HomeMy WebLinkAboutContract 53947 DocuSign Envelope ID:9F1F9682-CC1D-4710-B669-1C3EE2B975F0
UPRR REMS
Project 570869
�AY� d CSC No.53947
C17Y0�. �?p20 REIMBURSEMENT AGREEMENT
CiTys��A�q, PRELIMINARY ENGINEERING SERVICES
Effective Date: 5/28/2020 1 11:32 AM PDT
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.
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, Agency agrees to reimburse Railroad 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 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 for the
PE Work shall apply regardless if Agency declines to proceed with the Project or Railroad elects
not to approve the Project.
OFF1 AL RECORID
1
CPTY SECRETARY
FT. WORTH,T
DocuSign Envelope ID:9F1F9682-CC1D-4710-B669-1C3EE2B975F0
4. Agency acknowledges and agrees that Railroad may withhold its approval for the
Project for an operations or engineering-related 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 (CAM 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
DocuSigned by:
Fvb+S a. W66h
Dana Burghdoff(46y 26,20M 12:53 CDT)
Signature ig
Dana Burghdoff Douglas G. Woods
Printed Name Printed Name
Assistant City Manager Manager I, Industry& Public Projects
Title Title
APPROVAL RECOMMENDED:
By. Wil4aro Jo*son(May 18,2020)
William Johnson
Director, Transportation and Public Works OFFICIAL RECORD
CITY SECRETARY
FT WORTH,TX
2
DocuSign Envelope ID:9F1F9682-CCID-4710-B669-1C3EE2B975F0
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.
Tariqul I am(May 15,20201
Tariqul Islam
Project Manager
APPROVED AS TO FORM AND LEGALITY
Pyle
tY w�wr_ �u
By.u,l (May.,202012:41CDT)
Douglas W. Black
Sr. Assistant City Attorney
OF•F�RT
ATTEST:
Mary J. Kayser
City Secretary
•�'XRS.
OFFICIAL RECORD
CITY SECRETARY
3 FT WORTH,TX
DocuSign Envelope ID:9F1F9682-CC1D-4710-13669-1C3EE2B975F0
Exhibit A
Project Description and Location
Project Description
City of Fort Worth proposes to remove and replace bridge deck at the location referred to below.
Location
Ft. Worth Subdivision
Crossing
DOT Type Milepost Street Name
415956J Public 246.21 Felix Street
4
DocuSign Envelope ID:9F1F9682-CC1D-4710-13669-1C3EE2B975F0
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:9F1F9682-CC1D-4710-13669-1MEE213975F0
Exhibit C
Billing Contact Information
Name Tariqullslam
Title Graduate Engineer
Address 5001 James Avenue, Fort Worth, Texas, 76115
Work Phone (817) 392-2486
Cell Phone
Email tariqul.islam@fortworthtexas.gov