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Home My WebLink AboutContract 60040CSC No. 60040 Fort Worth and Western Railroad REIMBURSEMENT AGREEMENT PRELIMINARY ENGINEERING SERVICES 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 Appendix 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 Appendix 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 Appendix 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 Appendix 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. Fort Worth & Western Railroad Company and City of Fort Worth, Texas Reimbursement Agreement for Preliminary Engineering Services Revised Date: 03.08.21 Document No. 20230818-03 Page 1 of 14 3. Agency acknowledges and agrees that Railroad may withhold its approval for the Project 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 to Agency 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 the other 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 unless made in writing and signed by the parties. 7. This Agreement sets forth the entire agreement between the parties regarding the Project 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: BY: CITY OF FORT WORTH FORT WORTH AND WESTERN RAILROAD Oki Wilton Johnson IA. .Jg 31, 2023 12:13 CDT) William Johnson Assistant City Manager Date: Aug 31, 2023 Kevin Erasmus President and CEO Date: Fort Worth & Western Railroad Company and City of Fort Worth, Texas Reimbursement Agreement for Preliminary Engineering Services Revised Date: 03.08.21 Document No. 20230818-03 Page 2 of 14 APPROVAL RECOMMENDED: Af.04744- Lauren Prieur Director, Transportation and Public Works Aug 29, 2023 Date: 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. Max Aransen Project Manager APPROVED AS TO FORM AND LEGALITY: rho, r Douglas W Black Sr. Assistant City Attorney Date: Aug 30, 2023 Fort Worth & Western Railroad Company and City of Fort Worth, Texas Reimbursement Agreement for Preliminary Engineering Services Revised Date: 03.08.21 Document No. 20230818-03 Page 3 of 14 ATTEST: Jannette Goodall City Secretary Date: Aug 31, 2023 Form 1295 No.: NA M&C No: NA M&C Date:. Fort Worth & Western Railroad Company and City of Fort Worth, Texas Reimbursement Agreement for Preliminary Engineering Services Revised Date: 03.08.21 Document No. 20230818-03 Page4of14 Appendix Project Descriptions and Locations Overall Project Description The City of Fort Worth's Fort Worth Central City program is a series of water, sewer, and storm drain relocation projects. These relocation projects are intended to remove all existing city infrastructure that conflicts with the US Army Corps of Engineers planned bypass channel. For these relocations, there are several relocations that are needed within existing FWWR property. For the projects that are discussed below, there are current license agreements that were issued between 2012 and 2013. At this time, the projects discussed below are beginning construction in the coming months, and amendments to the current license agreements are being requested. These amendments are to update the engineering exhibits, proposed alignments and easement locations, and/or allowed construction methods. Further information can be found below and in the subsequent attachments. Fort Worth & Western Railroad Company and City of Fort Worth, Texas Reimbursement Agreement for Preliminary Engineering Services Revised Date: 03.08.21 Document No. 20230818-03 Page 5 of 14 u. 41C Aa11.UN n��,,ryd rmvnAA,1411,w 1• i w. w%ra.rs�m.r � e i�aon a�a.rrrwaawa>v di (�Nu�rAv d��Ar,^MV�(x r'dlk 6NQI0,901 L1 P011919 QNV 0001118-U061H4 0100 39100106 N000d9 0410I1 0019Ntf 4,30ti0d +.0119 7091N90,001101A 00019 M411404 9Y( 990 019191001J 1910,36 A8YIMI0 UI N81YM MLtlOM 1300i AO J I] 000011000 N9319,90A 90YV 184301,0k10,1 9001090010 A199 91900 QPM 11111111111111111111 110 011 N'0 i Project Description: Sanitary Sewer License (N. Calhoun Street) Parcel 2A This crossing is in the Section I: Part 10 — Water & Sanitary Sewer Relocations for the FWCC Project and will include a 24-inch fiberglass reinforced sanitary sewer line in a 42-inch steel casing located under the FWWR tracks. This crossing includes the installation of 42" steel casing pipe by jacking and boring approximately 14' below existing rails. No open cut is proposed inside of FWWR ROW. This crossing will permit the abandonment by grout fill of an existing 12" and two 18" sanitary sewer line crossing within the FWWR ROW. Sanitary Sewer Scope: - Install 42" steel casing pipes by jacking and boring - Pressure grout annulus outside of casing via grouting ports - Install 24" fiberglass reinforced carrier pipe for conveyance of gravity sewer - Pressure grout annular space between carrier pipe and casing Location o rr%9lde. Fort Worth & Western Railroad Company and City of Fort Worth, Texas Reimbursement Agreement for Preliminary Engineering Services Revised Date: 03.08.21 Document No. 20230818-03 Page 7 of 14 Project Description: Sanitary Sewer License (N. Main Street) Parcel 4A This crossing is in the Section II: Part 10 — Water & Sanitary Sewer Relocations for the FWCC Project and will include a 12-inch ductile iron pipe sanitary sewer line in a 24-inch steel casing located under the FWWR tracks. This crossing includes the installation of 24" steel casing pipe by jacking and boring approximately 14' below existing rails. No open cut for the new sanitary sewer line is proposed inside of FWWR ROW. This crossing