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HomeMy WebLinkAboutContract 18498 ' CITY SECRETARY CONTRACT Div �Ea�arr FOR TfM INSTMZAMCN OF RAILROAD GRME CROSSING SURFACE The City of Fort Worth (City), a Texas home-rule municipal corporation, has requested the installation of rubber or concrete surfaces for the existing grade crossing in the 1900 Block of West Berry Street currently owned by the Burlington Northern Railroad, (Burlington Northern), but leased to the Fort Worth and Western Railroad Carpany, (Fort Worth and Western), both of which are agreeable to the request upon the teens and conditions as follows: 1. City shall provide, at its expense, full-depth 8 feet - 10 inches x 150 (approximately) feet rubber or concrete crossing surface material, including any necessary fasteners, frcm a manufacturer of City's choice. The crossing material shall be compatible with 136 lb. rail. 2. Fort Worth and Western will install, at its expense, the crossing surfaces with material provided by City, including necessary hardware required for approximately 150 track feet of track as shown on Exhibit "A" attached hereto and made a part of this agreement. The Railroad agrees to provide all other labor and other materials necessary to complete the project, except as otherwise herein provided. 3. Fort Worth and Western will, at its expense, provide for all traffic control signs and barricades necessary to control traffic during the removal of the existing crossing and the installation of the rubber or concrete crossing surface. 4. Fort Worth and Western will at its expense provide, or contract with a private contractor to provide, for cleanup and disposal of all debris involved with the removal of the old crossings and the installation of the new crossing material. 5. Fortth�ar�d Western agrees to install at its sole expense #1 relay 31 lb. rail, new 9 ft. ties, and additional ballast which will be tieumatic machine tamped. Fort Worth and Western agrees to match the top of rail with the elevation of the concrete street. 6. Fort Worth and Western will provide the normal maintenance required for the new crossing surface; however, Fort Worth and Western shall be entitled to receive any contribution toward the cost of such maintenance as may be now or hereafter made available by reason of any governmental law, ordinance, regulations, order, or grant. * <, In the event of abandonment of the crossing by Fort Worth and REEL Western, all obligations assumed by it hereunder shall cease r ri � except for the duty to replace the street section. CITY L 18. Fort Worth and Western, upon receipt of a certified copy of the FT• 5 fully executed agreement, will schedule and perform the work within 15 calendar days fran delivery of the crossing materials referenced in Section 1, above, to Fort Worth and Western. -1- rt 9. The City will provide asphaltic material for use by Fort Worth and Western between crossing and street. 10. In the event that the existing lease should be cancelled for any reason other than sale of the crossing to Fort Worth and Western by Burlington Northern, then Burlington Northern agrees to assume the obligations of Fort Worth and Western spelled out in this agreement. . The City and Railroad have executed this agreement in duplicate on the dates hereinafter shown. CI OF FORT WOR'Tfi By: Assistant k-i Manager Title: "1 1L P Date: C> / /Z/ Date: PlAi'veli BURLI UMN NORTHERN RAIIF<W Secre ATTEST: By:7&777 Sec Lary Title: SL�/JT MTZ'�- e CA16e- Date: ,4fzf City Attorney Date: Coin act Authorization Date L -2- City of Fort Worth Texas Mayor and CCU I ® mu of atio C / DATE REFERENCE SUBJECT: AGREEMENT FOR INSTALLATION OF PAGE NUMBER WEST BERRY STREET RAILROAD CROSSING 2 3-19-91 **C-12771 RAILROAD AND 1 of BURLINGTON NORTHERN RAILROAD) RECOMMENDATIONS: It is recommended that City Council authorize the City Manager to: 1. Approve the following bond fund transfer: FROM TO AMOUNT REASON GS30-020300349010 GS30-020300340180 $30,000 Ta%provide funds Railroads West Berry Street fo ' raiIroad Unspecified Railroad Crossing crossing agreement. 2. Execute an agreement with the Fort Worth and Western Railroad and Burlington Northern Railroad providing for the installation of approximately 150 track ft. of full depth rubber or concrete crossing. DISCUSSION: The crossing of West Berry Street by the Burlington Northern Railroad (B.N.R.R.) has been a continual source of citizen complaints over the past few years. On May 2, 1989 (M&C G-8016) , the City Council continued a request by staff to abandon this crossing. The M&C was later withdrawn at the request of B.N.R.R. so that negotiations with Fort Worth and Western Railroad could proceed. The crossing, which had been inactive for some time, is now under lease to the Fort Worth and Western Railroad. The physical condition of the crossing is still extremely poor and continues to generate a high level of citizen complaints and damage claims. The City staff and Fort Worth and Western Railroad agree that a proper full depth crossing is required at this high traffic location. The City has proposed an agreement with the two railroads which would provide generally as follows: 1. The City would provide the crossing material (concrete or rubber) to the Fort Worth and Western Railroad; 2. The Fort Worth and Western Railroad would provide for the crossing installation to include all labor and equipment necessary to install new ties and ballast; 3. The Fort Worth and Western Railroad would provide all traffic control signs and barricades necessary during removal of the old crossing and installation of the new crossing; 4. The Fort Worth and Western Railroad would match the existing street grade with their top of rail grade and the City would provide appropriate material between the end of tie and the existing. street; and DATE REFERENCE SUBJECT:AGREEMENT FOR INSTALLATION OF WES PAGE NUMBER 3-19-91 **C-12771 BERRY STREET RAILROAD CROSSING (FORT 2 Of 2 WORTH AND WESTERN RAILROAD AND BURLINGTON NORTHERN RAILROAD) 5. The Burlington Northern Railroad would perform all duties required of Fort Worth and Western Railroad in the event of default on any portion of this agreement. FINANCING. Sufficient funds are available for transfer in Street Improvements Fund GS30, Center No. 020300349010, Railroads Unspecified. Upon approval and completion of Recommendation No. 1, sufficient funds will be available in Street Improvements Fund GS30, Center No. 020300340180, West Berry Street Railroad Crossing. Expenditures will be made from Account No 541200. MG:c 20berr SUBMITTED FOR THE CITY MANAGER'S Mike Groomer 6140 DISPOSITION BY COUNCIL: PROCESSED BY OFFICE BY p APPROVED ORIGINATING Gary Santerre 7804 ❑ OTHER (DESCRIBE) DEPARTMENT HEAD J CITY SECRETARY FOR ADDITIONAL INFORMATION CONTACT: Gary Santerre 7804 GATE