HomeMy WebLinkAboutContract 14232 G z(;RLTARY
CONTRAC1
CITY SECRETARY
CONTRACT SECRETARY'S NU49FER GONTMCT, ttx_IV:5�2
Don
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
and
CITY OF FORT WORTH, TEXAS
000
AGREEMENT: Covering land at Fort Worth, Tarrant
County, Texas, for right Of Way Purposes
for a public road cesignated as Granbury
Cut-Off, at Railway Dublin District
Mile Post 5 + 0164.9 feet.
DATED:
ievfliall
AGREEMENT Made as of the .> ?d4e y of
19 b een THE
ATCHISM, A "NTA FE RAILWAY
COMPANY, a Delaware corporation (herein-
after called "Santa Fe"), as First Party,
and the CITY OF FORT WORTH, TEXAS, a
municipal corporation of Tarrant County,
Texas, acting herein by and through Its
City Manager, hereunto duly authorized
(hereinafter called "City"), as Second
Party,
wITNESSETH:
RECITALS:
City desires to use a certain portion of Santa Fe's property at
Fort worth, Tarrant County, Texas, upon which to construct, maintain and
use a public road, designated as Granbury Cut-Off which Is agreeable to
Santa Fe upon the terms and conditions hereinafter stated.
AGREEMENT
VTYMr I
1. Santa Fe:, for and In consideration of the sum of Two Hundred
Fifty and No/100 Dollars ($250.00) 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 licensees City to use a
portion of Santa Fe's property situated at Fort North, Tarrant County,
Texas, for the purpose of constructing, maintaining and using a public
road, license to use which is hereby given, being shown shaded on print
Chief Engineer drawing No. 1-02321, dated July 27, 1984, hereto attached,
marked Exhibit "A", and made a part hereof.
2. Santa Fes agrees that it will, at City's expense", make
adjustment to railroad signal and communication overhead lines at the
crossing location.
3. Santa Fe agrees that it will, at City's expense, install
highway-railroad traffic control devices at the public road grade crossing
of Santa Fels track.
4. Santa Fe agrees that it will, at City's expense, install
crossing surface on its Track, provided that in the event of discontinuance
of use by Santa Fe, all obligations assumed by it hereunder shall cease and
be at an end.
5. Santa Fe agrees that it will, at its own expense, maintain
the crossing surface within the limits of the ties, and the grade crossing
vehicle traffic control devices; however, Santa Fe shall be entitled to
receive any contribution toward the co-st of such maintenance as may be now
or hereafter made available by r®ason c:f any law, ordinance, regulation,
order, grant or by ether means or sources.
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.
- 2 -
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.
5. That it will, at no expense to Santa Fe, and subject to the
SUPe-zViSiOn and control of Santa Fe's AGM-Ennineering, locate, construct
and maintain the public read 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 or future tracks, roadbed and property of Santa Fe, or the safe
operation of its railroad. City shall construct the public road, and any
drainage facilities required because thereof, in such a manner as not to
permit damage to Santa Fe's property or adjoining Property. In the event
of a breach of this covenant at any time, City will, within ten (10) days
after receipt of a written notice from Santa Fe thereof, do whatever may be
necessary to fulfill its obligations under this section and,, failing so to
do within said time, Santa Fe may do so at City's expense, bill for which
City will promptly pay.
o. That it will do no work on Santa Fe's property vilthout first
contacting Santa Fe's Superintendent at Fort Worth, Texas, and securing his
approval to proceed with the work.
7. That nn legal right of Santa Fe to maintain, use and relocate
the railroad track or tracks or other railroad facilities now located upon
the licensed prerises, or tc construct and thereafter maintain, use and
relocate any additional track or tracks or other railroad facilities as it
mav desire upon or across said licensed :remises shall he in anywise
affected by the giving of this license.
