HomeMy WebLinkAboutContract 16962 CITY
SECRETARY
CONTRACT c u-- C- 12�3
New- Public Road Crossing Qbntraot Llr$orJZ&t
at M.P. 1 . 30 Carter Industrial Lead
Track No. 36-60 - `\ 1
Fort Worth, Texas ftte
TH S AGREEMENT , made and entered into as of the day of
1/'I A_.-
19 , by and between MISSOURI PACIFIC
RAILROAD COMPANY , a Delaware corporation ( hereinafter the
"Railroad Company" ) , and the CITY OF FORT WORTH , a municipal
corporation of the State of Texas ( hereinafter the "Political
Body" ) , WITNESSETH :
RECITALS :
7
The Political Body desires to undertake 'as its
Project the construction of an at-grade crossing at
Will Rogers Boulevard , Engineer ' s Chainage Station
( ECS ) 68+58 , at or near Fort Worth , Tarrant County ,
Texas (herinafter the "Project" ) .
The Political Body desires the right to use that
portion of the right of way of the Railroad Company at
Mile Post- 1 . 30 Carter Lead , Engineer 's Chainage Station
( ECS ) 68-t--3 ( hereinafter the "Crossing Area " ) shown
outlined in heavy solid lines on the attached prints
dated August 10, 1988 , mark,Qd Exhibit-A, sheets 1 and
2, for the Project .
AGREEMENT :
NOW , THEREFORE , it is mutually agreed by and between
the parties hereto as follows :
Article I. RAILROAD COMPANY GRANTS RIGHT .
For and in consideration of the Political Body's agreement
to perform and abide by the terms of this Agreement , including
Exhibits A and B , attached hereto , the Railroad Company hereby
grants to the Political Body, the right to establish , construct ,
maintain , repair , renew and use a public highway at grade across
the Crossing Area , together with the right of entry to control
and remove from the Railroad Company's right of way, on each side
of the Crossing Area , weeds and vegetation which may obstruct the
view of motorists approaching the Crossing Area to trains
approaching the Crossing Area.
Article II . WORK TO BE DONE BY THE RAILROAD COMPANY.
( a ) The Railroad Company may make any and all changes ,
alterations or relocations , whether temporary or permanent ,
and may provide flagging and other protective services and
devices , which in the Railroad Company ' s judgment may be or
become necessary or expedient because of the Project . Such work
shall include , without limitation , ( 1 ) installation of two
40-foot concrete crossings, ( 2 ) installation of subgrade filter
fabric and perforated drain pipe, ( 3) relay and field weld rail ,
( 4) renewal of crossties and ballast , ( 5 ) installation of four
mast mounted flashing light signals, all as shown in Exhibit "A"
hereto and incorporated herein .
The Railroad Company shall , at its sole cost and expense
maintain , repair , and replace the warning devices installed
hereunder : PROVIDED , HOWEVER, that this provision shall not
negate the Railroad Company ' s eligibility for any further
federal , state or local or other public funds that may become
available for the maintenance of said devices .
( b) The Political Body agrees to pay the Railroad Company
the actual cost of the Railroad Company ' s work performed and
materials supplied as hereinabove set forth , not to exceed
$ 113 , 329 . 00 . Actual costs to the Railroad Company include
customary additives to materials and services provided by the
Railroad Company. Notwithstanding any other provision in this
Agreement or Exhibits hereto , it is understood and agreed that
the Political Body shall not be obligated to pay Railroad Company
any amount in excess of the aforesaid $ 113 , 329 . 00 for work or
services performed hereunder by Railroad Company, its agents ,
employees , contractors and/or subcontractors unless prior
approval of any excess amount is given by Political Body by
action of its City Council .
Article III . AMENDMENT OF EXHIBIT B AND B-1 .
1 . Section 1 (e) is deleted from Exhibit B, hereto attached .
2 . In the first line of Section 6 delete the words "elect,
or" from Exhibit B.
3 . In the fourth line of Section 8 (d) of Exhibit B, delete
the word "of" and insert the words "of Political Body' s work on" .
4 . In Exhibit B- 1 , 1st paragraph , delete the second and
third sentences entirely and substitute the following : "The fol-
lowing insurance shall be kept in force during the period of any
construction or maintenance by Political Body and/or its
Contractor/Subcontractor (other than the Railroad Company) on the
Project . In the alternative, Political Body may elect , after con-
struction of the Project , to self-insure against any of its lia-
bility related to or arising out of the Project in lieu of the
requirements of this Exhibit" .
-2-
i
i
Exhibit B-�1 , 2nd paragraph , delete " $2 , 000 , 000" and
substitute
"$ 1 , 000, 000 .
Article IV. EFFECTIVE DATE; TERM.
