HomeMy WebLinkAboutContract 50710 gA0 11 12
$ q y CITY 87"TrUARY
CON1 ma No.
CROSSING REHABILITATION AGREEMENT
CJP4 20N%
p.. Ae. o.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, FWWR and City desire to rehabilitate the crossing at North Main Street,
MP 5.69, DOT 672931U, Tarrant County, Fort Worth, Texas, as more particularly identified on
the print hereto attached, marked Exhibit "A" made a part hereof; and
WHEREAS, FWWR and City agree to share the costs of the rehabilitation as provided
in Exhibit "B"made a part hereof and in the amounts respectively specified in this agreement;
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 labor, materials, equipment, flagging services and supervision for crossing
rehabilitation at the above location(the "Project"). The Railroad's participation is limited to
Eighty Thousand Four Hundred Seventy Five Dollars & 12/100 ($80,475.12), as more
particularly described on Exhibit "B.
,,, City agrees to reimburse FWWR the entire cost of all materi de icted on Exhibit
�' the amount of Seventy-Seven Thousand Nine Hundred Forty- Dollars and 72/1
o�Fo�Q� l ILIAL RECORD
FWWR& City of Fort worth CITY SECRETARY
N. Main Street Crossing Rehabilitation Agreement FT.VYO�'H�'�')(
($77,941.72) ("City Reimbursement"). City also agrees to reimburse FWWR for Project 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 crossing rehabilitation, at the City's
sole expense, 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 Railroad'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 the
Railroad'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, 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
FWWR& City of Fort Worth 2
N. Main Street Crossing Rehabilitation Agreement
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, and if any, to have its contractor(s) or subcontractor(s) 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.
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 law 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 X?*hday of 2018.
OFFICIAL RECORD
CITY SECRETARY
Fort Worth& Western Railroad Company: City of Fort Worth FT.WORTH,TX
/6
By: _ B
Kevin Erasmus, President & CEO dusAlanis, Assistant City Manager
Attest:
City Secretary OF FO/ZT
(Seal)
M&C n/a * _
.XAS
FWWR&City of Fort Worth 3
N. Main Street Crossing Rehabilitation Agreement
Date: n/a
Form 1295 No. n/a
AP OVAL RECOMMENDED:
DouglaOV. Wiersig, P.E.
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
ensurin all performance and reporting
requ' en
Lissette Acevedo, P.E., PTOE, PMP
Engineering Manager
OFFICIAL RECORD
CITY SRCRlTyARY
I�e 9 m x
FWWR& City of Fort Worth 4
N. Main Street Crossing Rehabilitation Agreement
Approved as to Form and Legality:
—avorOL wo m4e-- All
Douglas W. Black
Sr. Assistant City Attorney
FWWR& City of Fort Worth 5
N. Main Street Crossing Rehabilitation Agreement
Exhibit ®A'
North Ma n S.
FWVVR m5.69
.
. �
. , j7, k
-
,
■ �� � .
. �
� _ +
•�\ � � - � � : -
�
-
�§ � � -
'Jr . � . 3L
FWWR&City @ Fort Worth e
N. Main SleetCrossing Rehabilitation Agreement
Exhibit "B"
PROPOSED CROSSING REHABILITATION WITH CITY OF FORT WORTH
Weekend Track Project
N. Main St.Crossing(Project) * Material Labor Labor Surfacing Total
FWWR Project Cost $77,941.72 $66,578.91 $0.00 $13,896.21 $158,416.84
City of FW Reimbursement** $77,941.72
FWWR Participation $80,475.12
*Trac Works is the recommended bidder f or this project **Material Costs plus Excess Cysts
FWWR& City of Fort Worth 7
N. Main Street Crossing Rehabilitation Agreement