- I -
S. That if, at any time durim the term hereof, Santa Fe shall
desire to rake any use of the licensed property with which the public road
and drainage facilities will in any way interfere, including the relocation
of existing or the construction of new tracks, pole lines, wires, conduits,
etc., in which it shall have an interest, City shall at no expense to
Santa Fe, make such changes in the public road and drainage facilities as
in the ,judgment of the Santa Fe may be necessary to avoid interference with
the proposed use of its property.
9. That it will bear and pay the entire cost of constructing and
maintaining the public road, including} any drainage facilities required
because thereof, upon the licensed premises except that portion to he
maintained by Santa Fe as covered under Section 5 of Article 1. That it
will also bear and pay the cost of the work as covered under Sections 2, 3,
and 4 of Article I.
10. That if it shall become necessary in the future
reconstruction and/car maintenance of said public road and drainage
facilities to make any changes or alterations in Santa Fe's right of way
fences, signal, power and/or communication pole and wire lines, and/car
other facilities located upon the licensed premises, such changes or
alterations, if agreeable to Santa Fe, will be made by Santa Fe at City's
expense, bill for the cost of which City will promptly pay.
- 4 -
11. To make any and all arrargements that may he necessary to
secure the location or relocation of wire lines, pipe lines and other
facilities owned by private persons, companies, corporations, political
subdivisions or public utilities other than Santa Fe which it may be found
necessary to locate or relocate In any manner whatsoever due to the
construction of said public road.
12. To appoint and keep competent inspectors, engineers or other
authorized parties on the work to be done by City during the progress of
such work, and to give Santa Fe 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.
13. That the contract or contracts to he let by City for the
construction of the work to be undertaken by It hereunder shall provide:
A. Standard Manufacturer's and Contractor's
Liability rnsurance. The Contractor shall fur ish
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 One Million Dollars ($1,000,0'M.00)
for all damages arising out of bodily Injuries to/or
death of one or more persons in any one occurrence,
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 occurrence
and subject to that limit per occurrence, a total (or
apprecate) limit of nne Million Dollars
($1,000,000.00) for all damage-, 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.
- r -
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 Contractor's Protective Liability Insurance
providing for a limit of not less than One Million
Dollars ($1,000,000.00) for all damages arising out of
bodily injuries to/or death of one or more persons in
any one occurrence, and Protective Property [age
Liability Insurance providing for a limit of riot less
then Five Hundred Thousand Dollars ($500,000.00) for
all damages arising out of injury to/or destruction of
property In any one occurrence and subject to that
limit per occurrence, a total (or aggregate) limit of
One Million Dollars, ($1,000,OW.00) for all damages
arising out of injury to/or destruction of property
during the policy period.
C. General. The insurance, as specified in
Paragraphs nand 9 above;, shall be carried until all
work required to be performed under the terns of the
contract is satisfactorily completed as evidence by
the formal acceptance by Santa Fe.
1.4. That If it is determined necessary by Santa Fe during the
construction or maintenance of said public road to provide flagmen and
inspectors to Insure the safety of railroad operations, the cost of
providing such flagmen and inspectors will be borne by City.
15. That it will release and vacate the licensed premises
occupied by the public road, remove the public road from the licensed
premises and otherwise fully restore the oremises to the condition in which
they existed prior to the beginning of the work herein covered, immediately
after the need for such public road ceased to exist.
16. City shall and will, and does hereby agree, insofar as
permitted by laws to assume and discharge, and indemnify and save harmless,
the Santa Fe and they sUccessors and assigns thereof, from and against any
and all liability, loss, damage, cost, expense, claims, Judgments, or
- 6 -
attorneys' fees for or on account- of personal injuries to or death of
persons or damage to or loss or destruction of property, directly or
Indirectly caused by, due to, arising out of, or in connection with, the
maintenance operation, use, removal or existence of that portion of the
public road herein described, except in any instances of such events which
arise out of the sale negligence of Santa Fe, PROVIDED H NIE'V£R, that the
City shall not and does not waive any of Its defenses to such claims as a
Texas home-rule municipal corporation.