This Agreement shall become effective as of the date first
herein written , or the date work commences on the Project , which-
ever is earlier , and shall continue in full force and effect
until terminated as herein provided .
IN WITNESS WHEREOF , the parties have caused this Agreement
to be executed in duplicate as of the date first herein written .
WITNESS: MISSOURI PACIFIC RAILROAD COMPANY
a
Title: 0 CTOR•CONTRACTS & REAL ESTA E
ATTEST : CITY OF FORT WORTH , TEXAS
c
Title:
By
(Seal )
Its : Assi% (f
Pursuant to Resolution/Order (Mrc)
No. C-11.293 , dated Aloe. �S
199'F , hereto attached .
APPROVED AS TO FORM AND LEGALITY:
Asst. City Attorney
CCont Authorization
Date -
-3-
'HC'880501 '
=crm Aoproveb. ,MVP-law
EXHIBIT 8
Public Highway Crossing
Section I. CONDITIONS AND COVENANTS.
(a) The Railroad makes no covenant or warranty of title for quiet possession or against encumbrances.
The Political Body shall not use or permit use of the Crossing Area for any purposes other than those described iI
this Agreement. Without limiting the foregoing, the Political Body shall not use or permit use of the Crossing
Area for railroad purposes. or for gas, of I or gasoline pipe lines. Any lines constructed on the Railroad's
property by or under authority of the Political Body for the purpose of conveying electric power or communicationi
incidental to the Political Body's use of the property for highway purposes shall be constructed in accordance
with specifications and requirements of the Railroad, and in such manner as not adversely to affect communication
or signal lines of the Railroad or its licensees now or hereafter located upon said property. No nonparty shall
be admitted by the Political Body to use or occupy any part of the Railroad's property without the Railroad's
written consent. Nothing herein shall obligate the Railroad to give such consent.
(b) The Railroad reserves the right to cross the Crossing Area with such railroad tracks as may be
required for its convenience or purposes in such manner as not unreasonably to interfere with its use as a public
highway. In the event the Railroad shall place tracks upon the Crossing Area, the Political Body shall, at its
sole cost and expense, modify the highway to conform with the rail line.
(c) The right hereby granted is subject to any existing encumbrances and rights (whether public or
private), recorded or not, and also to any renewals thereof. The Po litical Body shall not damage, destroy or
interfere with the property or rights of nonparties in, upon or relating to the railroad property, unless the
Political Body at its ow-,a Avrwnse settles with and obtains releases frpm such nonparties.
(d) The Railroad reserves the right to use and to grant to others the right to use the Crossing Area
for any purpose not inconsistent with the right hereby granted, including, but not by way of limitation, the righ'
to construct, reconstruct, maintain, operate, repair, alter renew and replace tracks, facilities and
appurtenances on the property; also the right to cross the Zrossing Area with all kinds of equipment. The
Railroad further reserves the rigght to attach si nal, conniunication or power lines to any highway facilities
located upon the property, provided that such a4achments shall comply with Political Body's specifications and
will not interfere with the use of the Crossing Area.
RB�FFea�=4
(f) If any property or rights other than the right hereby granted are necessary for the construction,
nuintenance and use of the highway and its appurtenances, or for the performance of any work in connection with
the Project, the Po litical Body will acquire all such other property and rights at its own expense and without
expense to the Railroad.
Section 2. CONSTRUCTION OF HIGHWAY.
(a) The Political Body, at its own expense, will apply for and obtain all public authority required by
law, ordinance, rule or regulation for the Project, and will furnish the Railroad upon request with satisfactory
evidence that such authority has been obtained.
(b) Except as may be otherwise specifically provided herein, the Political Body, at its own expense,
will furnisn all necessary labor, material and equipment, and shall construct and complete the highway and all
appurtenances thereof. The appurtenances shall include, without limitation, all necessary and proper highway
warning devices (except those installed by the Railroad within its right-of-way), and all necessary and proper
drainage facilities, guard rails or barriers, and right of way fences between-the highway and the-railroad
tracks. Upon completion of the Project, the Political Body shall remove from the Railroad's property all
temporary structures and false work, and will leave the Crossing Area in a condition satisfactory to the Railroad
(c) The Railroad will receive no ascertainable benefit from the construction of the Project, and,
except as may be specifically provided herein, shall not be required to pay or contribute any part of the cost
thereof. If the Project is to be financed in whole or in part by Federal funds, all construction work by the
Political Body shall be performed, and any reimbursement to the Railroad for work it perform shall be made, in
accordance with the applicable Federal acts, regulations, and this Agreement.
(d) All construction work of the Political Body upon the Railroad's property (including, but not
limited to, construction of the highway.and all appurtenances and all related and incidental work) shall be
performed and completed in a manner satisfactory to the Chief Engineer of the Railroad•or his authorized
Wahl IT e
i =14C, 980301 .
