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Home My WebLink About065531 - Construction-Related - Contract - Fort Worth & Western Railroad Company (FWWR)Docusign Envelope ID: 408DAlBF-AA5F-8241-831B-6BCF85976BE1 CSC No. 65531 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 "City"). RECITALS Whereas, City 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 City 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 City'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"). City 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) City's reliance on the PE Work is at City's own risk. 2. The estimated cost of the PE Work is Fifteen Thousand Dollars and 00/100 ($15,000.00) (the "Estimate"). Notwithstanding the Estimate, City 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 City's total expenditure for PE Work to exceed the Estimate will require additional City authorization before payment can be made. During the performance of the PE Work, Railroad Group will provide progressive billing to City 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 City for any balance owed for the PE Work. City shall pay Railroad Group within thirty (30) days after City's receipt of any progressive and final bills submitted for the PE Work. Bills will be submitted to City using the contact information provided on Exhibit C. City's obligation hereunder to reimburse Railroad Group for the PE Work shall apply regardless if City declines to proceed with the Project or Railroad elects not to approve the Project. OFFICIAL RECORD CITY SECRETARY Page 1 of 6 Reimbursement Agreement NE 23`d Street Project FT. WORTH, TX Document No. 20250909-02 Docusign Envelope ID: 408DA1 BF-AA5F-8241-831 B-6BCF85976BE1 3. City 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 City 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 City 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 City 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. CITY OF FORT WORTH By: Jesica McEachern Assistant City Manager Date: 07/10/2026 Reimbursement Agreement NE 23rd Street Project Document No. 20250909-02 FORT WORTH AND WESTERN RAILROAD By.[Signed by: �ri V, ti XSK vs Kevin rasmus President and CEO Date: 7/15/2026 Page 2 of 6 Docusign Envelope ID: 408DA1 BF-AA5F-8241-831 B-6BCF85976BE1 APPROVAL RECOMMENDED: Ckrueophe� h`ayder YChristopher Hartley Wul 7. 2026 • 09.46,17 CD I Chris Harder Director, Water 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. mat 8ija p 1i (JHI T 2026 09:43:48 CDT) By. Bijay Upreti, P.E. Senior Professional Engineer APPROVED AS TO FORM AND LEGALITY: By: Douglas Black (Jul 10, 2026 15:29:13 CDT) Douglas W. Black Senior Assistant City Attorney ATTEST: By: U Jannette Goodall City Secretary Reimbursement Agreement NE 23' Street Project Document No. 20250909-02 4 oovvnIId poff 0p v�o a•+00. Ov8 = PPP * o00 0 *d 61 dad QEo�°r°�4o OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 3 of 6 Docusign Envelope ID: 408DA1 BF-AA5F-8241-831 B-6BCF85976BE1 Exhibit A Project Description and Location Project Description Plan review and project coordination for proposed sewer line through Iron Horse Trail Park Location Fort Worth Sub NE 23d Street Mile Post, Fort Worth Subdivision -4 MID ---_ 'R T ft 1 Ld �:'L.. :,fir w':�•+ r'�'ia�e'ru "• " W � y, Ifi#t+licm -J1Y .'. f R vh RT1. T�A1lS fNAk6 rxGf p14:'A[ff RPgLIi a}pl)_LC1. �:�PriLiiYorl h.�l+YR��P4ir:l N141r,1 b1�1[R �Y! + y-Six lr,+Cf rlti Cm *Horn r 31 Reimbursement Agreement NE 23rd Street Project Page 4 of 6 Document No. 20250909-02 Docusign Envelope ID: 408DA1 BF-AA5F-8241-831 B-6BCF85976BE1 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 Reimbursement Agreement Page 5 of 6 NE 23'd Street Project Document No. 20250909-02 Docusign Envelope ID: 408DA1 BF-AA5F-8241-831 B-6BCF85976BE1 EXHIBIT C Billing Contact Information Name Bijay Upreti Title Senior Professional Engineer Address 100 Fort Worth Trail, Fort Worth, TX 76102 Work Phone (817) 392-8909 Cell Phone Email Bijay.Upreti@fortworthtexas.gov Reimbursement Agreement Page 6 of 6 NE 23rd Street Project Document No. 20250909-02 FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Western Railroad Reimbursement Subject of the Agreement: COFW (23rd St) SL MP6.2 FW Sub PE Agmnt 20260615_ M&C Approved by the Council? * Yes ❑ No M If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No 0 If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes 0 No ❑ If unsure, see backpage for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No 0 If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: 07/10/26 If different from the approval date. Expiration Date: N/A If applicable. Is a 1295 Form required? * Yes ❑ No 21 *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. N/A *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes 0 No ❑ Contracts need to be routed for CSO processing in the followingorder: rder: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department.