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Home My WebLink AboutContract 56192 CSC No.56192 PREEMPTION PROJECT 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, City desires to install various preemption circuits within FWWR's right-of- way at 10 crossings located in Fort Worth, Tarrant County, Texas (the "Project"), as more particularly identified on Exhibit "A" attached hereto and made a part hereof. The Project will be completed per the plans as shown on Exhibit `B" attached hereto.; and WHEREAS, City agrees to pay the costs of the Project and reimburse FWWR in the amounts specified in this agreement and as shown in Exhibit"C" 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 preemption modification services for the Project at the locations shown on Exhibit "A" ("FWWR Services"). OFFICIAL RECORD CITY SECRETARY FWWR&City of Fort Worth Preemption Project Agreement FT. WORTH, TX Document#20210604-01 City agrees to reimburse FWWR the entire cost of all FWWR Services, as depicted on Exhibit C, in the amount of Seventy-Three Thousand Two Hundred Sixteen Dollars and 201100 ($73,216.20) ("City Reimbursement"). City also agrees to reimburse FWWR for FWWR Services 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 Project, at the City's sole expense, all necessary hardware and software modifications and upgrades to City's signal system to maintain connectivity between the City's signal system and FWWR's signal system (collectively the"City Work"). City intends to self-perform the City Work. City is self-insured. Prior to beginning of work on the FWWR'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 FWWR'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, FWWR&City of Fort Worth 2 Preemption Project Agreement Document#20210604-01 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 have its contractor(s) or subcontractor(s), if any, 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. If a contractor(s) is to do any work within or upon FWWR's right-of-way or any other FWWR property, then City shall require its contractor(s) to execute FWWR's form Temporary Right of Entry Agreement (hereinafter called "TROE"), City acknowledges such requirement and will inform its contractor(s) of the need to execute the TROE. Under no circumstance will City's contractor(s) be allowed onto FWWR's right-of-way or any other FWWR property without first executing the TROE and FWWR retains the right to remove any contractor who has not executed the TROE. It is farther 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 laws 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_JT�day of �� 2021. FWWR&City of Fort Worth 3 Preemption Project Agreement Document#20210604-01 Fort Worth& Western Railroad Company: City of Fort Worth BY � :�_9nq_g��±�of�__�. _ B Y Kevin Erasmus, President& CEO Dana Burghdoff, Assistant City Manager a� FoRr��aa ° Oio°00000°o� �� Attest: !? /► 0 ° 0A d Acting City Secretary o ° 0 000 o d (Seal) °o d000000000 a M&C a��EXAS.oAp Date: Form 1295 No. APPROVAL RECOMMENDED: lJ ,k-29 50:92-0T. William Johnson 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. Jin Yang, P.E. Project Manager OFFICIAL RECORD CITY SECRETARY FWWR&City of Fort Worth FT. WORTH, TX Preemption Project Agreement Document##20210604-01 Approved as to Form 91M' l 'qqi , ;) :. :4 Douglas W Black, Sr. Assistant City Attorney OFFICIAL RECORD FWWR&City of Fort Worth CITY SECRETARY Preemption Project Agreement Document#20210604-01 FT. WORTH, TX Exhibit "A" Install Traffic Signal health relays at the following locations: Berry St MM 0.4 FTW Sub Suffolk Dr MM 1 .7 Dublin Sub Seminary Dr MM 2. 1 Dublin Sub Bilglade Dr MM 2.7 Dublin Sub Gorman Dr MM 3.4 Dublin Sub Hulen St MM 4.5 Dublin Sub Maddox Ave MM 1 .1 Everman Sub Granbury Cut-off MM 5.0 Dublin Sub Richmond Ave MM 1 .3 Everman Sub Belden Ave MM 3. 1 Dublin Sub Install Gate Down relays at the following locations: Seminary Dr MM 2.1 Dublin Sub Belden Dr MM 3. 1 Dublin Sub Richmond Ave MM 1 .3 Everman Sub FWWR&City of Fort Worth 6 Preemption Project Agreement Document#20210604-01 Exhibit `B" TOTAL PROJECT ➢ROPffiEO MATE9IALQTEM5ASL KT TO CHANGE AS REQUIRED tQYY L PRICE PER TOTAL RELAY,500 OHM(SIEMENS AND/OR ALSTOM) 16 EA S 1,215.00 5 19,440-00 RELAY SOCKET BASE ASSEMBLY WITH TEST POST KIT i6 EA 5 10&0D 5 1,721100 RELAY RACK 3 EA 5 337.50 S 1,012 50 FIELD WIRING MISC.(RING TERMINALS,FLAGS,WIRE,ETC.) _ LT S 2.700.00 5 2.700.00 5 24,680.50 LOCATION MATERIAL BREAKDOWN Granpury£ut-Off QtY U/M RELAY,500 OHM(SIEMENS AND/OR ALSTOM) i EA RELAY SOCKET BASE ASSEMBLY WITH TEST POST KIT 1 EA Hulan St RELAY,500 OHM JSIEMENSAND/ORALSTOM) 1 EA RELAY SOCKET BASE ASSEMBLY WITH TEST POST KIT I EA Gorman Dr. RELAY,500 OHM(SIEMENS AND/OR ALSTOM) 1 EA RELAY SOCKET BASEASSEMBLY WITH TESTPOST KIT 1 EA 9ilglade Dr, RELAY,500 OHM{SIEMENS ANO/OR AL5TOM) 1 EA RELAY SOCKET BASE ASSEMBLY WITH TE5T POST KIT 1 EA Su ffol6 or RELAY,500 OHM(SIEMENS AND/OR ALSTOM) 1 EA RELAY SOCKET BASE ASSEMBLY WITHTESTPOSTKrr 1 EA Be"St. RELAY,500OHM(SIEMENS AND/OR ALSTOM) 1 EA RELAY SOCKET 9ASEASSEMBLY WITH TEST POST KIT 1 EA Maddox Ave. RELAY,500 OHM(51EMENS AND/OR ALSTOM) 1 EA RE LAY SOCKET BASE ASSEMBLY WrrH TEST POST KIT 1 EA Richmand Ave. RELAY,500 OHM{SIEMENS AND/OR ALSTOM) 3 EA R ELAY SOCKET BASE ASS EMBLYWITH TEST POST KIT 3 EA RELAYRACK 1 EA Ifeldon Dr RELAY,500 OHM ISIEMENSAND/ORALSTOM) 3 EA RELAY SOCKET BASE ASSEMBLY WITH TEST POST KIT 3 EA RELAY RACK 1 EA Seminary RELAY,5000HM(SIEMENS AND/OR ALSTOM) 3 EA RELAY SOCKET BASE ASSEMBLY WITH TEST POST KIT 3 EA RELAY RACK 1 EA FWWR&City of Fort Worth 7 Preemption Project Agreement Document#20210604-01 Exhibit "C" FWWR Services Cost Estimate Estimated Cost Director of Planning $2,125.44 Director of Contracts and Compliance $1,152.76 Preemption Modifications $63,580.00 Administrative pass through for invoicing @ 10% of $63,580.00 $6,358.00 Total $73,216.20 FWWR&City of Fort Worth 8 Preemption Project Agreement Document#20210604-01