=orm Aooroved. AVP-law
representative and in accordance with detailed plans and specifications prepared by and at the expense of the
Political Body, and approved in writing by the Railroad's Chief Engineer.
(e) All construction work of the Political Body shall be performed diligently and completed within a
reasonable time, and in any event within three (3) years from the effective date of this Agreement, or within suct
;urtner period of time as may be specified in writing by the Railroad's General Manager. No part of the Project
Shall be suspended, discontinued or unduly delayed without the Railroad's written consent, and subject to such
reasonable conditions as the Railroad fray specify. It is understood that the Railroad's tracks at and in the
vicinity of the work will be in constant or frequent use during progress of the work and that movement or stoppage
of trains, engines or cars may cause delays in the work of the Political Body. The Political Body hereby assumes
the risk of any such delays and agrees that no claim; for damage on account of any delay shall be made against the
Railroad.
(f) If the Project includes construction of a structure over which trains are to be operated, or for
which the Railroad has any responsibility for maintenance, the Political Body shall furnish the Railroad permanent
reproducible prints of all design and shop drawings as soon as possible after approval by the Chief Engineer of
the Railroad or his authorized representative. Upon completion of construction, the Political Body shall furnish
the Railroad two sets of "as constructed" prints and, in addition, upon request of the Chief Engineer of the
Railroad, "as constructed' permanent reproducible prints of all or any portion of the structure.
Section 3. INJURY AND DAMAGE TO PROPERTY.
If the Political Body, in the performance of any work contemplated by this Agreement or by the failure
to do or perform anything for which the Political Body is responsible under the provisions of this Agreement,
shall injure, damage or destroy any property of the Railroad or of any other person lawfully occupying or using
the property of the Railroad, such property shall be replaced or repaired by the Political body at the Political
Body's own expense, or by the Railroad at the expense of the Political Body, and to the satisfaction of the
Railroad's Chief Engineer.
Section 4. PAYMENT FOR WORK BY THE RAILROAD COMPANY.
(a) Bills for work and materials shall be paid by the Political Body promptly upon receipt thereof.
The Railroad will submit to the Political Body current bills for flagging and other protective services and
devices during progress of the Project. The Railroad will submit final billing for flagging and other protective
services within one hundred and twenty (120) days after completion of the Project, provided the Po litical Body
advises the Railroad of the commencement of the 120-day period by giving the Railroad written notification of
completion of the Project.
(b) The Railroad may contract for the performance of any of its work by other than railroad forces.
The Railroad shall notify the Political Body of the contract price within ninety (90) days after it is awarded.
Unless the Railroad's work is to be performed on a fixed price basis, the Po litical Body shall reimburse the
Railroad for the amount of the contract.
Section 5. MAINTENANCE.
(a) If the Project involves a grade crossing:
(1) The Political Body shall, at its own sole expense, maintain, repair, and renew, or cause to be
maintained, repaired and renewed, the entire Crossing Area, except the portions between the track tie ends, which
shall be maintained by and at the expense of the Railroad.
(2) If, in the future, the Political Body elects to have the•surfacing material betwom-the track
tie ends, or between tracks if there fs more than one railroad track across the Cross in Area, replaced with
paving or some surfacing material other than timber planking, the Railroad, at the Political Body's expense, shall
instal such replacement surfacing, and in the future, to the extent repair or replacement of the surfacing is
necessitated by repair or rehabilitation of the Railroad's tracks through the Crossing Area, the Political Body
shall bear the expense of such repairs or replacement.
(b) If the Project involves a public highway crossing under the Railroad's tracks:
(1) The Political Body shall, at its own sole expense, maintain, repair, and renswv- or cause to be
maintained, repaired and renewed, the entire substructure of the highway-railroad grade separation structure.
(2) The Railroad shall, at its own sole expense, maintain and repair, or cause to be maintained
and repaired, the entire superstructure of the highway-railroad grade separation structure.
(c) If the Project involves a public highway crossing over the Railroad's tracks, the Political Body
shall , at its own sole expense, maintain, repair, and renew, or cause to be maintained, repaired, and renewed, the
entire highway-railroad grade separation structure.
CWIDI r o
=!!C•9.80 501
.orm Aoorovea. AVP-haw
Section o. CHANGES IN GRADE.
'f at any time the Railroad shall e+ee+—,-or be required by caroetent authority to, raise or lower the
grape or ail or any portion of the track or Tracks located on the Crossing Area, the Political Body shall, at its
own expense. conform The public highway in the Crossing Area to conform with the change of grade of the trackage.
Section 1. REARRANGEMENT OF WARNING DEVICES.
