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Home My WebLink AboutContract 47003 Et,;SC 'r UPRR Folder No. 2901-93 m PUBLIC HIGHWAY AT-GRADE CROSSING IMPROVEMENT AG E ENT BETWEEN UNION PACIFIC RAILROAD COMPANY AND CITY OF FORT WORTH COVERING THE THE UPGRADE OF THE CROSSING SURFACE AND THE CONSTRUCTION OF SIDEWALK IMPROVEMENTS TO THE EXISTING AT-GRADE PUBLIC ROAD CROSSING FOR MILLER AVENUE (DOT NO. 794-997G) AT RAILROAD MILE POST 241.86 - DALLAS SUBDIVISION AT OR NEAR FORT WORTH, TARRANT COUNTY, TEXAS DFFICIA liECOMT,V,. q1I z(. v "` " T UNION PACIFIC RAILROAD COMPANY PUBLIC HIGHWAY AT-GRADE CROSSING(Improvement Agreement) BUILDING AM RICK Form Approved AVP-Law — -, UPRR Folder No.: 2901-93 UPRR Audit No. J l 1 y PUBLIC HIGHWAY AT-GRADE CROSSING IMPROVEMENT AGREEMENT THIS AGREEMENT is made as of the �� 1 day of 45,(""1 S�� , 20 f , by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, or its predecessor in interest, with a mailing address at 1400 Douglas Street, MS 1690, Omaha, Nebraska, 68179-1690 ("Railroad"), and the CITY OF FORT WORTH, a municipal corporation of the State of Texas with a mailing address at 1000 Throckmorton Street, Fort Worth, Texas 76102 ("Political Body"). RECITALS: Presently, the Political Body utilizes the Railroad's property for the existing Miller Avenue at-grade public road crossing, DOT No. 794-997G, at Railroad's Mile Post 241.86 on its Dallas Subdivision, in or near Fort Worth, Tarrant County, Texas (hereinafter the"Roadway"). The Political Body now desires to undertake as its project the improvement of the crossing surface and the addition of sidewalks to the existing Roadway(the "Project"). The right of way for the existing Roadway was granted by the predecessor to the Railroad, the Texas and Pacific Railway Company, to the Political Body under the terms of an agreement effective May 1, 1958, under Railroad's Audit No. TC21984 (the "Original Agreement"). The right of way granted to the Political Body under the terms of the Original Agreement is not sufficient for Political Body's Project. Therefore, under this Agreement, the Railroad will be granting to the Political Body the right to use additional Railroad right of way to facilitate its Project. Collectively, the Roadway and Project improvements contemplated in this Agreement are referred to as the "Enhanced Roadway". Where the Roadway and Enhanced Roadway cross the Railroad's property is the "Crossing Area" as shown on the Railroad's Location Print marked Exhibit A, attached hereto and hereby made a part hereof. The additional portion of Railroad's property that Political Body needs a right to use in connection with its Project is shown on the Detailed Prints marked Exhibit A-1, described in the Legal Description marked Exhibit A-2, and illustrated in the Survey Print marked Exhibit A-3, with each exhibit being attached hereto and hereby made a part hereof. The Railroad and the Political Body and entering are into this agreement to cover the above. AGREEMENT: NOW THEREFORE, in consideration of the premises and of the foregoing promises and 2901-93 Page 1 M77, ��"1^ P� ' "dti ° 1012312014 ;m . �, n,TI ,, TX 4, UNION PACIFIC RAILROAD COMPANY PUBLIC HIGHWAY AT-GRADE CROSSING (Improvement Agreement) BUILDING AMERICA Form Approved,AVP-Law — conditions hereinafter set forth, the parties hereto agree as follows: SECTION 1. LIST OF EXHIBITS The exhibits below are attached hereto and hereby made a part hereof. Exhibit A Railroad's Location Print Exhibit A-1 Detailed Prints Exhibit A-2 Legal Description Exhibit A-3 Survey Print Exhibit B Railroad's General Terms and Conditions Exhibit C Railroad's Material and Force Account Estimate Exhibit D Railroad's Form of Contractor's Right of Entry Agreement SECTION 2. GENERAL TERMS AND CONDITIONS The General Terms and Conditions marked Exhibit B, are attached hereto and hereby made a part hereof. SECTION 3. WORK TO BE PERFORMED BY RAILRAOD; BILLING A. The Railroad, at Political Body's expense, shall furnish all labor, material, equipment and supervision for the Project improvements that are between track tie ends, including installation of 24 feet of concrete crossing pads, one set on the Mainline 1 (concrete ties) and two sets across the Mainline 2 (wood ties). B. The Project work to be performed by the Railroad, at the Political Body's sole cost