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R-09-04-23-10D3 - 4/23/2009RESOLUTION NO. R -09-04-23-10D3 WHEREAS, the City of Round Rock ("City") and the Union Pacific Railroad Company ("UPRR") entered into a Public Road Crossing Improvement Agreement ("Agreement") for the crossing at Sam Bass Road, on August 28, 2008, and WHEREAS, the City now desires to enter into a Supplemental Agreement to the Agreement, and WHEREAS, the City Council wishes to approve said Agreement, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Supplemental Agreement with Union Pacific Railroad Company, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amende RESOLVED this 23rd day of April,2 0 ATTEST: . 4fAxkl, SARA L. WHITE, City Secretary 0:\wdox\SCC1nts\0112\0905\MUNICIPAL\R90923D3.DOC/cmc City of Round Rock, Texas 68- C/i-F-, 1viayr- Pio-1 to BUILDIN AMERICA' UPRR Folder No.: 2488-41 UPRR Audit No.: 249032 SUPPLEMENTAL AGREEMENT THIS SUPPLEMENTAL AGREEMENT (the "Second Supplement") is made as of the day of , 200 , by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation ("Railroad") and the CITY OF ROUND ROCK, a municpal corporation of the State of Texas ("City"). RECITALS: By instrument dated September 12, 2008, the parties hereto or their predecessors in interest (if any), entered into an agreement identified as Railroad's Folder No. 2488-41, Audit No. 249032 (the "Original Agreement") covering the surface improvements to the existing Sam Bass Road at - grade public road crossing, (DOT No. 439-701F), located at Railroad Mile Post 1.62 on its Georgetown Industrial Lead in Round Rock, Williamson County, Texas (the "Roadway"). The Railroad and the City now wish to enter into this Supplemental Agreement providing for the Railroad, at City's expense, installing automatic flashing light crossing signals with gates, and some surface work associated with the signal improvements, as such signal improvements are described in the Railroad's Signal Material Estimate work dated July 26, 2008, marked Exhibit A, attached hereto and hereby made a part hereof (the "Estimate"). The signal improvements described in this paragraph and in the Estimate are hereinafter collectively referred to as the "Signal Improvements". The scope of work involving the Signal Improvements and the locations of the Signal Improvements are described and shown on the Railroad's Detailed Signal Work Prints marked Exhibit B, attached hereto and hereby made a part hereof AGREEMENT: NOW, THEREFORE, IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: SECTION 1. RAILROAD'S INSTALLATION OF SIGNAL IMPROVEMENTS A. The Railroad, at City's expense, shall install the Signal Improvements. As set forth in the Estimate, the Railroad's estimated cost of installing the Signal Improvements is Two Hundred Forty -Seven Thousand Five Hundred Forty -Seven Dollars ($247,547.00). B. The City agrees to reimburse the Railroad for one hundred percent (100%) of all actual costs incurred by the Railroad in connection with this Second Supplement including, but not limited to, actual costs of preliminary engineering review, construction inspection, procurement of materials, equipment rental, manpower and deliveries to the job site and all of the Railroad's normal and customary additives which shall include direct and indirect overhead costs associated therewith. C. The Railroad shall send progressive billing to the City during the project and final billing to the 2488-41 City of