CM-04-08-016in
Request for City Council/City Manager Action
Please submit this form when placing items on the council agenda or when submitting an item to the City Manager for@
Department:
Contact Person:
Project Name:
Legal
Chandler Creek Interceptor
ContractorNendor Name: Union Pacific Railroad
Project Manager/Resource:
Council Meeting Date:
Funding Source:
PrILS
p v • 1f� • ' v e•
acro.
5216-100-62000 Utility Operations
Assigned Attorney: Steve Sheets
Amount: $500.00 (contract, agreement,amendment,change order, purchase order,etc.)
Is Funding Required?
Council Agenda Item
Submission to City Manager -
Yes
Yes
X
Non
No
X
Yes X No n
(see required signatures below before submission to the City Manager)
• Initial Construction Contract
• Construction Contract Amendment
❑ Change Order
n Change in Quantity
0 Unforeseen Circumstances
▪ Initial Professional Services Agreement
• Supplemental Professional Svcs. Agr. #
ElPurchasing/Service Agreement
▪ Purchase Order
Item(s) to be purchased'
Amount
X❑ Other (Please clearly identify action on lines below $500.00
Blanket Assignment of Crossing Agreement
Agenda Wording: N/A
with Union Pacific
For Submission to City Manager Only
Project Mgr. Signature: Date:
Dept. Director Signature: _, Date:
CityAttorney Signature:
Date:
City Manager Signature: Date: S—tp
al Approval is required for all items requesting City Manager's approva -
Finance Approval El Finance -Date and Signature: 08-05-04 1 Galloway
• Purchasing -Date and Signature:
gladministration/cmgrcouncil actionx!s 7-14-04
BLUE SHEET FORMAT
DATE: August 5, 2004
SUBJECT: City Manager's approval
ITEM: Blanket Assignment of existing utility crossing agreements from LCRA to
CORR
Department: Legal/Utilities
Staff Person: Sheets/Clark
Justification:
CORR recently purchased the Chandler Creek
Interceptor from LCRA. This will allow the
assignment of existing crossing agreements granted
by UPRR from LCRA to CORR.
Funding:
Cost: $500.00
Source of funds:
Outside Resources:
Background Information:
Public Comment:
Blue Sheet Format
Updated 01/20/04
Rose McMillin
From:
Sent:
To:
Cc:
Subject:
Importance:
Cindy Maldonado -Fronk [cmaldonado-fronk@round-rock.tx.us]
Thursday, August 05, 2004 11:38 AM
Rose McMillin; Steve Sheets
Bill Stablein
Info Sheet for Engineering services Contract - 8/26 agenda
High
INFO PROF SERV Contract Exhibit C.pdf (75
4GREEMENT.doc (..Exhibits.doc (37 KB) KB)
Rose, Steve,
Attached is an info sheet from WHM requesting an engineering services contract for the new
project RM 620/ARMC (round rock medical center) signal design in the amount of $14,500.
«INFO PROF SERV AGREEMENT.doc» «Contract Exhibits.doc» «Exhibit C.pdf»
This contract is scheduled for the August 26 agenda.
Cindy Maldonado -Fronk <><
Transportation, Water & Wastewater
Utility Services
City of Round Rock
212 Commerce Cove
P:(512) 218-5562
F: (512) 218-3242
1
BLKASSN.DOC 980220
Form Approved, AVP -Law
BLANKET ASSIGNLMENT
THIS AGREEMENT, made and entered into this `e day of 20(Yf by and
between LOWER COLORADO RIVER AUTHORITY, a Texas partnership, to be ad ssed PO Box 220, Austin
TX 78767-0220 (hereinafter called "Assignor"); CITY OF ROUND ROCK, TEXAS, a municipal corporation, to be
addressed at Water and Wastewater Utility, 212 Commerce Cove, Round Rock TX 78664, (hereinafter called
"Assignee"); and UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, (hereinafter called "Railroad
Company");
Om -orb
Folder No.: 1755-18
RECITALS:
The Assignor and the Railroad Company, or their predecessors in interest, entered into agreements which are
listed and identified in the schedule hereto attached, marked "Exhibit A", and hereby made a part hereof.
The Assignor desires, with the consent of the Railroad Company, to assign said agreements to the Assignee.
AGREEMENT:
NOW THEREFORE, it is mutually agreed by and between the parties hereto as follows:
The Assignor, for a valuable consideration, does hereby sell, assign, transfer and set over to the Assignee all
of the Assignor's right, title and interest in and to the agreements described in Exhibit A.