and expense, is described in the Railroad's Material and Force Account Estimate dated July 14, 2014, marked Exhibit C, attached hereto and hereby made a part hereof (the "Estimate"). As set forth in the Estimate, the Railroad's estimated cost for the Railroad's work associated with the Project is ($43,391.00). C. The Estimate sets forth the Railroad's current, good faith estimate of the cost of the work described therein. The Railroad may adjust the Estimate from time to time. The Political Body expressly acknowledges that the amounts set forth in the Estimate, as they may be adjusted from time to time, are merely an estimate by the Railroad and these amounts do not limit or otherwise affect the Political Body's reimbursement obligations under this Agreement. D. The Political Body acknowledges that the Estimate does not include any estimate of flagging or other protective service costs that are to be paid by the Political Body or the Contractor in connection with flagging or other protective services provided by the Railroad in connection with the Project. All of such costs incurred by the Railroad are to be paid by the Political Body or the Contractor as determined by the Railroad and the Political Body. If it is determined that the Railroad will be billing the Contractor directly for such costs, the Political Body agrees that it will pay the Railroad for any flagging costs that have not been paid by any Contractor within thirty(30) days of the Contractor's receipt of billing. 2901-93 Page 2 10/23/2014 UNION PACIFIC RAILROAD COMPANY BUILDING AMERICAi PUBLIC HIGHWAY AT-GRADE CROSSING (Improvement Agreement) Form Approved,AVP-Law — E. The Railroad shall send progressive billing to the Political Body during the Project and final billing to the Political Body within one hundred eighty (180) days after receiving written notice from the Political Body that all Project work affecting the Railroad's property has been completed. F. The Political Body agrees to reimburse the Railroad within thirty (30) days of its receipt of billing from the Railroad. SECTION 4. PLANS A. The Political Body, at its expense, shall prepare, or cause to be prepared by others, the detailed plans and specifications and submit such plans and specifications to the Railroad's Assistant Vice President Engineering — Design, or his authorized representative, for review and approval. The plans and specifications shall include all Project layout specifications, cross sections and elevations, associated drainage, and other appurtenances. B. The final one hundred percent (100%) completed plans that are approved in writing by the Railroad's Assistant Vice President Engineering—Design, or his authorized representative, are hereinafter referred to as the "Plans". The Plans are hereby made a part of this Agreement by reference. C. No changes in the Plans shall be made unless the Railroad has consented to such changes in writing. D. The Railroad's review and approval of the Plans will in no way relieve the Political Body or the Contractor from their responsibilities, obligations and/or liabilities under this Agreement, and will be given with the understanding that the Railroad makes no representations or warranty as to the validity, accuracy, legal compliance or completeness of the Plans and that any reliance by the Political Body or Contractor on the Plans is at the risk of the Political Body and Contractor. SECTION 5. WORK TO BE PERFORMED BY POLITICAL BODY A. The Political Body, at its sole cost and expense, shall provide traffic control, barricades, and all detour signing for the crossing work, provide all labor, material and equipment to install concrete or asphalt street approaches, and if required, will install advanced warning signs, and pavement markings in compliance and conformance with the Manual on Uniform Traffic Control Devices. B. The Political Body, at its expense, shall maintain and repair all portions of the Enhanced Roadway approaches that are not within the track tie ends. C. If Political Body's contractor(s) is/are performing any work described in Section 5, paragraphs A and/or B above, then the Political Body shall require its contractor(s) to execute the Railroad's standard and current form of Contractor's Right of Entry Agreement attached hereto as Exhibit D. Political Body acknowledges receipt of