Round Rock, TX Page 1 of 3 Sam Bass Road EXHIBIT nAn Revised January 22, 2009 BUILDING AMER! City within one hundred eighty (180) days after the Railroad has completed the installation and construction of the Signal Improvements. SECTION 2. MAINTENANCE OF SIGNAL IMPROVEMENTS The City agrees to reimburse the Railroad the cost of future maintenance of the automatic grade -crossing protection within thirty (30) days of the City's receipt of billing. SECTION 3. INTERFERENCE The City shall take all suitable precautions to prevent any interference (by induction, leakage of electricity or otherwise) with the operation of the signal, communication lines or other installations or facilities of the Railroad or its tenants, and if at any time the operation or maintenance of the signals results in any electrostatic effects which the Railroad deems undesirable or harmful, or causes interference with the use and operation of the signal, communication lines or other installations or facilities, as now existing or which may be installed or constructed in the future by the Railroad and/or its tenants, the City shall, at its expense, immediately take such action as may be necessary to eliminate such interference. SECTION 4. AGREEMENT IS SUPPLEMENTAL TO ORIGINAL AGREEMENT This Supplement is supplemental to the Original Agreement, and nothing contained in this Supplement shall be construed as amending or modifying the Original Agreement except has herein specifically provided. SECTION 5. AUTHORIZATION The persons signing this Supplement confirm that they are duly authorized under the Railroad's or City 's policies and procedures to execute this Supplement and to bind the Railroad and City, as the case may be, to the obligations under this Supplement. 2488-41 City of Round Rock, TX Sam Bass Road Page 2 of 3 Revised January 22, 2009 BUILDING AMERICA' IN WITNESS WHEREOF, the parties hereto have caused this Second Supplement to be executed in duplicate as of the date first herein written. 2488-41 City of Round Rock, TX Sam Bass Road UNION PACIFIC RAILROAD COMPANY (Federal Tax ID No. 94-6001323) By JAMES P. GADE Director Contracts CITY OF ROUND ROCK By Title: Page 3 of 3 Revised January 22, 2009 Cover Sheet for the Railroad's Signal Material Estimate DATE: 2008-07-26 ESTIMATE OF MATERIAL AND FORCE ACCOUNT 'WORK """ BY THE UNION PACIFIC RAILROAD THIS ESTIMATE GOOD FOR 6 MONTHS EXPIRATION DATE IS :2009-01-24 DESCRIPTION OF WORK: INSTALL AUTOMATIC FLASHING LIGHT CROSSING SIGNALS WITH GATES AT ROUND ROCK, TX. SAM BASS RD. M.P.1.62 ON THE GEORGETOWN IND. LEAD DOT 439 701F WORK TO BE PERFORMED BY RAILROAD WITH EXPENSE AS BELOW: SIGNAL - CITY OF ROUND ROCK, TX. - 1001 ESTIMATED USING FEDERAL ADDITIVES WITH OVERHEAD AND INDIRECT COST'S - 167.76* PID: 57965 AWG; 59728 MP,SUBDIV: 1.62, GEORGETOWN SERVICE UNIT: 12 CITY; ROUND ROCK STATE: TX DESCRIPTION QTY UNIT LABOR MATERIAL RECOLL UPRR TOTAL ENGINEERING W0RK ENGINEERING 6922 6922 6922 LABOR ADDITIVE 167.761 19611 19611 19611 SIG-HWY XNG 4821 4821 4821 TOTAL ENGINEERING 31354 31354 31354_ SIGNAL WORK BILL PREP 900 900 900 CONTRACT 5470 5470 5470 LABOR ADDITIVE 167.761 61440 61440 61440 MATL STORE EXPENSE 11 11 11 METER SERVICE 2000 2000 2000 NON STOCK GATES ASSEM. 16522 16522 16522 PERSONAL EXPENSES 21006 21006 21006 ROCK/GRAVEL/FILL 3000 3000 3000 SIGNAL 36623 54704 91327 91327 TRANSP/IB/OB/RCLW CONTE 9790 9790 9790 WZT CONTROL 4726 4726 4726 ENVIRONMENTAL 1. 