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R-06-06-22-10A2 - 6/22/2006RESOLUTION NO. R -06-06-22-10A2 WHEREAS, the City of Round Rock ("City") and the Union Pacific Railroad Company ("UPRR") entered into a Public Road Crossing Agreement on February 9, 2006, and WHEREAS, UPRR has requested that a Supplemental Agreement be approved increasing the cost of the City's participation to $2,599,337.00, and WHEREAS, the City Council wishes to approve the Supplemental Agreement, 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., subject to the City Manager's and City Attorney's approval of the final language and terms, a Supplemental Agreement with Union Pacific Railroad Company, a draft 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 22nd day of June, 200 T ST: ALAM f eleAUX LE MAXWELL, Mayor PRO -Ism City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secre @PFDesktop\::ODMA/WORLDOX/O:/WDOX/RESOLUTI/R60622A2.2WP/sc DRAFT ONION PACIFIC BUILDING AMERICA UPRR Folder No. 2356-83 UPRR Audit No. 239608 SUPPLEMENTAL AGREEMENT THIS SUPPLEMENTAL AGREEMENT is made as of the day of , 200, by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, or its predecessor in interest, (hereinafter the Licensor) and the CITY OF ROUND ROCK, a Texas municipal corporation with a mailing address at 221 East Main Street, Round Rock, TX 78664 (hereinafter the Licensee). RECITALS: By instrument dated February 9, 2006, the parties hereto or their predecessors in interest (if any), entered into an agreement (herein the "Basic Agreement") identified as Railroad's Audit No. 239608, covering: • the construction of a new roadway bridge and new roadway for A.W. Grimes Boulevard under an existing railroad bridge structure. The new roadway and roadway bridge will traverse the Railroad's property and cross Brushy Creek at Railroad Milepost 159.90 on Railroad's Austin subdivision at DOT No. 924 253L at or near Round Rock, Williamson County, Texas (the "Crossing Area") as the Crossing Area is generally shown on the location print marked Exhibit A attached hereto and hereby made a part hereof. The portion of the Political Body's roadway and roadway bridge located within the Crossing Area is hereinafter collectively the "Roadway". and the: • the reconstruction of an existing Railroad structure consisting of an open deck superstructure replaced with a closed deck superstructure and the rehabilitation of the Railroad bridge substructure (two abutments and 5 piers) and incidental track work to facilitate the rehabilitated structure. The structure that will carry the Railroad's locomotives and rail cars over Brushy Creek at A.W. Grimes Boulevard, DOT Number 924 253L, at Railroad Mile Post 159.90 on its Austin Subdivision at or near Round Rock, Williamson County, Texas, is hereinafter referred to as the "Structure". The parties now desire to modify the Basic Agreement by amending Article 4 in the Basic Agreement. AGREEMENT: NOW, THEREFORE, IT IS AGREED by and between the parties hereto as follows: Supplemental Agreement Form Approved, AVP -Law 05/01/06 EXHIBIT "A" Page 1 of 3 May 19, 2006 UNION PACIFIC BUILDING AMERICA- SECTION MERICA SECTION 1 - AMENDMENT OF PARAGRAPH D OF ARTICLE 4 OF THE BASIC AGREEMENT Effective as of the date herein written, Paragraph 4 of the Basic Agreement, shall be, and hereby is amended to read as follows: ARTICLE 4- POLITICAL BODY'S PAYMENT TO RAILROAD. A. The existing Structure, which is an open deck design, will not allow enough vertical clearance to accommodate the Political Body's Roadway and the Project. In order to provide enough clearance for the Political Body's Roadway, the Railroad will be redesigning and reconstructing the Structure to make it a closed deck bridge and the Political Body agrees to pay the Railroad, as provided in Paragraph B below, the costs associated with replacing two spans of the redesigned and reconstructed Structure. B. With respect to Paragraph A above, the Political Body agrees to pay to the Railroad a firm, fixed amount of Two Million