HomeMy WebLinkAboutContract 15753 CITY Tarrant County J
SECRETS Control 8648-2-6
OONTRACT I Project MB 648(3)
Vickery Boulevard (MH 31)
In Fort Worth
DOT No. 797 616B
STATE OF TEXAS §
COUNTY OF TRAVIS §
THIS AGREEMENT, made on the dates hereinafter shown, by and between
the State of Texas, acting by and through the Bridge Engineer of the
State Department of Highways and Public Transportation, hereinafter
called the STATE, Party of the First Part, and the Missouri Pacific
Railroad Company, a corporation, hereinafter called the RAILROAD, Party
of the Second Part, acting by and through their official contracting
executives , and the City of Fort Worth, Texas, hereinafter called the
CITY, Party of the Third Part, acting by and through its duly authorized
contracting officers.
W I T N E S S E T H
WHEREAS, the STATE and CITY propose to construct a grade crossing
which intersects Vickery Boulevard and the railroad at Railroad Milepost
6+00 (Highway Station 185+36. 23), in Fort Worth, Tarrant County, Texas,
and the STATE and CITY desire that the RAILROAD perform the work at the
crossing as outlined in this agreement and as indicated on the EXHIBIT A
attached hereto and made a part hereof, and
WHEREAS, the spur track is owned by the U. S. Government and the
City of Fort Worth has obtained an easement from the Government for the
additional right-of-way required for the widening of Vickery Boulevard.
A copy of the Consent to Easement is attached hereto and made a part
hereof and marked EXHIBIT "E".
WHEREAS, it is understood that references to the STATE hereinafter
apply to obligations and considerations during project construction, and
that references to the CITY hereinafter apply to continuing obligations
and considerations after completion of the project.
A G R E E M E N T
NOW, THEREFORE, in consideration of the premises and of the mutual
covenants and agreements of the parties hereto to be by them respec-
tively kept and performed, as hereinafter set forth, it is agreed as
follows:
1. SCOPE OF WORK.
a. The RAILROAD agrees to perform the work as outlined in the
attached EXHIBIT A. This work will generally consist of removing t
g OFriCIA1 RECORD
CITY SECK i kRY
1 D-5RR FT. WORTH, TEX.
existing planking and installing one new 112 f-oot rubber pad crossing as thick
as the rail and tie plates. It shall be the Railroad 's responsibility to order
and assemble a high quality grade of materials and all related items of materials
as shown on Exhibit A. The new rubber pad crossing, when installed, shall provide
a smooth and even crossing surface flush with the- top of rails. When assembled
materials are on hand, prior to installation, the Railroad shall notify the State
inspector, shown in the work order, so that materials may be inspected and approved
by the State for installation. Any materials rejected by the State shall be
removed from the site immediately by the Railroad and suitable materials shall
again be promptly assembled by the Railroad and inspected by the State for
conformance. Any handling and material costs incurred by the Railroad for rejected
materials shall be the sole expense of the Railroad. All rail joints within the
limits of the crossing area shall be welded at State 's expense.
b. The Railroad shall submit a cost estimate detailed in accordance
with Exhibit A, upon request by the State.
2. CONSTRUCTION AND MAINTENANCE.
a. The Railroad shall commence the work to be done within thirty (30)
days after having been issued a "Work Order" by the State and shall proceed with-
out delay to completion. Payment will not be made for work done by the Railroad
which is performed at the project site prior to the "Work Order" date. Materials
used on the project should be assembled sufficiently in advance to assure prompt
delivery but reimbursement for any materials or handling charges will be con-
tingent upon the issuance of the "Work Order. "
b. The Railroad shall remove the existing crossing material including
cross ties within the crossing limits. The Railroad shall then furnish and install
new cross ties in lengths applicable to the Railroad's .standards , and install the
new rubber pad crossing between the ends of the ties for a width as shown on said
Exhibit A. Said rubber pad crossing shall be installed in accordance with the
manufacturer's plans and specifications.
c. It is understood that the State will pay if needed, for replacement
of second-hand rails.
d. The Railroad agrees that upon completion of the crossing improvement,
it will assume future responsibility for maintaining a smooth crossing to the
satisfaction of the City.
3. PAYMENT. Upon completion of the work, the Railroad shall bill the State,
which will pay to the Railroad the cost of labor, materialsand expenses incurred.
