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CSC No.55211
ROADWAY REHABILITATION AGREEMENT
The State of Texas §
§ Know all men by these Presents:
County of Tarrant §
RECITALS:
That FORT WORTH & WESTERN RAILROAD COMPANY, 6300 Ridglea Place, Suite 1200,
Fort Worth, Texas 76116 (hereinafter called "FWWR" or "Railroad") and the CITY OF FORT
WORTH, 200 Texas Street, Fort Worth, Texas 76102 (hereinafter called "City"), do hereby agree
as follows:
WHEREAS, FWWR is a rail carrier engaged in interstate commerce providing common
carrier railroad transportation services by rail including within the City's city limits which
crosses City's street network at various locations; and
WHEREAS, City owns and maintains for public use a street network which crosses
FWWR railroad tracks at various locations; and
WHEREAS, FWWR and City desire to improve or rehabilitate the crossings from time
to time; and
WHEREAS, City desires to rehabilitate the roadway within FWWR's right-of-way at
North Main Street, Mile Post 5.69, DOT 672931 U, Tarrant County, Fort Worth, Texas, as more
particularly identified on the print hereto attached, marked Exhibit"A"made a part hereof. The
roadway rehabilitation will be completed per the plans as shown on Exhibit"B"attached hereto.;
and
WHEREAS, City agrees to pay the costs of the roadway rehabilitation and reimburse
FWWR in the amounts specified in this agreement and as shown in Exhibit "C" made a part
hereof,
NOW THEREFORE,in consideration of the premises and of the promises and conditions
set forth in this agreement, the parties hereto agree as follows:
AGREEMENT:
The Railroad shall, subject to the reimbursement provided for in this agreement, furnish
all signal modifications and flagging services for roadway rehabilitation at the above location
("FWWR Services"). OFFICIAL RECORD
CITY SECRETARY
FWWR&City of Fort Worth FT.WORTH, TX
Main Street Roadway Rehabilitation Agreement
City agrees to reimburse FWWR the entire cost of all FWWR Services, as depicted on
Exhibit C,in the amount of Nineteen Thousand Three Hundred Eighty-Two Dollars and 20/100
($19,382.20) ("City Reimbursement"). City also agrees to reimburse FWWR for FWWR
Services costs in excess of City Reimbursement(the "Excess Costs"), if any, unless such Excess
Costs are due to the cause of FWWR. Excess Costs which cause the City's total expenditure to
exceed One Hundred Thousand Dollars ($100,000) will require additional City authorization
before payment can be made.
City also agrees to provide for the roadway rehabilitation, at the City's sole expense, a
Traffic Control Plan,the placement and removal of barricades as needed and all asphalt approach
pavement work which shall be needed (collectively the "City Work").
City intends to self-perform the City Work. City is self-insured. Prior to beginning of
work on the FWWR's right-of-way, City will provide FWWR a copy of the City's self-insured
documentation. City's contractor(s) and subcontractor(s), if any, shall provide FWWR a
certificate of insurance covering the below listed insurance coverage:
Comprehensive General Liability Insurance—Amounts:
Bodily Injury & Property Damage $2,000,000 each occurrence
$2,000,000 Aggregate
Products & Completed Operations $2,000,000 Aggregate
Or
Combined Single Limit $2,000,000
This insurance shall be kept in force until the work described in this contract on FWWR's
right-of-way has been completed and accepted by the City of Fort Worth.
FWWR shall be included as an "Additional Insured." A "Waiver of Subrogation
Endorsement" in favor of FWWR shall be a part of each policy. The City's contractor(s) and
subcontractor(s) shall be responsible for any deductibles stated in the policy(s).
No work is to be performed by the City, City's contractor(s) and subcontractor(s) until
they have provided prior notification to FWWR's dispatch office (817) 731-1180 and the
Director of Planning/Special Projects, at(817) 201-4450.
FWWR shall not be liable to the City or the City's agents, or employees for any injury
to person(s)regardless of cause or of any fault or negligence of FWWR,its agents or employees,
FWWR&City of Fort Worth 2
Main Street Roadway Rehabilitation Agreement
occurring while they are performing services for or on behalf of the City, and the City does
hereby release FWWR from any and all liability and causes of action with respect thereto.
