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HomeMy WebLinkAboutContract 58474 DocuSign Envelope ID:BOB839F5-0752-441C-8D72-BDC1050FC976 CSC No.58474 UPRR REMS Project 786783 REIMBURSEMENT AGREEMENT PRELIMINARY ENGINEERING SERVICES Effective Date: 11/11/2022 Estimate: $50,000.00 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 CITY OF FORT WORTH, TEXAS (Agency). RECITALS A. Agency desires to initiate the project more particularly described on Exhibit A attached hereto (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 NOW THEREFORE, the parties hereto agree as follows: 1. 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. 2. 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 whether Agency declines to proceed with the Project or Railroad elects not to approve the Project. OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX 1 DocuSign Envelope ID:BOB839F5-0752-441C-8D72-BDC1050FC976 3. 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. 4. 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. 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, TEXAS UNION PACIFIC RAILROAD COMPANY, a Delaware Corporation DocuSigned by: :Nilliam Johnson(No ,202213:43 CST) ���96B2764 Signature Signature William Johnson Erik Lewis Printed Name Printed Name Assistant City Manager Manager I, Engineering— Public Projects Title Title 2 DocuSign Envelope ID:BOB839F5-0752-441C-8D72-BDC1050FC976 APPROVAL RECOMMENDED: By: Z'd'�P-11- Lauren L. Prieur, Interim Director Transportation and Public Work APPROVED AS TO FORM AND LEGALITY: WA By: Douglas W. Black Senior Assistant City Attorney FORM 1295: N/A CONTRACT AUTHORIZATION M&C:21-0500 Date Approved:6-22-2021 a 4FORr �o�oo as��od ATTEST: i-annel-te S. GoodAll A��d nERt-- By: Jannette S.Goodall(Nov 10,202215:38 CST) 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. By: Bradley Radovich, Sr. Project Manager OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX 3 DocuSign Envelope ID:BOB839F5-0752-441C-8D72-BDC1050FC976 Exhibit A Project Description and Location Project Description City of Fort Worth, TX proposes to construct a new grade separated overpass at the location referred to below. Location Ft. Worth Subdivision Crossing DOT Type Milepost Street Name 980208S Public 242.626 West Everman Parkway DocuSign Envelope ID:BOB839F5-0752-441C-8D72-BDC1050FC976 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:BOB839F5-0752-441C-8D72-BDC1050FC976 Exhibit C Billing Contact Information Name Bradley Radovich Title Sr. Project Manager Address 200 South Texas Street, Fort Worth, TX, 76179 Work Phone (817) 392-7817 Cell Phone Email Bradley.Radovich@fortworthtexas.gov Agency CPN 103271 Project No. DocuSign Envelope ID:BOB839F5-0752-441C-8D72-BDC1050FC976 103271 -RRRA-RR Agreement UPRR-Everman Pkwy Final Audit Report 2022-11-10 Created: 2022-11-07 By: Andrea Munoz(Andrea.Mu noz@fortworthtexas.gov) Status: Signed Transaction ID: CBJCHBCAABA4AfqugB4ZMOc9K-ei_XXtR72gkB_-AeWt "103271-RRRA-RR Agreement UPRR-Everman Pkwy" History Document created by Andrea Munoz(Andrea.Munoz@fortworthtexas.gov) 2022-11-07-3:48:11 AM GMT-IP address:204.10.90.100 P Document emailed to Bradley.Radovich@fortworthtexas.gov for signature 2022-11-07-4:12:08 PM GMT Email viewed by Bradley.Radovich@fortworthtexas.gov 2022-11-07-4:13:18 PM GMT-IP address:204.10.91.100 Signer Bradley.Radovich@fortworthtexas.gov entered name at signing as Bradley Radovich 2022-11-07-4:18:03 PM GMT-IP address:204.10.91.100 Document e-signed by Bradley Radovich (Bradley.Radovich@fortworthtexas.gov) Signature Date:2022-11-07-4:18:05 PM GMT-Time Source:server-IP address:204.10.91.100 Document signing automatically delegated to Monty Hall (monty.hall@fortworthtexas.gov) by Lauren.Prieu r@fortworthtexas.gov 2022-11-07-4:18:07 PM GMT Ro Document emailed to Lauren.Prieur@fortworthtexas.gov for signature 2022-11-07-4:18:07 PM GMT 1" Document emailed to Monty Hall (monty.hall@fortworthtexas.gov)for signature 2022-11-07-4:18:07 PM GMT Email viewed by Monty Hall (monty.hall@fortworthtexas.gov) 2022-11-07-5:57:17 PM GMT-IP address:204.10.90.100 Signer Lauren.Prieur@fortworthtexas.gov entered name at signing as Lauren Prieur 2022-11-08-4:53:37 PM GMT-IP address: 166.137.115.11 FORT WORTH Pow.rd by Adobe Acrobat Sign DocuSign Envelope ID:BOB839F5-0752-441C-8D72-BDC1050FC976 6© Document e-signed by Lauren Prieur(Lauren.Prieur@fortworthtexas.gov) Signature Date:2022-11-08-4:53:39 PM GMT-Time Source:server-IP address: 166.137.115.11 Document emailed to William.Johnson@fortworthtexas.gov for signature 2022-11-08-4:53:41 PM GMT Email viewed by William.Johnson@fortworthtexas.gov 2022-11-08-7:43:03 PM GMT-IP address:204.10.90.100 Signer William.Johnson@fortworthtexas.gov entered name at signing as William Johnson 2022-11-08-7:43:26 PM GMT-IP address:204.10.90.100 Document e-signed by William Johnson (William.Johnson@fortworthtexas.gov) Signature Date:2022-11-08-7:43:28 PM GMT-Time Source:server-IP address:204.10.90.100 Document emailed to Priscilla.Ramirez@fortworthtexas.gov for approval 2022-11-08-7:43:30 PM GMT Email viewed by Priscilla.Ramirez@fortworthtexas.gov 2022-11-08-8:31:28 PM GMT-IP address:204.10.90.100 Signer Priscilla.Ramirez@fortworthtexas.gov entered name at signing as Priscilla Ramirez 2022-11-08-8:31:53 PM GMT-IP address:204.10.90.100 Document approved by Priscilla Ramirez(Priscilla.Ramirez@fortworthtexas.gov) Approval Date:2022-11-08-8:31:55 PM GMT-Time Source:server-IP address:204.10.90.100 Document emailed to Douglas.Black@fortworthtexas.gov for signature 2022-11-08-8:31:56 PM GMT �9 Email viewed by Douglas.Black@fortworthtexas.gov 2022-11-10-3:55:41 PM GMT-IP address:204.10.90.100 6© Signer Douglas.Black@fortworthtexas.gov entered name at signing as DBlack 2022-11-10-3:56:10 PM GMT-IP address:204.10.90.100 Document e-signed by DBlack(Douglas.Black@fortworthtexas.gov) Signature Date:2022-11-10-3:56:12 PM GMT-Time Source:server-IP address:204.10.90.100 Document emailed to Melissa Brunner(melissa.brunner@fortworthtexas.gov) for approval 2022-11-10-3:56:14 PM GMT Email viewed by Melissa Brunner(melissa.brunner@fortworthtexas.gov) 2022-11-10-3:56:43 PM GMT-IP address: 166.137.115.69 Document approved by Melissa Brunner(melissa.brunner@fortworthtexas.gov) Approval Date:2022-11-10-8:46:03 PM GMT-Time Source:server-IP address:204.10.90.100 FORT WORTH Pmwed by Adobe Acrobat Sign DocuSign Envelope ID:BOB839F5-0752-441C-8D72-BDC1050FC976 2.9 Document emailed tojannette.goodall@fortworthtexas.gov for signature 2022-11-10-8:46:04 PM GMT Email viewed by jannette.goodall@fortworthtexas.gov 2022-11-10-9:38:29 PM GMT-IP address: 166.137.115.15 Signer jannette.goodall@fortworthtexas.gov entered name at signing as Jannette S. Goodall 2022-11-10-9:38:57 PM GMT-IP address: 166.137.115.15 Document e-signed by Jannette S. Goodall Oannette.goodall@fortworthtexas.gov) Signature Date:2022-11-10-9:38:59 PM GMT-Time Source:server-IP address: 166.137.115.15 Agreement completed. 2022-11-10-9:38:59 PM GMT FORT WORTH Pow.rd by Adobe Acrobat Sign