Reimbursement to the Railroad will be made for work performed and materials
furnished, including but not limited to, insurance premiums and coverage at the
rate and amount set forth in the approved cost estimate attached , in accordance
with the provisions of Federal-Aid Highway Program Manual , Volume 1 , Chapter 4,
Section 3, issued by the Federal Highway Administration on April 25, 1975 , and
amendments thereto except as modified by the provisions herein.
2 D-5RR
4. CONDITIONS.
a. The State reserves the right to cancel this agreement for any
reason and at any time prior to the issuance of a "Work Order" by the State to
the Railroad to proceed with any part of the work outlined herein. The State
will not be responsible for any expense incident to any cost incurred in the
event of the cancellation of this contract.
b. The Railroad shall retain adequate cost accounting records for
auditing purposes for a period of three years after payment of the final bill .
c. It will be necessary the Railroad contact the District Engineer,
State Department of Highways and Public Transportation, a minimum of seven days
prior to actual commencement of work in.order that State forces may provide
inspection during the installation of the rubber crossing.
5. It is agreed that all existing agreements between the Railroad and
the City concerning licenses, permits, leases or easements at this location
shall remain in full force and effect.
6. All provisions concerning the State which are stipulated herein shall
automatically cease and terminate upon official completion of the project and
payment of the final bill .
7. Compliance with Title VI of the Civil Rights Act of 1964.
During the performance of this contract, the railroad (referred to as the
"contractor" in the following paragraphs numbered 1 through 6) , for itself,
its assignees and successors in interest, agrees to comply with the following
six paragraphs except in those instances where work undertaken under this
agreement is performed by its own forces .
(1) Compliance with Regulations : The contractor will comply with the
Regulations of the Department of Commerce relative to nondiscrimination in
federally-assisted programs of the Department of Commerce (Title 15, Code of
Federal Regulations , Part 8, hereinafter referred to as the Regulations) , which
are herein incorporated by reference and made a part of this contract.
(2) Nondiscrimination: The contractor, with regard to the work performed by
it after awar an prior to completion of the contract work, will not discriminate
on the ground of race, color, or national origin in the selection and retention
of subcontractors , including procurements of materials and leases of equipment.
The contractor will not participate either directly or indirectly in the
discrimination prohibited by Section 8.4 of the Regulations , including employment
practices when the contract covers a program set forth in Appendix A-II of the
Regulations.
3 D-5RR
6-18-85
(3) Solicitations for Subcontracts , Including Procurements of Materials
and Equipment: In all solicitations either by competitive bidding or
negotiation made by the contractor for work to be performed under a sub-
contract, including procurements of materials or equipment, each potential
subcontractor or supplier shall be notified by the contractor of the con-
tractor' s obligations under this contract and the Regulations relative
to nondiscrimination on the ground of race, color, or national origin.
(4) Information and Reports: The contractor will provide all informa-
tion and reports required by the Regulations , or orders and instructions
issued pursuant thereto, and will permit access to its books, records,
accounts , other sources of information, and its facilities as may be
determined by the State or the Federal Highway Administration to be
pertinent to ascertain compliance with such Regulations, orders and in-
structions . Where any information required of a contractor is in the
exclusive possession of another who fails or refuses to furnish this
information, the contractor shall so certify to the State , or the
Federal Highway Administration as appropriate, and shall set forth what
efforts it has made to obtain the information.
(5) Sanctions for Noncompliance: in the event of the contractor' s
noncompliance with the nondiscrimination provisions of this contract,
the State shall impose such contract sanctions as it or the Federal
Highway Administration may determine to be appropriate, including, but
not limited to,
(a) withholding of payments to the contractor under the contract
until the contractor complies, and/or
(b) cancellation, termination or suspension of the contract, in
whole or in part.
(6) Incorporation of Provisions : The contractor will include the
provisions of paragraphs (1) through (6) in every subcontract, including
procurements of materials and leases of equipment, unless exempt by the
Regulations, order, or instructions issued pursuant thereto. The con-
tractor will take such action with respect to any subcontract, or procure-
ment as the State or the Federal Highway Administration may direct as a
means of enforcing such provisions including sanctions for noncompliance:
Provided, however, that, in the event a contractor becomes involved in,
or is threatened with, litigation with a subcontractor or supplier as a
result of such direction, the contractor may request the State to enter
into such litigation to protect the interests of the State, and, in addi-
tion, the contractor may request the United States to enter into such
litigation to protect the interest of the United States .
D-5RR
Rev. 3-25-77
4
IN- TEST'IMONY WHEREOF , the parties "hereto have caused these
presents to be executed in triplicate on the dates indicated.
