R-93-08-12-9C - 8/12/1993WHEREAS, the Union Pacific Railroad Company ( "Union Pacific")
and the City's Public Works Department have determined that it is
desirable to replace the existing railroad crossings at RM 620 and at
Sam Bass Road with new material, and
WHEREAS, the City is willing to share in the cost of replacing
said crossings, and
WHEREAS, Union Pacific has proposed two agreements regarding
the sharing of the cost, 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 two agreements with Union Pacific for cost sharing
in the replacement of crossing material at RM 620 and at Sam Bass
Road.
ATTEST:
RESOLVED this 12th day of August, 93.
XS /RESOLUTION
RS08123C
NE LAND, Ci y Secretary
RESOLUTION NO. R- - 9 - 00 ` 4 )? - qC
CHARLES CULPEP ayor
City of Round Roc , Texas
47IfIC
24125 ALDINE - WESTFIELD ROAD
SPRING, TEXAS 77373
(713) 350 -7626
March 4, 1993
File: Grade: Public:
Tx. - Round Rock
South Chisholm Trail
M.P. 0.75 Georgetown Ind. Ld.
-DOT-No r 439698A - !
Mr. Alvin L. Willie, P.E. R.P.L.S.
Asst. Director /Chief Engineer
Public Works Department
City of Round Rock
Round Rock, Texas 78664
Dear Mr. Willie:
Reference is made to our previous conversations concerning the
condition of road crossings on Chisholm Trail and Sam Bass Road. As
we discussed, the best solution would be to replace existing crossing
surface with new material. You stated the City of Round Rock would be
willing to participate in the cost of the project.
Attached for your review are estimates for the installation of a
50 ft. concrete crossing on Sam Bass Road and a 40 ft. timber crossing
on South Chisholm Road. In order to proceed with project, it will be
necessary to execute agreement between the city and railroad. Please
advise me of the level of city participation in order that I may
prepare agreement.
If you have any further comments or questions please direct them
to my office. My telephone number is (713) 350 -7626.
7604." K ROL
cc: Mr.
Mr.
Mr.
Mr.
Mr.
UNION PACIFIC RAILROAD COMPANY
Sincerely,
ACe i
Douglas' G. Woods
Mgr. Industry & Public Projects
Grade: Public:
Tx. - Round Rock
Sam Bass Road
M.P. 1.62 Georgetown Ind. Ld.
DOT No. 439 701F
Felix Lopez - Superintendent
Cliff Shoemaker - Dir. Industry & Public Projects
Ken Rouse - Mgr. Special Projects
Paul Glass - Mgr. Engineering Mtce.
Oscar Escamilla - Mgr. Track Mtce.
LOCATION : ROUND ROCK
ROAD CROSSING
EXISTING REUSABLE MATERIAL • NONE
SALVAGE NONUSABLE MATERIAL • NONE
ESTIMATE OF MATERIAL AND FORCE ACCOUNT WORK
BY THE
UNION PACIFIC RAILROAD COMPANY
FOR
CITY OF ROUND ROCK
DESCRIPTION OF WORK : INSTALL 1 EA. 40 FT. PREFAB CROSSING INCLUDING RAIL, TIES, OTM, FABRIC, BALLAST AND
PIPE ON GEORGETOWN IND. LEAD 000.8439 698A, AT SOUTH CHISHOLM TRAIL.
STATE : TEXAS SERVICE UNIT : (13) SAN ANTONIO DATE 12/01/92
DESCRIPTION 1A80R MATERIAL TOTAL
ENGINEERING 1 LS 250
TIES 9 FT. (10005) 68 EA 769 1591
1156 RAIL (12005) 78 LF 124 183
FIELD WELDS (13004) 2 EA 211 143
1150 0011 (14005) 39 TF 92 279
BALLAST (17009) 100 TN 590 530
PREFAB CROSSING (20005) 40 TF 678 2398
INCLUDING: FABRIC 80 TF
DRAIN PIPE 120 LF
SIGNAL (34004) 1 LS 129 199
REMOVE CROSSING (20006) 32 TF 301
REMOVE TIES (10006) 68 EA 337
REMOVE RAIL (12006) 78 LF 57
REM. OTM (14006) 39 TF 44
MAIL STORE EXPENSE 359
SALES TAX 156
WORK TRAIN 300
WORK TRAIN ADDITIVE 125.34% 375
LABOR ADDITIVES 125.34% 4484
EQUIPMENT RENTAL 1000
CONTINGENCIES 10% 308 572
9049 7410 16459
TOTAL PROJECT 9049 7410 16459
TOTAL ESTIMATED COST OF PROJECT LESS CREDITS 16.5=
THE ABOVE FIGURES ARE ESTIMATES ONLY AND SUBJECT TO FLUCTUATION. IN THE EVENT OF AN INCREASE
OR DECREASE IN THE COST OR AMOUNT OF MATERIAL 00 LABOR REQUIRED, THE STATE WILL BE BILLED FOR
ACTUAL CONSTRUCTION COSTS AT THE CURRENT RATES EFFECTIVE THEREOF.