17. City agrees traffic control systems at the crossing or
crossing illLmination will be installed at no cost to the Santa Fe.
le. City will furnish, ,Install, and thereafter maintain pavement
markings, advance warning signs, and traffic control signs in accordance
with applicable portions of the Tuxes Department of Highways and Public
Transportation Manual on Uniform Traffic Control nevices and will provide
traffic control during construction or maintenance operations to
accommodate work by Santa Fe..
14. City will maintaln the top of the pavement of Granbury
Cut-Off Road to conform with the top of the rail elevation of Santa Fe's
track for a distance of ten (10) feet an either side of the centerline of
Santa Fe's track.
?.O. City will maintain a uniform pavement transition for the
Granbury Cut-Off road between ten (10) feet from centerline of Santa Fe's
track to the intersection with Granbury Romd in such a manner as to
preclude vehicles from damacing Santa Fe's track or the grade crossing
surface.
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21. That this license is made'suoject to all valid, existing and
future contracts, agreements, licenses and easements which may affect said
licensed property, covering roads, public and private; pole lines and
appurtenances; water lines, or other facilitiei.
22. That all of the covenants hereof shall inure to the benefit
of the successors and assigns of Santa Fe, to the same extent as to
Santa Fe.
23. City does not wairant nor represent hereunder that it will
levy any special tax nor assessments to pay any claims or judgments
referred to in Paragraph 16 of this Article 11 hereinabove, which may arise
as a direct result of the maintenance operation, use, removal of the pvjlic
road herein described.
ARTICLE III
x. Santa Fe, upon receipt of an a 4artce deW-sit in an amount
equal to the estimated cost set forth in Exhibit 080 will schedule and
perform the work as set forth herein within 360 calendar days.
2. City agrees to promptly pay Santa Fe upon completion of all
work by Santa Fe and the receipt of an itemizedJ s-'Cat!iaient from Santa Fe for
the total cost to Santa Fe for the work performed by Santa Fe in accordance
with Exhibit "B" less prior payment. If the total cost Is less than prior
payment, Santa Fe will refund the excess to City.
3. The parties mutually agree that this license: snail be
effective from the date of the execution i)ereof and shall remain in effect
so long as the public road oescriued herein reLw ins in use by City. Upon
any abandonment of such public road by City, City will surrender possession
of the licensed premises to Santa Fe.
_ a _
IN TESTIMONY WHEREOF, the parties have executed this agreement, in
duplicate, of the day and year first above written.
THE ATCHISON, TOPEKA AND SANTA FE
RAILWAY COMPANY
By:
Its:
E E C p E N T
CITY OF FORT WORTH, TEXAS
ey�
ATTEST:
Assistant Secretary for Rollway Comppnv
ATTES-T:
Serre'tary '17 ty
-PT-PROVEDAS TO FORM AND IWAI,Tyt
CITY COUNCIL MEETING
JANUARY 22, 1985
On the 22nd day of January, A. D. , 1985, the City Council of the
City of Fort Worth, Texas, met in regular session, with the following
members and officers present, to-wit:
Mayor Bob Bolen; Mayor Pro tempore Herman F. Stute; Council
Members Louis J. Zapata, Dwaine A. Johnson, Russell Lancaster, Bert C.
Williams, Kathy Wetherby, Richard C. Newkirk, and James A. Bagsby; Acting
City Manager Vernell Sturns; City Attorney Wade Adkins; City Secretary
Ruth Alexander; with more than a quorum present, at which time the
following business, among other things, was transacted:
There was presented Mayor and Council Communication
No. C-8828 from the Acting City Manager, as follows:
On December 13, 1983 (M&C C-8126), the
City Council approved Community Facilities
Contract No. 13495 with Hulen Street Venture
which included construction of Granbury Cut-
Off from Granbury Road to Hulen Bend Boulevard.
Granbury Cut-Off crosses the Atchison, Topeka
and Santa Fe Railway track just north of
Granbury Road. The construction of the rail-
road grade crossing and signalization is in-
cluded in the Community Facilities Agreement
as a 100% Developer cost.
