R-02-06-13-14G4 - 6/13/2002RESOLUTION NO. R- 02- 06- 13 -14G4
WHEREAS, on November 12, 1998, the City of Round Rock entered
into a Signal Interconnect Agreement with Union Pacific Railroad
( "Railroad ") for the reconstruction of the intersection of McNeil Road
at County Road 172 ( "Project "), and
WHEREAS, City Council approved the estimated costs of the Project
by Resolution No. R- 98- 11- 12 -10B6 dated November 12, 1998, and
WHEREAS, in the course of the Project, the Railroad has incurred
additional costs, and the City now wishes to authorize final payment of
$31,244.00 to the Railroad, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That City Council hereby authorizes final payment of $31,244.00 to
Union Pacific Railroad for the reconstruction of the intersection of
McNeil Road at County Road 172.
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.
..00MA\ WORLD OX\ O : \WDOX \RESOLUTI \R30613G5.uPD /ec
RESOLVED this 13th day of June, 2002.
/A
A TEST:
' .
CHRISTINE R. MARTINEZ, City Secreta
2
MAXWELL, Mayor
City of Round Rock, Texas
05/18/2002 09:59 FAX 5122185442 CITY OF ROUND ROCK
Mr. Thomas E. Ward, Jr., P. E.
Traffic Engineer
221 East Main Street
Round Rock, TX. 78664
Dear Mr. Word,
UNION PACIFIC RAILROAD COMPANY
1711 Quintana Road
San Antonio, TX 78224 — 0730
(210) 921 — 3701
(210) 921 — 3708 Fax.
d)O- Z4O `�5� 7D
February 2, 2001
FILE: Crossing: Public
TX. Round Rock
Co. Rd. 172
MP. 163.10 Austin Sub.
DOT 439 — 695 E
SUBJECT: REQUEST FINAL PAYMENT FOR INSTALLATION OF
TRAFFIC WARNING DEVICES.
This letter is in response to the cost overrun for the installation highway traffic
control signals and constant warning time circuitry at the location referenced above. On
the original estimate request the scope of work that was estimated was to install grade
crossing predictor and update circuits at County Road 172. The scope of work that was
installed in addition to what was estimated includes moving existing control circuits at
CR 172 to Williams Street and installing new batteries and a new rectifier, which is
required under current UPRR Standards and upgrading circuits at CR 172 to advance
preemption. The relocation or control circuits from CR 172 to William St. overrun
amount is 520,000.00 and the installation of advance preemption at CR 172 is
510,000.00. The annual inflation factor for the labor and materials is 3% or 51,244,00.
The total amount owed to UPRR is 531,244.00. Please submit a check made out to
Union Pacific Railroad Company, 1416 Dodge St., Omaha NE. 68179 for the total
amount listed above. If you have further questions please call me at the numbers listed
above.
cerely,
0
Larry fJ. Hatley
Mgr. of Ind. & Pub. Project
lj00Z
05/16/2002 10:00 FAX 5122185442 CITY OF ROUND RUCK
SIA 970419
Form Approved, AVP -liar
• •
SIGNAL INTERCONNECT AGREEMENT
WHEREAS, Political Body desires to undertake as its project the installation of highway traffic control
signals at the intersection of County Road CR 172 and McNeil in Round Rock, Williamson County. TX ;
and as shown generally on the attached print dated August 18, 1998, marked Exhibit A, and
oad
WHEREAS, Railroad has grade crossing protection devices at the intersection of its track and County
Road CR 172 at Mile Post 163,10 on the Austin Subdivision; and
WHEREAS, Political Body and Railroad, severally and collectively. desire to interconnect and
coordinate the operation of said signals.
AGREEMENT:
SECTION 1 - SCOPE, OF WORK
B. . Railroad agrees to install the necessary relays and other materials required for interconnect at Political
Body's expense.
C. Railroad hereby grants permission and authority to Political Body and/or its contractor to install the
conduit with the necessary wiring beneath die track on the condition that Political Body requires any of its
contractors performing work on Railroad's property to enter into a Right of Entry Agreement with Railroad.
