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HomeMy WebLinkAboutContract 58074 DocuSign Envelope ID: B4B705E9-CDB9-4EB6-962C-8550D29806FF CSC No. 58074 UPRR REMS Project 771414 AUTHORIZATION FOR CROSSING IMPROVEMENTS Effective Date: 9/6/2022 THIS AUTHORIZATION FOR CROSSING IMPROVEMENTS ("Agreement") is made and entered into as of the Effective Date above, by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation ("Railroad"), and CITY OF FORT WORTH, TEXAS ("Agency"). RECITALS In accordance with the terms and conditions of this Agreement, Agency and Railroad desire to improve the existing crossing area ("Project") along, over and across Railroad's track and right of way, as such crossing area is more particularly described on Exhibit A attached hereto and made a part hereof("Crossing Area"). AGREEMENT NOW THEREFORE, the parties hereto agree as follows: 1. Railroad agrees to perform the Project work described on Exhibit B attached hereto the ("Railroad Work"). Railroad's estimated cost for the Railroad Work is included on Exhibit C attached hereto ("Estimate") and may include without limitation costs of engineering review, construction, inspection, flagging, procurement and delivery of materials, equipment rental, manpower and all direct and indirect overhead labor/construction costs, including Railroad's standard additive rates. Such standard additive rates may be subject to upward or downward adjustment based on industry standards and practices, and the parties acknowledge and agree that any such adjustment to standard additive rates may be made retroactively. 2. Agency has appropriated sufficient funds to complete the Project and shall reimburse Railroad for costs incurred by Railroad in connection with the Railroad Work in accordance with Exhibit D attached hereto. 3. If Agency will be performing any Project work, such work is described on Exhibit B attached hereto ("Agency Work"). Agency shall perform the Agency Work, if any, at its sole cost, and Railroad consents to Agency (or any contractor or other agent hired by Agency) performing the Agency Work within the Crossing Area, subject to complying with the terms and conditions of this Agreement. Railroad's consent shall not be deemed to grant Agency (or any contractor or other agent hired by Agency) any property interest in the Crossing Area or other Railroad property. 4. If Agency hires a contractor or other agent to perform the Agency Work, Agency shall require such contractor or agent to execute Railroad's then current form of Contractor's Right of Entry Agreement and to comply with the requirements set forth therein. 5. No work of any kind shall be performed, and no person, equipment, machinery, tools, materials, vehicles or other items shall be located, operated, placed or stored within twenty- five (25) feet of any track at any time for any reason except as otherwise provided herein. Prior to commencing the Agency Work, and if the performance of any Agency Work requires any person OFFICIAL RECORD CITY SECRETARY 1 FT. WORTH, TX DocuSign Envelope ID:B4B705E9-CDB9-4EB6-962C-8550D29806FF or equipment to be within twenty-five (25)feet of any track, Agency shall provide Railroad at least thirty (30) working days advance notice of the performance of such proposed work, and upon Railroad's receipt of such notice, Railroad will determine and inform Agency whether a flagman need to be present or whether Agency needs to implement any special protective or safety measures. Subject to Exhibit D, in the event that flagging or other special protection or safety measures are required to be performed in connection with the Railroad Work specifically or the Project generally, and regardless if the costs for such measures are included in the Estimate, Agency shall be responsible for all such costs incurred in connection therewith. 6. 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. Prior to commencing any Agency Work, Agency shall visit up.com/CBUD to complete and submit the required form to determine if fiber optic cable is buried anywhere on Railroad's property to be used in connection with the Agency Work. If fiber optic cable is present, Agency will telephone (or will cause its contractor or agent to coordinate) the telecommunications company(ies) involved, arrange for a cable locator, and make arrangements for relocation or other protection of the fiber optic cable. 