HomeMy WebLinkAboutContract 59775DocuSign Envelope ID: 5CF2BF82-066C-4F30-8460-7B7AOA2ABEEB
CITY SECRETARY
ACT No.UPRK S
Project 790247
REIMBURSEMENT AGREEMENT
PRELIMINARY ENGINEERING SERVICES
Effective Date: 7/13/2023
Estimate: $26,000.00
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 (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.
ICSG RECD
JUL 19529 AN9:04
RECORD
4:, v ;SECRETARY
FT. WORTK U
DocuSign Envelope ID: 5CF2BF82-066C-4F30-8460-7B7AOA2ABEEB
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,
o a Delaware Corporation
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Signature
William Johnson Erik Lewis
Prinbad Nam* Printed Name
Assistant City Manager Manager I, Engineering — Public Projects
Title Title
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DocuSign Envelope ID: 5CF2BF82-066C-4F30-8460-7B7AOA2ABEEB
APPROVAL RECOMMENDED:
Lauren, Prieur,Director
Transportation and Public Work
APP =ED ORM AND LEGALITY:
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Douglas W. Black
Senior Assistant City Attorney
FORM 1295: NIA
CONTRACT AUTHORIZATION
M &C:
Date Approved:
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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:
Tai Nguyen
Project Manager
RECORD
3 ail. SECRETARY
i FT, WORTH, TX
DocuSign Envelope ID: 5CF2BF82-066C-4F30-8460-7B7AOA2ABEEB
Exhibit A
Project Description and Location
Project Description
City of Fort Worth, TX proposes to establish a new public at -grade crossing at the location
referred to below.
Location
Everman Subdivision
DOT
Crossing Type
Milepost
Street Name
980210T
Public
251.5
Alta Mesa Boulevard
DocuSign Envelope ID: 5CF2BF82-066C-4F30-8460-7B7AOA2ABEEB
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: 5CF2BF82-066C-4F30-8460-7B7AOA2ABEEB
Exhibit C
Billing Contact Information
Name
Tai Nguyen
Title
Railroad Coordinator
Address
200 Texas Street, Fort Worth, TX, 76179
Work Phone
(817) 392-2359
Cell Phone
Email
tai.nguyen@fortworthtexas.gov
Agency
Project No.
Alta Mesa New At Grade