HomeMy WebLinkAboutContract 55822CSC No. 55822
Fort Worth and Western Railroad
REIMBURSEMENT AGREEMENT
PRELIMINARY ENGINEERING SERVICES
THIS REIMBURSEMENT AGREEMENT (the "Agreement"), effective as of the latest date written
by a signatory (the "Effective Date"), is made by and between Fort Worth & Western Railroad
Company (hereinafter "Railroad"), and City of Fort Worth (hereinafter "Agency").
RECITALS
Whereas, Agency desires to initiate the project more particularly described on Exhibit A
attached hereto (the "Project"); and
Whereas, The Project will affect Railroad's track and right of way at or near the Project
area more particularly described on Exhibit A; and
Whereas, Railroad agrees to collaborate with Agency on the conceptualization and
development of the Project in accordance with the terms and conditions of this Agreement.
NOW THEREFORE, the parties hereto agree as follows:
AGREEMENT
1.Railroad, or its representatives (hereinafter "Railroad Group"), at Agency's sole
cost and expense, agrees to perform (or shall cause a third-party consultant [hereinafter "Third
Party"] to perform on Railroad Group's behalf) the preliminary engineering services work
described on Exhibit B attached hereto (the "PE Work"). Agency acknowledges and agrees that:
(a)Railroad Group's review of any Project designs, plans and/or specifications, as part of the PE
Work, is limited exclusively to potential impacts on existing and future Railroad facilities and
operations; (b) Railroad Group makes no representations or warranties as to the validity,
accuracy, legal compliance or completeness of the PE Work; and (c) Agency's reliance on the PE
Work is at Agency's own risk.
2.The estimated cost of the PE Work is Twenty-Five Thousand Dollars & 00/100
($25,000.00) (the "Estimate"). Notwithstanding the Estimate, Agency agrees to reimburse
Railroad Group for one hundred percent (100%) of all actual costs and expenses incurred for the
PE Work, including costs and expenses in excess of the Estimate ("the "Excess Cost"), if any,
unless such Excess Costs are due to the cause of Railroad Group. Excess Costs which cause
the Agency's total expenditure for PE Work to exceed the Estimate will require additional Agency
authorization before payment can be made. During the performance of the PE Work, Railroad
Group will provide progressive billing to Agency based on actual costs in connection with the PE
Work. Within sixty (60) days after completion of the PE Work, Railroad Group will submit a final
billing to Agency for any balance owed for the PE Work. Agency shall pay Railroad Group within
thirty (30) days after Agency's receipt of any progressive and final bills submitted for the PE Work.
Bills will be submitted to Agency using the contact information provided on Exhibit C. Agency's
obligation hereunder to reimburse Railroad Group for the PE Work shall apply regardless if
Agency declines to proceed with the Project or Railroad elects not to approve the Project.
3.Agency acknowledges and agrees that Railroad may withhold its approval for the
Project for any reason in its sole discretion, including without limitation, impacts to Railroad's
safety, facilities or operations. If Railroad approves the Project, Railroad will continue to work with
Agency to develop final plans and specifications and prepare material and force cost estimates
for any Project-related work to be performed by Railroad.
4.If the Project is approved by Railroad, Railroad shall prepare and forward to
Agency a Construction and Maintenance Agreement (the "C&M Agreement") which shall provide
the terms and conditions for the construction and ongoing maintenance of the Project. Unless
otherwise expressly set forth in the C&M Agreement, the construction and maintenance of the
Project shall be at no cost to Railroad. No construction work on the Project affecting Railroad's
property or operations shall commence until the C&M Agreement is finalized and executed by
Agency and Railroad.
5.Neither party shall assign this Agreement without the prior written consent of the
other party, which consent shall not be unreasonably withheld, conditioned or delayed.
6.No amendment or variation of the terms of this Agreement shall be valid unless
made in writing and signed by the parties.
7.This Agreement sets forth the entire agreement between the parties regarding the
Project and PE Work. To the extent that any terms or provisions of this Agreement regarding the
PE Work are inconsistent with the terms or provisions set forth in any existing agreement related
to the Project, such terms and provisions shall be deemed superseded by this Agreement to the
extent of such inconsistency.
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the
Effective Date.
BY:
CITY OF FORT WORTH
Dana Burghdoff
Assistant City Manager
Date: Jun 8, 2021
APPROVAL RECOMMENDED:
"lJJl.9, 1w joh oo(w;;: 202111:18 CDT)
William Johnson
Director, Transportation and Public Works
Date: Jun 7, 2021
BY:
FORT WORTH
AND WESTERN RAILROAD
Kevin Erasmus
President and CEO
Date: __ �-+A-='2+i/4_z_i _______ _
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 requirements.
Ronak Rekani, PE
Project Manager
APPROVED AS TO FORM AND LEGALITY:
DB\ack (Jun 7, 202115:05 CDT)
Doug Black
Assistant City Attorney
Date: Jun 7, 2021
ATTEST:
Mary J. Kayser
City Secretary
Date: Jun 8, 2021
NIA Form 1295 No.: ----------
NIA M&C No: ------------
M&C Date: NIA ------------
Exhibit A
Project Description and Location
Project Description
Plan review and project coordination for proposed West 7th Street Improvements.
Location
Existing at-grade crossing on the Dublin Subdivision MM 4.0 DOT# 672928L West 7th Street
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EXHIBIT B
Scope of Project Services
Scope of services includes, but is not limited to the following
• Field diagnostic(s) and inspections
• Plan, specification and construction review
• Project design comments and recommendations
• Project conceptual design outline
• Project agreement preparation
• Legal review of proposed agreement
• Preparation of Project estimate for force account or other work pertormed by the Railroad
• Meetings and travel
Exhibit C
Billing Contact Information
Name Ronak Rekani
Title Project Manager
Address 200 Texas Street, Fort Worth, TX, 76102
Work Phone 817-392-6591
Cell Phone � 682-301-2034
Email Ronak.Rekani@fortworthtexas.gov