If the change or rearrangement of any warning device installed hereunder is necessitated for public or
Railroad convenience or on account of improvements for either railroad, highway or both, the parties will
apportion The expense incidental thereto between themselves by negotiation, agreement or by the order of a
competent authority before the change or rearrangement is undertaken.
Section 8. SAFETY MEASURES; PROTECTION OF RAILROAD COMPANY OPERATIONS.
It is understood and recognized that safety and continuity of the Railroad's operations and
communications are of the utmost importance; and in order that the same may be adequately safeguarded, protected
and assured, and in order that accidents mar be prevented and avoided, it is agreed with respect to all of said
work of the Political Body that the work will be performed in a safe manner and in conformity with the following
standards:
(a) Definitions. All references in this Agreement to the Political Body shall include the Political
Body's contractors, su ontractors, officers, agents and employees, and others acting under its or their
authority; and all references in this Agreement to work of the Political Body shall include work both within and
outside of railroad property.
(b) Comolianb:e With Laws. The Political Body shall comps with all applicable federal, state and local
laws, regulations and enactments a fecting the work. The Political Body shall use only such methods as are
consistent with safety, !;:kite, W concerns the Political Body, the Political Body's agents and employees, the
officers, agents, employees and property of the Railroad and the public in general. The Political Body (without
limiting the generality of the foregoing) shall comply with all applicable state and federal occupational safety
and health acts and regulations. Al I Federal Railroad Alaninistration regulations shall be followed when work is
performed on the Railroad's premises. If any failure by the Political Body to comply with any such iaws,
regulations, and enactments, shall result in any fine, penalty, cost or charge being assessed, imposed or charged
against the Railroad, the Political Body shall reimburse and indemnify the Railroad for any such fine, penalty,
cost, or charge, including without limitation attorney's fees, court costs and expenses. The Political Body
further agrees in the event of any such action, upon notice thereof being provided by the Railroad, to defend such
action free of cost, charge, or expense to the Railroad.
(c) No Interference or Delays. The Political Body shall not do, suffer or permit anything which will
or may obstruct, endanger, in er tere w th, hinder or delay maintenance or operation of the Railroad's tracks or
facilities, or any commnication or signal lines, installations or any appurtenances thereof, or the operations of
others lawfully occupying or using the Railroad's property or facilities.
aF T'ol;+�cr.f �a�'�'r <alosk qw
(d) Supervision. The Po litical Body, at its own expense, shall adequately police and 'supery i so all
work to be Der formed—br Te Political Body, and shall not inflict injury to persons or damage to property for the
safety of whom or of which the Railroad may be responsible, or to property o%the Railroad. The responsibility of
the Political Body for safe conduct and adequate policing and supervision�F the Project shall not be lessened or
otherwise affected by the Railroad's approval of plans and specifications, or by the Railroad's collaboration in
performance of any work, or by the presence at the work site of the Railroad's representatives, or by compliance
by the Political Body with any requests or recommendations made by such representatives. If a representative of
the Railroad is assigned to the Project, the Political Body will give due consideration to suggestions and
recommendations made by such representative for the safety and protection of the Railroad's property and
operations.
(e) Suspension of Work. If at any time the Political Body's engineers or the Chief Engineer of the
Railroad or their respect ive representatives shall be of the opinion that any work of the Po litical Body is being
or is about to be done or prosecuted without due regard and precaution for safety and security, the Political Body
shall immediately suspend the work until suitable, adequate and proper protective measures are adopted and
provided.
(f) Removal of Debris. The Political Body shall not cause, suffer or permit material or debris to be
deposited or cast upon, or o s ide or fall upon any property or facilities of the Railroad; and any such material
and debris shall be pramptly removed from the Railroad's property by the Political Body at the Political Body's
own expense or by the Railroad at the expense of the Po litical Body. The Po litical Body shall not cause, suffer
or permit any snow to be plowed or cast upon the Railroad's property during snow removal from the Crossing Area.
(g) Explosives. The Political Body shall not discharge any explosives on or in the vicinity of the
property without
Railroad's the prior consent of the Railroad's Chief Engineer, which shall not be given if, in
the sole discretion of the Railroad's Chief Engineer, such discharge would be dangerous,or would interfere with
the Railroad's property or facilities. For the purposes hereof, the "vicinity of the Railroad's property shall
'uC 880301.
=orm Aoorovea. AVP-Law
oe deemeo to be any place on the Railroad's property or in such close proximity to the Railroad's property that
'he discharge of explosives could cause injury to the Railroad's empl0yees or other persons, or cause damage to c
nterference with the facilities or operations on the Railroad's property, The Railroad reserves the right to
;moose sucn conaitions, restrictions or limitations on the transportation, handling, storage security ana use of
explosives as the Railroad, in the Railroad's sole discretion, may deem to be necessarys desirable or
appropriate. In addition to any conditions, restrictions or limitations as may be specifically imposed:
(1) Unless the Railroad's Chief Engineer agrees otherwise, the Political Body shall provide no
less than 48 hours notice, excluding weekends and holidays, before discharging any explosives.