THIS AGREEMENT, executed in duplicate this day of , 1992
by and by and between MISSOURI PACIFIC RAILROAD COMPANY, a Delaware
corporation (hereinafter the "Railroad "), and CITY OF ROUNDROCK, a municipal
corporation of the State of TEXAS (hereinafter the "Political Body "),
WITNESSETH:
RECITALS:
The Political Body has requested the Railroad to improve the existing
Road crossing at grade, along, over and across the Railroad's Georgetown
Industrial Lead and right of way opposite Mile Post 0.75, DOT No. 439 698A in
Roundrock, Williamson County, Texas to which the Railroad is agreeable, but
solely upon terms and conditions hereinafter set forth.
AGREEMENT:
NOW THEREFORE, in consideration of the premises and of the promises and
conditions hereinafter set forth, the parties hereto agree as follows:
1. The Railroad shall furnish all labor, material, equipment and
supervision for, and shall (a) remove the existing 40 -ft. Timber /Asphalt
crossing and (b) install a 40 -ft.P & FA8 Tdrossing, (c) install perforated
drain pipe and filter fabric, (d) relay and field weld rail, and (e) renew
crossties and ballast, all at the intersection of the Railroad's Gerogetown
Industrial Lead with South Chisholm Trail opposite Mile Post 0.75 in
Roundrock, Williamson County, Texas, as shown generally on Railroad's Print
dated 7.22 , attached hereto and marked Exhibit "A ".
The Political Body agrees, at the Political Body's sole cost and expense,
to provide all detour signing, advanced warning signs & pavement marking per
Manual on Uniform Traffic Control Devices, and provide ald labor material and
equipment to install asphalt approaches.
2. Upon the execution of this agreement, the Political Body shall pay
the Railroad the sum of FDORTHOUSANDFOOeHoNP EDAA)D FIIE ($4 ) as the
Political Body's fixed portion of the costs of the work performed and
materials supplied by the Railroad pursuant to Section 1 above.
3. The Railroad, at its cost, shall maintain the crossing between the
track tie ends. If, in the future, the Political Body elects to have the
surfacing material between the track tie ends replaced with paving or some
surfacing material other than timber planking, the Railroad, at the Political
Body's expense, shall install such replacement surfacing.
4. (a) Fiber optic cable systems may be buried on the Railroad's
property. Protection of the fiber optic cable systems is of extreme
importance since any break could disrupt service to users resulting in
business interruption and loss of revenue and profits. Political Body shall
telephone the Railroad at 1- 800 - 336 -9193 (a 24 -hour number) to determine if
fiber optic cable is buried anywhere on the Railroad's premises to be used by
the Political Body. If it is, Political Body will telephone the
telecommunications company(ies) involved, arrange for a cable locator, and make
arrangements for relocation or other protection of the fiber optic cable prior
to beginning any work on the Railroad's premises.
(b) In addition the liability terms elsewhere in the Agreement, the
Political Body shall indemnify and hold•the Railroad harmless against and from
all cost, liability, and expense whatsoever (including, without limitation,
attorney's fees and court costs and expenses) arising out of or in any way
contributed to by any act or omission of the Political Body, its contractor,
agents and /or employees, that causes or in any way or degree contributes to
(1) any damage to or destruction of any telecommunications system by the
Political Body, and /or its contractor, agents and /or employees, on Railroad's
property, (2) any injury to or death to any person employed by or on behalf of
any telecommunications company, and /or its contractor, agents and /or
employees, on Railroad's property, and /or (3) any claim or cause of action for
alleged loss of profits or revenue by, or loss of service by a customer or
user of, such telecommunication company(ies).
5. Before any work on the Premises begins, the Political Body's
Contractor /Subcontractor will provide the Railroad with a Certificate issued
by its insurance carrier providing the insurance coverage required pursuant
to Exhibit B -1 of this agreement in a policy containing the following
endorsement:
"Missouri Pacific Railroad Company is named as additional insured
with respect to all liabilities arising out of Insured's performance
of the work."
