CM-2026-046 - 2/6/2026 PENDING SIGNATURE FROM
OTHER PARTY
QZ ID: TX491005
UPRR REMS
Project 049615
REIMBURSEMENT AGREEMENT
PRELIMINARY ENGINEERING SERVICES
Effective Date:
Estimate: $45,000.00
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 CITY OF ROUND ROCK, TEXAS (Agency).
RECITALS
A. Agency desires to initiate the project more particularly described on Exhibit A
attached hereto Railroad Quiet Zones Phase 4 (Red Bud Lane).
B. The Project will 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 Agency on the conceptualization and
development 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 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.
2. 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. 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 whether Agency
declines to proceed with the Project or Railroad elects not to approve the Project.
aI—2021_ c/ 1
3. 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.
4. 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.
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 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 ROUND ROCK, TEXAS UNION PACIFIC RAILROAD COMPANY,
a Delaware Corporation
Signature Signature
Gro,c) W►sa mar)
Amber Stoffels
Printed Name Printed Name
"S'S O 1 04y rO9er Manager I, Industry & Public Projects
Title Title
Exhibit A
Project Description and Location
Project Description
City of Round Rock, Texas is proposing a new quiet zone at the location referenced below.
Location
Austin Subdivision
Crossing
DOT Type Milepost Street Name
439680P Public 157.25 RED BUD LANE
Exhibit B
Scope of Project Services
Scope of work includes, but is not limited to the following:
• Field diagnostic(s) and inspections
• Review of construction documents (plans, specifications, etc.)
• Quiet Zone documentation review and comments
• Project design
• Implementation efforts
• Preparation of Project estimate for force account or other work performed by the
Railroad
• Grade crossing inventory updates
• Meetings and travel
Exhibit C
Billing Contact Information
Name Bill Stablein
Title Senior Project Manager
Address 3400 Sunrise Road, Round Rock, TX 98626
Work Phone (512) 218-3237
Cell Phone
Email bstablein@roundrocktexas.gov
Agency
Project No.