(2) Any explosives loaded in holes or placed or otherwise readied for discharge on a day shall be
discharged on the same day during daylight hours, and at mutually acceptable times.
(3) The Political Body, at its own expense, shall take all precautionary measures and construct
all temporary shelters necessary to guard against danger of damage, destruction or interference arising out of or
connected with any blasting or any transportation, handling, storage, security or use of explosives.
(4) The Political Body shall require explosives to be transported, handled, stored or otherwise
secured and used in a manner satisfactory to the Railroad and in accordance with local, state and Federal laws,
rules and regulations, including, without limitation, United States Department of Labor, Bureau of Labor
Stanaaras, Safety and Health Regulations for Construction, 29 CFR Part 1518, Subpart U—"Blasting and the Use of
Explosives"; and Occupational Safety and Health Administration Occupational Safety and Health Standards, 29 CFR
Part 1910, Subpart H—"Hazardous Materials".
(h) Obstructions to View. Except as otherwise specifically provided herein, the Political Body shall
not cause or permit the view along the tracks of the Railroad to be obstructed, nor place any combustible materia
on the premises, nor erect any structures thereon. If public law or regulation requires control or removal of
weeds or vegetation on each side of the Crossing Areas the Po litical Body will perform such control or removal
work without expense to the Railroad or, if the Political Body may not lawfully perform the control or removal
work, reimburse the Railroad for the cost of performing such control or removal. If the crossing is not equipped
with automatic train activated warning devices with gate arms:
(1) The Political Body shall control or repave weeds-and vegetation within and on each side of thi
Crossing Area so that the view of approaching motorists to approaching trains is not obstructed by weeds or
vegetation; and
(2) Insofar as it may lawfully may do so, the Political Body will not permit non-parties to
construct sight obstructing buildings or other permanent structures on property adjacent to the right-of-way.
(i) Excavation. The Political Body shall not excavate from existing slopes nor construct new slopes
which are excessive ana may create hazards of slides or falling rock, or impair or endanger the clearance between
existing or new slopes and the tracks of the Railroad. The Political Body shall not do or cause to be done any
work which will or may disturb the stability of any area or adversely affect the Railroad's tracks or facilities.
The Po litical Body, at its own expense, shall install and maintain adequate shoring and cribbing for all
excavation and/or trenching performed by the Political Body in connection with construction, maintenance or other
work. The snoring and cribbing shall be constructed and maintained with materials and in a manner approved by the
Railroad's Chief Engineer to withstand all stresses likely to be encountered, including any stresses resulting
from vibrations caused by the Railroad's operations in the vicinity.
(j) Drainage. The Political Body, at the Political Body's own expense, shall provide and maintain
suitable facili ies for draining the highway and its appurtenances, and shall not suffer or permit drainage water
therefrom to flow or collect upon property of the Railroad. The Political Body, at the Political Body's own
expense, shall provide adequate passageway for the waters of any steams, bodies of water and drainage facilities
(either natural or artificial, and including water from the Railroad's culvert and drainage facilities), so that
said waters Trey not, because of any facilities or work of the Political Body, be impeded, obstructed, diverted or
caused to back up, overflow or damage the property of the Railroad or any part thereof, or property of others.
The Political Body shall not obstruct or interfere with existing ditches or drainage facilities.
(k) Notice. Before commencing any work, the Political Body shall provide 48 hours prior notice
(excluding weeKenos and holidays) to the Railroad's Chief Engineer.
(1) Fiber Optic Cables. Fiber optic cable systA-m may be buried on the Railroad's property.
Protection of t e fiber optic cable system is of extreme importance since any break could disrupt service to
users result in business interruption and loss of revenue and profits. Political Body shall telephone the
Railroaa at 1-800-536-9193 (a 24-hour number) to determine if fiber optic cable is buried anywhere on the
Railroad's premises to be used by the Political Body. If it is, Political Body will telephone the
telecommunications comoanv(ies) involved, arrange for a cable locator, and make arrangements for relocation or
other protection of the fiber optic cable prior to beginning any work on the Railroad's premises.
�xauri�r s
=HC 880301.
=orm Aoorovea. AVP-taw
Section 9. INTERIM WARNING DEVICES.
If at anytime it is determined-by-a ccnmtent authority, by the Political Body, or by agreement
between the parties, that new or improved train activated warning devices snouId be installed at the Crossing
Area. the Political Body shall install adequate temporary warning devices or signs and impose appropriate
vehicular control measures to protect the motoring public until the new or improved devices have been installed.
Section 10. OTHER RAILROADS.