The Atchison, Topeka and Santa Fe
Railroad will not enter into an agreement
with the Devloper for the construction and
signalization of the crossing. Consequently,
the Developer has requested that City enter
into the agreement with the Railroad.
The Railroad has prepared the attached
licensing agreement to be executed by the
City granting the City a license for the
subject railroad grade crossing and providing
for the construction and maintenance of a
rubber crossing and the installation of
cantilever flashing light signals/gates of
standard design. The estimated cost of the
crossing and signalization including
materials, labor, and equipment rental is
$149,910. The consideration for the
granting of the license also includes a
one time payment of $250.00 to the Railroad.
_ City Council Meeting
January 22, 1985
Page 2
Project Cost and Financing
The total cost for this agreement is
$250 for the initial license fee and an esti-
mated $149,910 for construction of the im-
provements. Upon approval of this agreement,
funds will be obtained from the Developer to
cover all costs.
Recommendation
It is recommended that:
1. The City Manager be authorized to
execute, on behalf of the City, a
license agreement with the Atchison,
Topeka and Santa Fe Railway Company
for the Granbury Cut-Off crossing,
and the construction and signali-
zation of same as outlined above.
It was the consensus of the City Council that the recommendation,
as contained in Mayor and Council Communication No. C-8828, be adopted.
THE STATE OF TEXAS
COUNTY OF TARRANT
I , RUTH ALEXANDER, 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 22nd
day of January A. D. 19 85 , as same appears of record in Minute
Book Z-2 , Page 315
WITNESS MY HAND and the Official Seal of the City of Fort
Worth, Texas , this the day of ��' y, A. D. 19 .
v
Ci ty Secretary of he
City of Fort Worth, Texas
PESCLUT1011-1
motion was made by Councilman
seconded by Councilrosr) that the City Manacer be
instrLlCte"; to sion, on r ellialf of the City of Fort Werth, Texas, license
,
agreement between The Atchison, Topeka and Tanta Fe Railway Company and
City of Fort ''worth, Texas, cover1no right of way across said Pailwpy
Company's property and instal,!at ion of vehicular traffic control devices
and crossinq surface for Grartury Cut-Off and that a cory cf said aareement
be recorded. in the Minutes.
Mction Carr tee.
o0c
THE STATE OF TEXAS
CC,UINTY CF TAP-RANT R
CITY rf FORT WORTH
I, City 174.-cretary, dc lher---hy czertify
that the above and foregoing is a full, true and correct copy of the
!,Jrutes of tl-!e ripetirr of the ('ity Ccurcil cf 39
insofar as the same pertain to the execution cf an soreernent. with The
Atchison, Topeka and Santa Fe Railway Company.
Given under my hand and seal of office this the day of
City Secretary
10
1034F/1m
EXHfIRIT ',9"
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
FORCE ACCOUNT ESTIMATE
FOP
CITY OF FORT WORTH, TEXAS
In connection with installation of hinhway-railroad traffic control system and rubber
grade crossing surface at Cranbury cut-off Fort Worth, Tarrant County, Texas, Northern
Division, Dublin District, M.P. 5 + 0132.9 ft. in connection with SA 6859-84.
--------------------------------------------------------------------------------------
MATERIAL:
Cantilever FLS/ontes LS 49,650
Cross Ties No. I - 91 52 EA 1,021
%- utet Welds 6 EA 300
FDT Crossing Mat'l. 6 EA 800
Rubber Crossing Surface 54 TF 13,500
Filter Subarade Fabric 700 SY 1,400
Whistle Posts 2 EA 35
Adjust Cow Line 1,000
H4;ndlino 3,393
Transportation 314
TOTAL MATERIAL 729062
LABOR:
Remove and Replace Track 1 ,584
Weld Track 1414
Surface Track 11080
Install Crossing Surface 30180
Adjust Comm. Line 576
Install Whistle Posts 120
Preliminary Signal (Engineering) 4,0e3
Construction Engineering
Crossing Surface 1v5M
Signal Labor 27,200
PRPC 51% 42.409 21$527
Insurance 13.5% 38,126 5,147
TOTAL LABOR 68,883
OT!FR
Equipment Rentals) 5,755
Subsistence(s) 1,654
Pillinq & Accountino .1,356
TOTAL ESTIMATED COST $1491910
The AT&V PFIlway rc.