a copy of the Contractor's Right of Entry Agreement and understanding of its terms, provisions, and requirements, and will inform its contractor(s) of the need to execute the Agreement. Under no circumstances will the Political Body's contractor(s) be allowed onto the 2901-93 Page 3 10/23/2014 UNION PACIFIC RAILROAD COMPANY PUBLIC HIGHWAY AT-GRADE CROSSING (Improvement Agreement) BUILDING AM �tICA" Form Approved,AVP-Law — Railroad's premises without first executing the Contractor's Right of Entry Agreement. SECTION 6. FIBER OPTIC CABLES Fiber optic cable systems may be buried on the Railroad's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Political Body or its contractor(s) shall telephone the Railroad during normal business hours (7:00 a.m. to 9:00 p.m., Central Time, Monday through Friday, except holidays) at 1-800-336-9193 (also a 24-hour number, 7 day number for emergency calls) to determine if fiber optic cable is buried anywhere on the Railroad's premises to be used by the Political Body or its contractor(s). If it is, Political Body or its contractor(s) will telephone the telecommunications company(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. Section 7. FUTURE PROJECTS Future projects involving substantial maintenance, repair, reconstruction, renewal and/or demolition of the Enhanced Roadway and/or Crossing Area shall not commence until Railroad and Political Body agree on the plans for such future projects, cost allocations, right of entry terms and conditions and temporary construction rights,terms and conditions. SECTION 8. ASSIGNMENT; SUCCESSORS AND ASSIGNS A. Political Body shall not assign this Agreement without the prior written consent of Railroad. B. Subject to the provisions of Paragraph A above, this Agreement shall inure to the benefit of and be binding upon the successors and assigns of Railroad and Political Body. SECTION 9. RIGHTS GRANTED For and in consideration of One Thousand Five Hundred DOLLARS ($1,500.00)to be paid by the Political Body to the Railroad upon the execution and delivery of this Agreement and in further consideration of the Political Body's agreement to perform and abide by the terms of this Agreement including all exhibits, the Railroad hereby grants to the Political Body the right to establish or reestablish, construct or reconstruct, maintain, repair and renew crossing over and across the Crossing Area. SECTION 10, SPECIAL PROVISIONS PERTAINING TO AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 If the Political Body will be receiving American Recovery and Reinvestment Act ("ARRA") funding for the Project, the Political Body agrees that it is responsible in performing and completing all ARRA reporting documents for the Project. The Political Body confirms and acknowledges that Section 1512 of the ARRA provisions applies only to a "recipient" receiving ARRA funding directly from the federal government and, therefore, (i) the ARRA reporting requirements are the responsibility of the Political Body and not of the Railroad and (ii) the Political Body shall not delegate any ARRA reporting responsibilities to the Railroad. The 2901-93 Page 4 10/23/2014 UNION PACIFIC RAILROAD COMPANY BUILDING AMERIC{1 PUBLIC HIGHWAY AT-GRADE CROSSING(Improvement Agreement) Form Approved,AVP-Law — Political Body also confirms and acknowledges that (i) the Railroad shall provide to the Political Body the Railroad's standard and customary billing for expenses incurred by the Railroad for the Project including the Railroad's standard and customary documentation to support such billing and (ii) such standard and customary billing and documentation from the Railroad provides the information needed by the Political Body to perform and complete the ARRA reporting documents. The Railroad confirms that the Political Body and the Federal Highway Administration shall have the right to audit the Railroad's billing and documentation for the Project. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first hereinabove written. UNION PACIFIC RAILROAD COMPANY (Feder-al Tax ID#94-6001323) , y o �l�rp�� ,r�. a_ w() i0�11I.A,Ctorrr....__._..