Five Hundred Ninety -Nine Thousand Three Hundred Thirty -Seven Dollars ($2,599,337.00.00) in the following installment payments: • $569,076.00 within thirty (30) days after the execution of this Agreement, of which payment has already been received by the Railroad from the Political Body, • $1,015,130.50 within thirty days after the Railroad notifies the Political Body that reconstruction of the Structure is fifty percent (50%) complete, and • $1,015,130.50 within thirty (30) days after the Railroad notifies the Political Body that reconstruction of the Structure has been completed. C. The Railroad agrees that all costs exceeding $2,599,337.00. involving the reconstruction of the Structure shall be borne by the Railroad. SECTION 2 - EFFECTIVE DATE This Supplemental Agreement shall be effective as of the date herein written. SECTION 3- AGREEMENT SUPPLEMENTAL This agreement is supplemental to the Basic Agreement, as herein amended, and nothing herein contained shall be construed as amending or modifying the same except as herein specifically provided. Supplemental Agreement Form Approved, AVP -Law 05/01/06 Page 2 of 3 May 19, 2006 UH*O PACIFIC BUILDING AMERICA IN WITNESS WHEREOF, the parties hereto have caused this Supplemental Agreement to be executed as of the day and year first hereinabove written. UNION PACIFIC RAILROAD COMPANY (Federal Tax ID #94-6001323) By: TONY K. LOVE AVP -Real Estate WITNESS: CITY OF ROUND ROCK Supplemental Agreement Form Approved, AVP -Law 05/01/06 X Title: Page 3 of 3 May 19, 2006 EXECUTED DOCUMENT FOLLOWS UNION PACIFIC June 30, 2006 MR STEPHAN L SHEETS ATTORNEY AT LAW 309 E MAIN ST ROUND ROCK TX 78664-5246 Dear Mr. Sheets: UPRR Folder No. 2356-83 Attached is the City of Round Rock's original copy of a Supplemental Agreement, fully executed on behalf of the Railroad Company. In order to protect the Railroad Company's property as well as for safety reasons, it is imperative that you notify the Railroad Company's Manager of Track Maintenance and the Communications Department: Joe Garcia Manager Industry & Public Projects Union Pacific Railroad Company 1711 Quintana Road San Antonio, TX 78224-0730 Phone: 210-921-6701 FAX: 210-921-4082 Fiber Optics Hot Line 1-800-336-9193 If you have any questions, please contact me. LL Se ' : 1 nager ' ontracts phone: (41 544-8620 e-mail: pgfarrell@up.com Real Estate UNION PACIFIC RAILROAD 1400 Douglas Street, Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 BUILDING AMERICA" UPRR Folder No. 2356-83 UPRR Audit No. 239608 SUPPLEMENTAL AGREEMENT THIS SUPPLEMENTAL AGREEMENT is made as of the AA day of , 200 (p , by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, or its predecessor in interest, (hereinafter the Licensor) and the CITY OF ROUND ROCK, a Texas municipal corporation with a mailing address at 221 East Main Street, Round Rock, TX 78664 (hereinafter the Licensee). RECITALS: By instrument dated February 9, 2006, the parties hereto or their predecessors in interest (if any), entered into an agreement (herein the "Basic Agreement") identified as Railroad's Audit No. 239608, covering: • the construction of a new roadway bridge and new roadway for A.W. Grimes Boulevard under an existing railroad bridge structure. The new roadway and roadway bridge will traverse the Railroad's property and cross Brushy Creek at Railroad Milepost 159.90 on Railroad's Austin subdivision at DOT No. 924 253L at or near Round Rock, Williamson County, Texas (the "Crossing Area") as the Crossing Area is generally shown on the location print marked Exhibit A attached hereto and hereby made a part hereof. The portion of the Political Body's roadway and roadway bridge located within the Crossing Area is hereinafter collectively the "Roadway". and the: • the reconstruction of an existing Railroad structure consisting of an open deck superstructure replaced with a closed deck superstructure and the rehabilitation of the Railroad bridge substructure (two abutments and 5 piers) and incidental track work to facilitate the