
By:
/It \/�C, pi�L�l[� � Its City Manager
ATTIFST,: a ATTEST:
Assistant SecreK141 retary
for Railway Co pan
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STATE OF ILLINOIS X j
COUNTY OF COOK
BEFORE me, T. J. FEENEY , a Notary Public
in and for said County and State, on this day personally appeared
JOHN C... DOIS , VICE President of The Atchison,
Topeka and Santa Fe Railway Company, known to me to be the person
whose name is subscribed to the foregoing instrument, and acknowledged
to me that he executed the same for the purposes and consideration and
in the capacity therein expressed, and as the act and deed of said
Railway Company.
Given under my hand and seal of office this 'day of
19 r�
Notary Puts i.c within a for
the County of Cook,
State of Illinois
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THE STATE OF TEXAS X
COUNTY OF TARRANT X j
BEFORE ME, .� � , a Notary Public in
and for said State and County, on this day personally appeared
i et-, City Manager of the CITY OF
FORT WORTH, TEXAS, known to me to be the- person-whose name is
subscribed to the foregoing instrument, and acknowledged to me
that he executed the same for the purposes and consideration and
in the capacity therein expressed, and as the act and deed of said
City of Fort Worth, Texas.
GIVEN under my hand and seal of office this the
day of 1911__.
c
Notary Public within and for
the County of Tarrant,
State of Texas.
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EXHIBIT "A"
TO CONTRACT BETWEEN
THE ATMINSui l H EKA A,,'15 SAIl��i`i AI VAY C NIiIMINY
NORTHERN DIVISION DUBLIN DISTRICT
AND
CITY OF "ART . WORTHsT-EXAS
COVERING A PUBLIC ROAD CROSSING
AT
FORT WORTH ,TARRANT COUNTY,TEXAS
SCALE: 1"—100' D.E.O. FORT WORTH, TEXAS No.6124
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DATED:JA N UA RY 20., 1971 Identified By
Division. Engineer.
60 60'
,4 PART OF THE PROPERTY OF
IHEAT;�S.FPYAT FOPTWORTH, S�a. 39024 119 �48 ft crossing
TARRANT COUNTY, TEXAS.. M. P. 4- + 29 2 O
®P,y oPERTY LiNa --�
I '--R,Y. COMM. LANE
�—� MAIr•! s° TRACK i THE ATE �5.ff RY. CO.
8 7 6 5 a 3 e '
TO 5ROWNWoOD 48` TO t=oRTWoRTH
90°00` 'SPY. PROPERTY LINE
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G RAN 3U RY POAD
J. B. MsDermott Survey
Abstract- No. 1063
V 65
DE 5CDIP T I ON 3
A SITE CONTaiNlNCi IZ,0 (D0SQ. FT ,
MORE OP. LESS, TO :°...,E U5 =D FOR P.IQHT OF WAY FOR PAR 7
A PU BLIC ROAD ( H U LEN 5TRE.ET) CR O S S }h1 C A.S QWD 13-174
SrtoGVN HEREOrw IN RED COL C) P . OCD46734
City - of Fort Worth, Texas. �_�V O V
Mayor and Council. Communication
DATE REFERENCE SUBJECT: Proposed Agreement - Constructiol PAGE
NUMBER of Hulen Street Across the 'Atchison, 2
4/12/71 C-1958 Topeka and Santa Fe Railway Company lot
Property and Installation of Automatic
Crossing Device
On April 13, 1970 (M&C C-1711) , the City Council approved an agreement with
the Santa Fe Land Improvement Company relative to the construction of Hulen
Street from IH-820 to Granbury Road. Under the terms of this agreement,
Santa Fe Land Improvement Company dedicated the necessary'right-of-way across
its property; agreed to pay up to $60,000 for construction of storm drain j
facilities on its property; and agreed to pay one-third of the cost of install-
ing the automatic grade crossing controls near Granbury Road.
A related agreement has now been negotiated with the Atchison, Topeka, and
Santa Fe Railway Company. This agreement provides for Hulen Street to cross
the railroad property near Granbury Road and provides for the installation of
an automatic warning signal at the intersection of the railroad with Granbury '
Road. The agreement contains the following provisions.
The Railway Company agrees to:
1) Make adjustments to the railway communication lines at the
crossing.
2) Install and maintain a 48-foot full depth timber crossing on
its main track.
3) Install and pay one-third of the cost to install the automatic
grade crossing protection system at the Hulen Street crossing.
4) Maintain the timber crossing, grade crossing protection system
and whistle post signs.
The City of Fort Worth agrees to:
1) Use the licensed premise exclusively as a site for a public
road.
2) Pay the entire cost of constructing and maintaining the public
road (Hulen Street) .
3) Reimburse the Atchison, Topeka and Santa Fe Railway Company for
two-thirds of the total cost of the automatic grade crossing ,
protection system.
Project Cost and Financing
The total estimated cost for furnishing and installing the automatic grade
crossing protection system is $15,000. One-third of this cost. will be paid
by the Atchison, Topeka and Santa Fe Railway Company and the remaining
DATE RbFERENCE SUBJECT. Proposed Agreement - Construction PAGE
NUMBER of Hulen Street Across the Atchison, 2 of 2
4/12/71 C-1958 Topeka and Santa Fe Railway Company
Property and Installation of Automatic
Crossing Device
two-thirds will be paid in equal amounts by the Santa Fe Land Improvement
Company and the City of Fort Worth. The following bond fund transfer
is necessary to finance the City's cost of $5,000:
Amount From To
$2,754-41 104-36000-901 104-36000-246
Miscellaneous Streets "Hulen Street
Unspecified New Additions"
The remainder of the City's cost ($2,245.59) will be paid from Account
No. 104-23000-106.
