HomeMy WebLinkAboutContract 61405CSC No. 61405
CROSSING REHABILITATION 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, FWWR and City desires to rehabilitate the crossing at West Berry Street,
Mile Post 6.99, DOT 672183A, Tarrant County, Fort Worth, Texas (hereinafter called "Project"),
as more particularly identified on the print hereto attached, marked Exhibit "A"; and
WHEREAS, FWWR and City agree to share the costs of the Project as shown in
Exhibit °°B" attached hereto and in the amounts respectively specified in this agreement; and
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, equipment, materials and supervision for the Project at the above location ("FWWR
Services"). The Railroad's participation is limited to One Hundred Twenty -Seven Thousand One
Hundred Thirty -Two Dollars and 18/100 ($127,132.18), as more particularly described on
Exhibit "B.
FWWR & City of Fort Worth
Roadway and Crossing Rehabilitation Agreement
West Berry Street, MP 0.4, DOT# 672183A
Document No. 20231213-02
Page 1 of 10
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
City agrees to rei►nburse FWWR the entire cost of all materials in the a►not►nt of One
Hundred Six Thousand Nine Hundred Seventy -Four Dollars and l 1/100 ($106,974.1 1) ("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, a Traffic Control
Plan, the placement and removal of barricades as needed, flagging 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 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:
Coinprehensive 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 Page 2 of 10
Roadway and Crossing Rehabilitation Agreement
West Berry Street, MP 0.4, DOT# 672183A
Document No. 20231213-02
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), 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 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.
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 8th day of May 2024.
FWWR & City of Fort Worth Page 3 of 10
Roadway and Crossing Rehabilitation Agreement
West Berry Street, MP 0.4, DOT# 672183A
Document No. 20231213-02
Fort Worth & Western Railroad Company: City of Fort Worth
CITY OF FORT WORTH, TEXAS:
Fay:—
I`evin Erasmus, President & C13,0
By.
Jesica McEachern
Assistant City Manager
Date: S'-- i - eC-0x4
APP�RO�VALL�RECOMMENDED:
A.
By xrtto Niau,'Apr 25. b,:a I-M-' CDT!
Lauren L. Prieur, P.E
Transportation and Public Work Director
APPRO1O FORM AND LEGALITY
BypaueU� BLu:.Av 75. h7d 1�:59fDTi
Douglas W. Black
Senior Assistant City Attorney
Form 1295: NIA
Contract Authorization
M&c: MC 2.4033J
Date Approved:0-
FWWR & City of Fort Worth
Roadway and Crossing Rehabilitation Agreement
West Berry Street, MP 0.4, DOT# 672163A
Document No. 20231213-02
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
0
Page 4 of 10
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ATTEST: nEo
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By:
dA°54ga
Jannette Goodall
City Secretary
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.
lEr�r�7i�l�J11Ln�'
Tai Nguyen
Railroad Project Manager
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
FWWR & City of Fort Worth Page 6 of 10
Roadway and Crossing Rehabilitation Agreement
West Berry Street, MP 0.4, DOT# 672103A
Document No. 20231213-02
Exhibit "A"
R.Jms,�i
FWWR & City of Fort Worth Page 6 of 10
Roadway and Crossing Rehabilitation Agreement
West Berry Street, MP 0.4, DOT# 672183A
Document No. 20231213-02
Exhibit "B"
Description Material Labor & project Total
Equipment
FWWR Project Expenditure (see attached TracWorks bid) $106,974.11 $127,132.18 $234,106.29
City of Fort Worth Reimbursement $106,974,11
FWWR Participation $127,132.18
FWWR & City of Fort Worth Page 7 of 10
Roadway and Crossing Rehabilitation Agreement
West Berry Street, MP 0.4, DOT# 672183A
Document No. 20231213-02
lLlitnrn ('ity, T.i"'`11f."t
Fite i8i'1 83•!-/649
B11) 19 F'I'W•3790
August 4,
Atin: Mr. Hervey lay
F11WR
2495 E Loner Ave.
Ft. 1 )rdi, 1-X 76100
RE; WEST BERRY STREET RAHAB
1_hzar Mr. Ely.
Trae-Work, Inc• pr0p4)ses to furnish all equipment, mobilization, labor. supervision,
materials tend insurance necessary to perform the following Non-tuxablc railroad truck
crossing rehab on your railroad in Fort Worth, Tcxns. All retmirs will be completed braved on
the scope ol`work anil exhibit A provided by your company und'MOT.
BID A 1- \hTS'1' BERRY STREFir REHABILITATION PER THE SCOPE
BF.I.OWt
1. Install 171-foot at -grade crossing and pedestrian crossing.
a. Saw cut at -grade road surface both sides, remove old asphalt liom the
concrete road surface,
b. Remove 20 sets of concrete pads.
e. Remove 251 d'eet of rail mid ties.
d. Excavate old ballast and suhgradc to allow for 12-inches of ballast and 8-
inches of subbase below' bottom of tic, 30--feet past existing at -grade
crossing panels.
c. Install nonwoven geogrid beneath GEE Web.
f. lnstall 6-inch GE-6 Web.
g_ `fhe subba..w will be road base crushed aggregate maximum size 1.5-inch.
h. Over GII GL'O Web by 2-inches compacted, to reach 8-inuli subbase.
i, lnstall 12-inchww main line granite ballast (or comparable no limestone),
j. 'rho tics will be AREMA Grade 5 ties.
k. Install 10-foot ties through the at -grade crossing, pedestrian crossing, and
approaches (111 tics each end),
I. Install 8-foot 6--inch ties on 19.5-inch centers to snatch existing track.
in. Install new t 361bs American made rail on double shoulder main line tie
Plates.
n. install 4 spikes per plate, 2 Yagc side rail spikes 1 rail I rattle held side.