1 1 TOTAL SIGNAL 98963 117230 216193 216193 LABOR/MATERIAL EXPENSE 130317 117230 RECOLLECTIBLE/UPRR EXPENSE 247547 0 ESTIMATED PROJECT COST 247547 THE ABOVE FIGURES ARE ESTIMATES ONLY AND SUBJECT TO FLUCTUATION. IN THE EVENT OF AN INCREASE OR DECREASE IN THE COST OR QUANTITY OF MATERIAL OR LABOR REQUIRED, UPRR WILL BILL FOR ACTUAL CONSTRUCTION COSTS AT THE CURRENT EFFECTIVE RATE. Exhibit A Railroad Signal Material Estimate E HIB IT B To Supplemental.Agreement; GQver -Sheet for the Railroad's Detailed Signal Work Prints 0 0 Y 0 TO MAIN UNE 939' 25.5.2 SEC. (C.T.7 0 20 M.P.H. 939.25.5.2 SEC. (C.T.la 20 M.P.H. z p p �_N a 1D N iL 0 P T N 0 io • et- 64 14 16 6' \ \ ' ♦ N. to irtttet 1n u /f\ \ S \ \ N. \N. 4 N. \\N. 0 Zyl 1H1 N z N 0 6 X w z E el' i 08 u& i°T ry WZW Ke Zay3bpf� Ee mW z Jeel f WNx vVWJ Ng W: 145 p0 yIQ3LL ��e-p^(p ¢? W¢x .N..Y pO ad tel - 2T =4'w mob�++ v w WFWm a 5 �`¢5. p�w'`� N a a app 0 �ar 41tE �� 1i!j3 JJW 3. C 17-14 gemJ¢ �¢Y 4 ¢ k.2 ALL LIGHTS TO BE Ir ROUNDELS. 09.0 0U t.'W J0 01 s133ri0oi Q 1 N UNION PACIFIC JF b El 4 Exhibit B Railroad Detailed Signal Work Print DATE: April 16, 2009 SUBJECT: City Council Meeting — April 23, 2009 ITEM: 10D3. Consider a resolution authorizing the Mayor to execute a Supplemental Agreement to the Public Road Crossing Improvement Agreement with Union Pacific Railroad Company for the Sam Bass Road Project. Department: Staff Person: Justification: Transportation Services Tom Word, P.E., Chief of Public Works Operation This Supplemental Agreement with Union Pacific Railroad (UPRR) is for signal improvements to the existing Sam Bass Road at -grade public road crossing at UPRR mile post 1.62. The Agreement will provide for UPRR to install automatic flashing Tight crossing signals with gates and surface work associated with signal improvements. The associated costs provide for preliminary engineering review, construction inspection, materials procurement and equipment rentals. This work will widen the existing surface crossing to accommodate additional pavement width. Funding: Cost: $247,547.00 Source of funds: 4B Outside Resources: Union Pacific Railroad Company Background Information: The original contract was approved by City Council on August 28, 2008 (R -08-08-28-9C1). The Railroad will furnish all labor and supervision for the installation of 96 -feet of concrete road crossing panels, re- lay 320 -feet of track, install 70 cross ties, install 2 carloads of ballast, other surface and track materials, the Engineering and flagging all of the intersections of the Railroad's Georgetown Industrial Lead with Sam Bass Road. Public Comment: N/A EXECUTED DOCUMENT FOLLOWS BUILDING AMERICA' UPRR Folder No.: 2488-41 UPRR Audit No.: 249032 SUPPLEMENTAL AGREEMENT ,A,,�,,,,�� THIS SUPPLEMENTAL AGREEMENT (the "Second Supplement") is made as of the 1,23= day of kvi:e. , 200 9 , by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation ("Railroad") and the CITY OF ROUND ROCK, a municpal corporation of the State of Texas ("City"). RECITALS: By instrument dated September 12, 2008, the parties hereto or their predecessors in interest (if any), entered into an agreement identified as Railroad's Folder No. 2488-41, Audit No. 249032 (the "Original Agreement") covering the surface improvements to the existing Sam Bass Road at - grade public road crossing, (DOT No. 439-701F), located at Railroad Mile Post 1.62 on its Georgetown Industrial Lead in Round Rock, Williamson County, Texas (the "Roadway"). The Railroad