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HomeMy WebLinkAboutCAG2022-062 - Original - Union Pacific Railroad Company - Quiet Zone - 02/18/2022Elyse for Rob Brown Public Works 02/11/2022 02/18/2022 N/A 10-3028 N/A Union Pacific Railway Company Contract Original UPRR Railroad Quiet Zone City of Kent proposes to relocate existing traffic signals to be closer in proximity to the vehicular lanes at the crossing Willis Street/WA 516. $25,000.00 Other Start date is 90 calendar days after the City issues its Notice to Proceed. 2/14/22 2/17/22 CAG2022-062 2/17/22 - rtn to originator for fully executed copy. MM DocuSign Envelope ID: BD8F8B17-772F-40B5-9DD0-BC11D9317E78 UPRR REMS Project 101539 REIMBURSEMENT AGREEMENT PRELIMINARY ENGINEERING SERVICES Effective Date: 2/18/2022 Agency: CITY OF KENT, WASHINGTON 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 AGENCY (Agency). RECITALS A. Agency desires to initiate the project more particularly described on Exhibit A attached hereto (the Project). B. The Project will affect Railroad's track and right of way 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. AGREEMENT NOW THEREFORE, the parties hereto agree as follows: 2. 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. 3. 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. Within sixty (60) days 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 if Agency declines to proceed with the Project or Railroad elects not to approve the Project. DocuSign Envelope ID: BD8F8B17-772F-40B5-9DD0-BC11D9317E78 4. 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. 5. 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. 6. 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. 7. No amendment or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties. 8. 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 KENT, WASHINGTON UNION PACIFIC RAILROAD COMPANY, a Delaware Corporation DocuSignetl by Signature Signature Dana Ralph Peggy Ygbuhay Printed Name Printed Name Mayor Title _Manager I, Engineering — Public Projects_ Title DocuSign Envelope ID: BD8F8B17-772F-40B5-9DD0-BC11D9317E78 Exhibit A Project Description and Location Project Description City of Kent, WA proposes to relocate existing traffic signals to be closer in proximity to the vehicular lanes at the crossing referred to below. Location Seattle Subdivision DOT Crossing Type Milepost Street Name 396581 U Public 166.65 Willis Street/WA 516 DocuSign Envelope ID: BD8F8B17-772F-40B5-9DD0-BC11D9317E78 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: BD8F8B17-772F-40B5-9DD0-BC11D9317E78 Exhibit C Billing Contact Information Name Rob Brown Title Transportation Engineering Manager Address 220 Fourth Avenue South, Kent, WA, 98032 Work Phone (253) 856-5571 Cell Phone Email RBrown@KentWA.gov Agency Project No. Certificate Of Completion Envelope Id: BD8F8B17772F40B59DDOBC11D9317E78 Subject: Please Review & Execute: PE > WA > KENT > WILLIS STREET/WA 516 > DOT 396581 U Source Envelope: Document Pages: 5 Signatures: 1 Certificate Pages: 5 Initials: 0 AutoNav: Enabled Envelopeld Stamping: Enabled Time Zone: (UTC-06:00) Central America Record Tracking Status: Original 2/18/2022 7:54:44 AM Signer Events Peggy Ygbuhay pygbuhay@up.com Manager I UPRR Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 5/14/2020 9:46:57 PM ID:8e3bcdaa-2b2b-4da6-aa46-f5a0258efa8a In Person Signer Events Editor Delivery Events Agent Delivery Events Intermediary Delivery Events Certified Delivery Events Carbon Copy Events Rob Brown RBrown@KentWA.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Holder: Alex Campbell acampbe@upcontractor.up.com Signature by[D-USil"ed GYA qO BFB6DEE35673469... Signature Adoption: Pre -selected Style Using IP Address: 45.54.164.134 Signature Status Status Status Status Status COPIED Ellis Mays PI E � eamays@upcontractor.up.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 11/29/2021 7:04:49 PM ID: 04e48e3f-f834-4fbe-bacf-75877bffe8b5 Witness Events Signature DocuSign Status: Completed Envelope Originator: Alex Campbell 1400 Douglas St MS910 Omaha, NE 68179 acampbe@upcontractor.up.com IP Address: 45.54.251.213 Location: DocuSign Timestamp Sent: 2/18/2022 7:58:07 AM Viewed: 2/18/2022 8:27:41 AM Signed: 2/18/2022 8:27:53 AM Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp Sent: 2/18/2022 8:27:54 AM Viewed: 2/18/2022 1:08:41 PM Sent: 2/18/2022 8:27:54 AM Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 2/18/2022 7:58:07 AM Certified Delivered Security Checked 2/18/2022 8:27:41 AM Signing Complete Security Checked 2/18/2022 8:27:53 AM Completed Security Checked 2/18/2022 8:27:54 AM Payment Events Status Timestamps Electronic Record and Signature Disclosure Electronic Record and Signature Disclosure created on: 10/10/2019 12:19:52 PM Parties agreed to: Peggy Ygbuhay, Ellis Mays 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. 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