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FWWR & City of Fort Worth
Roadway and Crossing Rehabilitation Agreement
West Berry Street, MP 0.4, DOU 672183A
Document No. 20231213-02
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Page 8 of 10
Page 2.
Bid # MV-3796
o. Install new anchors, solid box pattern extending through the crossing and
195-feet in twth directions.
p. htstall 19 sets of new insulated concrete crossing boards Ott the at grade
crossing.
q. Install 1 set ofnew insulated concrete crossing hoards On the pedestrian
cto?snot".
2. Establish drainage.
a. EnUllt p70Fcr drainage sm cacti approach,
b. Establish drainage from tho east crossing appresach under the pedestrian
crossing to eliminate pordinc.
U. Clean and clear any existing barriers to ensure positive flow to the
drainage structutt immediately east of the crossing,
3. Surfacing;
it. Surfacing will be with a Jackson 6700 or equivalent.
b. Surfacing will begin at the bridge immediately cast of Berry St. to a
minimum of 300-fcot west of the crossing.
c. The track will be raised 1 -inch above the existing_ concrete road surface to
allow for settlitte.
d, ivlain line granite tudlast (or comparable no limestone) will be used.
4. Weld all joints within 40-feet of panels.
a. All rail installed will be welded.
b, Comp welds will be made to tie ittto existing rail.
c. Bolt holes will be cropped prior to welding.
5. Work to be performed by the City of Port Worth
a. All roadway traffic control and mad closutvs
b. Restoring the road surface from the edge of concrete roadway to (lie
crossing panel,
6. Work to be performed by Fort North & Western Railroad
a. Sigttal support.
7. General Notes.
a. No debris to be left on site. or FWWWR property.
b, Spoiled ballast attcl base cttaterials can be spread out on Site.
c. No piles. trust be able to mow the Right -of -Way.
d. Old tics and asphalt nrttst be removed front FWti WR property and properly
dislxtised of.
e. All salvageable OTM will be transported to }lodge Yard.
f. All non -salvageable CYFM will be removed. from F W`WR property and
disposed of
TO'I'AL COST Bill) #I —---------------- S 234,106.29
FWWR & City of Fort Worth Page 9 of 10
Roadway and Crossing Rehabilitation Agreement
West Berry Street, MP 0.4, DOTIA 672183A
Document No. 20231213-02
Page 7,
llid f< FTNV-3796
Within this nr000sal we have not nrovided for:
1. 'fhc furnishintt of any material Other thtu) those listed on the scope provided
by F WWR.
2. The relocation, inility protection, odjustment ondlorcncasenicn► of and
utilities or libcr optics,
3. No bonds, testing ancUor hermits.
4. No monies ror SW111'1', permits or silt fences.
5. No grading or cleaning existing ditches.
6. No draiiuigc design and?or cnginrering.
7. Any work, not listed above.
81 Price does not include tiny other grading on site.
9. No maintenance after completion.
10, No traffic control-
I.I. No surveying or cngincer'ing.
1,2. No Layout Staking
11, No Traffic Markings
14, No Sippi ge
15. NO RICINT OF ENTRY
16. • NO L1131LITY INSURANCE
Trac-Work, Inc. Insist our bid letter be made part of any contract or purchase
orders issued. Trac-Work, Inc, is implementiug a temporary fuel surcharge that will
he passed to our customers only in the event fuel surcharges are passed along to us
by our suppliers and/or subcontractors. Due to the critical nature of the current
situation, Nye can no longer continue to absorb these increased costs. Fuel surcharge:
will apply only if supplier-4 andlor subcontractors pass their fuel surcharges to'i'rac-
Work, Inc. for materials and or services provided for this project.
True -Work, Inc. will not be responsible for encountering any overhead or
underground utilities while performing any of the above -described work. Any work
or materials not specifically mentioned above ure hereby excluded. No bonds,
permits, fecv or additional railroad insurances fire included unless otherwise noted
in this proposal.
This bid is good for ten days, open shop labor, with all eight -hour work Awindotw of
uninterrupted svork dun to rail traffic unless otherwise noted in this proposal.
Payment of all invoices will be due 30 days upon receipt of invoice.
We appreciate the opportunity to submit this proposal and look forward to working
with you. Should ally questions arise, plcilsc feel free to call.
Signature:
Email: allison.tidwell@fortworthtexas.gov
FWWR & City of Fort Worth Page 10 of 10
Roadway and Crossing Rehabilitation Agreement
West Berry Street, MP 0.4, DOT# 672183A
Document No. 20231213-02