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HomeMy WebLinkAboutCAG2021-056 - Original - Union Pacific Railroad Co. - Quiet Zone - 02/26/2021ApprovalOriginator:Department: Date Sent:Date Required: Authorized to Sign: Director or Designee Mayor Date of Council Approval: Grant? Yes No Type:Review/Signatures/RoutingDate Received by City Attorney: Comments: Date Routed to the Mayor’s Office: Date Routed to the City Clerk’s Office:Agreement InformationVendor Name:Category: Vendor Number:Sub-Category: Project Name: Project Details: Agreement Amount: Start Date: Basis for Selection of Contractor: Termination Date: Local Business? Yes No* Business License Verification: Yes In-Process Exempt (KCC 5.01.045) If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace. Notice required prior to disclosure? Yes No Contract Number: Agreement Routing Form For Approvals, Signatures and Records Management This form combines & replaces the Request for Mayor’s Signature and Contract Cover Sheet forms. (Print on pink or cherry colored paper) Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20 Budget Account Number: Budget? Yes No Dir Asst: Sup/Mgr: Dir/Dep: rev. 200821 FOR CITY OF KENT OFFICIAL USE ONLY (Optional) * Memo to Mayor must be attached Railroad Approved Form 08/09/2019 1 QZ ID: WA033001 UPRR REMS Project 775150 REIMBURSEMENT AGREEMENT QUIET ZONE SERVICES Public Authority: CITY OF KENT, WASHINGTON Effective Date: Estimate: $30,000.00 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 DocuSign Envelope ID: 0E7E754D-2C7D-4451-B3B2-0B70D83FA2D7 2/26/2021 Railroad Approved Form 08/09/2019 2 be 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 KENT, WASHINGTON UNION PACIFIC RAILROAD COMPANY, a Delaware Corporation Signature Signature Chad Bieren, PE Melinda S. DuBay Printed Name Printed Name Acting Public Works Director Industry & Public Projects-Manager I Title Title Dana Ralph Mayor DocuSign Envelope ID: 0E7E754D-2C7D-4451-B3B2-0B70D83FA2D7 Exhibit A Project Description and Location Project Description City of Kent, WA proposes to establish a quiet-zone at the crossings referred to below. Subdivision: Seattle At-grade crossing locations, if known. DOT Crossing Type Milepost Street Name 396581U Public 166.645 Willis Street/WA 516 396580M Public 166.88 West Meeker Street 396579T Public 166.99 West Smith Street 396578L Public 167.25 West James Street 396575R Public 169.02 South 212th Street 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 Exhibit C Billing Contact Information Name Rob Brown Title P.E. Street 220 Fourth Avenue South City/State/Zip Kent, WA, 98032 Work Phone (206) 475-4945 Cell Phone Email RBrown@KentWA.gov Certificate Of Completion Envelope Id: 0E7E754D2C7D4451B3B20B70D83FA2D7 Status: Completed Subject: Please Review & Execute: Quiet Zone > WA > KENT > QZ ID: WA033001 Source Envelope: Document Pages: 5 Signatures: 1 Envelope Originator: Certificate Pages: 5 Initials: 0 Alex Campbell AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-06:00) Central America acampbe@upcontractor.up.com IP Address: 45.54.251.213 Record Tracking Status: Original 2/26/2021 2:55:23 PM Holder: Alex Campbell acampbe@upcontractor.up.com Location: DocuSign Signer Events Signature Timestamp Melinda DuBay msdubay@up.com Engineering-Industry & Public Projects-Manager I Union Pacific Railroad Security Level: Email, Account Authentication (None) Signature Adoption: Uploaded Signature Image Using IP Address: 45.54.251.213 Sent: 2/26/2021 2:58:21 PM Viewed: 2/26/2021 3:20:00 PM Signed: 2/26/2021 3:20:10 PM Electronic Record and Signature Disclosure: Accepted: 10/22/2019 1:45:20 PM ID: b444c606-4c5b-4dd4-8676-6d8de04f75ac In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Rob Brown RBrown@KentWA.gov Security Level: Email, Account Authentication (None) Sent: 2/26/2021 3:20:11 PM Viewed: 2/26/2021 3:46:33 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Tim Oster tloster@upcontractor.up.com Security Level: Email, Account Authentication (None) Sent: 2/26/2021 3:20:12 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 2/26/2021 2:58:21 PM Certified Delivered Security Checked 2/26/2021 3:20:00 PM Signing Complete Security Checked 2/26/2021 3:20:10 PM Completed Security Checked 2/26/2021 3:20:12 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, Union Pacific Corporation (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. 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Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 10/10/2019 12:19:52 PM Parties agreed to: Melinda DuBay Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. 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