HomeMy WebLinkAboutContract 25965 CITY SECRETARY Cj ,
06- 13-00P01 :22 R c v D CONTRACT NO.
RAIL CROSSING AGREEMENT
-1u
THIS AGREEMENT, made as of the - day of 2000, by
and between FORT WORTH & WESTERN RAILROAD, a Tarantula Corporation
company, having an office at 6300 Ridglea Place, Suite 1200, Fort Worth, Texas
76116 (hereinafter referred to as "FWWR"), and CITY OF FORT WORTH,
TEXAS, a municipal corporation (hereinafter referred to as "CITY").
Subject to the provisions hereof, and the covenants to be kept and
performed by the CITY, FWWR hereby grants the CITY, upon the following terms
and conditions, the right to construct and maintain a 24" Sanitary Sewer Main 30
(hereinafter, the pipe line and including all markings of facilities such as line
markers, referred to as the "PIPE LINE"), across or along the FWWR right-of-way
located at or near south of the Rosedale Street from Beckham Place to 8t' Street
right-of-way, Fort Worth, Tarrant County, Texas, the exact location of the PIPE
LINE being more particularly shown and described on the prints hereto attached,
marked "Exhibits A, B and C" and made a part hereof.
(1) In lieu of payment the City agrees to pay $37,538.00 plus tax for
installing one 108 foot full depth concrete crossing on Granbury Road at
Benbrook Boulevard and McCart, Fort Worth, Texas, as more particularly
described in Trac-Work, Inc. Bid #FTW-761-1 dated August 13, 1999, marked
"Exhibit D" hereto attached and made a part hereof.
(2) The term of this Agreement is fifty (50) years and is effective as of
the date first herein written; and may be continued in effect thereafter subject to
all its provisions, and subject to the consent of the parties hereto. Upon
expiration, FWWR shall have the right to increase the fee due hereunder for the
next succeeding term.
(3) Application and construction plans for the PIPE LINE shall be
submitted by the CITY to FWWR and must be approved by FWWR prior to
construction or reconstruction of the PIPE LINE. The CITY shall, at its own cost
and subject to the supervision and control of FWWR pursuant to FWWR's
requirements and any statute, order, rule or regulation or any public authority
having jurisdiction thereof, locate, construct and maintain the PIPE LINE 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 FWWR,
or the safe operating of its railroad. If at any time the CITY shall, in the judgment
of FWWR, fail to perform properly its obligations under this paragraph, FWWR
may, at its option, itself perform such work as it deems necessary for the safe
operation of its railroad, and in such event the CITY agrees to pay, within sixty
(60) days after bill shall have been rendered therefor, the cost so incurred by
ufflcck HOW
FWWR, but failure on the part of FWWR to perform the obligations of the CITY
shall not release the CITY from liability hereunder for loss or damage occasioned
thereby.
(4) The pipeline installations will be dry bored and jacked under the
FWWR rail, and shall be a minimum of three (3) feet below the lowest ditch line
(designed to withstand E80 loading).
(5) The CITY shall use the PIPE LINE solely for carrying sewage, and
shall not use it to carry any other commodity or for any other purpose whatsoever.
(6) The CITY shall reimburse FWWR for any expense incurred by
FWWR for false work to support FWWR's tracks and for flagman to protect its
traffic during installation of the PIPE LINE and for any and all other expense
incurred by FWWR arising out of or as a result of the installation, operation or
maintenance of the PIPE LINE.
(7) If no feasible alternative exists, FWWR reserves the right, upon no
less than six (6) months' prior written notice to the CITY, to require the CITY, at
the CITY's cost and expense, to move, remove, relocate, alter or change the
location of the PIPE LINE to an alternate location of the property in the event
such move, relocation, alteration or change is required for safety reasons or to
accommodate FWWR railroad operations and/or construction activities.
(8) The CITY shall, upon giving FWWR forty-eight (48) hours' advance
notice, have the right to enter the FWWR right-of-way in the vicinity of the PIPE
LINE for the purpose of installing, maintaining, repairing or removing the PIPE
LINE. In the event of any emergency, the forty-eight (48) hour notice shall be
waived, provided that the CITY or its contractors shall make every effort to notify
FWWR of the nature of the emergency and that entry onto the right-of-way has
occurred.
