HomeMy WebLinkAboutContract 55283 DocuSign Envelope ID:5C62DCF8-1C5D-405E-8004-6B4A7FFBABA7
UPRR REMS
Project 772314
CSC No.55283
REIMBURSEMENT AGREEMENT
PRELIMINARY ENGINEERING SERVICES
Effective Date: 2/8/2021
Agency: CITY OF FORT WORTH, TEXAS
Estimate: $25,000.00
THIS REIMBURSEMENT AGREEMENT (Agreement) is made and entered into as of the
Effective Date, by and between UNION PACIFIC RAILROAD COMPANY, a Delaware
corporation (Railroad), and AGENCY (Agency).
RECITALS
A. Agency desires to initiate the project more particularly described on Exhibit A
attached hereto (the "Project").
B. The Project will affect Railroad's track and right of way at or near the Project area
more particularly described on Exhibit A.
C. Railroad agrees to collaborate with Agency on the conceptualization and
development of the Project in accordance with the terms and conditions of this Agreement.
AGREEMENT
1. NOW THEREFORE, the parties hereto agree as follows:
2. Railroad, and/or its representatives, at Agency's sole cost and expense, agrees
to perform (or shall cause a third-party consultant to perform on Railroad's behalf) the
preliminary engineering services work described on Exhibit B attached hereto (PE Work).
Agency acknowledges and agrees that: (a) Railroad'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 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.
3. Notwithstanding the Estimate (Estimate), Agency agrees to reimburse Railroad
and/or Railroad's third-party consultant, as applicable, for one hundred percent (100%) of all
actual costs and expenses incurred for the PE Work. During the performance of the PE Work,
Railroad will provide (and/or will cause its third-party consultant to 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 will submit (and/or will cause its third-party consultant to
submit) a final billing to Agency for any balance owed for the PE Work. Agency shall pay
Railroad (and/or its third-party consultant, as applicable) within thirty (30) days after Agency's
receipt of any progressive and final bills submitted for the PE Work. Bills will be submitted to the
Agency using the contact information provided on Exhibit C. Agency's obligation hereunder to
reimburse Railroad (and/or its third-party consultant, as applicable) for the PE Work shall apply
regardless if Agency declines to proceed with the Project or Railroad elects not to approve the
Project. OFFICIAL RECORD
CITY SECRETARY
1 FT.WORTH,TX
DocuSign Envelope ID:5C62DCF8-1C5D-405E-8004-6B4A7FFBABA7
4. 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 performed by Railroad.
5. If the Project is approved by Railroad, Railroad shall prepare and forward to
Agency a Construction and Maintenance Agreement (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.
6. 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.
7. No amendment or variation of the terms of this Agreement shall be valid unless
made in writing and signed by the parties.
8. 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, TEXAS UNION PACIFIC RAILROAD COMPANY,
a Delaware Corporation
Dana Burghdoff D—Signed by:
Dana Burghdoff an 4,202116:42 CSC (,I�,V't5 4&U-SUL
Signature i na u e
Dana Burghdoff Chris Keckeisen
Printed Name Printed Name
Assistant City Manager Manager I, Engineering - Public Projects
Title Title
OFFICIAL RECORD
CITY SECRETARY
2 FT.WORTH,TX
DocuSign Envelope ID:5C62DCF8-1C5D-405E-8004-6B4A7FFBABA7
APPROVAL RECOMMENDED:
Wn ,
By: William Johnso (Dec31,202007:27CST)
7 William M. Johnson, Director
Transportation and Public Work
APPROVED AS TO FORM AND LEGALITY:
Wgol�
By: DBlack(Jan 4,202111:56 CST)
7 Douglas W. Black
Senior Assistant City Attorney
FORM 1295: N/A
CONTRACT AUTHORIZATION
M&C:
Date Approved:
d4 FORr
ATTEST: OF°°°°°°°°°�LOd�
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�D�,�D`IGI iy C70 GP1 P'°
By:'for Ronald P.Gonzales(Jan 4,202117:01 CST) P o o.