The Political body WARRANTS that this agreement has been thoroughly
reviewed by its insurance agent(s) /broker(s) and that said agent(s) / Broker(s)
has been instructed to procure insurance coverage and an endorsement as
required herein.
6. The Political Body, for itself and for it successors and assigns,
hereby waives any right of assessment against the Railroad, as an adjacent
property owner, for any and all improvements made under this agreement.
7. Covenants herein shall insure to or bind each party's successors and
assigns; provided, no right of the Political Body shall be transferred or
assigned, either voluntarily or involuntarily, except by express written
agreement acceptable to the Railroad.
8. The Political Body shall, when returning this agreement to the
Railroad (signed), cause same to be accompanied by such Order, Resolution, or
Ordinance of the governing body of the Political Body, passed and approved as
by law prescribed, and duly certified, evidencing the authority of the person
executing this agreement on behalf of the Political Body with the power so to
do, and which also will certify that funds have been appropriated and are
available for the payment of any sums herein agreed to be paid by the
Political Body.
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement
as of the date and year first herein above written.
ATTEST:
MISSOURI PACIFIC RAILROAD COMPANY
By
CITY OF ROUNDROCK, TEXAS
x By
(Seal) its
Pursuant to Resolution /Order dated
, 19_, hereto attached.
ESTIMATE OF MATERIAL AND FORCE ACCOUNT WORK
BY THE
UNION PACIFIC RAILROAD COMPANY
FOR
CITY OF ROUND ROCK, TEXAS
DESCRIPTION OF WORK : INSTALL 1 EA. 40 FT. PREFAB CROSSING INCLUDING RAIL, TIES, OTM, FABRIC, BALLAST AND
PIPE ON GEORGETOWN IND. LEAS DOT.#439 698A, AT SOUTH CHISHOLM TRAIL.
LOCATION : ROUND ROCK
MATERIAL AND LABOR AT RAILROAD EXPENSE
STATE : TEXAS SERVICE UNIT : (11) SAN ANTONIO DATE : 07/17/93
DESCRIPTION LABOR MATERIAL TOTAL
ENGINEERING 1 LS 350
TIES 9 FT. (10005) 68 EA 628
115# RAIL (12005) 78 LF 102
FIELD WELDS (13004) 2 EA 218 143
115# OTM (14005) 39 TF 75 265
BALLAST (17009) 100 TN 658 530
PREFAB CROSSING (20005) 40 TF 554
INCLUDING: FABRIC 80 TF
DRAIN PIPE 120 LF
SIGNAL (34004) 1 LS 719 199
REMOVE CROSSING (20006) 32 TF 185
REMOVE TIES (10006) 68 EA 208
REMOVE RAIL (12006) 78 LF 35
REM. OTM (14006) 39 TF 26
MATL STORE EXPENSE 8
SALES TAX 44
WORK TRAIN 300
WORK TRAIN ADDITIVE 2900 870
LABOR ADDITIVES 1650 6209
EQUIPMENT RENTAL 2000
TIES 9 FT. 68 EA
PREFAB CROSSING 40 IF
INCLUDING: FABRIC 80 TF
DRAIN PIPE 120 LF
MATL STORE EXPENSE
SALES TAX
TOTAL CITY OF ROUND ROCK, TX. EXPENSE
EXISTING REUSABLE MATERIAL - NONE
SALVAGE NONUSABIE MATERIAL - NONE
11137 3189 14326
MATERAIL AT CITY OF ROUND ROCK, TEXAS EXPENSE
1693
2513
32
167
4405 4405
PROJECT TOTALS 11137 7594 18731
TOTAL ESTIMATED COST OF PROJECT LESS CREDITS 18731
THE ABOVE MATERIAL FIGURES ARE ESTIMATES ONLY AND SUBJECT TO FLUCTUATION. IN THE EVENT OF AN INCREASE
OR DECREASE IN THE COST CR AMOUNT OF MATERIAL REQUIRED, THE CITY OF ROUND ROCK, TEXAS WILL BE BILLED FOR
ACTUAL MATERIAL COSTS AT THE CURRENT RATES EFFECTIVE THEREOF.
To MAIN 7 'k
BY CITY of RouND ROCK;
1) PROVIDE TRAFFIC CoNTRoL.
PRov►DE AU. PAv W
g) ANV ALL
MEff ADVANCE
ARKINGS 1412 MAMA!