Political Body aclmowledges receipt of a copy of the Right of Entry Agreement and understanding of its terms,
provisions, and requirements, and will inform its contractor of the need to execute the agreement. Under no
circumstances will Political Body's contractor be allowed onto Railroad's premises without first executing the
Right of Entry Agreement.
slanalin.doc P _ 0 v P
By, ' ��yV,
FEB 111999
L61003
Folder No.:
208719
Agreement Number
THIS AGREEMENT, made this /el day of ,Jov ns g, 1998, by and between UNION
PACIFIC RAILROAD COMPANY, a Delaware corporation. to be addressed at 1800 Farnam Street, Omaha,
Nebraska 68102 (hereinafter "Railroad "), and CITY OF ROUND ROCK, TEXAS, a municipal corporation of
the State of Texas to be addressed at 221 East Main Street Round Rock, TX 78664 (hereinafter "Political
Body "), WITNESSETH:
WHEREAS, Railroad agrees to install the necessary relays and other materials required to interconnect
and coordinate the operation of said railroad grade crossing protection devices with the operation of said highway
traffic control signals. Said work is to be performed at the sole expense of Political Body; and
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of
the parties hereto to be by them respectively kept and performed as hereunder set forth, it is agreed as follows:
A. Political Body and Railroad. severally and collectively, agree to interconnect and coordinate the operation
of the railroad grade crossing protection devices with the operation of the highway traffic control signals at 163.10
on the Austin Subdivision.
D. The Political Body agrees to pay the Railroad 100% of the actual cost of the Railroad's work performed
and materials supplied as hereinabove set forth, which is estimated to be Actual costs to the Railroad
include customary additives to materials and services provided by the Rail d u shown on Exhibit C, atta
hereto and hereby made a pan hereof. 79,189.00 [initial / ]
[initiates, ]
September 1D, 1998
00 /1bizuu2 10:00 1'AA 5122185442
S1A 970419
Form Approved. AVP-Law
•
SECTION 2 - CONSTRUCTION AND MAINTENANCE
CITY OF ROUND) NOCIt VI004
Folder No.:
A. Railroad will furnish all labor, material, equipment and supervision for
£ubdivisiee. installation of grade crossing predictor and upgrading circuits at Mile Post
163.10 on the Austin Subdivision.
B. Railroad shall commence work within thirty (30) days after having been notified by Political Body to
proceed with the work and shall proceed diligently until completion.
C. Railroad agrees to operate and maintain, at its expense, the necessary relays and other materials required
for the interconnection and coordination of said signals.
SECTION 3 - PAYMENT
A. In consideration of Political Body's agreement to perform and abide by the terms of this Agreement and
the work to be performed by Railroad, Political Body agrees to pay Railroad an administrative fee of FIVE
HUNDRED DOLLARS ($500.00) upon the execution of this Agreement.
B. Railroad shall bill Political Body and Political Body will pay to Railroad the cost of labor, material and
expenses incurred as a result of this project. Reimbursement to Railroad will be made for work performed and
materials furnished, including but not limited to, insurance premiums and coverage at the rate and amount set
forth in the approved cost estimate attached, in accordance with the provisions of Federal -Aid Highway Program
Manual, Volume 1, Chapter 4, Section 3, issued by the Federal Highway Administration on April 25, 1975, and
October 1, 1982, revisions thereto and amendments thereto except• as modified by the provisions herein.
SECTION 4 - CONDITIONS
A. Except as set forth in Section 5, Political Body shall not be liable to Railroad on account of any failure of
Railroad's flasher lights to operate properly nor shall Railroad have or be entitled to maintain any action against
Political Body arising from any failure from Railroad's flasher lights to operate properly. Similarly, Railroad
shall not be liable to Political Body on account of any failure of Political Body's traffic signal to operate properly
nor shall Political Body have or be entitled to maintain any action against Railroad arising from any failure of
Political Body's traffic signal to operate properly.
B. Political Body reserves the right to cancel this agreement for any reason and at any time prior to Railroad
proceeding with any part of the work outlined herein.