will permit the abandonment by grout fill and open cut of an existing 18" sanitary sewer line crossing within the FWWR ROW. Sanitary Sewer Scope: - Install 24" steel casing pipes by jacking and boring - Pressure grout annulus outside of casing via grouting ports - Install 12" ductile iron pipe carrier pipe for conveyance of gravity sewer - Pressure grout annular space between carrier pipe and casing - Abandon existing 18-inch sanitary sewer line. Approximately 70 linear feet of the existing sanitary sewer will need to be removed by open cut which is within the FWWR ROW. Location 11111111111111111111111111111111, Fort Worth & Western Railroad Company and City of Fort Worth, Texas Reimbursement Agreement for Preliminary Engineering Services Revised Date: 03.08.21 Document No. 20230818-03 Page 8 of 14 Project Description: Storm Drain License (N. Commerce Street) Parcel 3B and Storm Drain license (N. Main Street) Parcel 4B These crossings are in the Section II: Grand Avenue Bypass Storm Drain & North Laterals for the FWCC project. This will include two storm drain crossings as outlined below. Grand Ave Outfall Scope (Stormwater): Storm Drain License (N. Commerce Street) Parcel 3B This project includes 98 LF of 60" RCP storm drain pipe with 84" liner plate to be hand tunneled under the FVWVR railroad as well as a 24" RCP lateral to be connected to the existing storm drain system within the FWWR ROW. Hand tunnel 84" liner plate Pressure grout annulus outside of casing via grouting ports Install 60" RCP storm drain carrier pipe for conveyance of stormwater Pressure grout annular space between carrier pipe and casing Install 6' junction box by opencut Install by opencut the 24" RCP lateral and remove existing manhole Grout fill and abandon the existing 36" RCP j he =ales Fort Worth & Western Railroad Company and City of Fort Worth, Texas Reimbursement Agreement for Preliminary Engineering Services Revised Date: 03.08.21 Document No. 20230818-03 Page 9 of 14 Storm Drain License (N. Main Street) Parcel 4B This project includes 3 parallel 104" liner plates with 72" RCP storm drain. This is to be installed through hand tunneling under the existing FWWR tracks. No open cut trenches are proposed within the FWWR right-of-way. Hand tunnel 3 — 104" liner plates Pressure grout annulus outside of casing via grouting ports Install 72" RCP storm drain carrier pipes for conveyance of stormwater Pressure grout annular space between carrier pipes and casings 1ppdlll jam w,,� J Fort Worth & Western Railroad Company and City of Fort Worth, Texas Reimbursement Agreement for Preliminary Engineering Services Revised Date: 03.08.21 Document No. 20230818-03 Page 10 of 14 Project Description: Sanitary Sewer License (Henderson Street Bazaar) Parcel 5A This crossing is in the Part 14 — Sanitary Sewer Relocations for the FWCC Project. The design allows the contractor to construct dual 60" steel casing pipes or one 120" steel casing pipe. The crossing includes the installation of steel casing pipes by jacking and boring approximately 70' below existing rails. No open cut is proposed inside of FWWR ROW. This crossing will permit the abandonment by grout fill of an existing 66" sanitary sewer line crossing approximately 650 linear feet to the north. Sanitary Sewer Crossing Scope: - Install dual 60" steel casing pipes or one 120" steel casing pipe by jacking and boring within bedrock - Pressure grout annulus outside of casing via grouting ports - Install 39" and 45" fiberglass reinforced carrier pipe in either casing pipe for conveyance of gravity sewer - Pressure grout annular space between carrier pipe and casing Location it I� uuuugpl Iglguiipiliiiliulioi looloonomonoh „w 5A Cros 44,4 Fort Worth & Western Railroad Company and City of Fort Worth, Texas Reimbursement Agreement for Preliminary Engineering Services Revised Date: 03.08.21 Document No. 20230818-03 %k «i nniiJUA" Page 11 of 14 Project Description: Storm Drain License (Henderson Bazaar Outfall) Parcel 5B This project proposes an extension of the existing 42" RCP, located under the current tracks towards the new city system, draining to 16W sump. No open cut will be proposed within FWWR ROW. Fill will be proposed to cover the extended 24" RCP. Bazaar Outfall Scope: - Remove existing sloped headwall and stone rip -rap within FWWR ROW in preparation for proposed 42" SD line - Connect Proposed 42" SD pipe into existing SD within FWWR ROW - Bury proposed pipe - No boring, digging or tunneling will be performed under the railroad. Location NOrp plllllll, Fort Worth & Western Railroad Company and City of Fort Worth, Texas Reimbursement Agreement for Preliminary Engineering Services Revised Date: 03.08.21 Document No. 20230818-03 111111111111111111m °uuuiuu"I"I"lliluui�� IIIIIIIIIIIIIIIIIIII Page 12 of 14 Appendix 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 Fort Worth & Western Railroad Company and City of Fort Worth, Texas Reimbursement Agreement for Preliminary Engineering Services Revised Date: 03.08.21 Document No. 20230818-03 Page 13 of 14 Appendix C Billing Contact Information Name Max Aransen Title Project Manager Address 200 Texas Street, Fort Worth Texas, 76102 Work Phone 817-810-0696 CeII Phone 817-504-1685 Email sl`.FiC''f'ls YX 3S» ay Fort Worth & Western Railroad Company and City of Fort Worth, Texas Reimbursement Agreement for Preliminary Engineering Services Revised Date: 03.08.21 Document No. 20230818-03 Page 14 of 14