R-2021-221 - 8/26/2021 RESOLUTION NO. R-2021-221
WHEREAS, the City of Round Rock wishes to enter into a Reimbursement Agreement
("Agreement") with Union Pacific Railroad Company regarding the Quiet Zone — Phase 2 Project,
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 said
Reimbursement 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 amended.
RESOLVED this 26th day of August, 2021.
4 M/
CRAIG RGA , Mayor
City of Round Rock, Texas
ATTEST:
in
MEAGAN INKS, De uty City Clerk'
0112.20212,00479115
EXHIBIT
QZ ID: TX491004
UPRR REMS
Project 779610
REIMBURSEMENT AGREEMENT
QUIET ZONE SERVICES
Public Authority: CITY OF ROUND ROCK, TEXAS
Effective Date:
Estimate: $41,250.00
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 be
Railroad Approved Form 08/09/2019 1
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 ROUND ROCK, TEXAS UNION PACIFIC RAILROAD COMPANY,
a Delaware Corporation
Signature Signature
Melinda S. DuBay
Printed Name Printed Name
Manager I — Engineering, Public Projects
Title Title
Railroad Approved Form 08/09/2019 2
Exhibit A
Project Description and Location
Project Description
City of Round Rock, TX proposes to establish a quiet zone at the crossings referred to below.
Subdivision: Choctaw
At-grade crossing locations, if known.
Crossing
DOT Type Milepost Street Name
439682D Public 157.90 Brushy Creek Road
439687M Private 159.56 Private
972310C Public 158.48 Harrell Parkway
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 Bill Stablein
Title Project Manager
Street 3400 Sunrise Road
City/State/Zip Round Rock, TX, 78665
Work Phone (512) 218-3237
Cell Phone
Email bstablein@roundrocktexas.gov