7. Agency, for itself and for its successors and assigns, hereby waives any right of assessment against Railroad, as an adjacent property owner, for any and all improvements made under this Agreement. 8. 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. 9. This Agreement sets forth the entire agreement between the parties regarding the Project and the installation and maintenance of the Project improvements within the Crossing Area. To the extent that any terms or provisions of this Agreement regarding the installation and maintenance of such Project improvements are inconsistent with the terms or provisions set forth in any existing agreement affecting the Crossing Area, 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. CITY OF FORT WORTH, TEXAS UNION PACIFIC RAILROAD COMPANY, a Delaware Corporation Fi OCUSigned by: ii�G�rtvid William Johnson(A g30,202216:19 CDT) Signature S igna ure William M. Johnson Erik Lewis Printed Name Printed Name Assistant City Manager _Manager I, Engineering — Public Projects Title Title OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 2 DocuSign Envelope ID:B4B705E9-CDB9-4EB6-962C-8550D29806FF APPROVAL RECOMMENDED: By: Z-Vi/,+i P11� Lauren L Prieur, Interim Director Transportation and Public Work APPROVED AS TO FORM AND LEGALITY: �l By: Douglas W. Black Senior Assistant City Attorney FORM 1295: N/A CONTRACT AUTHORIZATION M&C: N/A Date Approved: N/A ATTEST: 00��� B\ °i c r_ a u o c.n8 CDT) r , J 0 °°O4 'lam Jannette Goodall �� °000Opp0000 d d City Secretary ��,�EXASa�p 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. By: Tariqul Islam(Aug 25,202213:51 CDT` Tariqul Islam Project Manager 3 DocuSign Envelope ID: B4B705E9-CDB9-4EB6-962C-8550D29806FF EXHIBIT A Description of Crossing Location Street Long Avenue DOT# 275243M Subdivision Choctaw Milepost 751.039 City Fort Worth State TX County Tarrant DocuSign Envelope ID: B4B705E9-CDB9-4EB6-962C-8550D29806FF EXHIBIT B Scope of Work Railroad Work: • Construction observations and inspections Agency Work: Replacement of existing bridge deck. DocuSign Envelope ID: B4B705E9-CDB9-4EB6-962C-8550D29806FF EXHIBIT C Estimate Cover Page (see attached) DocuSign Envelope ID: B4B705E9-CDB9-4EB6-962C-8550D29806FF ESTIMATE OF MATERIAL AND FORCE ACCOUNT WORK BY THE UNION PACIFIC RAILROAD COMPANY FOR FORT WORTH TX DESCRIPTION OF WORK: Fort Worth, TX 275243M.Removal and replacement of bridge deck. Union Pacific Railroad to provide plan review, construction management, coordination,and observation.Project location: Fort Worth, TX,Long Avenue,MP 751.039 Choctaw Subdivision,DOT 275243M. LOCATION: FORT WORTH STATE: TX DATE: 08/08/2022 DESCRIPTION LABOR DIRECT COSTS TOTAL JOB 001 -ENGINEERING Engineering Labor $2,500 $0 $2,500 Engineering Consultant $45,000 $2,500 $47,500 TOTAL PROJECT: $47,500 $2,500 $50,000 EXISTING REUSABLE MATERIAL:NONE EXISTING NONREUSABLE MATERIAL:NONE TOTAL ESTIMATED COST OF PROJECT LESS CREDITS: $50,000 THE ABOVE FIGURES ARE ESTIMATES ONLY AND SUBJECT TO FLUCTUATION. IN THE EVENT OF AN INCREASE OR DECREASE IN THE COST OR QUANTITY OF MATERIAL OR LABOR REQUIRED,THE RAILROAD WILL BILL FOR ACTUAL CONSTRUCTION COSTS AT THE CURRENT EFFECTIVE RATE. DocuSign Envelope ID: B4B705E9-CDB9-4EB6-962C-8550D29806FF EXHIBIT D Reimbursement Method Agency agrees to reimburse Railroad for ONE HUNDRED PERCENT (100%) of actual costs incurred by Railroad in connection with the Railroad Work. During the performance of the Railroad Work, Railroad will provide progressive billing to Agency based on Railroad's actual costs. Within one hundred twenty (120) days after completion of the Project, Railroad will submit a final billing to Agency for any balance owed Railroad in connection with the Railroad Work. Agency shall pay Railroad within thirty (30) days after Agency's receipt of any progressive and final bills submitted by Railroad.