Recommendations
It is recommended that:
1) The bond fund transfer as described above be approved in the
amount ,of $2,754.41 from Project Account No. 104-36000-901,
Miscellaneous Streets, to Project Account No. 104-36000-246,
Hulen Street, to provide financing of the City's estimated
cost of the above described signal installation;
2) Authority be granted to reimburse the Atchison, Topeka and
Santa Fe Railway Company in the amount of two-thirds of the
total cost of the installation as described above,($10,000
Santa Fe Land Improvement Company will reimburse .Fort Worth
one-third of the total cost of the project or $5,000) ; and
3) The City Manager be authorized to execute the proposed agree-
ment with the Atchison, Topeka and Santa Fe Railway Company.
RNL:ms
SUBMITTED BY' DISPOSITION BY COUNCIL: PROCESSED BY
❑ APPROVED ❑ OTHER (DESCRIBE)
CITY SECRETARY
DATE
CITY MANAGER
CITY COUNCIL MEETING
APRIL 12, 1971
On the 12th day of April, A. D. 1971, the City Council of the City of
Fort Worth, Texas, met in regular session, with the following members present,
to-wit:
Mayor R. M. Stovall; Councilmen Jess M. Johnston, Jr. , Taylor Gandy,
John J. O'Neill, Ted C. Peters, Leonard E. Briscoe, Pat Reece, W. S. Kemble, Jr.,
and Councilwoman Margret McDonald Rimmer; Acting City Manager Rodger Line; City
Attorney S. G. Johndroe, Jr. ; City Secretary Roy A. Bateman, with more than a
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quorum present, at which time the following business, among other things, was
transacted:
There was presented Mayor and Council Communication No. C-1958
from the Acting City Manager as follows:
On April 13, 1970 (M&C C-1711), the City Council approved
an agreement with the Santa Fe Land Improvement Company
relative to the construction of Fulen Street from
IH-820 to Granbury Road. Under the terms of this
agreement, Santa Fe Land Improvement Company dedicated
the necessary right-of-way across its property; agreed
to pay up to $60,000 for construction of storm drain
facilities on its property; and agreed to pay one-third
of the cost of installing the automatic grade crossing
controls near Granbury Road.
A related agreement has nov been negotiated with the
Atchison, Topeka, and Santa Fe Railway Company. This
agreement provides for Hulen Street to cross the rail-
road property near Granbury Road and provides for the
installation of an automatic warning signal at the
intersection of the railroad with Granbury Road. The
agreement contains the following provisions.
The Railway Company agrees to:
1) Make adjustments to the railway communi-
cation lines at the crossing.
2) Install and maintain a 48-foot full depth
timber crossing on its main track.
Excerpt
City Council Meeting
April 12, 1971
Page 2
3) Install and pay one-third of the cost to
install the automatic grade crossing
protections system at the Hulen Street
crossing.
4) Haintain the timber crossing, grade cross-
ing protection system and whistle post
signs.
The City of Fort Worth agrees to:
1) Use the licensed premise exclusively
as a site for a public road.
2) Fay the entire cost of constructing
and maintaining the public road (Helen
Street).
3) Reimburse the Atchison, Topeka and Santa
Fe Railway Company for two-thirds of the
total cost of the automatic grade cross-
ing protection system.
Project Cost and Finaancin�:
The total estimated cost for furnishing and installing
the automatic grade crossing protection system is $15,000.
One-third of this cost will be paid by the Atchison,
Topeka and Santa. Fe Railway Company and the remaining
two-thirds will be paid in equal amounts by the Santa Fe
Land Improvement Company and the City of Fort Worth.
The following bond fund transfer is necessary to finance
the City's cost of $5,0000
Alfi bunt From To
52,754.41 104-36000-901 104-36000-246
Miscellaneous Streets "Helen Street New
Unspecified Additions"
The reminder of the City's cost ($2,245.59) will be paid
from Account No. 104-23000-106.
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Excerpt
City Council Meeting
April 12, 1971
Page 3
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Recommendations
It is recommended that:
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1) The bond fund transfer as described above be
approved in the amount of $2,754.41 from
Project Account No. 104-36000-901, Miscel-
laneous Streets, to Project Account No.
104.36000-246, Hulen Street, to provide
financing of the City's estimated cost of
the above described signal installation;
2) Authority be granted to reimburse the
Atchison, Topeka and Santa Fe Railway
Company in the amount of two-thirds of
the total cost of the installation as
described above, ($10,000 -- Santa Fe
Land Improvement Company will reimburse
Fort Worth one-third of the total cost of
the project or $5,000) ; and
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3) The City Manager be authorized to execute
the proposed agreement with the Atchison,
Topeka and Santa Fe Railway Company.
Councilman Candy made a motion, seconded by Councilman
Kemble, that the recommendations, as contained in Mayor
and Council Communication No. C-1958 be adopted, and
when the motion was put to a vote by the Mayor, it
prevailed unanimously.
THE STATE OF TEXAS
COUNTY OF TARRANT
I, Roy A. Bateman, City Secretary of the City of Fort Worth, Texas, do
hereby certify that the above and foregoing is a true and correct copy of an excerpt
from the minutes of a regular meeting of the City Council of the City of Fort Worth,
Texas, held on the 12th day of April, A. D. 1971, as same appears of record in City
Council Minute Book B-2, Pages 270 and 271.
WITNESS MY HAND and the official seal of the City of Fort Worth, Texas,
this the 19th day of April, A. D. 1971. /
C y S retary of the
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C Fort Worth, Texas