Mary J. Kayser ��� o o+0
° °
City Secretary a °°°°°°°°°° 2x
>Z�nEXA$
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.
By: 4G�
Chad Edwards
Regional Mobility and Innovation Officer
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
3
DocuSign Envelope ID:5C62DCF8-1C5D-405E-8004-6B4A7FFBABA7
Exhibit A
Project Description and Location
Project Description
City of Fort Worth, TX proposes to install a wayside horn at the crossing referred to below.
Location
Choctaw Subdivision
Crossing
DOT Type Milepost Street Name
275252L Public 754.08 Cold Springs Road
DocuSign Envelope ID:5C62DCF8-1C5D-405E-8004-6B4A7FFBABA7
Exhibit B
Scope of Project Services
Scope of work includes, but is not limited to the following
• Field diagnostic(s) and inspections
• Plan, specification and construction review
• Project design
• Preparation of Project estimate for force account or other work performed by the
Railroad
• Meetings and travel
DocuSign Envelope ID:5C62DCF8-1C5D-405E-8004-6B4A7FFBABA7
Exhibit C
Billing Contact Information
Name Tai Nguyen
Title
Address 200 Texas Street, Fort Worth, TX, 76102
Work Phone (817) 392-2359
Cell Phone
Email Tai.Nguyen@fortworthtexas.gov
Agency
Project No.
SECLlR E❑
Certificate Of Completion
Envelope Id:5C62DCF81C5D405E80046B4A7FFBABA7 Status:Completed
Subject:Please Review&Execute:PE>TX>FORT WORTH>COLD SPRINGS ROAD>DOT 275252L
Source Envelope:
Document Pages:6 Signatures: 1 Envelope Originator:
Certificate Pages:5 Initials:0 Alex Campbell
AutoNav:Enabled acampbe@upcontractor.up.com
Envelopeld Stamping:Enabled IP Address:45.54.164.196
Time Zone:(UTC-06:00)Central America
Record Tracking
Status:Original Holder:Alex Campbell Location:DocuSign
1/12/2021 4:59:06 PM acampbe@upcontractor.up.com
Signer Events Signature Timestamp
Chris T.Keckeisen �°ocuSignedby. Sent: 1/12/2021 5:01:33 PM
CTKECKEI@UP.COM I
� S fi 4&t, in, Resent:2/5/2021 8:46:20 AM
Manager Public Projects z°°4D2Bo93A74Ec... Viewed:2/8/2021 2:05:02 PM
UPRR Signed:2/8/2021 2:06:40 PM
Security Level:Email,Account Authentication Signature Adoption:Pre selected Style
(None) Using IP Address: 198.47.204.138
Electronic Record and Signature Disclosure:
Accepted:10/23/2019 2:06:36 PM
ID:9bcb77dc-a356-474b-9155-5c819f942b48
In Person Signer Events Signature Timestamp
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Carbon Copy Events Status Timestamp
Tai Nguyen E Sent:2/8/2021 2:06:41 PM
tai.nguyen@fortworthtexas.gov Viewed:2/8/2021 3:25:53 PM
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(None)
Electronic Record and Signature Disclosure:
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Steven Thomas Sent:2/8/2021 2:06:41 PM
sthomasOl@upcontractor.up.com
ED
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Envelope Sent Hashed/Encrypted 1/12/2021 5:01:33 PM
Certified Delivered Security Checked 2/8/2021 2:05:02 PM
Signing Complete Security Checked 2/8/2021 2:06:40 PM
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Electronic Record and Signature Disclosure
Electronic Record and Signature Disclosure created on: 10/10/2019 12:19:52 PM
Parties agreed to:Chris T.Keckeisen
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Union Pacific Corporation.