and the City now wish to enter into this Supplemental Agreement providing for the Railroad, at City's expense, installing automatic flashing light crossing signals with gates, and some surface work associated with the signal improvements, as such signal improvements are described in the Railroad's Signal Material Estimate work dated July 26, 2008, marked Exhibit A, attached hereto and hereby made a part hereof (the `Estimate"). The signal improvements described in this paragraph and in the Estimate are hereinafter collectively referred to as the "Signal Improvements". The scope of work involving the Signal Improvements and the locations of the Signal Improvements are described and shown on the Railroad's Detailed Signal Work Prints marked Exhibit B, attached hereto and hereby made a part hereof AGREEMENT: NOW, THEREFORE, IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: SECTION 1. RAILROAD'S INSTALLATION OF SIGNAL IMPROVEMENTS A. The Railroad, at City's expense, shall install the Signal Improvements. As set forth in the Estimate, the Railroad's estimated cost of installing the Signal Improvements is Two Hundred Forty -Seven Thousand Five Hundred Forty -Seven Dollars ($247,547.00). B. The City agrees to reimburse the Railroad for one hundred percent (100%) of all actual costs incurred by the Railroad in connection with this Second Supplement including, but not limited to, actual costs of preliminary engineering review, construction inspection, procurement of materials, equipment rental, manpower and deliveries to the job site and all of the Railroad's normal and customary additives which shall include direct and indirect overhead costs associated therewith. C. The Railroad shall send progressive billing to the City during the project and final billing to the 12---oc- 0 b 2488-41 City of Round Rock, TX Sam Bass Road Page 1 of 3 Revised January 22, 2009 BUILDING AMER! City within one hundred eighty (180) days after the Railroad has completed the installation and construction of the Signal Improvements. SECTION 2. MAINTENANCE OF SIGNAL IMPROVEMENTS The City agrees to reimburse the Railroad the cost of future maintenance of the automatic grade -crossing protection within thirty (30) days of the City's receipt of billing. SECTION 3. INTERFERENCE The City shall take all suitable precautions to prevent any interference (by induction, leakage of electricity or otherwise) with the operation of the signal, communication lines or other installations or facilities of the Railroad or its tenants, and if at any time the operation or maintenance of the signals results in any electrostatic effects which the Railroad deems undesirable or harmful, or causes interference with the use and operation of the signal, communication lines or other installations or facilities, as now existing or which may be installed or constructed in the future by the Railroad and/or its tenants, the City shall, at its expense, immediately take such action as may be necessary to eliminate such interference. SECTION 4. AGREEMENT IS SUPPLEMENTAL TO ORIGINAL AGREEMENT This Supplement is supplemental to the Original Agreement, and nothing contained in this Supplement shall be construed as amending or modifying the Original Agreement except has herein specifically provided. SECTION 5. AUTHORIZATION The persons signing this Supplement confirm that they are duly authorized under the Railroad's or City 's policies and procedures to execute this Supplement and to bind the Railroad and City, as the case may be, to the obligations under this Supplement. 