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HomeMy WebLinkAboutContract 51779 �b CITY SECRETARY CONTRACT NO. 51-7-79 CROSSING 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, FWWR and City desire to rehabilitate the crossing at West 7th Street, MP 4.0, DOT 672928L, 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 Sixty Three Thousand Five Hundred Thirty-Two Dollars and 99/100 ($63,532.99), as more 2 3 4 s-_�articularly described on Exhibit "B. City agrees to reimburse FWWR the entire cost of all materials, as depicted on Exhibit RECEIVED B in the amount of Sixty One Thousand Five Hundred Thirty-Two Dollars and 4/100 JAN 24 V OFFICIAL RECORD CIV OFFORT%0R'WWWR&City of Fort Worth CITY SECRETARY rVSVETAV West 7th Street Crossing Rehabilitation Agreement FT WORTH,TX ($61,532.94) ("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, 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 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 West 7th 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 thisZ7 day of 2018. Fort Worth&Western Railroad Company: City of Fort Worth By: _ _ By: Kevin Erasmus, President& CEO Sus nis, Assistan ity, anagerOR Jr, � Attest: _ C.1 City Se y (Seal) ��`� NI&c NA OFFICIAL RECORD CITY SECRETARY FWWR&City of Fort Worth FT WORTH,TX 3 West 7th Street Crossing Rehabilitation Agreement Date: i i+ Form 1295 No. APPR AL RECOMMENDED: Steve ooke 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 require ents. Lissette Acevedo, P.E., PTOE, PMP Engineering Manager Approved as to Form 9�6�� Douglas W Black, Sr. Assistant City Attorney OFFICIAL.RECORD FWWR&City of Fort Worth CITY 5ECRETARX West 7th Street Crossing Rehabilitation Agreement FT. WORTH,TX Exhibit ®A" r � ��� ■ � � . \ *- 7 f I � � e L& E � � � � �� ■� �� 4 �- _ ~\ ¥ _ �2 ■� _ . r � ' f cob ƒA Z �. FWgR&City¥Fort Worth 5 &e 7th SleetCrossing Rehabilitation Agreement Exhibit "B" PROPOSED CROSSING REHABILITAION WITH CITY OF FORT WORTH Weekend Track 7th St. Crossing (Porject)* Material Labor labor Surfacing Project Total FWWR Project Cost $61,532.94 $52,562.30 $0.00 $10,970.69 $125,065.93 City of FW Reimbursment" $61,532.94 FWWR Participation $63,532.99 FWWR&City of Fort Worth 6 West 7th Street Crossing Rehabilitation Agreement FORT WORT FWWR at W. 7th Surface Improvements December 13, 2018 The existing roadway surface crossing over the FWWR along W. 7t'' Street has been in poor condition for several years. In recent months, it has deteriorated significantly, resulting in damage to citizen tires and two emergency rail repairs. W. 7th Street carries over 26,000 vehicles per day. The following pictures document the existing conditions of the crossing: •h :.,,� a 'r„ II' � 4 a FWWR is also interested in repairing this crossing to improve their operations. The City and FWWR have negotiated a cost sharing agreement to repair this crossing, where the City pays 49% of the cost and FWWR pays the remaining 51%. The City's participation is limited to $61,532.94. The City's Attorney's office has reviewed and approved the agreement language. This project is funded by the 2014 Bond Railroad Safety Program. The proposed improvements will require a complete closure of W.7th Street for two (2) days. City staff is working on determining the best time for this closure, which is expected to be over a weekend. The Public Outreach plan is also being developed to provide the advanced notice for this closure.