R-07-02-22-8A4 - 2/22/2007RESOLUTION NO. R -07-02-22-8A4
WHEREAS, the City of Round Rock ("City") and the Union Pacific
Railroad Company ("UPRR") entered into an Existing At -Grade Public Road
Crossing Improvement Agreement ("Agreement") for the crossing at Red Bud
Lane on April 13, 2006, and
WHEREAS, the City now desires to enter into a Supplemental
Agreement to the Agreement, and
WHEREAS, the City Council wishes to approve said 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 a Supplemental Agreement with Union Pacific Railroad
Company, a 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 February,
2007.
NY :• WEL , ayor
City .f Roun. Rock, Texas
CHRISTINE R. MARTINEZ, City Secretary
0:\wdox\RESCLUTI\A7G222A4.WPD/rmc
BUILDING AMERICA'
UPRR Folder No.: 2362-54
UPRR Audit No.: CA87846
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 municipal corporation of the State of Texas with a mailing address at 221 East
Main Street, Round Rock, TX 78664 (hereinafter the City).
RECITALS:
By instrument dated April 13, 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.
CA78746, covering the improvements to the existing CR 122 (Red Bud Lane) at -grade public road
crossing located at Mile Post 157.30 on its Austin Subdivision in or near Round Rock, Williamson
County, Texas.
The parties now desire to modify the Basic Agreement by adding an additional and final
Railroad Estimate of Material and Force Account Work labeled as Exhibit B-3, attached hereto.
AGREEMENT:
NOW, THEREFORE, IT IS AGREED by and between the parties hereto as follows:
SECTION 1 —ADDITIONAL SIGNAL ESTIMATE
The City agrees to reimburse the Railroad for one hundred percent (100%) of Railroad's
actual labor and material costs associated with the work and materials described in the Estimate of
Material and Force Account marked Exhibit B-3, hereto attached and hereby made a part hereof.
The Railroad estimates such cost to be ($383,159.00. Actual costs to the Railroad shall include
customary additives to materials, services and labor provided by the Railroad. Within 120 Days after
Railroad has completed its work, the Railroad will submit a final billing to City for any balance
owed. City shall pay the Railroad within thirty (30) days of its receipt of all bills submitted by the
Railroad.
SECTION 2 - EFFECTIVE DATE
This Supplemental Agreement shall be effective as of the date herein written.
2362-54 City of Round Rock, TX
CR 122 (Red Bud lane)
EXHIBIT `A"
Page 1 of 2 February 16, 2007
BUILDING AMERICA"
SECTION 3- ADMINISTRATIVE HANDLING CHARGE
The City, when returning this executed agreement, shall furnish payment to the Railroad, an
administrative handling charge of ONE THOUSAND DOLLARS ($1,000.00).
SECTION 4 - 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.
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:
GREGORY L. PINKER
Director Contracts
WITNESS: CITY OF ROUND ROCK
2362-54 City of Round Rock, TX
CR 122 (Red Bud lane)
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Title:
Page 2 of 2 February 16, 2007
DATSI 2006-12-12
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Exhibit B-3
Signal Estimate
To Supplemental Agreement
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Exhibit B-3
Signal Estimate
To Supplemental Agreement
DATE: February 15, 2007
SUBJECT: City Council Meeting - February 22, 2007
ITEM: 8.A.4. Consider a resolution authorizing the Mayor to execute
Amendment #1 to the At -Grade Public Road Crossing
Improvement Agreement with Union Pacific Railroad for the
crossing at Red Bud Lane.
Department: Transportation Services
Staff Person: Thomas G. Martin, P.E., Director
Justification:
This agreement provides for the placement of permanent railroad signals and
controller for the improvements currently under construction on Red Bud Lane and
US 79.
Funding:
Cost: $383,159.00
Source of funds: 4B Transportation System Development Corporation
Outside Resources: Union Pacific Railroad and HDR Engineering
Background Information:
Phase III improvements were designed by HDR Engineering, based on a professional
services contract approved by the City Council on October 13, 2005. Original At -
Grade Public Road Crossing Improvement Agreement was approved by City Council
on April 13, 2006.
Public Comment: N/A
EXECUTED
DOCUMENT
FOLLOWS
BUILDING AMERICA'
UPRR Folder No.: 2362-54
UPRR Audit No.: CA87846
SUPPLEMENTAL AGREEMENT
THIS SUPPLEMENTAL AGREEMENT is made as of the cud day of
, 2001 , 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 municipal corporation of the State of Texas with a mailing address at 221 East
Main Street, Round Rock, TX 78664 (hereinafter the City).
RECITALS:
By instrument dated April 13, 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.
CA78746, covering the improvements to the existing CR 122 (Red Bud Lane) at -grade public road
crossing located at Mile Post 157.30 on its Austin Subdivision in or near Round Rock, Williamson
County, Texas.
The parties now desire to modify the Basic Agreement by adding an additional and final
Railroad Estimate of Material and Force Account Work labeled as Exhibit B-3, attached hereto.
AGREEMENT:
NOW, THEREFORE, IT IS AGREED by and between the parties hereto as follows:
SECTION 1 — ADDITIONAL SIGNAL ESTIMATE
The City agrees to reimburse the Railroad for one hundred percent (100%) of Railroad's
actual labor and material costs associated with the work and materials described in the Estimate of
Material and Force Account marked Exhibit B-3, hereto attached and hereby made a part hereof.
The Railroad estimates such cost to be ($383,159.00. Actual costs to the Railroad shall include
customary additives to materials, services and labor provided by the Railroad. Within 120 Days after
Railroad has completed its work, the Railroad will submit a final billing to City for any balance
owed. City shall pay the Railroad within thirty (30) days of its receipt of all bills submitted by the
Railroad.
SECTION 2 - EFI'ECTIVE DATE
This Supplemental Agreement shall be effective as of the date herein written.
R-07- oa-as-8/H
2362-54 City of Round Rock, TX
CR 122 (Red Bud Lane)
Page 1 of 2 February 16, 2007
BUILDING AMERICA'
SECTION 4 - 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.
IN WITNESS WHEREOF, the parties hereto have caused this Supplemental Agreement to
be executed as of the day and year first hereinabove written.
UNIO
By:
WITNESS:
PACIFIC
Fder¢Z Tax ID #9 SJ
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2362-54 City of Round Rock, TX
CR 122 (Red Bud Lane)
CIT 0 OUND ROCK
Title:
Page 2 of 2 February 16, 2007
DATE: 2006-12-12
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824E IMP 900 900 900
Mr. 00(31087106 4970 4970 4970
CC18r3ACP 9620 9620 . 9680
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8050p5L 86581985 49000 49060 49800
SWIM 59972 106991 166963 166963
11J12188023N810<1 C423053 6540 6848 6848
NZ 111681IC CON1501 11205 11205 11205
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1A002/1678RIA4 51018158 189725 293424
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Exhibit B-3
Signal Estimate
To Supplemental Agreement
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Exhibit B-3
Signal Estimate
To Supplemental Agreement