ON UN !RAM TRAFFIC CONTROL DEVICES,
4) PROVIDE AU_ DRAINA6E WORK
SCOPE of WoRK:
BY RA►LRoNb: ,
I) REMOVE EXISTING, 40 FT TD18ER/ASPNALTCROSSING
2) INSTALL A 40 FT PPrsFA8 77/v8ER CRoSS/NG
EXHIBIT A
O RARI ...NV) I nazi -ZZ 93;a x
UNION PACIFIC RAILROAD CO.
oFPACE OF MGR.INLVUSTRY & PUBLIC PROJECTS
SPRING.TEXAS
SOWCC Ow SAN ANTONIO O TM SER
sve v.GECRGETOWN /ND. INC
arV POUND RCC'K w • 0.75
vac TEXAS
P1?oR75ED INsiZTA7foro O FA4 0 FT
Pit FA6 7Nti8a.k C.B.S/ i ou
1 3107e1 C1415 I-IO[M 7t Do7435698A
airs. IF& 1 sr- 41E46NE
Exhibit B -1
Page 1 of 1
EXHIBIT B -1
Public Road
Insurance Requirements
Political Body and /or its Contractor /Subcontractor shall at its own and /or its Contractors /Subcontractor's
sole cost and expense. procure the following kinds of insurance and promptly pay when due all premiums for that
insurance. If it so elects, Railroad shall have the right to obtain such insurance and Political Body shall
promptly reimburse Railroad for that expense. The following insurance shall be kept in force during the life
of this Agreement.
General Public Liability insurance providing bodily injury. including death, personal injury and
property damage coverage with a combined single limit of at (east S2.000.000 each occurrence or claim and a
general aggregate limit of at least S4,000.000. This.insurance shall provide Broad Form Contractual
liability covering the indennity provisions contained In this Agreement, Underground Hazard, Broad Form
Property Damage, a waiver of governmental immunity (ISO Form GL 24 14 or equivalent), severability of
interests and name Railroad as an additional insured with respect to all liabilities arising out of
Political Body's obligation to Railroad in the Agreement. If coverage is purchased on a "claims made"
basis it shall provide at least a three (3) year extended reporting or discovery period. which shall be
invoked should insurance covering the tine period of this Agreement be cancelled.
Automobile Public Liability insurance providing bodily injury and property damage with a combined
single limit of at least S2.000,000 each occurrence or claim. This insurance shall provide contractual
liability by endorsement ISO Form CA 00 25 or equivalent covering all motor vehicles including hired and
non - owned, mobile equipment to the extent it nay be excluded from general liability insurance,
severability of interests and name Railroad as an additional insured with respect to all liabilities
arising out of Political Body's obligation to Railroad in the Agreement.
Worker's Compensation insurance covering the statutory liability as determined by the compensation
laws of the states) affected by this Agreement and Employers' Liability with a limit of at least
51,000,000. Also compliance with all laws of states which require participation in their state workers'
compensation fund.
Railroad Protective Liability Insurance naming Railroad as insured with,a-conbined single limit of
52,000,000 per occurrence with a 56.000,000 aggregate. The policy form shall be AAR- AASRIO with broad
form coverage for "Physical Damage to Property" (I50 Form GL 00 30) or as revised 1SO -RIMA (Form CG 00 35)
and include pollution arising out of fuels and lubricants brought to the job site (ISO Forn CG 31 or
equivalent). If the Lloyd's London policy form is used, limits shall be 53,000,000 per occurrence with a
S9,000,000 aggregate and the Extended Claims Made Date shall be determined by adding the length of the
original policy plus one year to the policy expiration date.
The Political body and /or its Contractor /Subcontractor hereby waives its right of subrogation, as respects
the above insurance policy(ies), against Railroad for payments made to or on behalf of employees of Political
Body or its agents and for loss of its owned or leased property or property under its care, custody and control
while on or near Railroad's right -of -way or other real property. Political Body's and /or its
Contractor's /Subcontractor's insurance shall be primary with respect to any insurance carried by Railroad.
Political Body and/or its Contractor /Subcontractor shall furnish to Railroad certificate(s) of insurance
evidencing the required coverage and endorsement(s) and upon request a certified duplicate original of any of
those policies. The insurance conpany(ies) issuing such policy(ies) shall notify Railroad in writing of any
materials alteration including any change in the retroactive date if any "claims made" policies or substantial
reduction of aggregate limits, if such limits apply, or cancellation thereof at least thirty (30) days prior
thereto.
