HomeMy WebLinkAboutCORRESPONDENCE - PURCHASE ORDER - 92010511
UPRR REMS
Project 771927
REIMBURSEMENT AGREEMENT
PRELIMINARY ENGINEERING SERVICES
Effective Date:
Agency: CITY OF FORT COLLINS, COLORADO
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
1. 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: 6E7830CE-2DE2DD23-BBA8-7129-44E2-4A49-A592-A59A-4B53321028FC 7D92DFF2D2C4
6/25/2020 | 10:30 AM CDT
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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 FORT COLLINS, COLORADO UNION PACIFIC RAILROAD COMPANY,
a Delaware Corporation
Signature Signature
Chris Keckeisen
Printed Name Printed Name
Manager I, Engineering - Public Projects
Title Title
DocuSign Envelope ID: 6E7830CE-BBA8-4A49-A59A-7D92DFF2D2C4
Chad Crager
Director Infrastructure Services
DocuSign Envelope ID: 2DE2DD23-7129-44E2-A592-4B53321028FC
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Exhibit A
Project Description and Location
Project Description
City of Fort Collins, CO proposes to construct a grade separated structure over UPRR tracks at
the location referred to below to accommodate pedestrians and trail users.
Location
Fort Collins Subdivision
DOT
Crossing
Type Milepost Street Name
978153G Pedestrian 25.48 Pedestrian Trail
DocuSign Envelope ID: 6E7830CE-2DE2DD23-BBA8-7129-44E2-4A49-A592-A59A-4B53321028FC 7D92DFF2D2C4
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: 6E7830CE-2DE2DD23-BBA8-7129-44E2-4A49-A592-A59A-4B53321028FC 7D92DFF2D2C4
Exhibit C
Billing Contact Information
Name Caleb Feaver
Title Project Manager
Address PO Box 580, Fort Collins, CO, 80522
Work Phone (970) 416-4229
Cell Phone
Email cfeaver@fcgov.com
Agency
Project No.
DocuSign Envelope ID: 6E7830CE-2DE2DD23-BBA8-7129-44E2-4A49-A592-A59A-4B53321028FC 7D92DFF2D2C4