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Home My WebLink AboutContract 57798 CSC No. 57798 WEST 7th STREET IMPROVEMENTS 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 modify and improve the crossing at West 7th Street, DOT 672928L, located at or near MP 4.0,Fort Worth Subdivision,Fort Worth, Tarrant County, Texas (hereinafter called"Project"), as more particularly identified on the print hereto attached,marked Exhibit"A"; and WHEREAS, the Project will be completed per the plans as shown on Exhibit "B" attached hereto; and WHEREAS, City agrees to pay the costs of the Project and reimburse FWWR in the amounts specified in this agreement and as shown in Exhibit "C" attached hereto. NOW THEREFORE,in consideration of the premises and of the promises and conditions set forth in this agreement, the parties hereto agree as follows: FWWR&City of Fort Worth OFFICIAL RECORD West 7th Street Improvements Agreement MP 4.0, DOT#672928L CITY SECRETARY Document#20220623-01 FT. WORTH, TX AGREEMENT: The Railroad shall, subject to the reimbursement provided for in this agreement, furnish the services as shown on Exhibit "C" including but not limited to, flagging services and site inspection at the above location ("FWWR Services"). City agrees to reimburse FWWR the entire cost of all FWWR Services, as depicted on Exhibit "C" , in the amount of Nine Thousand Five Hundred Seventy-One Dollars and 60/100 ($9,571.60) ("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 the City Reimbursement by One Hundred Thousand Dollars ($100,000) or greater will require additional City authorization before payment can be made. City also agrees to provide for the Project, at the City's sole expense, all modifications and improvements as shown on Exhibit "B" and a Traffic Control Plan as 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). FWWR&City of Fort Worth 2 West 7th Street Improvements Agreement MP 4.0, DOT#672928L Document#20220623-01 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, 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. FWWR&City of Fort Worth 3 West 7th Street Improvements Agreement MP 4.0, DOT#672928L Document#20220623-01 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate on the date herein written. T Executed this._ day of u-� 2022. Fort Worth &Western Railroad Company: City of Fort Worth By: `� By: Kevin Erasmus, President&CEO Dana Burghdoff, Assistant City Manager o� FORr 4 a °°000°0 o° Jannafte S-Csoada! g�►o° o�� Attest: l•o �° 0 0 City Secretary ��o d o 4 �� (Seal) d� ° Ici ° °o ��tl SEX ASa�p M&C N/A Date: N/A Form 1295 No. `N/A,__ APPROVAL RECOMMENDED: 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 FWWR&City of Fort Worth 4 West 7th Street Improvements Agreement MP 4.0, DOT#672928L OFFICIAL RECORD Document#20220623-01 CITY SECRETARY FT. WORTH, TX performance and reporting requirements. Leon Wilson, Jr., P.E. Project Manager Approved as to Form WIA DBIack(Jun 29.202212:20 CDT) Douglas W Black, Sr.Assistant City Attorney OFFICIAL RECORD CITY SECRETARY FWWR&City of Fort worth FT. WORTH, TX West 7th Street Improvements Agreement MP 4.0, DOT#672928L Document#20220623-01 Exhibit "A" 00 i � •,�y, n - . i` �� ■ r ! 0 0 0 Ell all , FWWR&City of Fort Worth 6 West 7th Street Improvements Agreement MP 4.0, DOT#672928L Document#20220623-01 lP�P�69 b Ln y c q N Y b 9 x 5 FWWR Paj f FUNK Rau o pia' S A R� L,w n M Dceo'43 A FVWR Row r n� i ■ 1� u , L _ w �' yn 0 y IA FWWR&City of Fort Worth 7 West 7th Street Improvements Agreement MP 4.0, DOT#672928L Document#20220623-01 Exhibit "B" MATCH L IN S A. 38-00.�� IN IV I . � I I I i I ,# 1rFA7 H�INE STA. 4 �0❑ � � T m WEST 7TH STREET FWWR&City of Fort Worth 8 West 7th Street Improvements Agreement MP 4.0, DOT#672928L Document#20220623-01 WAR I AsA�AAM $ANNjj .�, _ p Pf ;R e elm� q IE C 7 � ' y® a a FWWR&City of Fort Worth 9 West 7th Street Improvements Agreement MP 4.0, DOT#672928L Document#20220623-01 'SA�5 SC 9 4F� E2F� 1 tta 3 'T _1 a ecs`� voQa�o� ' 7 f 't'l s I 1 j .�'� 'I ► � $ _ f •� 4 � '1 rr � a ga * ill 4 r. _ y iti.J i� �� o- � w - -°i a z o S co x � WEST 7TH STREET NEST 77N 5"aLEI W110'.FVEVTS X4"4 FWWR&City of Fort Worth 10 West 7th Street Improvements Agreement MP 4.0, DOT#672928L Document#20220623-01 Exhibit "C" FWWR SERVICES COST ESTIMATE West 7th Street Improvements Project Amount Director of Planning $7,598.50 Weekly Site inspection ( estimate 4 trips@ 9 miles per round trip) $1,188.80 Flagging invoice review and tracking pre-paid account $584.50 Subtotal $9,371.80 Accounting Subtotal $180.00 Mileage Subtotal $19.80 Total $9,571.60 FWWR&City of Fort Worth 11 West 7th Street Improvements Agreement MP 4.0, DOT#672928L Document#20220623-01