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Home My WebLink AboutContract 52372 RECEIVED oej 4 2019 CITY SECRETAR Y .. F9R��p0� CR1'0FF0RTWOR CONTRACT NO. 7oZ G�CF�SES� CfIYSECRE7* 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 Will Rogers Blvd., MP 7.4, DOT 448423R, 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 in the amounts respectively specified in this agreement and as shown in Exhibit"B" made a part hereof; 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") and shall pay the Project cost of Eighty Eight Thousand Nine Hundred Fifty-Three Dollars and 22/100 ($88,953.22). f0FFICIAL RECORD FWWR&City of Fort Worth TY SECRETiflIRY Will Rogers Blvd. Crossing Rehabilitation Agreement t WORTH,Tx City agrees to reimburse FWWR the entire cost of all materials, as depicted on Exhibit B, in the amount of Forty Five Thousand Seven Hundred Ninety-Four Dollars and 60/100 ($45,794.60)("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. The Railroad's participation is limited to Forty Three Thousand One Hundred Fifty-Eight Dollars and 62/100 ($43,158.62), as more particularly shown on Exhibit"B. 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&City of Fort Worth 2 Will Rogers Blvd. Crossing Rehabilitation Agreement 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, 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 -4 day of ;95)V " 2019. Fort Worth& Western Railroad Company: City of Fort Worth By: By:; I Kevin Erasmus,President& CEO S 4 an A nis,Assistant City Manager FWWR&City of Fort Worth OFFICIAL RECORD Will Rogers Blvd. Crossing Rehabilitation Agreement CITY SECRETARY FT. WORTH,TX �QRJ- J o T Y ity Secretary AtW.tF y: (Seal) M&C Alj2�y . Ka Secretary Date: Form 1295 No. A PLVRECO "ENDED: Steve ooke Interim 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 requirements. Chad Edwards Regional Mobility And Innovation Officer Approved as to Form Douglas Black, Sr. Assistant City Attorney OFFICIAL RECORD FWWR& City of Fort Worth CITY SECRETARY Will Rogers Blvd. Crossing Rehabilitation Agreement FT. WORTH,TX Exhibit "A" r I s i e+ � 4 _ irk f . FWWR&City of Fort Worth 5 Will Rogers Blvd. Crossing Rehabilitation Agreement Exhibit "B" PROPOSED CROSSING REHABILITATION WITH CITY OF FORT WORTH Weekend Track Project Will Rodgers Blvd Project* Material Labor Labor Surfacing Cost FWWR Project Expense $45,794.60 $35,099.87 $0.00 $8,058.75 $ 88,953.22 Less City of Fort Worth Reimbursement ** $ (45,794.60) FWWR Participation $ 43,158.62 *Trac Works is the recommended bidder for this project **Material cost and Excess Cost reimbursed to FWWR FWWR&City of Fort Worth 6 Will Rogers Blvd. Crossing Rehabilitation Agreement