2488-41 City of Round Rock, TX Sam Bass Road Page 2 of 3 Revised January 22, 2009 BUILDING AMERICA° IN WITNESS WHEREOF, the parties hereto have caused this Second Supplement to be executed in duplicate as of the date first herein written. 2488-41 City of Round Rock, TX Sam Bass Road UNION PACIF ' • ILROAD COMPANY (Feder..* ID No. 94-6001323) By JAMES P. GADE Director Contracts Page 3 of 3 Revised January 22, 2009 5 � E e 3�S AW ` 3 1LOON �„jF t My � \E 3Eos5 65 3s£ 3�£f P .393 �3 J epi r �£ 3 3 ks Alk \ e 0", Mums MAI" "F \ s —U _710"'k 1 \� ON 7,A P-W ¢ v ra a v' € N asp, ff "T" Of!Dkt Tcer � ta A e eM_ � p iR a E r Ay­_ T i (� 3 F r Rat ad' a ` at E ae �n t 'U,QMR3nngl ` Mr vllMeng M. Ok � 1 3 R y� Cuc Hoy B i,q' 3P•. 0'�i 3 lip # 5. 4 ( 3NPIP3 3. �A 3' Mrs EF maps £ ' k isal EE�, V AV .. Piillm4lrc e ! INS DATE: 2008-07-26 ESTIMATE OF MATERIAL AND FORCE ACCOUNT WORK BY THE UNION PACIFIC RAILROAD THIS ESTIMATE GOOD FOR 6 MONTHS EXPIRATION DATE IS :2009-01-24 DESCRIPTION OF WORK: INSTALL AUTOMATIC FLASHING LIGHT CROSSING SIGNALS WITH GATES AT ROUND ROCK, TX. SAM BASS RD. M.P.1.62 ON THE GEORGETOWN IND. LEAD DOT 439 701F WORK TO BE PERFORMED BY RAILROAD WITH EXPENSE AS BELOW: SIGNAL - CITY OF ROUND ROCK, TX. - 100t ESTIMATED USING FEDERAL ADDITIVES WITH OVERHEAD AND INDIRECT COST'S - 167.76% PID: 57965 AMU: 59728 SERVICE UNIT: 12 CITY: ROUND ROCK DESCRIPTION HP,SUBDIV: 1.62, GEORGETOWN STATE: TX QTY UNIT LABOR MATERIAL RECOLL UPRR TOTAL ENGINEERING WORK ENGINEERING 6922 6922 6922 LABOR ADDITIVE 167.76% 19611 19611 19611 SIG-HWY XNG 4821 4821 4821 TOTAL ENGINEERING 31354 31354 31354 SIGNAL WORK BILL PREP 900 900 900 CONTRACT 5470 5470 5470 LABOR ADDITIVE 167.761 61440 61440 61440 MATL STORE EXPENSE 11 11 11 METER SERVICE 2000 2000 2000 NON STOCK GATES ASSEM. 16522 16522 16522 PERSONAL EXPENSES 21006 21006 21006 ROCK/GRAVEL/FILL 3000 3000 3000 SIGNAL 36623 54704 91327 91327 TRANSP/IB/OB/RCLW CONTR 9790 9790 9790 WZT CONTROL 4726 4726 4726 ENVIRONMENTAL TOTAL SIGNAL 1 1 1 98963 117230 216193 216193 LABOR/MATERIAL EXPENSE 130317 117230 RECOLLECTIBLE/UPRR EXPENSE 247547 0 ESTIMATED PROJECT COST 247547 THE ABOVE FIGURES ARE ESTIMATES ONLY AND SUBJECT TO FLUCTUATION. IN THE EVENT OF AN INCREASE OR DECREASE IN THE COST OR QUANTITY OF MATERIAL OR LABOR REQUIRED, UPRR WILL BILL FOR ACTUAL CONSTRUCTION COSTS AT THE CURRENT EFFECTIVE RATE. Exhibit A Railroad Signal Material Estimate -10 �. M _ € H § 3 § 9 N - § A � 314 � W! l 9 -'IRS 'a ¢a i 3 �Ma '' - 3 a• �aEq I:a ra�s '�`� � 6 c- ..........dp � { E=A e� 3 E I F E -, & ¢WOU � O oat ailr 's ails io rin �g Ma X y. 32 ; a L SPIEL' VIN x EE e i NO b) i a. �.�� 3 �> E \ Ion 5 IMF T IF Miami a s E F rM�: WIP ag3 A TO KERR DX002 939' 25.5.2 SEC. cC.T.I O 20 M.P.M 939' 25*5.2 SEC._(C.T.) 0 20 M.P.M. To 10 0 112 c 11Z Z9Z Z1Z ¢ N1151X/Z11 811SIM/ill C 1' $� + .iY WONDER DRIVE \ti Z91 191 1�N 0 :.it N 1 1- 8 g LL uk $zrg� g p irc g,0w J� 0 o Ja• TQ bl Of ¢' m A Z FO O f0 ayJN6I UQ1..Q114 ;I -I, p £ L.:" u< F aF7 m^! Z oa g i„,11 1Wy Y! S c-rcc— r yy1-% m 0.4-.% O O 6l mi_7 z�z��: �'V � i^I p0 ¢WT t- ILL W .5w 9dQWoi a5'a a 0 V.-. ,' W@gkgD' 0.fzz Jaagr ^ G 2 ta. .~N.. ~ L. t.,H � 3,/ ycc t37 W FF.4 IOW FQl ¢rZ ¢ W iii g� 09'0 MM. V80 01 9133111100 • b N x 0 1 J ▪ N N J • ▪ $ m .0 W F .• • .001 x J 0 V V X 2 b S nr 0 CO 1 N d C .1 =1 Exhibit B Railroad Detailed Signal Work Print