The Assignee hereby accepts the above assignment and agrees to be bound by and to perform and observe fully
and faithfully all of the covenants, stipulations and conditions contained in said agreements to be performed and observed
by the Assignor and assumes all liabilities mentioned in said agreements to be assumed by the Assignor.
The Railroad Company, in consideration of the covenants and agreements of the Assignor and the Assignee
herein contained, gives its consent to the aforesaid assignment; PROVIDED, however, that such consent shall not be
deemed or construed to authorize any further assignment of said agreements, whether voluntary, by operation of law,
or otherwise, without the consent in writing of the Railroad Company thereto first had and obtained.
In further consideration of the consent of the Railroad Company, the Assignee shall pay to the Railroad
Company the sum of FIVE HUNDRED DOLLARS ($500.00) upon the execution and delivery of this Assignment.
• This agreement shall be considered as taking effect as of the of
BLKASSN.DOC 980220
Form Approved, AVP -Law
Folder No.: 1755-18
IN 'WITNESS WHEREOF, the parties hereto have caused this agreement to be executed in triplicate as of the
date first herein written.
WITNESS:
WITNESS:
X
LOWER COLORADO RIVER AUTHORITY
Title:
fl • a//4w Rm./nes- 4. ca
CITY OF ROUND ROCK, TEXAS
UNION PACIFIC RAILROAD COMPANY
By:
MANAGER - CONTRA(, lb
EXHIBIT "A"
Agreements between UNION PACIFIC RAILROAD COMPANY and LOWER COLORADO RIVER AUTHORITY
or their respective predecessors in interest, assigned to CITY OF ROUND ROCK, TEXAS:
AUDIT # FOLDER #
SUBJECT
1'
210917
1755-18
Location: Round Rock, TX (Effective Date: 4/29/99)
24" Wastewater Pipeline Crossing RR Mile Post 157.54
2.
210886
1772-15
Location: Round Rock, TX (Effective Date: 6/18/99)
50.8" Sanitary Sewer Pipeline Crossing RR mile Post: 157.54
ENERGY • WATER• COMMUNITY SERVICES
August 3, 2004
Mr. Steve Sheets
City of Round Rock
221 East Main Street
Round Rock, TX 78664
Subject: Chandler Creek Interceptor
Dear Steve:
Attached please find triplicate originals of a proposed Blanket Assignment of existing
water line agreements contained in the Union Pacific Railroad Folder Nos. 01772-15
and 01755-18. These are for a 24" non -potable water line and a 48" wastewater line
which were recently acquired by the City of Round Rock from the LCRA.
Randy Goss has executed all three originals for LCRA. Please have the appropriate
person at Round Rock execute the three originals and forward them to Mr. Tom
Judkins, Manager of Contracts at the Union Pacific Railroad, 1800 Farnam Street,
Omaha, Nebraska 68102 along with a check in the amount of $500.
If you have any questions, please feel free to give me a call. Thanks.
Sincerely,
Janies R. Clarno, P.E.
Manager of Utility Development
Enc.
cc: Mary Ann Pace, LCRA
Torn Clark, Round Rock
P.O. BOX 220 • AUSTIN, TEXAS • 78767-0220 • (512) 473-3200 • 1-800-776-5272 • WWW.LCRA.ORG
UNION
PACIFIC
11111h
July 19, 2004
Folder No.: 1755-18 (Lead File)
JAMES CLARNO PE
LOWER COLORADO RIVER AUTHORITY
PO BOX 220
AUSTIN TX 78767-0220
RE: Proposed Blanket Assignment of existing wireline agreements from LOWER COLORADO RIVER
AUTHORITY to the CITY OF ROUND ROCK, TEXAS.
Dear Mr. Clamo:
Attached are triplicate originals of the above subject matter. *This is in response to your Fax memo
of July 15, 2004.
In the spaces marked by an "X", please execute or arrange for execution of the attached document and
have the signatures witnessed or attested, as indicated. Please RETURN ALL COPIES of the document for
execution on behalf of the Railroad Company. Your copy of the fully executed document will be returned to
you, if approved by the Railroad Company.
Payment in the amount of $500.00 is due and payable upon your execution of the agreement. If you
require formal billing, you may consider this letter as a formal bill.
In compliance with the Internal Revenue Services' new policy regarding their Form 1099, I certify that
94-6001323 is the Railroad Company's correct Federal Taxpayer Identification Number and that Union Pacific
Railroad Company is doing business as a corporation.
Sincere
TOM KENS
MANAGE ONTRACTS
(402) 544-8546
Real Estate
UNION PACIFIC RAILROAD
1800 Farnam Street, Omaha, Nebraska 68102
fx. (402) 997-3601