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Home My WebLink AboutContract 55739DocuSign Envelope ID: 2EB2273C-A77D-44D1-AF44-2DE17ED548FF REIMBURSEMENT AGREEMENT QUIET ZONE SERVICES Public Authority: CITY OF FORT WORTH, TEXAS Effective Date: 5/17/2021 Estimate: $25,000.00 CSC No. 55739 QZ ID: TX439043 UPRR REMS Project 777762 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 PUBLIC AUTHORITY (Public Authority). RECITALS A. Public Authority desires to initiate the project more particularly described on Exhibit A attached hereto (Project). B. The Project may affect Railroad's track, right of way or operations at or near the Project area more particularly described on Exhibit A. C. Railroad agrees to collaborate with Public Authority on the progression of the Project in accordance with the terms and conditions of this Agreement and any federal regulations. AGREEMENT NOW THEREFORE, the parties hereto agree as follows: 1. Railroad, and/or its representatives, at Public Authority's sole cost and expense, agrees to perform (or shall cause a third-party consultant to perform on Railroad's behalf) the quiet zone (QZ) engineering services work described on Exhibit B attached hereto (QZ Work). Public Authority acknowledges and agrees that: (a) Railroad's review of any Project designs, plans and/or specifications, as part of the QZ 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 QZ Work; and (c) Public Authority's reliance on the QZ Work is at Public Authority's own risk. 2. Notwithstanding the Estimate, Public Authority 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 QZ Work. During the performance of the QZ Work, Railroad will provide (and/or will cause its third party consultant to provide) progressive billing to Public Authority based on actual costs in connection with the QZ Work. Within sixty (60) days after completion of the QZ Work, Railroad will submit (and/or will cause its third party consultant to submit) a final billing to Public Authority for any balance owed for the QZ Work. Public Authority shall pay Railroad (and/or its third-party consultant, as applicable) within thirty (30) days after Public Authority's receipt of any progressive and final bills submitted for the QZ Work. Bills will be OFFICIAL RECORD CITY SECRETARY Railroad Approved Form O8/09/2019 1 FT. WORTH, TX DocuSign Envelope ID: 2EB2273C-A77D-44D1-AF44-2DE17ED548FF submitted to the Public Authority using the contact information provided on Exhibit C. Public Authority's obligation hereunder to reimburse Railroad (and/or its third party consultant, as applicable) for the QZ Work shall apply regardless if Public Authority declines to proceed with the Project or Railroad elects not to approve the Project. 3. Public Authority acknowledges and agrees that Railroad may withhold implementation or raise objections to the Project due to noncompliance with federal regulations or impacts to Railroad's safety, facilities or operations. 4. If Public Authority elects to move forward with the Project and the plans include Railroad work, Railroad shall prepare and forward to Public Authority a separate reimbursement agreement for preliminary engineering services to develop final plans and specifications, and prepare material and force cost estimates for any work required to be performed by the Railroad. The Agreement herein will remain in effect for the duration of the QZ Work described in Exhibit B. 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 QZ Work. To the extent that any terms or provisions of this Agreement regarding the QZ 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 ��rq ��Gr�O�' Dana Burghdoff ,Apr26, 2021 0:06 CDT) Signature UNION PACIFIC RAILROAD COMPANY, a Delaware Corporation DocuSigned by: �C �� gS��4i��osE4A�_ Dana Burghdorff Printed Name Assistant City Manager Title Melinda S. DuBay Printed Name Industry & Public Projects-Manager I Title OFFICIAL RECORD CITY SECRETARY FT. W�RTH, TX Railroad Approved Form O8/09/2019 2 DocuSign Envelope ID: 2EB2273C-A77D-44D1-AF44-2DE17ED548FF APPROVAL RECOMMENDED: l,.)1LC71._ B�, WilliarnJohnso (Apr22,202111:09CDT) William M. Johnson, Director Transportation and Public Work APPROVED AS TO FORM AND LEGALITY: �� B�; DBlack(Apr23,20211924CDT) Douglas W. Black Senior Assistant City Attorney FORM 1295: N/A CONTRACT AUTHORIZATION M&C: Date Approved: .�-�.v�� ,o,A'�' FORp �� a F o�00000 ATTEST: p � o �° �o�pa�� o o�� By: �� P v o o =� Mary J. Kayser �� o o � � City Secretary �� EXpg�ap� 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. Digitally signed by Iskal �,�� Shrestha i"�� Date:2021.04.19 By: _ � ,4 06:0, -05�00� Iskal Shrestha, P.E. Project Manager OFFICIAL RECORD CITY SECRETARY FT. W�RTH, TX 3 DocuSign Envelope ID: 2EB2273C-A77D-44D1-AF44-2DE17ED548FF Exhibit A Project Description and Location Project Description Proposed quiet zone in the City of Fort Worth, TX at the crossings referred to below. Subdivision: Fort Worth Subdivision At-grade crossing locations, if known. Crossing DOT Type Milepost Street Name 415955C Public 246.610 Kellis Street 415953N Public 246.90 Bolt Street 415951A Public 247.27 Dickson Street 415950T Public 247.66 Biddison Street 415949Y Public 247.79 Bewick Street DocuSign Envelope ID: 2EB2273C-A77D-44D1-AF44-2DE17ED548FF Exhibit B Scope of Project Services Scope of work includes, but is not limited to the following. • Meetings • Field diagnostic(s) and inspections • Notice of intent review and comments • Public authority application review and comments • Notice of establishment review and comments • Implementation efforts • Grade crossing inventory updates • Travel expenses DocuSign Envelope ID: 2EB2273C-A77D-44D1-AF44-2DE17ED548FF Exhibit C Billing Contact Information Name Iskal Shrestha, P.E. Title Project Manager Street 200 Texas Street City/State/Zip Fort Worth, Texas, 76102 Work Phone (817) 392-7254 Cell Phone (817) 395-4013 Email iskal.shrestha@fortworthtexas.gov