HomeMy WebLinkAboutItem 08 - Ball Street Railroad CrossingMEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ROGER NELSON, CITY MANAGER/V
MEETING DATE: FEBRUARY 20, 2001
SUBJECT: COST REIMBURSEMENT INTERLOCAL AGREEMENT WITH
DART FOR BALL STREET RAILROAD CROSSING
RECONSTRUCTION
RECOMMENDATION:
City Council consider approving a Cost Reimbursement Interlocal Agreement with Dallas
Area Rapid Transit for the reconstruction of the Ball Street crossing, in an amount of
$63,920.54, authorize staff to execute said agreement, and take any necessary action.
FUNDING SOURCE:
Funds are currently available in account number 178-78361-008 Ball Street Railroad
Crossing.
BACKGROUND:
The Ball Street crossing of the DART rail line has recently experienced significant
failures beneath the rubberized crossing surface. The cost to repair the failed crossing
is solely the responsibility of the City of Grapevine.
DART has a competitively bid annual contract with a railroad contractor qualified to
undertake repairs on their lines as the need arises. The DART staff has offered the City
the opportunity to use their contract in lieu of having to bid the repairs ourselves for this
one small location. The City will be responsible for the repair costs and will reimburse
DART upon completion of the work and approval by both DART and the City.
The City Attorney's staff have reviewed and approved the agreement.
Staff recommends approval.
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0:\agenda\022001 \I nterlocal_DART_BAII
February 15, 2001 (10:55AM)
THE STATE OF TEXAS }
} KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TEXAS }
COST REIMBURSEMENT INTERLOCAL AGREEMENT
THAT this Agreement (the "Agreement") made and entered by and between DALLAS
AREA RAPID TRANSIT ("DART"), a regional transportation authority organized and existing
pursuant to Chapter 452, Texas Transportation Code, and CITY OF GRAPEVINE
("Grapevine"), a Texas municipal corporation,
WITNESSETH:
WHEREAS, DART owns and/or manages certain railroad right-of-way within the
corporate limits of Grapevine (the "DART Property") and Ball Street (DOT No.789 739S) an
existing at -grade public road crossing crosses the right-of-way at Mile Post 613.90 (the
"Crossing'); and
WHEREAS, the Crossing of the former St. Louis Southwestern Railway Company
("SSW") right-of-way is in need of reconstruction; and,
WHEREAS, by virtue of the existing easement for the Crossing granted by SSW to
Grapevine, the responsibility for paying for reconstruction of the Crossing is that of Grapevine;
WHEREAS, DART has a contractor already under contract .(the "Contract") through a
competitively bid process who can perform such services; NOW, THEREFORE,
RMIA u 1 QNS_13 13 13 0
IN CONSIDERATION of the premises and other good and valuable consideration in
hand received by each of the parties, the sufficiency of which is hereby acknowledged, DART
and Grapevine do hereby agree as follows:
1. DART Obligations.
1.01. DART shall cause its contractor Gilbert May, Inc. (the "Contractor") under
the Contract (C-925156-01, which is incorporated herein by reference), to reconstruct the
existing Ball Street public road crossing of the DART Property located at Mile Post 613.90
(Mapsco 27Q) as shown on Exhibit "A" attached hereto and incorporated herein for all purposes.
1.02. The Contract shall include all labor and materials necessary for the removal
and disposal of the rubber crossing material from the Crossing and reconstruction of the Crossing
with Century precast concrete slabs in accordance with railroad industry standards.
cost-ila-Ball Street 1 of 3
1.03. DART will oversee the work by the Contractor as necessary to insure
Contractor's performance complies with the terms of the Contract and this Agreement.
2. Grapevine Obligations.
2.01. Grapevine has heretofore reviewed and approved both the Contract and the
Contractor.
2.02. Upon final completion of the Contract by the Contractor and approval
thereof by DART and Grapevine, Grapevine shall reimburse DART for the cost of such work in
the amount of $63,920.54 within thirty (30) working. days after receipt from DART of
certification of the final completion of such reconstruction work.