(9) At all times during construction, maintenance or repair of the PIPE
LINE, the CITY or its contractors shall keep the right-of-way in a neat and safe
condition and shall keep the tracks clear of obstructions.
(10) To the extent permitted by law, the CITY shall at all times indemnify
and save harmless FWWR against and pay in full all loss, damage or expense
that FWWR may sustain, incur or become liable for, resulting in any manner from
the construction, maintenance, use, state of repair, presence or removal of the
PIPE LINE, including any such loss, damage, or expense arising out of (a) loss of
or damage to property (including, but not limited to, property owned by, leased to
or in the care, custody or control of the parties hereto), (b) injury to or death of
persons (including, but not limited to, employees and agents of the parties
hereto), (c) mechanics or other liens of any character. It is the intention of the
parties that FWWR's right to indemnity hereunder shall be valid and enforceable
against the CITY unless such liability, cost or expense is the result of the gross
negligence or willful act of FWWR, its officers, agents and employees.
(11) Notwithstanding any other provisions of this Agreement, the CITY
shall comply with all statutes, ordinances, rules, regulations, orders and decisions
(hereinafter referred to as "Standards"), issued by any federal, state or local
governmental body or agency established thereby (hereinafter referred to as
"Authority"), relating to the CITY's use of FWWR's property hereunder. In its use
of the premises, the CITY shall at all times be in full compliance with all
Standards, present or future, set by any Authority, including, but not limited to,
Standards concerning air quality, water quality, noise, hazardous substances and
hazardous waste. In the event the CITY fails to be in full compliance with
Standards set by any Authority, FWWR may, after giving reasonable notice of the
failure to the CITY, and the CITY, within thirty (30) days of such notice, fails either
to correct such non-compliance or to give written notice to FWWR of its intent to
contest the allegation of non-compliance before the Authority establishing the
Standard or in any other proper forum, take whatever action is necessary to
protect the premises and FWWR's railroad and other adjacent property. The
CITY shall reimburse the FWWR for all costs (including, but not limited to,
consulting, engineering, clean-up and disposal costs, and legal costs) incurred by
FWWR in complying with such Standards, and also such costs incurred by
FWWR in abating a violation of such Standards, protecting against a threatened
violation of such Standards, defending any claim of violation of such Standards in
any proceeding before any Authority or court, and paying any fines or penalties
imposed for such violations. The CITY shall assume liability for and shall save
and hold harmless FWWR from any claim of a violation of such Standards
regardless of the nature thereof or the Authority or person asserting such claim,
which results from Grantee's use of FWWR's premises, unless such claim is the
result of gross negligence or willful act of FWWR, its officers, agents and
employees.
(12) While this Agreement is in effect, the CITYand contractors, at City
and contractor's expense, shall maintain and furnish FWWR evidence of
insurance set forth in FWWR's "General Insurance Requirements" attached
hereto as Exhibit "E" and made a part hereof. The CITY's contractor(s) shall
provide certificates of insurance to FWWR prior to the contractor's initial entry
onto FWWR property. If the City elects to self-fund the risks associated with this
Crossing Agreement, the City shall provide FWWR with documentation of the
City's respective program. The City may elect to obtain commercial liability
insurance at any point during the term of this Agreement.
(13) If CITY makes default in respect to any covenant or condition on
CITY's part hereunder and fails to correct such default within fifteen (15) days'
after receipt of notice from FWWR so to do, or failes to commence to correct
such default within fifteen (15) days after receipt of notice from FWWR so to do
or to complete corrective action with diligence within a reasonable time thereafter,
FWWR may forthwith terminate this Agreement by notice to CITY.
(14) In the event that two or more parties execute this instrument as the
CITY, all the covenants and agreements of the CITY in this Agreement shall be
the joint and several covenants and agreements of such parties.