MISSOURI PACIFIC RAILROAD - THE STATE OF TEXAS
COMPANY
Certified as being executed for
the purpose and effect of acti-
vating and/or carrying out the
(Title) ate Sent 4 /9K5 orders established
Prerident. !T` policies , or
Opernt+^" work programs heretofore approved
and authorized by the State High-
ATTEST: way and Public Transportation
(Seal) Commission:
B
Asst. S cr tary fo Company Br4gE ngin eer D e c; -
Under authority of State Highway
and Public Transportation Com-
mission Minute Order No. 82513.
(Title) RECOMMENDED FOR APPROVAL:
(Title) 4il_ict engineer
APPROVED AS TO FORM:
Sup wising Office Engineer
Attorney for Company
CITY OF FORT WORTH
Contract Authorization
By Date
(Till Date
ATTEST:
(Seal)
(Ti e)
5 D-5RR
Rev. 1-25-85
DEPARZw—ENT OF THE AIR FORCE
CONSENT TO EAMMEENT
Cin OF FORT WORT-H, TEXAS
AIR FORCE P1ANT N0. 4
DACA63-2-83-0547
WHEREAS, the Government acquired a perpetual right-of-way easement,
by virtue of Civil Action 289, in the District Court of the United States
for the Northern District of Texas filed on 27 May 1941,
WHEREAS, said easement grants the Government the right to construct,
maintain, and operate a railroad spur tract to Air Force Plant No. 4.
The area is tmder the administrative control of the Fort Worth District,
Corps of Engineers,
WHEMAS, the City of Fort Worth,--Texas, has requested authority to
upgrade Vickery Boulevard with a new rubber crossing and improve drainage
facilities across the spur track;
NCx; THEREFORE, consent of the Government, effective only insofar as
the property rights of the United States in the land exist, is hereby
given for the improve: crossing and drainage facilities to be placed at
the location shwa in red on Exhibit "A" attached hereto;
PROVIDED HOUTVER, that this consent is subject to the rights of the.
United States to utilize, operate, maintain and control the spur track.
1. The Goverment shill not be liable for any -d—ges or injuries to
persons or property which arise from or be incident to the construction
and use of said crossing.
2. That the grantee shall supervise and maintain the road crossing
and cause it to be inspected at reasonable intervals, sad shall immediately
,repair any damage found therein as a result of such inspection.
EXHIBIT E
3. Ttist the exercise of the privileges hereby consented to shall be
without cost or expense to the Government.
4. That any property of the Goverrmwmt damaged or destroyed by the
grantee incident to the exercise of the privileges herein granted shall
be promptly repaired or replaced by the grantee.
5. That the terms and conditions of this consent shall extend to and be
binding upon the heirs, successors, and assigns of the grantee.
This Consent to Easement is not subject to Title 10 USC 2662.
IN WITNE'SS WHEREOF, I have hereunto set my hand by direction of the
Secretary of the Air Force this . day '
Y of � . -���1- 1983.
HI CIQ r= B. CO TTHE1.L
Chie!, Real Estate Division
The above and foregoing Consent Agreement, subject to the pro/visions
and conditions thereof, is hereby accepted this (- day of
1983.
CITY OF FORT WORTH, TEXAS
BY: Elf.
Title
Vi toes 6:
2
EXH I BIB" E
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FORM 30-1 (First & Last Sheet ) Sheet 1 of 1 Sheets
WORK ORDER AUTHORITY-DETAIL • OF ESTIMATED EXPENDITURES
Railroad : Missouri Pacific Railroad Company Project I . D. No.
