HomeMy WebLinkAbout065527 - Construction-Related - Contract - Union Pacific Railroad Company (UPRR)Docusign Envelope ID: AACF45F8-3057-868B-81C5-AAC03C663F03
CSC No. 65527
UPRR REMS
Project 641412
REIMBURSEMENT AGREEMENT
PRELIMINARY ENGINEERING SERVICES
Effective Date: 7/14/2026
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 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, right of way, or operations 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 and
any federal regulations.
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. 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 of whether Agency
declines to proceed with the Project or Railroad elects not to approve the Project.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Docusign Envelope ID: AACF45F8-3057-868B-81C5-AAC03C663F03
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. Approval of any design submittal
shall not be construed as consent to the acquisition (or conveyance) of any property interest, nor
shall it be interpreted as a representation that any such acquisition (or conveyance) would be
compatible with or non -interfering with Union Pacific's current and future railroad operations.
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
C
Signature
Jesica McEachern
Printed Name
Assistant City Manager
Title
UNION PACIFIC RAILROAD COMPANY,
a Delaware Corporation
Signed by:
fiu� �o{faw
M�tE48B4B&_
Tiecy Cotton
Printed Name
Manager I, Industry & Public Projects
Title
Docusign Envelope ID: AACF45F8-3057-868B-81C5-AAC03C663F03
APPROVAL RECOMMENDED:
de .7 .
Bv-Lauren Prieur (Jun 30, 2026 09:30:16 CDT)
--------------------
Lauren Prieur,Director
Transportation and Public Works
APPROVED AS TO FORM AND LEGALITY:
By: Douglas B I a c k (Jun32026 10:58_26CDT)
Douglas W. Black
Senior Assistant City Attorney
FORM 1295: N/A
CONTRACT AUTHORIZATION
M & C : N/A 4ob�oonu
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Date Approved: N/A>o oodp
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BY"; --------------------------------------
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: —46 —rvT6 0--?
Kelly Porter
Project Manager
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Docusign Envelope ID: AACF45F8-3057-868B-81C5-AAC03C663F03
Exhibit A
Project Description and Location
Project Description
The City of Fort Worth, Texas, proposes replacing the existing traffic signal cabinet with
interconnection to the grade crossing warning system near the location referenced below.
Location
Duncan Subdivision
DOT
Crossing
Type
Milepost
Street Name
922597T
Public
599.15
Bonds Ranch Road
Docusign Envelope ID: AACF45F8-3057-868B-81C5-AAC03C663F03
Exhibit B
Scope of Project Services
Scope of work may include, but is not limited to the following:
• Field diagnostic(s) and inspections
• Review of construction documents (plans, specifications, etc.)
• Project design
• Preparation of Project estimate for force account or other work performed by the
Railroad
• Grade crossing inventory updates
• Meetings and travel
• Construction observation
Docusign Envelope ID: AACF45F8-3057-868B-81C5-AAC03C663F03
Exhibit C
Billing Contact Information
Name
Kelly Porter
Title
Program Manager
Address
100 Fort Worth Trail, Fort Worth, Texas 76102
Work Phone
(682) 225-1977
Cell Phone
Email
kelly.porter@fortworthtexas.gov
Agency
Project No.
RRAG-Reimbursement Agreement for Bonds
Ranch Road
Final Audit Report 2026-07-07
Created: 2026-06-30
By: Andrea Munoz (Andrea. Munoz@fortworthtexas.gov)
Status: Signed
Transaction ID: CBJCHBCAABAAEXD3ETUZjTC8BnMgdwlfq_pgw6ufHK_H
"RRAG-Reimbursement Agreement for Bonds Ranch Road" Hist
ory
45 Document created by Andrea Munoz (Andrea. Munoz@fortworthtexas.gov)
2026-06-30 - 1:44:59 PM GMT- IP address: 204.10.90.100
Document emailed to Nicholas Fields (Nicholas.Fields@fortworthtexas.gov) for approval
2026-06-30 - 1:58:52 PM GMT
ter:
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r� Document approved by Nicholas Fields (Nicholas.Fields@fortworthtexas.gov)
Approval Date: 2026-06-30 - 1:59:28 PM GMT - Time Source: server- IP address: 204.10.90.100
Document emailed to Lauren Prieur (Lauren. Prieur@fortworthtexas.gov) for signature
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60 Document e-signed by Lauren Prieur (Lauren. Prieur@fortworthtexas.gov)
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FoRTWORTH. I P"I'ledby
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Document approved by Lorita Lyles (Lorita.Lyles@fortworthtexas.gov)
Approval Date: 2026-06-30 - 2:34:41 PM GMT - Time Source: server- IP address: 204.10.90.100
Document emailed to Douglas Black(Douglas.Black@fortworthtexas.gov) for signature
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O'Q Document e-signed by Douglas Black(Douglas.Black@fortworthtexas.gov)
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Document signing automatically delegated to Dianna Giordano (dianna.giordano@fortworthtexas.gov) by Jesica
McEachern (jesica.mceachern@fortworthtexas.gov)
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- Document emailed to Jesica McEachern (jesica.mceachern@fortworthtexas.gov) for signature
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2026-06-30 - 3:58:29 PM GMT
C5o Document e-signed by Jesica McEachern (jesica.mceachern@fortworthtexas.gov)
Signature Date: 2026-07-07 - 5:48:03 AM GMT - Time Source: server- IP address: 69.212.100.108 - Signature Appearance Selected:
IMAGE
® Agreement completed.
2026-07-07 - 5:48:03 AM GMT
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F0 RT WO RT H
City Secretary's Office
Contract Routing & Transmittal Slip
Contractor's Name: UNION PACIFIC RAILROAD COMPANY
Subject of the Agreement: Reimbursement Agreement for Preliminary Engineering Services to replace
the existing traffic signal cabinet with interconnection to the grade crossing warning system near Milepost 599.15
on Bonds Ranch Road
M&C Approved by the Council? * Yes ❑ No 8
If so, the M&C must be attached to the contract.
Is this an Amendment to an Existing contract? Yes ❑ No 8
If so, provide the original contract number and the amendment number.
Is the Contract "Permanent"? *Yes 8 No ❑
If unsure, see back page for permanent contract listing.
Is this entire contract Confidential? *Yes ❑ No 8 If only specific information is
Confidential, please list what information is Confidential and the page it is located.
Effective Date:
If different from the approval date.
Expiration Date:
If applicable.
Is a 1295 Form required? * Yes ❑ No 8
*If so, please ensure it is attached to the approving M&C or attached to the contract.
Project Number: Ifapplicable.
*Did you include a Text field on the contract to add the City Secretary Contract (CSC)
number? Yes 8 No ❑
Contracts need to be routed for CSO processing in the following order:
1. Katherine Cenicola (Approver)
2. Jannette S. Goodall (Signer)
3. Allison Tidwell (Form Filler)
*Indicates the information is required and if the information is not provided, the contract will be
returned to the department.