(15) All the covenants and provisions of this instrument shall be binding
upon and inure to the benefits of the successors, legal representatives and
assigns of the parties to the same extent and effect as the same are binding upon
and inure to the benefit of the parties hereto, but no assignment hereof by the
CITY, its successors, legal representatives or assigns, or any subsequent
assignee, shall be binding upon FWWR without the written consent of FWWR in
each instance.
(16) Any notice hereunder to be given by FWWR to the CITY shall be
deemed to be properly served if it be deposited in the United States Mail, postage
prepaid, addressed to the CITY's Land Agent, 1000 Throckmorton, Fort Worth,
Texas 76102. Any notice to be given hereunder by the CITY to FWWR shall be
deemed to be properly served if the same be deposited in the United States Mail,
postage prepaid, addressed to FWWR's President, 6300 Ridglea Place, Suite
1200, Fort Worth, Texas 76116,
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the day and year first above written.
ATTES • CITY OF FORT WORTH, TEXAS
B .
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ATTEST: FORT WORTH & WESTERN
RAILRO CO ANY
By:
Robert C. Koliersbn
Chairman and CEO
Contract Authorization
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04/17/2000 11: 14 817-338-9604 TRAC WORK FT WORTH PAGE 02
I4AC ~�C1R/4� �NC.
AREAOFFICE
1965 nalgn
Ft.Worth,TX 76102
B I D # FTW-7 6 1-1 Phone(8 17)338-9677
August 13 , 1999 Metro(817)654-9010
Fax(817)338-9604
Attn: Robert Johnston EXHIBIT "D"
Fort Worth & Western RR Page 1 of 2
2495 East Long Ave .
R Fort Worth , Texas 761.06
A
I Dear Mr . Johnston .
L
R Trac-Work, Inc. proposes to furnish al materials , tools
0 equipment , labor , supervision and insurance necessary to
A
b Perform the following . Taxes not included .
DID I 1
R
E Trac-Work, Inc .
H proposes to furnish and rostral l One 10S.
A foot full depth concrete crossing on QLjjL(bury Rd at
e aenbrnok _L d and. McCazt Trac-Work . Inc . proposes to
remove the existing crossing and 90lb t.-rack in two
L sections and replace the track and crossing as f011ours :
I
T
A 1. . Pre-welding the 11511) rails at the jol) site .
T 2. Removing the existing zing and track in two sections .
I 3 . Cut the sub--grade down 8 ' inches below the bottoms
0 of the ties , furnish and install filter fabric and 0"
N pipe down the middle of the track .
C 4 . Fill with 8" inches of new ballast .
0 5 . Construct new track- using # J. relay 1151b rail ,
N 11511) trim, new 7"x 9"x 9 ' crossties on 18" centers .
S new track spikes , bolts and l.ockwashers . Plus 10 ea .
T new crossties on each side of the new crossing. G .
R '
U Surface the track using new track ballast .
C 7 . Furnish and install the new concrete full. depth
T crossing 9 'w X 1087L.
0 8 . Furnish and compact 5 ' hot mix asphalt approaches
N on each side of the 11ew crossing .
M The price for this service i; as follows -
A Material $ 25 , 64S . 00
I Labor & Equipment 1. 1 ,390 . 28
T Total lump gum price for IIID # 1 ------- $ 37, 538. 28
E ..
N within this proposal we have not provided for :
A
N ( 1 ) The performance of any subgrade work or installation
c of subballast .
E
( 2 ) The furnishing of any material other than those
listed above .
Corp.Office
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'04/17/2000 11: 14 817-338-9604 TRAC WORK FT WORTH PAGE 03
EXHIBIT "D'
Page 2of2
( 3 ) The adjustment of any utilities , signal work ,
barricading , detours roads and/or traffic control. .
(4 ) The performance of any construction staking.
This bid is based on straight time , non-union labor And
is good for 30 days . Invoices ax-e due and payable upon
receipt .
We appreciate the opportunity to submit this proposal and
look forwarcl to working with you . Should any questions
arise , please feel free to call .
Sincerely yours ,
TRA Q , INC.
