HomeMy WebLinkAboutContract 53261 ,
CITY SECRETARY
pEC 11 QSSING REHABILITATION AGREEMENT
The State of Texas §
§ K now 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 Everman Parkway,
MP 9.01,DOT 797687X, 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 One Hundred Twenty Eight
Thousand Four Hundred Five Dollars and 22/100 ($128,405.22).
FWWR& City of Fort Worth Fy 0RTK1; '-4, 1
Everman Parkway Crossing Rehabilitation Agreement
City agrees to reimburse FWWR the entire cost of all materials, as depicted on Exhibit
"B" in the amount of Seventy One Thousand Five Hundred Ninety Seven Dollars and 30/100
($71,597.30) ("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 Fifty Six Thousand Eight Hundred Seven
Dollars and 92/100 ($56,807.92), 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
Everman Parkway 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 J'7 th day of D e--0—QYr% Q @X' 2019.
Fort Worth&Western Railroad Company: City of Fort Worth
I 1
By: 1 i _ By:
Kevin Erasmus,President& CEO Dana Burg off
Assistant City Manager
It
FWWR&City of Fort Worth ECRE AY
Everman Parkway Crossing Rehabilitation Agreement WOATHt.YX
O�V 00
Attest:
Mary J. Kayser
City Secretary 4FXA5
(Seal)
M&C
Date:
Form 1295 No.
APPROVAL RECOMMENDED:
AL
William M. Johns
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.
j6d 4��
Chad Edwards
Regional Mobility and Innovation
Officer
Approved as to Form
Douglas W Black,
Sr. Assistant City Attorney UFFOCIALi RECURD
FWWR&City of Fort Worth 4
Everman Parkway Crossing Rehabilitation Agreement
Exhibit "A"
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FWWR&City of Fort Worth 5
Everman Parkway Crossing Rehabilitation Agreement
Exhibit "B"
PROPOSED
Weekend Track
Everman Pky Project Material Labor Labor Surfacing Project Cost
FWWR Project Cost $71,597.30 $43,157.92 $0.00 $13,650.00 $128,405.22
Less City of Fort Worth Reimbursement ($71r597.30)
FWWR Participation $56,807.92
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FWWR& City of Fort Worth 6
Everman Parkway Crossing Rehabilitation Agreement