The insurance policy(ies) shall be written by a reputable insurance company of companies acceptable to
Railroad or with a current Best's Insurance Guide Rating of B and Class VII or better. Such insurance company
shall be authorized to transact business in the state(s0 affected by this.
Dear Mr. Willie:
cc:
Felix Lopez
Cliff Shoemaker
Ken Rouse
Paul Glass
Oscar Escamilla
UNION PACIFIC RAILROAD COMPANY
24125 ALDINE - WESTFIELD ROAD
SPRING, TEXAS 77373
(713) 350-7626
File: Grade: Public:
Tx. - Round Rock
South Chisholm Trail
M.P. 0.75 Georgetown Ind. Lead
DOT No. 439 698A
Mr. Alvin L. Willie, P.E., R.P.L.S.
Asst. Director /Chief Engineer
Public Works Department
City of Round Rock
221 East Main Street
Round Rock, Texas 78664
July 23, 1993
i
Doug'as G. Woods
Mgr. Industry &- Public Projects
Grade: Public:
Tx. - Round Rock
Sam Rass Road
M.P. 1.62 Georgetown Ind. Lead
cDOTrNO : 4'39_'701 F(
Attached are duplicate originals of railroad prepared agreements
covering the installation of a 40 ft. prefab timber crossing on South
Chisholm Trail and a 40 ft. concrete crossing on Sam Rass Road in
Round Rock, Texas.
Please arrange to have the City of Round Rock execute both copies
of agreement. Forward executed copies and two checks, ($4,405 and
$7,306) payable to the Union Pacific Railroad back to me. T will
arrange for execution on behalf- of the railroad.
Upon execution of agreement and receipt of checks, we will
schedule crossing installation.
Sincerely, //,'/
- Superintendent
- Dir. Ind. & Public Projects
- Mgr. Special Projects
- Mgr. Engineering Mtce.
- Mgr. Track Mtce.
1°
ESTIMATE OF MATERIAL AND FCRCE ACCOUNT WCRK
BY THE
UNION PACIFIC RAILR0A0 COMPANY
FOR
CITY OF ROUND ROCK
DESCRIPTION OF LARK : INSTALL 1 EA. 50 FT. CONCRETE CROSSING INCLUDING RAIL, TIES, OTM, FABRIC, PIPE
AND BALLAST ON GEORGETOWN INO. LEAD DOT.#439 701F, AT SAM BASS ROAD.
LOCATION : ROUND ROCK
STATE : TEXAS ' SERVICE UNIT : (11) SAN ANTONIO DATE : 01/20/93
DESCRIPTION LABOR MATERIAL TOTAL
ROAD CROSSING
ENGINEERING 1 LS 300
TIES 9 FT. (10005) 37 EA 233 898
TIES 10 FT. (10005) 31 EA 279 921 )
112# RAIL (12005) 156 LF 82 355
FIELD WELDS (13004) 2 EA 52 143
1120 OTM (14005) 78 TF 62 746
BALLAST (17009) 100 TN 473 530
CONCRETE CROSSING (20005) 50 IF 454 4681' w
INCLUDING: FABRIC 90 TF
PIPE 160 FT
SIGNAL (34004) 1 LS 293 199
REMOVE CROSSING (20006) 48 TF 190
REMOVE TIES (10006) 68 EA 213
REMOVE RAIL (12006) 156 LF 35
REM. OTM (14006) 78 TF 28
MATL STORE EXPENSE 64
SALES TAX 1 336
WCRK TRAIN 300
WORK TRAIN ADDITIVE 134.34% 402
LABOR ADDITIVES 125.34% 337=
EQUIPMENT RENTAL 2000
CONTINGENCIES 100 223 847
TOTAL PROJECT 6993 11720 18713
EXISTING REUSABLE MATERIAL - NONE
SALVAGE N0M)SABLE MATERIAL - NONE
6993 11720 18713
TOTAL ESTIMATED COST OF PROJECT LESS CREDITS 18713
THE ABOVE FIGURES ARE ESTIMATES ONLY AND SUBJECT TO FLUCTUATION. IN THE EVENT OF AN INCREASE
OR DECREASE IN THE COST CR AMOUNT OF MATERIAL OR LABOR REQUIRED, THE STATE WILL BE BILLED FOR
ACTUAL CONSTRUCTION COSTS AT THE CURRENT RATES EFFECTIVE THEREOF.
