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Home My WebLink AboutContract 57481 CSC No.57481 TRAFFIC SIGNAL IMPROVEMENT 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 improve the traffic signal system located at the intersection of Bch Avenue and Windsor Place, DOT 672914D, located at or near Mile Post 1.95, Fort Worth Subdivision, Tarrant County, Fort Worth, Texas (hereinafter called "Project"), as more particularly identified on the print hereto attached, marked Exhibit"A"; and WHEREAS, 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" attached hereto. NOW THEREFORE, in consideration of the premises and of the promises and conditions set forth in this agreement, the parties hereto agree as follows: OFFICIAL RECORD FWWR&City of Fort Worth 1 Traffic Signal Improvement Agreement CITY SECRETARY 811 Ave. and Windsor Place, DOT#797685J MP 1.95, Fort Worth Subdivision FT. WORTH, TX Document No. 20220411-01 i AGREEMENT: The Railroad shall, subject to the reimbursement provided for in this agreement, furnish all labor, materials, equipment, flagging services and supervision for the Project at the above location ("FWWR Services"). City agrees to reimburse FWWR the entire cost of all FWWR Services, as depicted on Exhibit C, in the amount of Forty-Four Thousand Eight Hundred Eight Dollars and 29/100 ($44,808.29) ("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 the City Reimbursement by One Hundred Thousand Dollars ($100,000) or greater will require additional City authorization before payment can be made. City also agrees to provide for the Project, at the City's sole expense, relocation of the traffic control system including but not limited to, all signs, signals, markings, other warning devices,and their supports along roadway approaches and at grade crossing and a Traffic Control Plan as needed (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&City of Fort Worth 2 Traffic Signal Improvement Agreement 8"'Ave. and Windsor Place, DOT#797685J MP 1.95, Fort Worth Subdivision Document No. 20220411-01 i i 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 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 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. FWWR&City of Fort Worth 3 Traffic Signal Improvement Agreement 8th Ave. and Windsor Place, DOT#797685J MP 1.95, Fort Worth Subdivision Document No. 20220411-01 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 26 day of April 2022 Fort Worth & Western Railroad Company: City of Fort Worth By: i By?", , Kevin Erasmus, President& CEO Dana Burghdoff, Assistant City Manager �,davnan� pF°FAR T�0 p�o �Q�� Attest:J ette S.Goodall(Apr 27,202213: CDT) 0 v o 0 2 City Secretary Pa0000 o °°°°°°°°°° b (Seal) n �EXASoAp M&C N/A Date: N/A Form 1295 No. N/A APPROVAL RECOMMENDED: William Johnson Director, Transportation and Public Works Department Contract Compliance Manager: OFFICIAL RECORD FWWR& City of Fort Worth 4 Traffic Signal Improvement Agreement CITY SECRETARY 81h Ave. and Windsor Place, DOT#797685J MP 1.95, Fort Worth Subdivision FT. WORTH, TX Document No. 20220411-01 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. /flfe ff - r ,utlha Mal Shrestha(Apr 20,2022 10:34 COT) Project