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HomeMy WebLinkAbout065597 - Construction-Related - Contract - Fort Worth & Western Railroad Company (FWWR)Docusign Envelope ID: 39F062A4-EADA-80D3-82F2-10DD6A87C096 CSC No. 65597 CROSSING REHABILITATION AGREEMENT THIS CROSSING REHABILITATION AGREEMENT (the "Agreement") is entered into by and between 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, 100 Fort Worth Trail, Fort Worth, Texas 76102 (hereinafter called "City"), as follows: RECITALS: WHEREAS, FWWR is a rail carrier engaged in interstate commerce providing common carrier railroad transportation services by rail including within the City limits which cross 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 rehabilitate the crossing located at East Berry Street, DOT 797677S, Mile Post 2.5, Everman Subdivision, Fort Worth, Tarrant County, Texas ("Project"), as more particularly identified on the print attached hereto, marked Exhibit A; and WHEREAS, the Project will be completed per the plans as shown in 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: 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"). The Railroad's participation is limited to Seventy -Two Thousand Eight Hundred Thirty -Two Dollars and 48/100 ($72,832.48), as more particularly described on Exhibit C. Crossing Rehabilitation Agreement East Berry Street, DOT 797677S Mile Post 2.5, Everman Subdivision Document No. 20260428-01 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 1 of 10 Docusign Envelope ID: 39F062A4-EADA-80D3-82F2-10DD6A87C096 City agrees to reimburse FWWR the entire cost of all materials, including, but not limited to, asphalt, as depicted in Exhibit C, in the amount of One Hundred Eighty -Three Thousand Thirty -Three Dollars and 80/100 ($183,033.80), plus a Project Management Fee in the amount of Eighteen Thousand Three Hundred Three Dollars and 38/100 ($18,303.38) (collectively, the "City Reimbursement"). City also agrees to reimburse FWWR for FWWR Services costs in excess of the 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, the activities and items listed on Exhibit D attached hereto (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 S2,000,000 aggregate Products & Completed Operations $2,000,000 aggregate Combined Single Limit $2,000,000 At a minimum, such insurance shall meet the requirements of the TROE. 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). Crossing Rehabilitation Agreement Page 2 of 10 East Berry Street, DOT 797677S Mile Post 2.5, Everman Subdivision Document No. 20260428-01 Docusign Envelope ID: 39F062A4-EADA-80D3-82F2-10DD6A87C096 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 Manager of Special Projects at (682) 328-8636. FWWR shall not be liable to the City or the City's agents or employees for any injury to persons 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 arise as a result of any and all actions of the City, City's employees,. contractor(s) or subcontractor(s), whether such actions are intentional or not. The City agrees to have its contractor(s) and 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 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 FWVVR retains the right to remove any contractor who has not executed the TROE. In addition to any other right or remedy of FWWR hereunder, City agrees to pay to FWWR within thirty (30) days of demand an administrative fee in the amount of Three Thousand Five Hundred Dollars ($3,500.00) to cover FWWR's internal administrative costs incurred for each occurrence when one of City's contractors comes on or about FWWR's property hereunder without having first executed and delivered to FWWR a 