�. _._eI By. DANIEL A. LEIS General Director—Real Estate WITNESS: CITY OF FORTH WORTH ,,a �..... By Printed N � '�1 ,i�.I` 6, Title: s' ",r m APPROVED AS TO FOR AN") LEGAl.JI''Y-. a -V "..P�� I ATTdFiNFY • lw�C 4 OX �® �� " i Secretary NO M&C REQUIRED Q. FFICIAPI � �IJfI"!JL'X�/tl40�Wf�a umm�anarcierm'um.vncw.e�.aamvm 2901-93 Page 5 10/23/2014 U,a. EXHIBIT A To Public Highway At-Grade Crossing Improvement Agreement Cover Sheet for the Railroad Location Print i RAILROAD LOCATION PRINT w-® ®E ACCOMPANYING AN T EXISTING AT—GRADE PUBLIC ROAD CROSSING s IMPROVEMENT AGREEMENT Miller Avenue —DOT#794-997G M.P.241.86—Dallas Subdivision Fort Worth,Tarrant County,TX r Existing At-Grade Public Crossing Surface Upgrade and Sidewalk Project j i,, ✓�;ea f:eAM4��f f, � i , i Wn4' Nv,w'aW yy1WbP y G�fi�+rr:�xs a n a rv�w w anmo sx m el i ,.,,rnveu �U��awrtoPow M m�u�, '�'�.. r S ao�auwvtl,��rvmiw'M,�WwXirM1'mb'a J+m Jamm'�/RiWU4OIP✓a rv,"+.e4cXWN.4 x fAa't"W uw"" ' °M1 h ' �I , J / r, t r r r, / r, s r 4lraian Pacific Railroad, 2014 EXHIBIT "A" UNION PACIFIC RAILROAD COMPANY DALLAS SUBDIVISION RAILROAD MILE POST 241.86 FORT WORTH,TARRANT COUNTY,TX To accompany Public Road Crossing Improvement Agreement with the CITY OF FORT WORTH covering a Surface Upgrade and Sidewalk Project. Folder No.2901-93 Date:October 23,2014 WARNING IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE. PHONE: 1-(800)336-9193 Exhibit A Railroad Location Print EXHIBIT A- 1 To Public Highway At-Grade Crossing Improvement Agreement Cover Sheet for the Detailed Prints 1 it ¢ 1 {{ q ,! � ;r )!xaa£:K;.pLO LL. O $ Z p t I o =1e1611_'X°�i aE°•y � w A38 sp 8 5 ..Yxb#, r ° ig gQ � df186A�: Xs 1- o ONO Yo $ w p � N ��r •• w � � �< � a o p " I I 1 I i I I I MATCHLINE STA 12+00 twr•�•ra•twn ttar ��wn..+Y.n �.Y��tttt. 1 MATCHLINE STA 16. 0 I y � I r i N 1 __ ell I'l t2 1 -t�, o I a W.W raiW5 _ -1 '• -„ I r 4 — gupll�i�1111 11 =--=as ` E9 -- l an s ipa,0. 1. ' I � � + �• s.f I If I a ! I 4 ( , s tig I F z a I n• -- Ii Lu. , MATCHLINE STA 8.00 0 MATCHLINC STA 12.00 I Mew IgUt371!!0 YI15L•l03fOtld M LO tSf tft3at11 Y102/f/L {162•dd-20Y1-201)\x)b Bl.YK\k00/4'AiDiry AO1x06-LOYI\I 0✓ti0h\OOr)\Y 1162\f000b2\11 I I i --------------------------------- ----- - i | | | | | | | | | | | | | | | | | } / | | | | | | | | | | | | | | | | | | | | | | | | | | | | | � | | ! | ! LL LL ONE nu ry -1 ect IFI,IT cr lie jT ' | rig � | | | | | | | � | AA-J�2-1- | | / | ' ! | | | | | | | ir , | ' | x C3 ' | ' | | | | | | | | | | / ~~- ----O ki 161 - '---' -'---'--- -- - �� | | | | EXHIBIT A-2 To Public Highway At-Grade Crossing Improvement Agreement Cover Sheet for the Legal Description FORTWORTH ,y LEGAL DESCRIPTION TRACT 1 —273.0 Sq. Ft. J.L. Purvis Survey,Abstract No. 1228 Tarrant County, Texas All that certain lot, tract or parcel of land lying and situated in the J.L. Purvis Survey,Abstract No. 1228, Tarrant County, Texas, being a portion of the Union Pacific Railroad (100 foot right- of-way formerly known as the Texas & Pacific Railway Company), being a portion of that certain 84.24 foot by 100.28 foot parcel described in the License Agreement between Texas & Pacific Railway Company and the City of Fort Worth, according to City Secretary Contract No. 3839 and Railway File No. 1184-633 Audit No. TC21984, and being more particularly described as follows: BEGINNING at a point lying in Miller Street(84 foot right-of-way per City of Fort Worth Transportation&Public Works Vault File No. K-177) on the former southerly line of Lot 22, Block 9, Clairemont Place Addition, according to the plat recorded under Volume 922, Page 457 of the Plat Records of Tarrant County, Texas,the southerly line of that certain tract of land described in the deed from Leavy A. Townsend and wife,Naomi Cooper Townsend to the City of Fort Worth, executed November 29, 1957, recorded under Volume 3167, Page 265 of the Deed Records of Tarrant County, Texas, said point bears South 26 degrees 18 minutes 00 seconds West 174.61 feet from a 1/2" iron rod found lying in the southerly right-of-way line of Hawlett Street(50 foot right-of-way per plat) at the northeast corner of Lot 23, Block 9 of said Addition,the northeast corner of that certain tract of land described in the deed from Elsie Alene Prine to the City of Fort Worth, executed December 9, 1957,recorded under Volume 3169, Page 564 of the Deed Records of Tarrant County, Texas, being the northwest corner of Lot 24, Block 9 of said Addition; THENCE South 06 degrees 25 minutes 30 seconds West 30.80 feet to a point; THENCE South 04 degrees 31 minutes 