Manager Approved as to Form WA Mack(Apr?S.202212:44 CDT) Douglas W Black, Sr. Assistant City Attorney OFFICIAL RECORD FWWR&City of Fort Worth CITY SECRETARY 5 Traffic Signal Improvement Agreement 811 Ave. and Windsor Place, DOT#797685J FT. WORTH, TX MP 1.95, Fort Worth Subdivision Document No. 20220411-01 Exhibit "A" rr o ,o 1 pr fir- Iwo - iA i - FWWR&City of Fort Worth 6 Traffic Signal Improvement Agreement 81'Ave. and Windsor Place, DOT#797685J MP 1.95, Fort Worth Subdivision Document No. 20220411-01 Exhibit "B" ;. •x 'FFFJ m z, pp - a_ P 6 • I i 21l t J s - *' A-^ — TH w, [- ---1 - -1 1 1 01 Pz I , •" , 1 I 1�■9��ti 1 I • 3' 1 . 1 I 1 1ll�x I , I i I I I i I I I L__ I � a� d d A �.kolo�� ❑4®I� .t-P le jr Al silI AYI'•1 -W NI Ai,7z'TPAFFK7 SIGNAL I.WW)VF.WN-F% FWWR&City of Fort Worth 7 Traffic Signal Improvement Agreement 81h Ave. and Windsor Place, DOT#797685J MP 1.95, Fort Worth Subdivision Document No. 20220411-01 i ppk�� It 8 y � I � rc.'_'� f.'v:•tlf rill ..-•-�---.-- .�.... ,.�_f.. �� :If=fir •I F-- ._.._.__._... .. .rt u 'M I rg �fj% _ !9 w, 1. Z y' !l 10 e i „ Ml.�vFKF rF A r WND90R PLACE-?PAFFt[SWINAC R -w'svE.FIEws FWWR&City of Fort Worth 8 Traffic Signal Improvement Agreement 81h Ave. and Windsor Place, DOT#797685J MP 1.95, Fort Worth Subdivision Document No. 20220411-01 7' 3 I aq F 7 r.. . + Pn 7 F vk E / F zj W NWW W W n GG11 O n r MI 1 VF'N.iF.IT WiNFIV*M.ACP.TRAMC SIGNAL kFM1VEWN`1 FWWR&City of Fort Worth 9 Traffic Signal Improvement Agreement 8th Ave. and Windsor Place, DOT#797685J MP 1.95, Fort Worth Subdivision Document No. 20220411-01 _� I I P I y - 5 !NTH ;''E' 1E r � RTII A WN E AT WlNI1.SLIR FI A0 TRAFX'IC 44NAL I%VItr)VI 5K 1 5 FWWR&City of Fort Worth 10 Traffic Signal Improvement Agreement 8t"Ave. and Windsor Place, DOT#797685J MP 1.95, Fort Worth Subdivision Document No. 20220411-01 Exhibit "C" FWWR SERVICES COST ESTIMATE 8th Avenue and Windsor(DOT 672914D) Signal Rehabilitation Project Amount FWWR Project Cost $5,403.64 Signal Modification Cost(see attached CDL Electric Company, Inc. proposal) $7,469.68 FWWR Administrative Cost (10%of Signal Modification Cost) $749.97 Flagging Cost(27 days @ 10 hrs.per day(includes 2 hrs.per day at over time rate)) $31,185.00 Total $44,808.29 FWWR&City of Fort Worth 11 Traffic Signal Improvement Agreement 8'Ave. and Windsor Place, DOT#797685J MP 1.95, Fort Worth Subdivision Document No 20220411-01 CDLw Proposal Railroad.kgnal Dnon 00M, i c;,;1:p.)d t' rtAc nv sooutkms Lea N.WoMmk:eror P4=buq,a®M Ph,(QQ13314MG wr�r.odrriK#k mr PROPOSAL SUBMITTED TO: PHONE: DATE: Foot Furth&WastQm (866)U99 2826 fatmm 3,2>S" 5TRFFT: JOB V kME: 6300 R.idglaa PL, 5ts 1100 Prima Cabla Instal3arian(672 914 D) CrlrY,STATE mad ZIP CODE: JOB LOCAT141s: Fort Worth, TX 76116 8'&Wimilsor COrr ACT: JOB N.rj1.