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Home My WebLink AboutContract 62906Docusign Envelope ID: DF6A1006-CBDC-44E1-909A-4D86182A686E REIMBURSEMENTAGREEM.ENT PRELIMINARY ENGINEERING SERVICES Effective Date: 3/4/2025 Estimate; $50;000.00 CSC No. 62906 UPRRREMS Project 789573 THIS REIMBURSEMENT AGREEMENT (Agreement) Is made a:nd 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 Proje.ct will affect Railroad's track and right of way at or near the Project areamore particularly descfibed on Exhibit A. C. Railroad agrees to coUaborate With Agency on the conceptualiz:ation a:nddevelopment 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 representative.s, at Agency's sole costand expense, agrees top>erform (or shall cause a third-party consultant to perform on Railroad's behalf) the preliminary .engineering services work deserfbed on Exhibit B attached hereto (PE Work). Agenoy .aclq'Jowledges and agrees tbat: (a) Railroad's review of any Project designs. plans and/or s.pecifications, as part of the PE Work, Is limited exclusively to. potential impacts on existing andfuture Railroad facilities and eperati.ons;. (b) Railroad makes no representations, or warranties asto the validity. accuracy, legal complilii.nce, or completeness of the PE Work; and (c) Agency'sreliance 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 au actual costs and ex.pens.es. incurred. for .the PE Work. During the performance of the PE Work, Railroad wm provide (and/or wm cause its third-party consultant to provide) progressive bflling to Agency based on actual costs in connection with the PE Work. Within sixty (60) days after compl.etion af the PE Work, Railroad will submit (and/or will caus.e 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 consul.tant, 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 us.ing the contact information provided on Exhibit C .. Agency's obfigatlon hereunder to reimburse Railroad (and/or its third-party consUltant, as app>Ucable) for the PE Work shall apply regardless whether Agencydecllnes to proceed with the Project or Railroad elects notto approve the Project. 1 Docusign Envelope ID: DF6A1006-CBDC-44E1-909A-4D86182A6B6E 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 Signature Jesica McEachern Printed Name Assistant City Manager Title 2 UNION PACIFIC RAILROAD COMPANY, a Delaware Corporation IJDocuSigned by: l!::Q::::EQSignature Erik Lewis Printed Name Manager I, Industry & Public Projects Title Docusign Envelope ID: DF6A1006-CBDC-44E1-909A-4D86182A6B6E APPROVAL RECOMMENDED: df__,:7~:-,._ By: Lauren Prieur (Jan 23, 2025 09:33 CST) Lauren Prieur,Director Transportation and Public Works APPROVED AS TO FORM AND LEGALITY: By: Douglas Black (Feb 28, 202513:28 CST) Douglas W. Black Senior Assistant City Attorney FORM 1295: N/A CONTRACT AUTHORIZATION M&C: N/A Date Approved: N/A ATTEST: � A �By: _U ___________ _ 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. Fanfqf(abq By: Fanta Kaba (Jan 17, 2025 09:40 CST) Fanta Kaba Project Manager 3 Docusign Envelope ID: DF6A1006-CBDC-44E1-909A-4D86182A6B6E Exhibit A Project Description and Location Project Description City of Fort Worth, Texas proposes to upgrade channelization devices to concrete medians at five at-grade crossing locations referred to below. Location Crossing Subdivision DOT Type Milepost Street Name FT. WORTH 415961 F Public 243.24 Sycamore School Road MIDLOTHIAN 765264J Public 48.35 Butler Street CHOCTAW 795349T Public 738.1 Keller Haslet Road CHOCTAW 795356D Public 741.376 Wall Price Keller Road MIDLOTHIAN 912113A Public 49.31 YC Shamblee Road Docusign Envelope ID: DF6A1006-CBDC-44E1-909A-4D86182A6B6E 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: DF6A1006-CBDC-44E1-909A-4D86182A6B6E Exhibit C Billing Contact Information Name Fanta Kaba Title Project Manager Address 100 Fort Worth Trail, Fort Worth, TX 76102 Work Phone (817) 682-3181 Cell Phone Email Fanta.Kaba@fortworthtexas.gov Agency Project No.