THIS AGREEMENT, executed in duplicate this day of , 1992
by and by and between MISSOURI PACIFIC RAILROAD COMPANY, a Delaware
corporation (hereinafter the "Railroad "), and CITY OF ROUNDROCK, a municipal
corporation of the State of TEXAS (hereinafter the "Political Body "),
WITNESSETH:
RECITALS:
The Political Body has requested the Railroad to improve the existing
Road crossing at grade, along, over and across the Railroad's Georgetown
Industrial Lead and right of way opposite Mile Post 1.62, DOT No. 439 701F in
Roundrock, Williamson County, Texas to which the Railroad is agreeable, but
solely upon terms and conditions hereinafter set forth.
AGREEMENT:
NOW THEREFORE, in consideration of the premises and of the promises and
conditions hereinafter set forth, the parties hereto agree as follows:
1. The Railroad shall furnish all labor, material, equipment and
supervision for, and shall (a) remove the existing 40 -ft. Timber /Asphalt
crossing and (b) install a 40 -ft. concrete crossing, (c) install perforated
drain pipe and filter fabric, (d) relay and field weld rail, and (e) renew
crossties and ballast, all at the intersection of the Railroad's Gerogetown
Industrial Lead with Sam Bass Road opposite Mile Post 1.62 in Roundrock,
Williamson County, Texas, as shown generally on Railroad's Print dated
7 -22 -93 , attached hereto and marked Exhibit "A ".
The Political Body agrees, at the Political Body's sole cost and expense,
to provide all detour signing, advanced warning signs & pavement marking per
Manual on Uniform Traffic Control Devices, and provide aLlrlabor material and
equipment to install asphalt approaches.
2. Upon the execution of this agreement, the Political Body shall pay
the Railroad the sum of SEVEN TyoJSAND TNg1F HuNDRED ANOS,V ($ 7 3 306 ) as the
Political Body's fixed portion of the costs of the work performed and
materials supplied by the Railroad pursuant to Section 1 above.
3. The Railroad, at its cost, shall maintain the crossing between the
track tie ends. If, in the future, the Political Body elects to have the
surfacing material between the track tie ends replaced with paving or some
surfacing material other than timber planking, the Railroad, at the Political
Body's expense, shall install such replacement surfacing.
4. (a) Fiber optic cable systems may be buried on the Railroad's
property. Protection of the fiber optic cable systems is of extreme
importance since any break could disrupt service to users resulting in
business interruption and loss of revenue and profits. Political Body shall
telephone the Railroad at 1- 800 - 336 -9193 (a 24 -hour number) to determine if
fiber optic cable is buried anywhere on the Railroad's premises to be used by
the Political Body. If it is, Political Body will telephone the
telecommunications company(ies) involved, arrange for a cable locator, and make
arrangements for relocation or other protection of the fiber optic cable prior
to beginning any work on the Railroad's premises.
(h). In addition the liability terms elsewhere in the Agreement, the
Political Body shall indemnify and hold the Railroad harmless against and from
all cost, liability, and expense whatsoever (including, without limitation,
attorney's fees and court costs and expenses) arising out of or in any way
contributed to by any act or omission of the Political Body, its contractor,
agents and /or employees, that causes or in any way or degree contributes to
(1) any damage to or destruction of any telecommunications system by the
Political Body, and /or its contractor, agents and /or employees, on Railroad's
property, (2) any injury to or death to any person employed by or on behalf of
any telecommunications company, and /or its contractor, agents and /or
employees, on Railroad's property, and /or (3) any claim or cause of action for
alleged loss of profits or revenue by, or loss of service by a customer or
user of, such telecommunication company(ies).
5. Before any work on the Premises begins, the Political Body's
Contractor /Subcontractor will provide the Railroad with a Certificate issued
by its insurance carrier providing the insurance coverage required pursuant
to Exhibit B -1 of this agreement in a policy containing the following
endorsement:
"Missouri Pacific Railroad Company is named as additional insured
with respect to all liabilities arising out of Insured's performance
of the work."
The Political body WARRANTS that this agreement has been thoroughly
reviewed by its insurance agent(s) /broker(s) and that said agent(s) /Broker(s)
has been instructed to procure insurance coverage and an endorsement as
required herein.
6. The Political Body, for itself and for it successors and assigns,
hereby waives any right of assessment against the Railroad, as an adjacent
property owner, for any and all improvements made under this agreement.
7. Covenants herein shall insure to or bind each party's successors and
assigns; provided, no right of the Political Body shall be transferred or
assigned, either voluntarily or involuntarily, except 'by express written
agreement acceptable to the Railroad.