3. Notices. Any notice required or permitted to be given by either party to the other shall
be in writing and shall be deemed to have been duly given when delivered personally or three (3)
days following the deposit of such notice in the United States Mail, sent by certified mail, return
receipt requested, in a postage paid envelope addressed to the party at the address set out below:
DART: Dallas Area Rapid Transit
P. O. Box 660163
Dallas, Texas 75266-7210
Attn: Vice President, Commuter Rail & Railroad Management
GRAPEVINE: City of Grapevine
P. O. Box 95104
Grapevine, Texas 76099
Attn: Director of Public Works
4. Indemnity. To the extent permitted by law, DART, for itself, its Contractor and
permitted assigns, shall defend, indemnify and hold Grapevine, its officers, employees and
agents free and harmless from any and all claims, lawsuits, liability, judgments, costs and
expenses for personal injury or death, property damage or other harm for which recovery of
damages is sought that may arise out of or be occasioned by reason of the negligent act or
omission of DART or the Contractor in connection with the performance of the Contract
pursuant to this Agreement; EXCEPT, HOWEVER, that the indemnity herein provided shall not
apply to any liability resulting from the sole negligence of Grapevine, its officers, agents,
employees or contractors and in the event of joint and concurrent negligence of both DART and
Grapevine, responsibility, if any, shall be apportioned comparatively in accordance with the laws
of the State of Texas, without, however, waiving any governmental immunity available to either
party under Texas Law, and without waiving any defense of the parties under Texas Law. The
provisions of this paragraph shall survive this Agreement and are solely for the benefit of the
parties hereto and are not intended to create or grant any rights, contractual or otherwise, to any
third person or entity.
cost-ila-Ball Street 2 of 3
5. Entirety and Amendments. This Agreement embodies the entire agreement between
the parties and supersedes all prior agreements and understandings, if any relating to the matters
.. ` addressed herein, and may be amended or supplemented only by a written instrument executed
by the party against whom enforcement is sought.
6. Parties Bound. This Agreement shall be binding upon and inure to the benefit of the
executing parties and their respective successors and approved assigns.
7. Number and Gender. Words of any gender used in this Agreement shall be held and
construed to include any other gender; and words in the singular shall include the plural and vice
versa, unless the text clearly requires otherwise.
8. Governing Law; Venue. This Agreement shall be construed under and in accordance
with the laws of the State of Texas. Venue for any legal action arising by virtue of this
Agreement shall lie in Dallas County, Texas.
9. Signature Authority. Each of the individuals signing this Agreement on behalf of the
parties warrants that he is duly and properly authorized to execute this Agreement on behalf of
his respective entity.
IN WITNESS WHEREOF, the parties have executed this Agreement in duplicate
originals this day of 12001.
DALLAS AREA RAPID TRANSIT
By:
LONNIE E. BLAYDES
Vice President
Commuter Rail & Railroad Management
CITY OF GRAPEVINE
Bv:
Printed Name:
Title:
Office of DART General Counsel
41
City Attorney
cost-ila-Ball Street 3 of 3
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corperation
November 17, 2000
Ms. Ja11 Seidner
Manager, Rai►road Facilities
Dallas Area Rapid Transit
P.O. Box $80163
Dallas, TX 75258.0163
RE: Contract No. 0-825156-01
flali Street Q SSW Mile Post 613.90 in Grapevine
(DOT No, 7837385)
pear Ms. Seidner:
Please accept this proposal to furnish and install vuork for the above captioned task order:
• e - �'li�irLil
bm N21, Reconstruc on of concrete crossing
901 a $633.45 per foot ....................................................... $ 57,010.50
ROM No. 30 Mobilization
1 trip (9 $1751.00................................................................ $ 1,751.00
IItam No, 32 Miscellanems
Additional flagging and barricading to perform crossing
one half at a time... I a $3600.00 ........................................
Sub -total
rr tea, 31 Bonds
Total
ff you have any questions, please contact me at your convenience.
Respectfully submitted,
PHILLIPSIMAY CORPORATION
, � �;e re, :: ��-; � �-. -
Chris EAcobedo
Project Manager
$ 3,600.00
$ 62,361.50
$ 1,559.04
f 63,020.54
48e1 Sharp Street • Dallas, TX 75247 - 214-631-3331 , FAX 214-630-5607 - FAX 214-630-4755