AGN1,Ennineerinq - Amarillo, Texas
September 24, 1994 10"34E/ltd
5487,r SECY'S NO.
EXHIBIT "A"
ATTACHED TO GONTRACT BETWEEN
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
AND
CITY OF FORT WORTH
CHICAGO, ILLINOIS H.&WEBS _
SCALE: 1 IN. TO 100 FT. CHIEF ENGINEER
NORTHERN DIV. DESCRIPTION APPROVED
DU ELI N DIST. o.
DATE : JULY 2T, 1984
-.--To Birds
ti
o WEDGWOOD DRIVE
M
GRANBURY ROAD
R/W_Line
N
S Main Tr k. k N'.. •N•
'- R/W Line
E.S.39049+ 112 To Brownwood
M.P 5+01322
64
DESCRI PTION:
A parcel of land containing Z
6,400 sq.f� more or less, 1131
Shown shaded. C
{
C1
O .
T
AT FORT WORTH.-TARRANT
COUNTY, TEXAS
C.E. DRAWING NO. 1 - 02321
DIV. DWG. NO. DIV. FILE NO. O.M. FILE NO. 100080-47 C.E. FILE NO.414-008"003ZZ
GF.
City ®f Fort 'Worth, Texas
Mayor and Council Communication
DATE REFERENCE SUBJECT:Agreement for the Construction PAGE
NUMBER "
1/22/85 **C-8828 of the Atchison, Topeka and Santa Fe lof 1
Cut-Off at Granbury
On December 13, 1983 (M&C C-8126) , the City Council approved Community
Facilities Contract No. 13495 with Hulen Street Venture which included construc-
tion of Granbury Cut-Off from Granbury Road to Hulen Bend Boulevard. Granbury
Cut-Off crosses the Atchison, Topeka and Santa Fe Railway track just north of
Granbury Road. The construction of the railroad grade crossing and signalization
is included in the Community Facilities Agreement as a 100% Developer cost.
The Atchison, Topeka and Santa Fe Railroad will not enter into an agreement with
the Developer for the construction and signalization of the crossing. Con-
sequently, the Developer has requested that City enter into the agreement with
the Railroad.
The Railroad has prepared the attached licensing agreement to be executed by the
City granting the City a license for the subject railroad grade crossing and
providing for the construction and maintenance of a rubber crossing and the
installation of cantilever flashing light signals/gates of standard design. The
estimated cost of the crossing and signalization including materials, labor, and
equipment rental is $149,910. The consideration for the granting of the
license also includes a one time payment of $250.00 to the Railroad.
Project Cost and Financing
The total cost for this agreement is $250 for the initial license fee and an
estimated $149,910 for construction of the improvements. Upon approval of this
agreement, funds will be obtained from the Developer to cover all costs.
Recommendation
It is recommended that:
1. The City Manager be authorized to execute, on behalf of the City, a license
agreement with the Atchison, Topeka and Santa Fe Railway Company for the
Granbury Cut-Off crossing, and the construction and signalization of same
as outlined above.
DAI:dm
SUBMITTED FOR THE
CITY MANAGER 5 / DISPOSITInN Eiv COUNCIL PROCESSED BN
nFFICF BY / ) / APPROVED
ORIGINATING [] OTHER (DESCRIBE)
DEPARTMENT HEAD. Vary L. SanterrE'_
CITY SECRETA RN
FOR ADDITIONAL INFORMMY& een Kwolek Ext. 7914
CONTACT: DATE