------------
Department : Engineering Division : Rio Grande W.O. No. ------------
Location : MP 252.92 Ft . Worth , Texas State : Texas
Description of Work : Install rubber crossing at Val . Sec . No. 1-67
Vickery Boulevard
I I I I I I I I Total. Chargeable To
Job I Ac t 1 I I I Un i t I I I ----------------------------
N, o. INo. 1 Description TuantylUtl Cost IL-abor ► MatrlllnvmntlOprtgl DR I AR
--- I --- I ----------------•- I ------ 1 -- 1 --•----•- 1 ---- - 1 ----- 1 ----- - 1 - ---- 1 ---- 1 ------
I ISCOPE OF WORK I I I I I I I I I
I ( Work by Missouri Pacific at State of Texas expense : I I I
I I Remove existing crossing - 1 I I I I I I
I I Relay 06 ' w0 1 5t relay rail replacing 85T rail . I I I
I I Weld rail joints. I I I I I I I I
I I Replace cross ties and ballast . I I I I I I
I I Furnish and install 112 ' rubber crossing . I I I I
I I I I I I I I I I I
I I ACCRUED ACCOUNTS RECEIVABLE 1 I I ! I I I
1709IRemove crossing I 481TF1 5.801 2781 I I I I
1 1115x rail h otm I 156ITFI 4.851 I 7571 I I I
1 1115;/85T comp jtsl 41Eali63.271 1 6531 I I
1 11n5tall track 1 1561TF1 4.301 6711 1 I I I
I ( Field welds I 61Eal 70. 001 1 4201 I I I
1 1 1 1 1 70.001 4201 1 1 I I
1 ( Cross ties I 97 ► Eal 18.901 1 18331 I I I
I I I 1 1 6.801 6601 1 I I I
1 IYallast 1 1561CYI 2.821 1 4401 I I I
1 1 1 1 1 7.801 Q171 1 I I I
I ( Rubber crossing 1 1121TF1250, 001 1280001 I I I
1 1 1 1 1 40.001 44801 1 I I I
1 I Eng i neer i ng I ILSI 1 2001 1 I I I
I I
I ( Additives I ILSI 1 64821 48421 I I I
1 1 Equ i pment rental l I l_S I 1 66471 1 I I I
I I I I I I •----- I ----- I I I I
I I 1 ACCOUNT.> 1 1210551369451 I I I 58000
I I IREGOLLECTIBLE I I I I I I
I I I I I I I I I I I
! I I I I 1 I I I I I
I I I I I I I I I I I
I I I I I I I I I I I
I I I I I I I I I I I
I I I I I I I I I I I
I I I I I I I I I I I
I I I I I I I I I I I
I I I I I I I I I I I
I I I I I I I I I I I
I I I I I I I I I I I
-- 1 --- 1 ----------------- 1 ------- 1 -- 1 ------ 1 ----- 1 - ---- 1 ----- - 1 ----- 1 ---- 1 ------
I I TOTAL_ I I 1 1210551369451 I I I 58000
stimated by : R. W. Hope TOTAL ESTIMATED EXPENDITURE $ 58000
ate : August 21 , 1985 Approved -- Approved _-- _- -_-
i
utty of Fort Worth, 'I exas
Mayor and Council Communication
DATE REFERENCE SUBJERAILROAD GRADE CROSSING IMPROVEMENT PAGE
NUMBER - W. VICKERY BOULEVARD AND THE MISS RI 1
1-7-86 **C-9417 PACIFIC SPUR TRACK (CARSWELL A.F.B. SPUM'
RECOMMENDATION
It is recommended that the City Council authorize the City Manager to sign the
attached joint agreement with the Texas Department of Highways and Public
Transportation for the construction of a rubber covered steel grade crossing
on W. Vickery Boulevard (MH31) at the Missouri Pacific Railroad crossing.
DISCUSSION
The City of Fort Worth passed an ordinance (City Code Sec. 31-8) many years ago
that requires all railroad companies operating within the City to maintain
grade crossings in a good, safe and sufficient condition. However, the
railroads primarily ignore this ordinance, and most repair work is made at the
convenience of the railroad.
Recently new and improved railroad grade crossing materials have been developed
some of which are referred to as rubber covered steel crossing material . Grade
crossings constructed from this material are much more durable and tend to be
more compatible with the roadway surface on either side of the crossing. The
railroad companies recognize these materials improvements but have refused to
initiate the use of the material or absorb the additional cost when upgrading
old crossings or constructing new crossings.
However, they are beginning to approve projects using rubber covered steel
crossing material if the City or State will pay the additional cost.
The proposed improvement for the W. Vickery Boulevard grade crossing at the
Missouri Pacific Spur track (Carswell A.F.B. Spur) is part of the W. Vickery
Urban System project to widen and improve W. Vickery from Valhalla to the
Benbrook City Limit.
The Texas Department of Highways and Public Transportation has recommended that
this- crossing be upgraded using Urban System funds at no cost to the City of
Fort Worth. The Transportation and Public Works Department staff fully concurs
with these proposed improvements and urges the City Council to authorize the
prof ect.
FUNDING
No City of Fort Worth funds are required.
DAI:do
SUBMITTED FOR Inc
CITY MANAGER'S DISPOSITION BY COUNCIL: PROCESSED BY
OFFICE BY: L APPROVED
ORIGINATING
OTHER (DESCRIBE)
C
DEPARTMENT HEAD: Gary Santerre CITY SECRETARY
FOR ADDITIONAL INFORMATIO
CONTACT: It. Harrison 7803 DATE