.lip Wall
enn
Area Manager
cc : office file
Exhibit E
General Insurance Requirements
For so long as this Agreement between Fort Worth and Western Railroad, a
Tarantula Corporation company, as "Licensor", and The City of Fort Worth,
Texas, as "Licensee" shall exist, Licensee's contractor(s) shall maintain in full
force and effect comprehensive general liability insurance applicable to all
operations conducted by Licensee on FWWR premises. Said coverage shall be:
(1) Occurrence form rather than "claims made". Licensor may, at its sole
discretion, accept a "claims made" policy provided that Licensee and Licensee's
contractors agrees that such "claims made" policy shall include a minimum of
three (3) years extended reporting and discovery period, or Licensee and
Licensee's contractors agree replacement "claims made" coverage shall continue
to contain the same retroactive date as the policy being replaced.
(2) Limits to be not less than $1,000,000 per occurrence and $2,000,000 in
the aggregate, or such other limits as required by Licensor.
(3) Licensor shall be named as additional insured on the policy(s).
(4) An acceptable, written confirmation (certificate of insurance) shall be
required to be in the possession of Licensor before operations commence and
thereafter, at least 15 days prior to expiration of coverage.
(5) 30 days advance written notice of cancellation, change of carriers, or any
other material change in the insurance program of Licensee and Licensee's
contractors.
City of Fort Worth, Texas
qVrAvolf And Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
5/30/00 **C-18033 30G6 1 of 2
SUBJECT APPROVE TWO RAIL CROSSING AGREEMENTS WITH FORT WORTH & WESTERN
RAILROAD FOR THE REPLACEMENT OF TWO SANITARY SEWER LINES IN
RAILROAD RIGHT-OF-WAY ON MAIN C1C4B DRAINAGE AREA, GROUP 6, PARTS 6
AND 9, M-30 AND M-70R DOE 2497 AND 2092
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to approve and execute the Rail
Crossing Agreements (Agreements) with Fort Worth & Western Railroad to allow the replacement of
two 16-inch sanitary sewer lines in the railroad right-of-way, for a total cost of $38,519.28.
DISCUSSION:
The Agreements will permit the replacement, rehabilitation and improvements of the sanitary sewer
mains. The locations are within the railroad rights-of-way with one on the near west side, just south of
Rosedale Street at All Saints Avenue, and the other just east of Forest Park Boulevard and south of
Peter Smith Street. The Agreements will permit the rehabilitation and reconstruction of the sanitary
sewer mains in exchange for a one-time payment of$38,519.28 for a 50-year term.
A description of the crossings are as follows:
Location Pipe Size and Use Area-Square Feet Fee
Drainage Area C1 C413, M-30, South 16-inch sanitary sewer 2,000.0 -0-
of Rosedale Street at All Saints Avenue
Drainage Area C1 C413, M-70R, East of 16-inch sanitary sewer 4,500.0 -0-
Forest Park Boulevard at Peter Smith
Street
Total Cost: $38,519.28
An outside independent appraisal was obtained by staff in order to establish the value of the crossing
areas. The above payment is a negotiated amount based on the appraisal.
This property is located in COUNCIL DISTRICT 9, Mapsco 76F and L.
City of Fort Worth, Texas
*Valor and CouncilCommunication
DATE REFERENCE NUMBER LOG NAME PAGE
5/30/00 **C-18033 30G 22 of 2
SUBJECT APPROVE TWO RAIL CROSSING AGREEMENTS WITH FORT WORTH & WESTERN
RAILROAD FOR THE REPLACEMENT OF TWO SANITARY SEWER LINES IN
RAILROAD RIGHT-OF-WAY ON MAIN C1C4B DRAINAGE AREA, GROUP 6, PARTS 6
AND 9, M-30 AND M-70R DOE 2497 AND 2092
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of
the Commercial Paper-Sewer Fund.
MG:k
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
APPROVED/1
Mike Groomer 6140 CITY COUNCIL
Originating Department Head:
MAY 30 2000
A.Douglas Rademaker 6157 (from)
PS46 541100 030460410230 $38,519.28y
Additional Information Contact: I l t /
Cir?Secretary of t"
city of fort WCrth.T:XaT
A.Douglas Rademaker 6157