All protective and indemnifying provisions of this Agreement shall inure to the benefit of the Railroad
and any other railroad company lawfully using the Railroad's property or facilities.
Section 11. REMEDIES FOR BREACH OR NONUSE.
(a) If the Political Body shall fail, refuse or neglect to perform and abide by the terms of this
Agreement, the Railroad, in addition to any other rights and remedies, may perform any work which in the judgment
of the Railroad is necessary to place the highway and appurtenances in such condition as will not menace, endange
or interfere with the Railroad's facilities or operations or jeopardize the Railroad's employees; and the
Political Body will reimburse the Railroad for the expenses thereof.
(b) Nonuse by the Political Body of the Crossing Area for public roadway purposes continuing at any
time for a period of eighteen (18) months shaiI, at the option of the Railroad, work a termination of this
Agreement and of all rights of the Po litical Body hereunder.
(c) The Po iiticaI Body will surrender peaceable possession of the Crossing Area upon termination of
this Agreement. Termination of this Agreement shall not affect any rights, obligations or liabilities of the
parties, accrued or otherwise, which may have arisen prior to termination.
Section 12. MOOIFICATION - ENTIRE AGREEMENT.
No waiver, modification or amendment of this agreement shall be of any force or effect unless made in
writing, signed by the Political Body and the Railroad and specifying with particularity the nature and extent of
such waiver, modification or amendment. Any waiver by the Railroad of any default by the Po litical Body shall no
affect or impair any right arising from any subsequent default. This Agreement and Exhibits attached hereto and
made a part hereof constitute the entire understanding betweert-the Political Body and the Railroad and cancel and
supersede any prior negotiations, understandings or agreements, whether written or oral, with respect to the work
or any part thereof.
Section 15. ASSIGNMENT; SUCCESSORS AND ASSIGNS.
This Agreement shall not be assigned without the written consent of the Railroad. Subject hereto, this
Agreement shall be binding upon and inure to the benefit of the parties hereto and their successors and assigns.
HC%PHE !NS-880501
EXHIBIT B-I
Public Road
Insurance Requirements
Political Body and/or its Contractor/Subcontractor shall, at its own and/or its
Contractor's/Subcontractor's sole cost and expense, procure the following kinds of insurance and
promptly pay when due all premiums for that insurance.
General Public Liability insurance providing bodily injury, including death, personal injury
and property damage coverage with a combined sin le limit of at least $2,000,000 each occurrence or
claim and a general aggregate limit of at least 4,0001000. This insurance shall provide Broad
Form Contractual Liability covering the indemnity provisions contained in this Agreement,
Underground Hazard, Broad Form Property Damage, a waiver of governmental immunity (ISO Form GL 24
14 or equivalent), severability.of interests and name Railroad as an additional insured with
respect to all liabilities arising out of Political Body's obligation to Railroad in the
Agreement. If coverage is purchased on a "claims made" basis it shall provide for at least a three
(j) year extended reporting or discovery period, which shall be invoked should insurance covering
the time period of this Agreement be cancelled.
Automobile Public liability insurance providing bodily injury and property damage with a
combined single limit of at least $2,000,000 each occurrence or claim. This insurance shall
provide contractual ' '-K+ Iity by endorsement ISO Form CA 00 25 or equivalent covering all motor
vehicles including hired utid non-owned= mobile equipment to the extent it may be excluded from
general liability insurance, severability of interests and name Railroad as an additional insured
with respect to all liabilities arising out of Political Body's obligation to Railroad in the
Agreement.
Worker's Compensation insurance covering the statutory liability as determined by the
compensation laws of the state(s) affected by this Agreement and Employers' Liability with a limit
of at least $1,000,000. Also compliance with all laws of states which require participation in
their state workers' compensation fund.
Railroad Protective Liability insurance naming Railroad as insured with a combined single
limit of $2,000,000 per occurrence with a $6,000,000 aggregate. The policy form shall be
AAR-AASHTO with broad form coverage for "Physical Damage to Property" (ISO Form GL 00 30) or as
revised ISO-RIMA (Form CG 00 35) and include pollution arising out of fuels and lubricants brought
to the job site (ISO Form CG 31 or equivalent). If the Lloyd's London policy form is used, limits
shall be $3,0001000 per occurrence with a $9,000,000 aggregate and the Extended Claims Made Date
shall be determined by adding the length of the original policy period plus one year to the policy
expiration date.
The Political Body and/or its Contractor/Subcontractor hereby waives its right of subrogation,
as respects the above insurance policy(ies), against Railroad for payments Mmm to or on behalf of
employees of Political Body or its agents and for loss of its owned or leased property or property under
its care, custody and contro l while on or near Railroad's right-of-way or other real property.
Political Body's and/or it Contractor's/Subcontractor's insurance shall be primary with respect to any
insurance carried by Railroad.