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 12/15/20 M&C FILE NUMBER: M&C 20-0959
LOG NAME: 20UPRR WAYSIDE HORN ID 275252L
SUBJECT
(CD 8 and CD 9)Authorize Execution of Developer Funding Agreement for Preliminary Engineering Services of Wayside Homs;Adopt
Appropriation Ordinance to Increase the Developer Contribution Fund for the Union Pacific Railroad Wayside Horn Project in the Amount of
$25,750.00;and Authorize Execution of Reimbursement Funding Agreement with Union Pacific Railroad in the Amount of$25,000.00 to Conduct
Preliminary Engineering Services of Wayside Horn
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize execution of Developer Funding Agreement for preliminary engineering services of Wayside Horn;
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Developer Contribution Fund in the
amount of$25,750.00,from developer contributions,for the purpose of funding the Union Pacific Railroad Wayside Horn project(City Project
No. 103105);and
3. Authorize execution of reimbursement funding agreement with Union Pacific Railroad in the amount of$25,000.00 to conduct preliminary
engineering services of Wayside Horn(City Project Number: 103105).
DISCUSSION:
In early 2016,StoneHawk Capital Partners, LLC expressed an interest in a quiet zone(s)to address train horn noise concerns associated with
potential multifamily development in the area of Cold Springs Road and Peach Street crossings.
In March 2016,an on-site Diagnostic Review Team meeting was conducted to discuss a proposed quiet zone on Cold Springs Road at Union
Pacific Railroad crossings 275252L(Cold Springs West)and 598323Y(Cold Springs East). The City of Fort Worth was in the process to close
the Peach Street crossing. Therefore,the team assumed Peach Street is closed as part of the establishment of a quiet zone. The team
determined that in order for a quiet zone to be established,Supplementary Safety Measures(SSMs)must be implemented at the Cold Springs rail
crossings. In 2019, Peach Street crossing was closed.
On July 7,2020,a second on-site Diagnostic Review Team meeting was conducted to review the 2016 team recommendations to move the
project forward. The team recommended focusing on implemention of Wayside Horns at Union Pacific Railroad crossings 275252L(Cold Springs
West)was in the best interest for all to reduce train noise. The team discussed the adjacent spur track crossing 848190B and decided not to
include this crossing in the Wayside Horns for 275252L(Cold Springs West). Trains will continue to blow the horn when switching to and crossing
848190B(adjacent spur track)in accordance with railroad operating and safety rules.
Next steps include Union Pacific Railroad conducting preliminary engineering for Wayside Horns at railroad crossing 275252L(Cold Springs
West)in the approximate amount of$25,000.00. In addition,city staff project costs in the amount of$750.00. The developer,StoneHawk Capital
Partners, LLC will contribute$25,750.00 to the City of Fort Worth to cover both Union Pacific Railroad and City of Fort Worth costs.
Execution of a Developers Agreement between StoneHawk Capital Partners, LLC and the City of Fort Worth is necessary to accept the funds
from StoneHawk Capital Partners, LLC. Execution of a second Funding Agreement between the City of Fort Worth and Union Pacific Railroad is
necessary to transfer$25,000.00 to Union Pacific Railroad to conduct preliminary engineering services.
Upon completion of preliminary engineering services,if Union Pacific Railroad,the City of Fort Worth,and StoneHawk Capital Partners LLC
agrees that the Cold Springs West project should be pursued,an Construction and Maintenance(C&M)Agreement will be drafted to implement
the project.
The Cold Springs West Wayside Horn project is located within COUNCIL DISTRICTS 8&9.
A Form 1295 is not required because:This contract will be with a publicly-traded business entity or a wholly-owned subsidiary of a publicly-traded
business entity: Union Pacific Railroad
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are currently available in the Union Pacific Railroad at Cold Springs Wayside Horn project within the
Developer Contribution Fund and upon approval of the above recommendation and adoption of the attached appropriation ordinance,funds will be
available in the Developer Contribution Fund for the Union Pacific Railroad at Cold Springs Wayside Horn project to support the approval of the
above recommendations and execution of the agreement. 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. Dana Burghdoff 8018
Originating Business Unit Head: William Johnson 7801
Additional Information Contact: Monty Hall 8662
Chad Edwards 7259