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
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Electronic Record and Signature Disclosure created on: 10/10/2019 12:19:52 PM
Parties agreed to: Melinda DuBay
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