Laserfiche WebLink
1 <br />QZ ID: CA001010 <br />UPRR REMS <br />Project 808333 <br />REIMBURSEMENT AGREEMENT <br />PRELIMINARY ENGINEERING SERVICES <br /> Effective Date: <br />Estimate: $50,000.00 <br />THIS REIMBURSEMENT AGREEMENT (Agreement) is made and entered into as of the <br />Effective Date, by and between UNION PACIFIC RAILROAD COMPANY, a Delaware <br />corporation (Railroad), and THE CITY OF PLEASANTON, CALIFORNIA (Agency). <br />RECITALS <br />A.Agency desires to initiate the project more particularly described on Exhibit A <br />attached hereto (Project). <br />B.The Project will affect Railroad's track, right of way, or operations at or near the <br />Project area more particularly described on Exhibit A. <br />C.Railroad agrees to collaborate with Agency on the conceptualization and <br />development of the Project in accordance with the terms and conditions of this Agreement and <br />any federal regulations. <br />AGREEMENT <br />NOW THEREFORE, the parties hereto agree as follows: <br />1.Railroad, and/or its representatives, at Agency's sole cost and expense, agrees to <br />perform (or shall cause a third-party consultant to perform on Railroad's behalf) the preliminary <br />engineering services work described on Exhibit B attached hereto (PE Work). Agency <br />acknowledges and agrees that: (a) Railroad's review of any Project designs, plans and/or <br />specifications, as part of the PE Work, is limited exclusively to potential impacts on existing and <br />future Railroad facilities and operations; (b) Railroad makes no representations or warranties as <br />to the validity, accuracy, legal compliance, or completeness of the PE Work; and (c) Agency's <br />reliance on the PE Work is at Agency's own risk. <br />2.Notwithstanding the Estimate (Estimate), Agency agrees to reimburse Railroad <br />and/or Railroad's third-party consultant, as applicable, for one hundred percent (100%) of all <br />actual costs and expenses incurred for the PE Work. During the performance of the PE Work, <br />Railroad will provide (and/or will cause its third-party consultant to provide) progressive billing to <br />Agency based on actual costs in connection with the PE Work. After completion of the PE Work, <br />Railroad will submit (and/or will cause its third-party consultant to submit) a final billing to Agency <br />for any balance owed for the PE Work. Agency shall pay Railroad (and/or its third-party <br />consultant, as applicable) within thirty (30) days after Agency's receipt of any progressive and <br />final bills submitted for the PE Work. Bills will be submitted to the Agency using the contact <br />information provided on Exhibit C. Agency's obligation hereunder to reimburse Railroad (and/or <br />its third-party consultant, as applicable) for the PE Work shall apply regardless whether Agency <br />declines to proceed with the Project or Railroad elects not to approve the Project. <br />ATTACHMENT 1 <br />Page 62 of 242