Political Body and/or its Contractor/Subcontractor shall furnish to Railroad certificate(s) of
insurance evidencing the required coverage and endorsements) and upon request a certified duplicate
on inal of any of those policies. The insurance compeny(ies) issuing such poticy(ies) shall notify
Railroad in writing of any material alteration including any change in the retroactive date in any
"claims-made" policies or substantial reduction of aggregate limas, if such limits apply, or
cancellation thereof at least thirty (30) days prior thereto.
The insurance policy(ies) shall be written by a reputable insurance company or companies
acceptable to D.wiilrwd- or with a current Best's Insurance Guide Rating of 8 and Class VII or better.
Such insurance company shall be authorized to transact business in the state(s) affected by this
Agreement.
Fxhibit 8-I
*ty of Fdrt Wort 'Oxas
_ _, R
I - __ -_"-I F FRF NCF suF3,FCT MISSOURI PACIFIC RAILROAD
NUME3FR PAGE
11-15-88 **C-11293 CROSSING AGREEMENT/WILL ROGERS
BOULEVARD -
RECOMMENDATION :
It is recommended that the City Council authorize the City Manager to execute
an agreement with the Missouri Pacific Railroad Company in an amount not to
exceed $113, 329 .00 for Lhe installation of a warning system and rubberized
railroad crossing on Will Rogers Boulevard between Alta Mesa Boulevard and
Joel East Road.
BACKGROUND:
On May 2, 1988 (M&C C-10910) , the City Council authorized the City Manager to
execute a Community Facilities Agreement with the Developer, Centre Consoli -
dated Properties , Ltd . , to provide community facilities for Alcon Addition,
Block 2, Lot D. Funds to construct the extension of Will Rogers Boulevard
from its current deadend northward to its intersection with Alta Mesa
Roulevard and the proposed railroad crossing are included , at full
developer ' s cost , in this community facilities agreement . The Missouri
Pacific Railroad Company has an existing right-of-way crossing Will Rogers
Boulevard . In order to construct the extension of Will Rogers Boulevard, it
is necessary to construct a warning system and rubberized railroad crossing .
Missouri Pacific has agreed to install the railroad crossing at a total cost
of $113,329.00.
FINANCING :
Sufficient Hands are available for, construction of the crossing and signal
improvements in New Development Fund 90, Project No . 136069-00, Alcon
Addition, Lot D, Block 2. Expenditures will be made from Index Code 621458.
DAI :mmc#3
APPROVED BY
CITY COUNCIL
N10 11 15 1998
City Secietary of thn
- _.____-_---City of Fort Worth, Te7.Or►
SURMiF11 I� F��It Ir�c --- -- -- - — �—---
1 I r F.A NAi,I R S DISPOSITION fly COUNCIL r H()CFSSF D P,
FFiF I FF. David Ivory nrraovFD
" I' NAllfit' OFHFR (DFSCRIFIF 1
fF F'APTMF NI .IFAD Gary Santerre
clFV sF(.RFrnRv
F )R AFIDITIONAF_ INFORMAF!O —
("'NFA('F B. �reen 7800
DATE
Z
S
t A
ii f1N IVi A�
e Y
• f k' _ 9O•,"
IV
e
A 7.
1 r
v 0 D
r ! A
-4 NAA
\ t W
b
S zO Z
! A
O JP
u f
I
I
i
i
i
O
a
7 .4
a O 0 H oar G+�rE 2d. M
Z M OH C rr (n
O £ r•rr - E C
b to �W tD 0 w H H
a 0 r O o rt ;
C4 xc a cn
n c n
a m o b rt a a n 7m r
4 H rD X "n
Z n o o k< (D PI tt
t
N M
rt
rt a
H O 00 �
" n ft 4�
O G O,r1 m a H M = 4
O �y
n < H E 1D rt C 0 N s /'J
G a a 0 0
U1 F-+ r1 N " rt H.rt
rt m a m rt a C
rt
3
�.
rat o, a r+�
o \�►3
m _d d
WILL RoCoERS ilLV D
M.P. 1.30
ECS. v8+58
I
INCTE: ALL u2�.DInIG, laz•.,N.���,,�Ro..o
"PROAC-M Wp(Zt� ►�ERFORt�.tr�
f GN' UTH6Rs
90' co uC. u.a
d
MEDIAw DIVIDED RdWAV
INS-rata_ Z Ea. 4-0'COW(L. CRCSSIAlQfS
rJ
M[duw
C TYP.) p-
f•F F-F �
Z
>4
� � N
i ENd N A
[� TO E✓ERMAN LF.AO
� CCAR•Itlt IA/G. [ D p
N
RO.W. IL.APC /
�t
v -
h
A I R
EA/TRAAIC6 To MiLL&,t INsTALL— 4E.t. F'LSSwI/J6e LJeHT Sl6N 5
90EW,A/b CO.