8. The Political Body shall, when returning this agreement to the
Railroad (signed), cause same to be accompanied by such Order, Resolution, or
Ordinance of the governing body of the Political Body, passed and approved as
by law prescribed, and duly certified, evidencing the authority of the person
executing this agreement on behalf of the Political Body with the power so to
do, and which also will certify that funds have been appropriated and are
available for the payment of any sums herein agreed to be paid by the
Political Body.
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement
as of the date and year first herein above written.
ATTEST:
x
(Seal)
MISSOURI PACIFIC RAILROAD COMPANY
By
CITY OF ROUNDROCK, TEXAS
By
its
Pursuant to Resolution /Order dated
, 19_, hereto attached.
EXISTING REUSABLE MATERIAL - NONE
DESCRIPTION OF 4CRK : INSTALL 1 EA. 50 FT. CONCRETE CROSSING INCLUDING RAIL, TIES, OTM, FABRIC, PIPE AND
BALLAST 014 GEORGETOWN IND. LEAD, DOT.#439 701F, AT SAM BASS ROAD.
LOCATION ROUND ROCK
TOTAL CITY OF ROUND ROCK, TX. EXPENSE
SALVAGE NONUSABLE MATERIAL - NONE
ESTIMATE OF MATERIAL AND FORCE ACCCRJNT DARK
BY THE
UNION PACIFIC RAILROAD COMPANY
FOR
CITY OF ROUND ROCK, TEXAS
MATERIAL AND LABOR AT RAILROAD EXPENSE
STATE : TEXAS SERVICE UNIT : (11) SAN ANTONIO DATE : 07/19/93
DESCRIPTION LABOR MATERIAL TOTAL
ENGINEERING 1 LS 437
TIES 9 FT. (10005) 37 EA 412
TIE5 10 FT. (10005) 31 EA 346
1120 RAIL (12005) 156 LF 123
FIELD WELDS (13004) 2 EA 218 143
112# OTM (14005) 78 TF 92 740
BALLAST (17009) 100 TN 658 530
CONCRETE CROSSING (20005) 50 TF 672
INCLUDING: FABRIC 90 TF
DRAIN PIPE 160 LF
SIGNAL (34004) 1 LS 719 199
REMOVE CROSSING (20006) 48 TF 254
REMOVE TIES (10006) 68 EA 285
REMOVE RAIL (12006) 156 LF 48
REM. OTM (14006) 78 TF 35
MAIL STORE EXPENSE 11
SALES TAX 63
WORK TRAIN 300
1R1RK TRAIN ADDITIVE 290% 870
LABOR ADDITIVES 165% 7103
EQUIPMENT RENTAL 2000
12572 3686
MATERAIL AT CITY OF ROUND ROCK, TEXAS EXPENSE
TIES - 9 FT. 8 10 FT. 68 EA 1820
CONCRETE CROSSING 50 TF 5154
INCLWING: FABRIC 90 TF
DRAIN PIPE 160 LF
MAIL STORE EXPENSE 54
SALES TAX 278
16258
7306 7306
PROJECT TOTALS 12572 10992 23564
TOTAL ESTIMATED COST OF PROJECT LESS CREDITS 23564
THE ABOVE MATERIAL FIGURES ARE ESTIMATES ONLY AND SUBJECT TO FLUCTUATION. IN THE EVENT OF AN INCREASE
OR DECREASE IN THE COST OR AMOUNT OF MATERIAL REWIRED, THE CITY OF ROUND ROCK, TEXAS WILL BE BILLED FOR
ACTUAL MATERIAL COSTS AT THE CURRENT RATES EFFECTIVE THEREOF.
To /NN Tel<
/ /5#
0
o
Eluzim TO END of TRACK
A .---- PRoPfSED 40' CaNC. )04a.
1
1
BY CITY OF RouND ROCK;
I) PROVIDE TRAFFIC CGN7RoL.
2) PRoVID E Au- PAY ►N6 WK.
4 AN DvPAV E ALL
l MA RKIA1S PEP MANOAL
ON UNIFOPM TRAFFIC CONTROL DEVICES,
4) PROVIDE ALL DRAINA6E WORK
1
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SAM BASS ROAD
SCOPE OF WORK:
BY RAILROAD, rrr
1) REMOVE EXIS7?N440 FT - DMBER)ASPHALT CROSSING.
2) INSTALL A 40 FT CavcRETE CROSSING.
EXHIBIT A
UNION PACIFIC RAILROAD CO.