To the extent allowed by law, the City shall indemnify and hold harmless FWWR from
any loss, damage, injury, death, liabilities, claims, fines, actions, costs or expenses whatsoever,
including attorney's fees, which arises as a result of any and all actions of the City, City's
employees or contractor(s)/subcontractor(s), whether such actions are intentional or not.
The City agrees to have its contractor(s)or subcontractor(s), if any, abide by and comply
with all applicable laws, statutes, rules, and regulations of any federal state, or municipal
authority, or any other public body having jurisdiction, including without limitation, laws,
ordinances and governmental regulations controlling air, water, noise, solid wastes and other
pollution, and environmental damages, and to file all reports or statements required in
connection with the conduct of its business in the conduct of its operations hereunder. The City
will provide in its contract with its contractor(s)that the contractor(s) shall indemnify and hold
harmless FWWR from any and all loss, cost or expense whatsoever, incurred by reason of any
violation of such rules and regulations.
If a contractor(s) is to do any work within or upon FWWR's right-of-way or any other
FWWR property,then City shall require its contractor(s)to execute FWWR's form Temporary
Right of Entry Agreement (hereinafter called "TROE"), City acknowledges such requirement
and will inform its contractor(s) of the need to execute the TROE. Under no circumstance will
City's contractor(s) be allowed onto FWWR's right-of-way or any other FWWR property
without first executing the TROE and FWWR retains the right to remove any contractor who
has not executed the TROE.
It is further agreed that the execution of this Agreement shall not constitute a waiver by
FWWR, with respect to third party claims asserted against the City and the City's contractor(s)
and subcontractor(s), of any defense allowed by law.
The terms of this Agreement and all rights and obligations hereunder shall be governed
by the laws of the State of Texas.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed in duplicate on the date herein written.
Executed this ZZ day of J914L)-fiAy 2021.
FWWR&City of Fort Worth 3
Main Street Roadway Rehabilitation Agreement
Fort Worth & Western Railroad Company: City of Fort Worth
By: /�Vt(J/� By. D, zti 8uralulnfF
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Kevin Erasmus, President & CEO Dana Burghdoff,Assistant City
Manager
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Attest: r V 0 T/ o io
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M&C N/A
Date: N/A
Form 1295 No.
APPROVAL RECOMMENDED:
W.. Johnso (Jan 14,202110:17 CST)
William Johnson
Director, Transportation and Public
Works Department
Contract Compliance Manager:
By signing,I acknowledge that I am
the person responsible for the
monitoring and administration of this
contract, including ensuring all
performance and reporting
reauirements.
Digitally signed by Iskal
Q Shrestha
Date:2021.01.13
l / 11:22:56-06'00'
Iskal Shrestha, P.E.
Project Manager
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
FWWR&City of Fort Worth
Main Street Roadway Rehabilitation Agreement
i
Approved as to Form
f�'110I
DBlack(Jan 14,2021 17:57 CST)
Douglas W Black,
Sr. Assistant City Attorney
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
FWWR&City of Fort Worth
Main Street Roadway Rehabilitation Agreement
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FWWR&City of Fort Worth 6
Main Street Roadway Rehabilitation Agreement
Exhibit "B"
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FWWR& City of Fort Worth 7
Main Street Roadway Rehabilitation Agreement
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Exhibit "C"
PROPOSED CROSSING SURFACE WITH CITY OF FORT WORTH
Main Street Roadway Rehabilitation Project Cost Estimate Estimated Cost
Director of Planning $2,125.44
Director of Contracts and Compliance $1,152.76
Signal Modifications $9,390.00
FWWR Provided Flagging '" $5,775.00
Adminastrative pass through for invoicing @ 10% of$9,390.00 $939.00
Total $19,382.20
*Fstimnte provided by Cray for 5 days of flagging at 10 hours per day.
FWWR&City of Fort Worth 8
Main Street Roadway Rehabilitation Agreement