\M $ill Paritar-wrp ii.iu%zslat XCP-1101 lira barab-� sub=t spec:ficanDm and as==ws for R-03LIlGi__ nCable R"&Windsor ffi7?914D: CDL Electric proposes to maha modiEcadimss at the location listad abovv.Incbadad in this propoul is the numriz:. labor, and equ ipasaot to instill a mar pn=ptim cable at to locz6na listed above.At this tom,tho Cirv's contractor wM b4 pre i&ng and aum fling tba preempdon boar.A,ftar all modifisatiatls nra complete,wn WM POPM-h-tuSt and g:aca tba MMMiag Mtom bash in smlrica. Any e:srhaad or w3daaFo=d utiiEities that mzv inro_am w th rha inst Oawa or proper operabon of t6.a proposal work mast ba relooftd at the azpanso of otan. C.D-L.Elactrsa,Iacorporatad vrM not bib respousiblo for any cosr(%; assaciatnd wrth:abor or matarialts)rKuixod to reiocare ntiliaes at this location_ If concsata,asphalt or any other typo of roadMW4`wa&-ay material must bo ramavvd for tba proper installation and operation of the proposed work,titan addiiticaal chargas may apply. C-D.L.Elactnc, Iacarp=orawd will not ba rospon-mblo for any cost(s)associated with labor or mataria.l(a)ray replace caacroW asphalt or ant otbar taupe of roadss-aT wal way*matmtal ivmn4-ad during tlaa installaton process of tho proposed simud rsatarial. Wa bomby p ropDw m&sris a r u mrial and labor—camp7Am=ascard mw w2h abmv spxmfimoak for d a sum of 27. 0..69. Ile prise bceakdovn is as-foIlam: Mwterial-Sea hams an Mwmral List and HzwEing Gauges: 1944.69 Labor-Cmw Mobilisat A Clow Iu;all.C'ffica;np£m-t,ProjectMMmt.: 53,0 0.00 FgoipmQnt-Trua(s)wrath Trallar(s),lei wnitar Total SalUn t Rnco: %7r4-64.69 FWWR&City of Fort Worth 12 Traffic Signal Improvement Agreement 81h Ave. and Windsor Place, DOT#797685J MP 1.95, Fort Worth Subdivision Document No. 20220411-01 RCP-1101.Preeroptson Cable.P&Windsor j672 914 Da continued- PROPOSED MATERIAL(MEW StJBJ =TO CHANGE AS REQUIRED) QTi Y UM CONDUIT,FTrMGS,ELBOWS I LT CABLE,SIGNAL U.G..12 CORD. 14 AWG 50 Fr 14IISC_WIRING,TAGS,LABELS I LT Please Note the fallowing: I. Proposed Pricing is valid for Ninety(90)days ftam the dace of this Proposal,beyond 90 days prices are mbject to change 2. Proposed pricing is based an Lamp Sam 3. Tons:Nat Duo 30 Days fian Invoice Ddo 4. This proposal may be wWidrawn by as if not accepted widbin M%V. (90)days S. Craw labor will be paid per their standard pay wages with overtime whan applicable,and iachide standard benefit pactage as outlined in th&employee handbook 6. Pticing is based on craw being allowed to wort mmrestrictod hags scm days per week 7. If traffic control for the public roadway,other than typical"Crew WoftW type dgnage is man&ted by a tWrd pasty,thca outer CbKV s May S*y S. When applicable,existing sad matic waming system will be mm ved and aamaported to nearest railroad yard Au xe Signature: bosh S VP,Railroad Construction Services j9*.*=Mh b&4k1MpWA. (417)209-7962 -AD msmW is_-=Veedvo be u gecffhed_fl wod[to be camkKed m a wa&mm1Ae xcmdw m-izodsdptamres.Any ahmam or desk frm sbm-e 3ped5ca s Mvulrh2g 0=cosh wLl be emorted only upon wmmn aruers and soli became in dnW aster md 3bam the es� AZ CMDr n upon mar,aced or Ma-s besvod am con1101 ORMer to=Sn-.tm=&Sad odw wmaz y =Emu.Our wcdw,are Uly crosff db5 Riadmufs Campemaamlmmmce. Acceptance of Proposal—the above prices, specifications and conditions are satisfactory and are hereby-accepted_You are authorized to do the wo&as specified_Payment will be made as outlined above- Date of Acceptance: Simature: Signature- FWWR&City of Fort Worth 13 Traffic Signal Improvement Agreement 811 Ave. and Windsor Place, DOT#797685J MP 1.95, Fort Worth Subdivision Document No. 20220411-01