OFFICE OF AICR.INO /STRY i PUBUC PROJECTS
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EXHIBIT B -1
Public Road
Insurance Requirements
Political Body and /or Its Contractor /Subcontractor shall at its own and /or its Contractors /Subcontractor's
sole cost and expense, procure the following kinds of insurance and promptly pay when due all premiums for that
insurance. If it so elects, Railroad shall have the right to obtain such insurance and Political Body shall
promptly reimburse Railroad for that expense. The following insurance shall be kept in force during the life
of this Agreement.
General Public Liability insurance providing bodily injury, including death, personal injury and
property damage coverage with a combined single limit of at (east 52.000.000 each occurrence or claim and a
general aggregate limit of at least 04.000.000. This. insurance shall provide Broad Form Contractual
liability covering the indemnity provisions contained in this Agreement, Underground Hazard. Broad Form
Property Damage, a waiver of governmental immunity (ISO Form GL 24 14 or equivalent), severability of
interests and name Railroad as an additional Insured with respect to all liabilities arising out of
Political Body's obligation to Railroad in the Agreement. If coverage is purchased on a "claims made"
basis it shall provide at least a three (3) year extended reporting or discovery period. which shall be
invoked should insurance covering the time period of this Agreement be cancelled.
Automobile Public Liability insurance providing bodily injury and property damage with a combined
single limit of at least 02,000,000 each occurrence or claim. This insurance shall provide contractual
liability by endorsement ISO Form CA 00 25 or equivalent covering all motor vehicles including hired and
non - owned. mobile equipment to the extent it may be excluded from general liability insurance,
severability of interests and name Railroad as an additional insured with respect to all liabilities
arising out of Political Body's obligation to Railroad in the Agreement.
Worker's Compensation insurance covering the statutory liability as determined by the compensation
laws of the state(s) affected by this Agreement and Employers' Liability with a limit of at least
S1.000,000. Also compliance with all laws of states which require participation in their state workers'
compensation fund.
Railroad Protective Liability Insurance naming Railroad as insured w)th,a- combined single limit of
02,000,000 per occurrence with a 56,000,000 aggregate. The policy form shall be AAR- AASBIO with broad
form coverage for "Physical Damage to Property" (ISO Form GL 00 30) or as revised ISO -RIMA (Form CG 00 35)
and include pollution arising out of fuels and lubricants brought to the job site (ISO Form CG 31 or
equivalent/. If the Lloyd's London policy form is used. limits shall be 53,000,000 per occurrence with a
S9,000,000 aggregate and the Extended Claims Made Date shall be determined by adding the length of the
original policy plus one year to the policy expiration date.
The Political body and /or its Contractor /Subcontractor hereby waives its right of subrogation, as respects
the above insurance policy(ies), against Railroad for payments made to or on behalf of employees of Political
Body or its agents and for loss of its owned or leased property or property under its care, custody and control
while on or near Railroad's right -of -way or other real property. Political Body's and /or its
Contractor's/Subcontractor's insurance shall be primary with respect to any insurance carried by Railroad.
Political Body and /or its Contractor /Subcontractor shall furnish to Railroad certificate(s) of insurance
evidencing the required coverage and endorsement(s) and upon request a certified duplicate original of any of
those policies. The insurance company(ies) issuing such policy(ies) shall notify Railroad in writing of any
materials alteration including any change in the retroactive date if any "claims made" policies or substantial
reduction of aggregate limits, if such limits apply, or cancellation thereof at least thirty (30) days prior
thereto.
The insurance policy(ies) shall be written by a reputable insurance company of companies acceptable to
Railroad or with a current Best's Insurance Guide Rating of B and Class VII or better. Such insurance company
shall be authorized to transact business-in the state(s0 affected by this.
Exhibit B -1
Page 1 of 1
0B'10'93 11:51 ROUND ROCK PUELIC WORKS • 512 6676
DATE: August 10. 1993
SUBJECT: City Council Meeting, August 12, 1993
ITEM: 9C. Consider a resolution authorizing the Mayor to enter into
an agreement with Union Pacific Railroad for
improvements to the railroad crossings on Sam Bass Road
and RM 620.
STAFF RESOURCE PERSON: Jim Nose
STAFF RECOMMENDATION:
Enclosed please find two agreements with the railroad to improve crossings at Sam Bass
Road near Murphy's Nursery and R.M. 620 just west of Chisholm Trail. This is a cost
sharing agreement with the City paying about one third of the cost.
NO.767 003