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Home My WebLink AboutContract 55639Fort Worth and Western Railroad REIMBURSEMENT AGREEMENT PRELIMINARY ENGINEERING SERVICES CSC No. 55639 THIS REIMBURSEMENT AGREEMENT (the "Agreement"), effective as of the latest date written by a signatory (the "Effective Date"), is made by and between Fort Worth & Western Railroad Company (hereinafter "Railroad"), and City of Fort Worth (hereinafter "Agency"). RECITALS Whereas, Agency desires to initiate the project more particularly described on Exhibit A attached hereto (the "Project"); and Whereas, The Project will affect Railroad's track and right of way at or near the Project area more particularly described on Exhibit A; and Whereas, Railroad agrees to collaborate with Agency on the conceptualization and development of the Project in accordance with the terms and conditions of this Agreement. NOW THEREFORE, the parties hereto agree as follows: AGREEMENT 1.Railroad, or its representatives (hereinafter "Railroad Group"), at Agency's sole cost and expense, agrees to perform (or shall cause a third-party consultant [hereinafter 'Third Party") to perform on Railroad Group's behalf) the preliminary engineering services work described on Exhibit B attached hereto (the "PE Work"). Agency acknowledges and agrees that: (a)Railroad Group's review of any Project designs, plans and/or specifications, as part of the PE Work, is limited exclusively to potential impacts on existing and future Railroad facilities and operations; (b) Railroad Group makes no representations or warranties as to the validity, accuracy, legal compliance or completeness of the PE Work; and (c) Agency's reliance on the PE Work is at Agency's own risk. 2.The estimated cost of the PE Work is Twenty-Five Thousand Dollars & 00/100 ($25,000.00) (the "Estimate"). Notwithstanding the Estimate, Agency agrees to reimburse Railroad Group for one hundred percent (100%) of all actual costs and expenses incurred for the PE Work, including costs and expenses in excess of the Estimate ("the "Excess Cost"), if any, unless such Excess Costs are due to the cause of Railroad Group. Excess Costs which cause the Agency's total expenditure for PE Work to exceed the Estimate will require additional Agency authorization before payment can be made. During the performance of the PE Work, Railroad Group will provide progressive billing to Agency based on actual costs in connection with the PE Work. Within sixty (60) days after completion of the PE Work, Railroad Group will submit a final billing to Agency for any balance owed for the PE Work. Agency shall pay Railroad Group within thirty (30) days after Agency's receipt of any progressive and final bills submitted for the PE Work. Bills will be submitted to Agency using the contact information provided on Exhibit C. Agency's obligation hereunder to reimburse Railroad Group for the PE Work shall apply regardless if Agency declines to proceed with the Project or Railroad elects not to approve the Project. 3.Agency acknowledges and agrees that Railroad may withhold its approval for theProject for any reason in its sole discretion, including without limitation, impacts to Railroad's safety, facilities, or operations. If Railroad approves the Project, Railroad will continue to work with Agency to develop final plans and specifications and prepare material and force cost estimates for any Project-related work to be performed by Railroad. 4.If the Project is approved by Railroad, Railroad shall prepare and forward toAgency a Construction and Maintenance Agreement (the "C&M Agreement") which shall provide the terms and conditions for the construction and ongoing maintenance of the Project. Unless otherwise expressly set forth in the C&M Agreement, the construction and maintenance of the Project shall be at no cost to Railroad. No construction work on the Project affecting Railroad's property or operations shall commence until the C&M Agreement is finalized and executed by Agency and Railroad. 