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HomeMy WebLinkAbout066036 - Construction-Related - Contract - Union Pacific Railroad Company (UPRR)CSC No. 66036 UPRR REMS Project 786783 REIMBURSEMENT AGREEMENT PRELIMINARY ENGINEERING SERVICES Effective Date: Estimate: $15,000.00 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 1 FT. WORTH, TX 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 UNION PACIFIC RAILROAD COMPANY, a Delaware Corporation Z717M ?/I4 Dana Burghdoff (Oct 13, 20 14:19:38 907) Signature Dana Burghdoff Printed Name Assistant City Manager Title Signature Tiecy Cotton Printed Name Manager I, Industry & Public Projects Title IN WITNESS WHEREOF, the Parties hereto have duly executed this Agreement as of the Effective Date. CITY OF FORT WORTH by. Dana Burghdoff (Oct 13, 20'4.19.38 Dana Burghdoff Assistant City Manager Date: 10/13/2026 RECOMMENDED FOR APPROVAL by: Midori Clark Oct 13, 2026 11:25:54 CDT) Midori Clark Fort Worth Library Director Contract Compliance Manager UNION PACIFIC RAILROAD COMPANY, a Deleware Corporation Tiecy Cotton Manager I, Industry & Public Projects Date: 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. Name: Michelle Richardson Title: Public Art Project Manager APPROVED AS TO FORM AND LEGALITY: 7Z c&a Trey Qualls Assistant City Attorney an q of FoRtt'r as ATTESTED BY: Cn aFXAood� Jmette S. Goodall City Secretary Contract Authorization: Form 1295: Not required No M&C required. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Exhibit A Project Description and Location Project Description The City of Fort Worth, Texas, proposes architectural fencing updates to an overpass near the crossing location referenced below. Location Ft. Worth Subdivision DOT Crossing Type Street Name 980208S Public East Everman Parkway 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 Exhibit C Billing Contact Information Name Michelle Richardson Title Project Manager Address 100 Fort Worth Trail, Fort Worth, TX 76102 Work Phone (214) 673-0343 Cell Phone Email michelle.richardson@fortworthtexas.gov Agency Project No. Everman Parkway Public Art FORT WORTH® City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Union Pacific Railroad Subject of the Agreement: Everman Parkway Design Review M&C Approved by the Council? * Yes ❑ No EZI If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No IZI If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes © No ❑ If unsure, see back page for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No © 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 EZI *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes O No IZI 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.