rehabilitated structure. The structure that will carry the Railroad's locomotives and rail cars over Brushy Creek at A.W. Grimes Boulevard, DOT Number 924 253L, at Railroad Mile Post 159.90 on its Austin Subdivision at or near Round Rock, Williamson County, Texas, is hereinafter referred to as the "Structure". The parties now desire to modify the Basic Agreement by amending Article 4 in the Basic Agreement. AGREEMENT: NOW, THEREFORE, IT IS AGREED by and between the parties hereto as follows: Supplemental Agreement Form Approved, AVP -Law 05/01/06 Page 1 of 3 May 19, 2006 UNION P4CIFIC BUILDING AMERICA - SECTION 1 - AMENDMENT OF PARAGRAPH D OF ARTICLE 4 OF THE BASIC AGREEMENT Effective as of the date herein written, Paragraph 4 of the Basic Agreement, shall be, and hereby is amended to read as follows: ARTICLE 4- POLITICAL BODY'S PAYMENT TO RAILROAD. A. The existing Structure, which is an open deck design, will not allow enough vertical clearance to accommodate the Political Body's Roadway and the Project. In order to provide enough clearance for the Political Body's Roadway, the Railroad will be redesigning and reconstructing the Structure to make it a closed deck bridge and the Political Body agrees to pay the Railroad, as provided in Paragraph B below, the costs associated with replacing two spans of the redesigned and reconstructed Structure. B. With respect to Paragraph A above, the Political Body agrees to pay to the Railroad a firm, fixed amount of Two Million Five Hundred Ninety -Nine Thousand Three Hundred Thirty -Seven Dollars ($2,599,337.00.00) in the following installment payments: • $569,076.00 within thirty (30) days after the execution of this Agreement, of which payment has already been received by the Railroad from the Political Body, • $1,015,130.50 within thirty days after the Railroad notifies the Political Body that reconstruction of the Structure is fifty percent (50%) complete, and • $1,015,130.50 within thirty (30) days after the Railroad notifies the Political Body that reconstruction of the Structure has been completed. C. The Railroad agrees that all costs exceeding $2,599,337.00. involving the reconstruction of the Structure shall be borne by the Railroad. SECTION 2 - EFFECTIVE DATE This Supplemental Agreement shall be effective as of the date herein written. SECTION 3- AGREEMENT SUPPLEMENTAL This agreement is supplemental to the Basic Agreement, as herein amended, and nothing herein contained shall be construed as amending or modifying the same except as herein specifically provided. Supplemental Agreement Form Approved, AVP -Law 05/01/06 Page 2 of 3 May 19, 2006 AN PACIFIC UHION BUILDING AMERICA - IN WITNESS WHEREOF, the parties hereto have caused this Supplemental Agreement to be executed as of the day and year first hereinabove written. UNION PACIFIC RAILROAD COMPANY (Federal Tax ID #94-6001323) By: WITNESS: TOK. LOVE AVP -Real Estate CITY OF ROUND ROCK Supplemental Agreement Form Approved, AVP -Law 05/01/06 Title: / f AyOe PEo --te rn Page 3 of 3 May 19, 2006 1 S . X t Cover S vee e t ro ion n owing the rosin A ee cit w N 7 1 s ►-E LOCATION PRINT OF NEW UNDERPASS PUBLIC ROAD CROSSING CONSTRUCTION PROJECT WAYNE 0R dk to�c7-1,'a 4<r1 KAROLYN DR W OAK LkAc DR In tau_ ,otoA 1 A. SOSkl‘4.1c T, 06142 wtOG II L1 0 cC m z w a z� MILLS MEADOW DR MP 159.90 - Austin Subdivision A.W. Grimes Boulevard - DOT #924 253L New Underpass Grade Separation Crossing Construction Project `Y LT�k m Z z 2NF0. m r - a) z } GARDEN PATH PETERSON ST GARDEN PATH CV IIMi3ERLINE DR ,:Austin Subdivision 8'z�y Gee SUGAR BERRY CV MP 159.90 - Austin Subdivision Existing Railroad Bridge Over Brushy Creek to be Replaced MAPLE RUN DR J 0 CC w w Cil o 'R% Woe". �Q v U DELORM Data use subject to license. 