5.Neither party shall assign this Agreement without the prior written consent of theother party, which consent shall not be unreasonably withheld, conditioned, or delayed. 6.No amendment or variation of the terms of this Agreement shall be valid unlessmade in writing and signed by the parties. 7.This Agreement sets forth the entire agreement between the parties regarding theProject and PE Work. To the extent that any terms or provisions of this Agreement regarding the PE Work are inconsistent with the terms or provisions set forth in any existing agreement related to the Project, 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. BY: CITY OF FORT WORTH Dana Burghdoff Assistant City Manager Date:A pr 17, 2021 APPROVAL RECOMMENDED: ;;;;;o(Apr 15, 2021 08:56 CDT) William Johnson Director, Transportation and Public Works Date: ____ A_pr_l_S_, _20_2_1 _____ _ BY: FORT WORTH AND WESTERN RAILROAD Kevin Erasmus President and CEO Date: �1/zz/21 ----1,�-,., -=-,-, -------- Contract Compliance Manager: By signing, I acknowledge that I am the person resp onsible for the monitoring and administration of this contract, incl uding ensuring all performance and rep orting requi rements. Dlgijally signed by lskal j PA JJ.._ Shrestha � /_ . _/oh"� Date: 2021.04.13 r 07:54:06 -05'00' lskal Shrestha, PE Project Manager APPROVED AS TO FORM AND LEGALITY: DBlack (Apr 16, 202117:00 CDT) Doug Black Assistant City Attorney Date:Apr 16, 2021 ATTEST: Mary J. Kayser City Secretary Date: ____ A_p_r 2_7_,_2_0_21 _____ _ Form 1295 No.:. _________ _ M&C No: ___ N_/A _______ _ M&C Date:. __________ _ Exhibit A Project Description and Location Project Description The project includes the design and construction of traffic signal improvements at 8th and Windsor intersection to improve the perFormance of the intersection. This project requires the installation of conduit, traffic signal foundation, and ground box in the railroad right-of-way. The scope of this project also requires traffic signal preemption. Location Latitude 32.722232, Longitude: -97.343752 4•: �?r r � � ' � �al �- !it _ Par�E'faceAvenue � � � 6ki' ,` ! _ _ _ � r� �� ` N '`� `. �� - `:� '- � Vark Pl.�cc A�xnue ? — I . . \ ` ry� �. � � ;� ,\ `' I I c' • � z � �z � t-' a hrdY� Ot�rr 1 L? I � �3 [-: < ;i '� h r '�.'1 � � � �., � - � � n � = ._ � �,� o � .�� . :� G V � I_ A � 1'ir�[ R�chmand A•vrn�lc " � � ::; �• . � � � b - r; _R4 r!i o � �t�. 32.722232; 97.343752 � '� e R�� -y '+� ' �'i o � � ='_1 3.t1`.�' - E � � �� vt, ��s�� ,� �I ` „ � e � � Qsor Ptxe vY�ndsD` ��« Jc 'rtr,[ Arf�ngton Avrnvr ��S -�� °�' , f ��q � a� � � , � :1 Y ��C,6 . ' . . � _ � + 1. . ` .,��iJ � Q a Vj � �� .� Q �s 4B L�? r r "� HJ r � �.� �' 6 G p ?� � m ^�,� ^ . �' , ^ � i�3 �[- `—� '. 't �j f� � � � a � 4�. � . � � . ... . C i 7 �;; \ �� ' � � rp. � I�LIihCllAvenue - �! �d'hi�tOff4�AVCf1UC ' ' i � � � . .. � �_ � �� . � `� � + 1 � . Dac . . , _ . _. , i c' �'�' � � ' i LI�. ro eoulevud �' I . � (Il�j ' �d f� - �' � 5t'I L '`� Ce�3 i� r � � . - -� : :. . ' � : } � � ��{ : � in r� i� _ ` Leallet � w t7pen�tr�itAap, EXHIBIT B Scope of Project Services Scope of services includes, but is not limited to the following • Field diagnostic(s) and inspections • Plan, specification and construction review • Project design comments and recommendations • Project conceptual design outline • Project agreement preparation • Legal review of proposed agreement • Preparation of Project estimate for force account or other work performed by the Railroad • Meetings and travel Exhibit C Billing Contact Information Name Iskal Shrestha Title Project Manager Address 200 Texas Street, Fort Worth, TX 76102 Work Phone 817-392-7254 Cell Phone 817-935-4013 Email iskal.shrestl�� fortworthtexas.q�v Signature: _ ��''�'" ..z _ Email: Iskal.Shrestha@fortworthtexas.gov