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. Crossing Rehabilitation Agreement Page 3 of 10 East Berry Street, DOT 797677S Mile Post 2.5, Everman Subdivision Document No. 20260428-01 Docusign Envelope ID: 39F062A4-EADA-80D3-82F2-10DD6A87C096 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 ?,g_ day of July 2026. Fort Worth & Western Railroad Company: II Signed by: By: �- V" frosK -S Kevin Erasmus, President & CEO OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Crossing Rehabilitation Agreement East Berry Street, DOT 797677S Mile Post 2.5, Everman Subdivision Document No. 20260428-01 City of Fort Worth By: Dianna Giordano tJul 29 2026 08 27 20 CDT) Jesica McEachern oFOR,.°noa �'°°°° Assistant City Manager Ag4. KG�Z%�Qi2l./Z2 �� QanIl bEops�p Attest: Jannette S. Goodall City Secretary (Seal) M&c 26-0546 Date: 06/23/2026 Form 1295 No. n/a APPROVAL RECOMMENDED: �a.,�.... 1 •_ Lauren Prieur (Jul 17 �2026 08 28.30 CDT) Lauren L. Prieur, P.E 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. Page 4 of 10 Docusign Envelope ID: 39F062A4-EADA-80D3-82F2-10DD6A87C096 Crossing Rehabilitation Agreement East Berry Street, DOT 797677S Mile Post 2.5, Everman Subdivision Document No. 20260428-01 A4mgas Andre Alves (Jun 29, 2026 17:03:48 CDT) Andre Alves Project Manager Approved as to Form Douglas Black (Jul 22 2026 10 27:32 CDT) Douglas W Black, Senior. Assistant City Attorney Page 5 of 10 Docusign Envelope ID: 39F062A4-EADA-80D3-82F2-10DD6A87C096 Exhibit A all Crossing Rehabilitation Agreement Page 6 of 10 East Berry Street, DOT 797677S Mile Post 2.5, Everman Subdivision Document No. 20260428-01 Docusign Envelope ID: 39F062A4-EADA-80D3-82F2-10DD6A87C096 Exhibit B �X ! i y X X I XX x_ lor y # m � q m CPN 104219 - E BERRY ST 3 E SEMINARY OR SI DEWALK d ADA RAMP INFILL K3130 Crossing Rehabilitation Agreement Page 7 of 10 East Berry Street, DOT 797677S Mile Post 2.5, Everman Subdivision Document No. 20260428-01 Docusign Envelope ID: 39F062A4-EADA-80D3-82F2-10DD6A87C096 Exhibit C Crossing Rehabilitation Agreement Page 8 of 10 East Berry Street, DOT 797677S Mile Post 2.5, Everman Subdivision Document No. 20260428-01 Docusign Envelope ID: 39F062A4-EADA-80D3-82F2-10DD6A87C096 5�\ _ f f �ry7 yyyQ.��� �pyp pO pad mW �epy r�•j t�7j� �jJ .y Amy �f i +!; •~•q i0 .•i r7 1 C V�1 ��y ry� Y f i I H L � 1 W ilF � .J1 � VI � VL N iJl Vl i/{ '.•1 � V4 N NT L> � V5 /1 �]�% I : I L O � dVr JJJG555f ~G Ate � . (y � N 41 411 € r s 'VR �. � '�' .y yr .C� •R � ,~Ji, $� �y ,yj N cn. � /Y � c� �. ;�vi v1 �: •-� .1 } i i � i ... .....p V.O••••0.... ... :..... f....V....�»...... .L... j.... j.... �.... Q C. ..+ .o ri = 2 : i ... .....:.....:.....:..... .....i .... .......... �y w j� i r _ g j I i y ; i y5o : j Q cyiia: [ :• gg � € �' r-., -....W.i a.:..... q....< i o ... o.... i• I q e •aE a41 . f€ ro 8 C .i1 6. rj V 1? o LF 8 V V �• �:r; . ; yj: Crossing Rehabilitation Agreement Page 9 of 10 East Berry Street, DOT 797677S Mile Post 2.5, Everman Subdivision Document No. 20260428-01 Docusign Envelope ID: 39F062A4-EADA-80D3-82F2-10DD6A87C096 Exhibit D City Responsibilities • Provide advance notification signs to inform the public of the crossing closure. • Provide a police presence, if needed, at no additional cost to the contractor or FWWR. • Provide rerouting signs for street detours. • Furnish, install, and maintain proper pavement markings. • Provide the asphalt grade to be used by the contractor. • Determine final sidewalk placement and ADA compliance. • Provide recommended asphalt specifications, suppliers, and contractors for paving. • Construct the sidewalk. • City shall be responsible for the cost of four (4) concrete panels and twenty (20) ties as part of the sidewalk