I 5Ex Ia 1 e I OJA"
UNIOM PACIFIC RAILROAD COMPANY
FT WORTH SERIncE "ir M.,P 1.30
CARTER IND. Uko ECS 4.a+SS
(Yau. 310-Lo)
— PROPOSED WILL RObERS BLVD .
TAW Ar-ROSS TAE CARTER IND. LEACD
//1/fM I....d
FT. WORTH I TEXAS
Emo o F Clorc.�Typ,� VAL.
. SECT. T-l0 5/ A
ox am.. I�
"`•""�`"""' �'.,w..s... OFFICE OF DISTRICT ENGINEER.SPRING.TEXAS
Tv"CAL SECTION NOTEBOOK
SCALE I
P f�t2(�W: owa.
BY K fZ DATE 8-f0.88 owG.No.
r �-_; it'd
UNION PACIFIC RAILROAD COMPANY
CONTRACTS&REAL ESTATE DEPARTMENT
B.W.ZANDBERGEN ROOM 1214
GENERAL DIRECTOR 1416 DODGE STREET
R.F.NIEHAUS OMAHA,NEBRASKA 68179
DIRECTOR
W.F.SOMERVELL
DIRECTOR March 14, 1989
Crossing: Public
Texas - Fort Worth
Will Rogers Ave
f
David L. Yett
Office of City Attorney x p., g ► Z,
1000 Throckmorton
Fort Worth, Tx 76102
Dear Mr. Yett:
Attached is your original copy of the agreement, fully executed on behalf
of the Railroad Company.
The Railroad Company has authorized the installation of fiber optic cable
facilities on its property in certain areas. Prior to using the Railroad
Company's property covered herein, you should thoroughly review the terms and
conditions of this document and contact the Railroad Company at 1-800-336-9193
to determine if a fiber optic cable is buried on the subject property.
All Insurance Certificates, if required by the agreement, should be
forwarded to:
Mr. R.W. Redick, Manager - Insurance
Union Pacific Railroad Company
1416 Dodge Street
Omaha, Nebraska 68179
In accordance with the terms of this agreement, 48 hours in advance of
entering the right of way you should arrange to notify our Superintendent:
L. A. Roach
P. 0. Box 9857
Fort Worth, Tx 76107
1-817-878-4540
Sincerely yours,
R. A. HOLMES
Contract-Representative
City of )Fort Worth,, Texas
Mayor and Council co�jjy�1111-jicatjon
U:.fl REFERENCE
NUMBER sUB,ECT: MISSOURI PACIFIC RAILROAD PAGE
11-15-88 **C-11293 CROSSING AGREEMENT/WILL ROGERS
- - --- _BOULEVARD 0(--1--
RECOMMENDATION :
It is recommended that the City Council authorize the City Manager to execute
an agreement with the Missouri Pacific Railroad Company in an amount riot to
exceed $113,329 .00 for the installation of a warning system and rubberized
railroad crossing on Will Rogers Boulevard between Alta Mesa Boulevard and
Joel East Road.
BACKGROUND:
On May 2, 1988 (M&C C-10910) , the City Council authorized the City Manager to
execute a Community Facilities Agreement with the Developer, Centre Consoli-
dated Properties , Ltd . , to provide community facilities for Alcon Addition,
Block 2, Lot D. Funds to construct the extension of Will Rogers Boulevard
from its current deadend northward to its intersection with Alta Mesa
Roulevard and the proposed railroad crossing are included , at full
developer ' s cost , in this community facilities agreement . The Missouri
Pacific Railroad Company has an existing right-of-way crossing Will Rogers
Boulevard . In order to construct the extension of Will Rogers Boulevard, it
is necessary to construct a warning system and rubberized railroad crossing .
Missouri Pacific has agreed to install the railroad crossing at a total cost
of $113,329.00.
FINANCING:
Sufficient funds are available for construction of the crossing and signal
improvements in New Development Fund 90, Project No . 136069-00, Al con
Addition, Lot D, Block 2. Expenditures will be made from Index Code 621458.
DAI :mmc#3
APPROVED BY
CITY COUNCIL
NOV 15 1968
4�4�
City Secretary of the
City of Fort Worth, Texas
C TFMI7TEn
- --- —
.' r MANAi,f k S DISPOSITION BY COUNCIL
.I F it I �iY David Ivory APPROVED
PROCESSED Rv
'IRIi,.NAiIN(. -
----- -— _
OTHER (DESCRIBE)
nFraarM[N r HEAD Gary Santerre
-- - CITY SECRETARY
FiR APP)T�ONAL INFORMAf.'U�reen 7800 —_— _ _-
"ON[ACT B
DATE