HomeMy WebLinkAboutContract 56218 DocuSign Envelope ID: F148CBF6-E2B4-478A-BE17-FF2C429D22F6
CSC No.56218
QZ ID: TX439045
UPRR REMS
Project 779279
REIMBURSEMENT AGREEMENT
QUIET ZONE SERVICES
Public Authority: CITY OF FORT WORTH, TEXAS
Effective Date: 8/24/2021
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 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 08/09/2019 1
FT. WORTH, TX
DocuSign Envelope ID: F148CBF6-E2B4-478A-BE17-FF2C429D22F6
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 UNION PACIFIC RAILROAD COMPANY,
a Delaware Corporation
DocuSigned by:
Dana Burghdoff( g 19,20 16:29 CDT)
Signature igna ure V
Dana Burghdorff Melinda S. DuBay
Printed Name Printed Name
Assistant City Manager Industry & Public Projects-Manager I
Title Title
Railroad Approved Form 08/09/2019 2
DocuSign Envelope ID:F148CBF6-E2B4-478A-BE17-FF2C429D22F6
APPROVAL RECOMMENDED:
By: Aug 17,ZC� 16 04 CDT)
7 William M. Johnson, Director
Transportation and Public Work
APPROVED AS TO FORM AND LEGALITY:
By:
Douglas W. Black
Senior Assistant City Attorney
FORM 1295: N/A
CONTRACT AUTHORIZATION
M&C: N/A
Date Approved: N/A
ATTEST: O�*6 �4CI
FOR
By G 0o��
Ronald P. Gonzales ° °°*ICY
Acting City Secretary d� °000000°°°
����EXAS.oAp
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:
Iskal Shrestha, P.E.
Project Manager
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
3
DocuSign Envelope ID: F148CBF6-E2B4-478A-BE17-FF2C429D22F6
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: Midlothian Subdivision
At-grade crossing locations, if known.
Crossing
DOT Type Milepost Street Name
765265R Public 47.1 Seminary Drive
912112T Public 47.49 Campus Drive
DocuSign Envelope ID: F148CBF6-E2B4-478A-BE17-FF2C429D22F6
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: F148CBF6-E2B4-478A-BE17-FF2C429D22F6
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