construction. Crossing Rehabilitation Agreement Page 10 of 10 East Berry Street, DOT 797677S Mile Post 2.5, Everman Subdivision Document No. 20260428-01 FORT WORTH,,, MAYOR AND COUNCIL COMMUNICATION 7.5.13 2026 FWWR EAST BERRY ST & EAST SEMINARY DR SIDEWALK CROSSINGS DATE: 06/23/26 M&C FILE NUMBER: MdC 26-0546 DEPARTMENT: TRANSPORTATION PUBLIC WORKS SUBJECT (CD 8, CD 9 and CD 11) Authorize Execution of Two Public Highway At -Grade Crossing Improvement Agreements with Fort Worth & Western Railroad Company for Railroad Crossing Improvements at East Berry Street in the Amount of $250,000.00 and at East Seminary Drive in the Amount of $200,000.00, Adopt Appropriation Ordinance Adjusting Appropriations in the 2022 Bond Program Fund, and Amend the Fiscal Years 2026-2030 Capital Improvement Program (2022 Bond Program) RECOMMENDATION It is recommended that the City Council: Authorize execution of a public highway at -grade crossing improvement agreement with Fort Worth & Western Railroad Company at East Berry Street in the amount of $250,000.00; 2. Authorize execution of a public highway at -grade crossing improvement agreement with Fort Worth & Western Railroad Company at East Seminary Drive in the amount of s m �ffl 3. Adopt the attached appropriation ordinance adjusting appropriations in the 2022 Bond Program Fund, by increasing appropriations in the East Berry St & East Seminary Dr Sidewalk project (City Project No. 104219) in the amount of $450,000.00, and decreasing appropriations in the Sidewalks programmable project (City Project No. PB0020) by the same amount; and 4. Amend the Fiscal Years 2026-2030 Capital Improvement Program. DISCUSSION The purpose of this Mayor and Council Communication (M&C) is to authorize execution of two Public Highway At -Grade Crossing Agreements with Fort Worth & Western Railroad Company (FWWR) for the East Berry Street Location DOT 797677S and for the East Seminary Drive Location DOT 797680A (City Project No. 104219) in the combined amount of $450,000.00 to construct a sidewalk crossing at the railroad on both sides of the street on East Berry Street and East Seminary Drive. 1of3 FORT WORTH,,, The project scope includes the construction of a 6-foot-wide sidewalk at the project locations identified by Transportation and Public Works (TPW), Transportation Management Division. E Berry & E Seminary FWWRR project (City Project No. 104219) combines two locations: 1. Sidewalk crossings along both sides of East Berry Street between Mississippi Avenue and Yuma Street; at -grade, across the Union Pacific Railroad (UPRR) Everman Sub tracks leased by Fort Worth & Western (FWWR), and 2. Sidewalk crossings at grade across the same track along both sides of East Seminary Drive between Cole Street and Fair Park Boulevard. The table below summarizes available funding for the project: Fund Existing Funding Additional Funding Project Total 34018-2018 Bond Program $525,000.00 $0.00 $525,000.00 34027-2022 Bond Program $800,000.00 $450,000.00 $1,250,000.00 Total $1,325,000.00 1 $450,000.00 $1,775,000.00 Funding is budgeted in the 2022 Bond Program Fund within the Sidewalk programmable project for the Transportation & Public Works Department for the purpose of funding the E Berry & E Seminary FWWRR project. These funds were not included in the Fiscal Years (FY) 2026-2030 Capital Improvement Program because the final construction and railroad agreement costs were unknown at the time of the project development. This M&C will amend the FY 2026-2030 Capital Improvement Program as approved in connection with Ordinance 27979-09-2025. This project is included in the 2022 Bond Program. The City's Extendable Commercial Paper (ECP) (MSC 