C. Fiber optic cable systems may be buried on Railroad's property. Political Body and /or its
contractor /subcontractor shall telephone Railroad at 1- 800 -336 -9193 (a 24 -hour number) to determine if fiber optic
cable is buried anywhere on Railroad's premises to be used by Political Body. If fiber optic cable is found,
Political Body will telephone the telecommunication company(ies) involved, arrange for a cable locator. and make
arrangements for relocation or other protection of the fiber optic cable, at Political Body's expense, prior to
beginning any work on Railroad's premises.
SECTION 5 - INTERFERENCE
In the operation and maintenance of the highway traffic control signals ( "Signals "). Political Body 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 Railroad or its tenants, and if
at any time the operation or maintenance of the signals results in any electrostatic effects which Railroad deems
undesirable or harmful, or causes interference with the operation of the signal, communication lines or other
signalin.doc
Page 2 September 10. 1998
05/16/2002 10:01 FAX 5122185442 CITY OF ROUND KUCK 10005
S1A 970419
' Farm Approved.AVRIJw
installations or facilities, as now existing or which may hereafter be provided by Railroad and/or its tenants,
Political Body shall, at its sole expense, immediately take such action as may be necessary to eliminate such
interference.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate on
the day and year First herein written.
ATTEST:
0 0` A/ AL 24 < L/
(Seal)
rigm8n.doc
• •
Page 3
Folder No.:
UNION PACIFIC RAILROAD COMPANY
September 10, 1998
Reconstruction of Mc Neil Road at CR 172
DATE: June 7, 2002
SUBJECT: City Council Meeting — June 13, 2002
ITEM: 14.G.4. Consider a resolution authorizing the final payment to Union Pacific
Railroad for the reconstruction of the intersection of McNeil Road at
County Road 172.
Resource: Jim Nuse, Public Works Director
Bill Stablein, Construction Coordinator
History: At its regularly scheduled meeting on November 12, 1998, the City Council
approved the original estimated costs as Resolution No. 98- 11- 12 -10B6 to have
the Union Pacific Railroad add equipment and crossing signals as part of the
construction project on McNeil Road at CR 172. The aforementioned resolution
estimated project costs at $79,189.00. In the course of the project, additional
costs were incurred by the railroad. After much negotiations and phone
conferences regarding the charges, they have opted for a final payment of
$31,244.00 instead of the original $40,792.62 billed. Staff recommends approval
of payment to the Union Pacific Railroad in the amount of $31,244.00
Funding:
Cost: $31,244.00
Source of Funds: Round Rock Transportation System Development Corporation
Outside Resources: Union Pacific Railroad
Impact/Benefrt: Payment of this final invoice will close out the McNeil at CR 172
Construction Project.
Public Comment: N/A
Sponsor: N/A
* * * * * * * * * * * * * ** -COMM. JOURNAL- * * * * * * * * * * * * * * * * * ** DATE JUN -14 -2002 * * * ** TIME 1734 * ** P.01
MODE = MEMORY TRANSMISSION START= JUN -14 1732 END= SUN -14 1734
FILE NO.= 150
STN NO. COM ABER NO. STATION NAME /TEL.NO. PAGES DURATION
001 OK 912109213708 EMS /EDB 00
-CITY' OF ROUND ROCK
***** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** - 5122187097 - * * * ** - 5122187097- * * * * * * * **
'ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY
FAX COVER SHEET
DATE: (O J ! 0
ATTENTION: ' -9
COMPANY: p
FAR #: o2 (n' 1�� -70C1
TOTAL PAGES (INCLUDING COVER SHEET) :
r r+ rrrr+++++rr+xrxrr+wxxrwxrr+rrxrrrr********************* * *** ****rrrrw +rrrrrrr +xrr +r
FROM: IGOkin —Co r ke. -n.a rvwS
DEPARTMENT: , L
e. rArErt L71.. /� 1/
COMMENTS: ,7_61c7.,)-et, 4 ye— 0 2' O& — 13 - ) T lJLI
AAA jii,5i1uIQ,
Please call if you do not receive all the pages.
City of Round Rock
Administration- 3e Floor
221 East Main Street
Round Rock, Texas 78664
Phone: (512) 218 -5401
Fax: (512) 218 -7097