02004 DeLorme. Street Atlas USA® 2005. www.delorme.com MN (5.2' E) ft 0 1000 2000 Data Zoom 13-0 RAILROAD WORK TO BE PERFORMED: 1. Railroad will pay for the costs associated with the replacement of 4 of the 6 bridge piers. EXHIBIT "A" UNION PACIFIC RAILROAD COMPANY AUSTIN SUBDIVISION MILE POST 159.90 GPS: N 30° 30.8368', W 97° 39.3610' ROUND ROCK, WILLIAMSON CO., TX. Illustrative print showing location of a new underpass grade separation crossing construction project with the CITY OF ROUND ROCK. Folder No. 2356-83 Date: January 20, 2006 WARNING IN ALL OCCASIONS, U.P. COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE. PHONE: 1-(800) 336-9193 Exhibit A Location Print To Public Road Crossing Agreement DATE: June 16, 2006 SUBJECT: City Council Meeting - June 22, 2006 ITEM: 10.A.2. Consider a resolution authorizing the Mayor to execute a Supplemental Agreement with Union Pacific Railroad Company to increase the City's participation in the cost of the railroad bridge over A.W. Grimes Boulevard. Department: Staff Person: Justification: Transportation Services Thomas G. Martin, P. E., Director of Transportation Services The Supplemental Agreement amends the Public Road Crossing Agreement with the Union Pacific Railroad (UPRR), approved by Council Action on February 2, 2006 to provide an additional $892,109.00 to cover unforeseen increases in material and contract costs. The revised project cost as a result of this Supplemental Agreement is now $2,599,337.00, up from $1,707,228.00 approved in the original agreement. Funding Cost: Source of Funds: Outside Resources: $892,109.00 Transportation System Development Corporation (4B) Union Pacific Railroad, Rodriguez Transportation Group and HDR Engineering, Inc. Background Information: The A.W. Grimes Boulevard Phase II project was awarded to RGM Constructors, L.P., by council action on July 14, 2005 for $4,978,357.76. This project is the second phase of the A.W. Grimes Improvements. Phase I constructed a six -lane section from SH 45 to Lake Creek. The proposed agreement will allow UPRR to reconstruct their bridge over Brushy Creek to accommodate the City's underpass on the Railroad. When complete, A.W. Grimes Boulevard will provide a new arterial roadway from Lake Creek to US 79 and complete the Arterial Roadway from SH 45 to US 79. The estimated cost of this work is $2,599,337.00, which is to be paid as follows: $569,076.00 payable within 30 days of execution of agreement (previously paid): $1,015,130.50 payable when reconstruction is 50% complete: $1,015,130.50 payable when reconstruction is 100% complete. Public Comment: N/A DATE: 2006-04-18 ESTIMATE OF MATERIAL AND FORCE ACCOUNT WORK BY THE UNION PACIFIC RAILROAD DESCRIPTION OF WORK: BRIDGE 159.90 AUSTIN SUB AT ROUND ROCK, TEXAS INSTALL 2 -SPAN 204' BALLAST DECK THRU PLATE GIRDER BRIDGE REPLACING EXISTING 2 -SPAN 204' OPEN DECK THRU PLATE GIRDER BRIDGE. PROJECT IS 100% RECOLLECTIBLE FROM THE CITY OF ROUND ROCK, TEXAS, AS PART OF ITS PROPOSED A. W. GRIMES BOULEVARD PROJECT. PID: 53092 AWO: 55978 MP,SUBDIV: 159.90, AUSTIN SERVICE UNIT: 12 CITY: HUTTO DESCRIPTION STATE: TX QTY UNIT LABOR MATERIAL RECOLL UPRR TOTAL ENGINEERING WORK BRIDGE 27780 27780 27780 CONTRACT 50000 50000 50000 ENGINEERING 20000 20000 20000 LABOR ADDITIVE 232% 42366 42366 42366 TOTAL ENGINEERING 90146 50000 140146 140146 TRACK & SURFACE WORK BALAST 4.00 CL 2134 2329 4463 4463 BRIDGE 902214 902214 902214 CONTRACT 1045000 1045000 1045000 FIELD WELD 1081 1081 1081 LABOR ADDITIVE 232% 31385 31385 31385 MATL STORE EXPENSE 31164 31164 31164 OTM 2460 2489 4949 4949 SALES TAX 51028 51028 51028 TPG SPANS - RAW MATL 363842 363842 363842 TRACK-RELOCA 1460 1460 1460 TRK-SURF,LIN 3948 3948 3948 WELD 267 267 267 WORK TRAIN 1020 1020 1020 WT/CS ADDITIVE 245% 2499 2499 2499 XTIE 130.00 EA 10250 4621 14871 14871 TOTAL TRACK & SURFACE 56237 2402954 2459191 2459191 LABOR/MATERIAL EXPENSE 146383 2452954 RECOLLECTIBLE/UPRR EXPENSE 2599337 0 ESTIMATED PROJECT COST 2599337 EXISTING REUSEABLE MATERIAL CREDIT 0 SALVAGE NONUSEABLE MATERIAL CREDIT 0 RECOLLECTIBLE LESS CREDITS THE ABOVE FIGURES ARE ESTIMATES ONLY AND SUBJECT TO FLUCTUATION. IN THE EVENT OF AN INCREASE OR DECREASE IN THE COST OR QUANTITY OF MATERIAL OR LABOR REQUIRED, UPRR WILL BILL FOR ACTUAL CONSTRUCTION COSTS AT THE CURRENT EFFECTIVE RATE.