22-0607; Ordinance 25675-08-2022) provides liquidity to support the appropriation. Available resources will be used to make any interim progress payments until the debt is issued. Once debt associated with a project is sold, debt proceeds will reimburse the interim financing source in accordance with the statement expressing official Intent to Reimburse that was adopted as part of the ordinance canvassing the bond election (Ordinance 25515-05-2022). This project is located in COUNCIL DISTRICTS 8, 9, and 11. FISCAL INFORMATION/CERTIFICATION 2 of 3 FORT WORTH,,, The Director of Finance certifies that funds are currently available in the Sidewalks programmable project within the 2022 Bond Program Fund, and upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the 2022 Bond Program Fund for the E Berry & E Seminary FWWRR project to support execution of the agreements. Prior to an expenditure being incurred, the Transportation and Public Works Department has the responsibility of verifying the availability of funds. SUBMITTED FOR CITY MANAGER'S OFFICE BY: Jesica L. McEachern 5804 ORIGINATING BUSINESS UNIT HEAD: Lauren Prieur 6035 ADDITIONAL INFORMATION CONTACT: Monty Hall 8662 ATTACHMENTS 1. ORD APP 2026 FWWR EAST BERRY ST EAST SEMINARY DR SIDEWALK CROSSINGS 34027 A026 R3 [7.5.13.1 - 2 pages] 2. MAP CPN 104219 [7.5.13.3 -1 page] 3. CONFIDENTIAL REDACTED - 104219 FID Table [7.5.13.4 -1 page] 4. CONFIDENTIAL REDACTED - 2026 FWWR EAST BERRY ST EAST SEMINARY DR SIDEWALK CROSSINGS fundsavail [7.5.13.5 - 1 page] 5. CONFIDENTIAL REDACTED - 2022 Bond by Proposition Report [7.5.13.6 - 2 pages] 3of3 DOCUMENT TITLE: M&C: 26-0546 FORTWORTRI. Routing and Transmittal Slip Transportation & Public Works Department Crossing Rehabilitation Agreement for East Berry Street CPN: 104219 CSO: DOC#: Date: 07-09-26 To: Name Department Initials Date Out l . Andre Alves TPW- Signatures 07/09/2026 2. Alejandra Ayala TPW- Initial *La. 07/15/2026 3. Raul Lopez TPW- Initial eC-z 07/15/2026 4. Lissette Acevedo TPW- Initial o�W 07/16/2026 5. Patricia Wadsack TPW- Initial o�W 07/16/2026 6. Lauren Prieur TPW- Signature a& Lauren Prieur 07/17/2026 7. Douglas Black Legal- Signature Douglas Black 07/22/2026 8. Jesica McEachern CMO- Signature 07/29/2026 9 Jannette Goodall (Route after FWWR signature) CSO- Signature KC 07/31 /2026 DOCUMENTS FOR CITY MANAGER'S SIGNATURE: All documents received from any and all City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, Jay will review and take the next steps. NEEDS TO BE NOTARIZED: ❑YES ®No RUSH: ❑YES ❑No SAME DAY: ❑YES ❑No NEXT DAY: ❑YES ❑No ROUTING TO CSO: ❑YES ®No Action Required: ❑ As Requested ❑ For Your Information ® Signature/Routing and or Recording ❑ Comment ❑ File ❑ Attach Signature, Initial and Notary Tabs Return To: TPWContracts (a�FortWorthTexas.gov at ext. 7233 or 8363, for pick up when completed. Thank you! Updated 12.07.2022, mdhna FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: FORT WORTH & WESTERN RAILROAD COMPANY Subject of the Agreement: Street Crossing Rehabilitation Agreement for the crossing located at East Berry M&C Approved by the Council? * Yes 8 No ❑ If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No 8 If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes 8 No ❑ If unsure, see back page for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No 8 If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: If different from the approval date. Expiration Date: If applicable. Is a 1295 Form required? * Yes ❑ No 0 *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. 104219 *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes 8 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.