40 seconds East 14.71 feet to a point; THENCE South 85 degrees 28 minutes 20 seconds West 6.00 feet to a point; THENCE North 04 degrees 31 minutes 40 seconds West 15.29 feet to a point; THENCE North 06 degrees 25 minutes 30 seconds Esat 30.20 feet to a point lying in the northerly right-of-way of said Railroad on the southerly line of said Lot 22, said point bears South 24 degrees 27 minutes 13 seconds East 159.92 feet from a 1/2" iron rod found lying in the southerly right-of-way line of said Hawlett Street, being the northwest corner of Lot 21,Block 9 of said Addition, the northeast corner of Lot 20, Block 9 of said Addition; THENCE North 85 degrees 21 minutes 36 seconds East along the common line between said Railroad and said Block 9 and partially along the northerly line of said License Agreement parcel, 6.11 feet to the point of beginning and containing 273.0 square feet of land, as surveyed on the ground September 24,2014 by the City of Fort Worth. See survey map attached hereto and made a part hereof. TRANSPORTATION AND PUBLIC WORKS DEPARTMENT SURVEYING SiERVICES Tm:Crry or Four Wouum * 8851 Camp Bowie Blvd West * Four Woirrii,Tcxns 76116 817 392-7925 * Evx 817-392-7895 ,FORTWORTH LEGAL DESCRIPTION TRACT 2— 193.4 Sq. Ft. J.L. Purvis Survey, Abstract No. 1228 Tarrant County, Texas All that certain lot, tract or parcel of land lying and situated in the J.L. Purvis Survey,Abstract No. 1228, Tarrant County, Texas, being a portion of the Union Pacific Railroad (100 foot right- of-way formerly known as the Texas &Pacific Railway Company), being a portion of that certain 84.24 foot by 100.28 foot parcel described in the License Agreement between Texas & Pacific Railway Company and the City of Fort Worth, according to City Secretary Contract No. 3839 and Railway File No. 1184-633 Audit No. TC21984, and being more particularly described as follows: BEGINNING at a point lying in Miller Street(84 foot right-of-way per City of Fort Worth Transportation &Public Works Vault File No. K-177), said point bears South 04 degrees 40 minutes 23 seconds East 22.93 feet from the southeast corner of the simultaneously described Tract 1 surveyed on this date; THENCE South 04 degrees 58 minutes 21 seconds East 16.15 feet to a point; THENCE South 02 degrees 06 minutes 41 seconds West 16.10 feet to a point lying on the southerly right-of-way line of said Railroad,the southerly line of that said License Agreement parcel; THENCE South 85 degrees 21 minutes 36 seconds West along the common line of said Railroad and said License Agreement parcel, at 3.16 feet passing the northeast corner of Block 1, East Gate Center, according to the plat recorded under Volume 388-8, Page 118 of the Plat Records of Tarrant County, Texas,the northeast corner of that certain tract of land described in the General Warranty Deed from Suzanne Hill dba Hill Company to Iglesia Pentecostes Valor Y FE, executed April 4, 2003, recorded under Volume 16570,Page 209 of the Official Public Records of Tarrant County, Texas, continuing along the common line between said Railroad and said Block 1 in all 6.04 feet to a point lying in the northerly line of said Block 1; THENCE North 02 degrees 06 minutes 41 seconds East 16.44 feet to a point; THENCE North 04 degrees 58 minutes 21 seconds West 15.77 feet to a point; THENCE North 85 degrees 01 minutes 39 seconds East 6.00 feet to the point of beginning and containing 193.4 square feet of land, as surveyed on the ground September 24, 2014 by the City of Fort Worth. See survey map attached hereto and made a part hereof. TRANSPORTATION AND PUBLIC WORKS DEPARTMENT SURVEYING SERVICES Tut.Criv or Four WoRrn * 8851 Camp Bowie Bled West * Foirr Wou'ru,TEXA"76116 817 392-7925 * Fax 817-392-7895 EXHIBIT A-3 To Public Highway At-Grade Crossing Improvement Agreement Cover Sheet for the Survey Prints r Ir r, / r a, 2�,1 �. •a•0— r r rya F. 4. r a r„ /f ! f r NOTE: BEFORE YOU BEGIN ANY WORK. SEE AGREEMENT FOR FIBER OPTIC PROVISIONS. LEGEN # UNION PACIFIC RAILROAD COMPANY LICENSE AREA - FORT WORTH, TARRANT COUNTY, TX UPRRCO«R/W OUTLINED•• ~ "` °'°`°"°°" M.P. 241.8 - DALLAS SUB. ib Exhit TO ACCOMPANY AGREEMENT WITH CITY OF FORT WORTH TP TX V-6 / S-38A SCALE: 1 " = 100` CADD 0290193.dgn OFFICE OF REAL ESTATE FILENAME OMAHA. NEBRASKA DATE: 10-27-2014 SCAN 2901-93aeriol .tif NLP FILE: 2901-93 FILENAME