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Salina St Railroad AgreeMEMORANDUM August 14, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Canadian National/Illinois Central Agreement for Replacement of Railroad Track Along Salina Street Public Works Director Mike Koch is recommending approval of an agreement between the City of Dubuque and the Canadian National/Illinois Central (CN) describing the work to be performed by the railroad company relating to the reconstruction of Salina Street. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Michael A. Koch, Public Works Director CITY OF DUBUQUE, IOWA MEMORANDUM August 14, 2001 TO: FROM: SUBJECT: Michael C. Van Milligen, City Manager Michael A. Koch, Public Works Director Canadian National/Illinois Central Agreement for Replacement Railroad Track Along Salina Street of INTRODUCTION Enclosed is a proposed agreement between the City of Dubuque and the Canadian National/Illinois Central (CN) relating to the reconstruction of Salina Street. DISCUSSION This agreement outlines the responsibility of both parties as it relates to the reconstruction of Salina Street. The agreement describes the work to be performed by the railroad company: a) removal and replacement of rails, ties, and ballast material to the proposed grade of the roadway; and b) crossing installation. As per the February 13, 2001 memo to Council, the railroad will install at its cost a wooden-tie crossing at Charter plus install another wooden-tie crossing in the cul- de-sac at a cost to the City of $10,936, a cost-savings of $15,945 from the contract price. RECOMMENDATION It is recommended that the City Council approve the proposal agreement by the adoption of the attached resolution. ACTION TO BE TAKEN The City Council is requested to adopt the attached resolution authorizing the Mayor to execute two (2) copies of the pre-construction agreement. MAK/vjd Prepared by Michael Felderman, Civil Engineer Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13th Street, Dubuque, IA 52001-4864 RESOLUTION NO. 363-01 RESOLUTION APPROVING AGREEMENT WITH THE CANADIAN NATIONAL/ILLINOIS CENTRAL RAILROAD (CN) RELATING TO THE RECONSTRUCTION OF SALINA STREET RAILROAD TRACKS Whereas, the City of Dubuque is currently in the process of reconstructing Salina Street; and Whereas, the Canadian National/Illinois Central (CN) is proposing also to reconstruct the railroad track; and Whereas, CN has prepared a construction agreement outlining the terms under which the track would be replaced; and Whereas, the City Council of the City of Dubuque approves the terms and conditions of said reconstruction agreement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE; IOWA: Section 1. That the Canadian National/Illinois Central Agreement provides for CN's replacement of tracks along Salina Street. Section 2. That the Mayor be authorized and directed to execute two copies of the reconstruction agreement. Passed, approved and adopted this 20th day of August ,2001. Terrance M. Duggan, Attest: Jeanne F. Schneider, City Clerk AGREEMENT FOR L~OCAL AGENCY HIGHWAY-RAILWAY GRADE CROSSING IMPROVEMENTS THIS AGREEMENT, made and entered into this 23rd day of Apdl, 2001, by and between the CITY OF DUBUQUE of Dubuque County in the State of Iowa, hereinafter referred to as the "LOCAL AGENCY'' and the CHICAGO CENTRAL AND PACIFIC RAILROAD COMPANY, hereinafter referred to as "RAILROAD"; WITNESSETH: WHEREAS, in the interest of public safety and convenience, the parties hereto propose to renew the highway-railway grade crossing surface at the location listed on the attached Exhibit A, by reference hereto made a part hereof; and WHEREAS, the parties mutually agree to accomplish the proposed work, all or in part, through the use of Federal, State and/or LOCAL AGENCY.* funds which ara provided under applicable Federal, State and/or LOCAL AGENCY Act, Law and/or appropriation; NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectfully kept and performed as hereinafter set forth, it is hereby agreed as follows: ARTICLE I. For the purpose of identifying the plans, specifications, estimates and other documents, this project will be designated as "Grade Crossing Renewal of the Chicago Central and Pacific Railroad's Salina Street Spur Track, Railroad Milepost W-183.3, at Dubuque, IA". (2) ARTICLE II. The project covered under this Agreement shall be subject to all applicable Federal and State laws, rules, regulations, orders and approvals pertaining to agreements, specifications, award of contracts, acceptance of work and procedures in general. With respect to reimbursement by the LOCAL AGENCY to the RAILROAD, as hereinafter provided, for any work or portion thereof performed by the RAILROAD, the LOCAL AGENCY and the RAILROAD shall be governed by the applicable provisions of the Federal-Aid Policy Guide (FAPG), as currently amended, which is also made a part of this Agreement by reference. ARTICLE III. The RAILROAD shall prepare any needed drawings, plans (including surveys and other engineering services), estimates of cost and any required specifications for the proposed improvements listed under '~/VORK TO BE PERFORMED BY RAILROAD" on Exhibit A. These detailed plans, estimates and specifications shall be submitted to LOCAL AGENCY for its approval. No approved plan or specification shall be changed by the RAILROAD without written permission from the LOCAL AGENCY, excepting for minor changes necessitated by actual field conditions encountered at the time of construction or substitutions of equivalent materials as may be agreed upon by RAILROAD's and LOCAL AGENCY's respective representatives. ARTICLE IV. All items of work listed under "WORK TO BE PERFORMED BY RAILROAD" on Exhibit A shall be performed by the RAILROAD with its own forces or as otherwise provided herein on a force account basis, substantially in accordance with the estimate(s) attached to this Agreement as Exhibit B. In the event RAILROAD intends to use forces other than its own under a continuing centrect or contracts, the (3) RAILROAD shall indicate in its estimate(s) the item(s) of work to be performed under such contract or contracts and furnish upon request the names of each contractor whose services will be used to perform the work. If the estimate of cost for such work (including labor, materials and/or equipment) to be performed under any one contract or with any one contractor exceeds $10,000, said contract or contracts shall be secured by competitive bids in accordance with the provisions of the FAPG. ARTICLE V. The LOCAL AGENCY shall prepare the detailed drawings, plans and specifications as may be required for any proposed improvements listed under '~VORK TO BE PERFORMED BY LOCAL AGENCY" on Exhibit A, and shall perform or arrange for the performance of said items of work at its sole cost, dsk and expense, except as may otherwise be specifically provided for in this Agreement ARTICLE VI. In the event the work to be performed by LOCAL AGENCY is to be let by contract, LOCAL AGENCY shall require its contractor(s), before entedng upon the tracks or premises of RAILROAD, or performing any work on or in close proximity thereof, to secure permission from the authorized representative of the RAILROAD for the occupancy and use of its premises and/or to confer with the RAILROAD relative to its requirements for clearances, operations and general safety regulations. The RAILROAD reserves the dght to furnish LOCAL AGENCY's contractor(s), at the sole cost and expense of said contractor(s), protective services such as, but not limited to, flagmen, watchmen or other as the RAILROAD may deem desirable to promote safety and continuity of rail traffic dudng the progress of the work, for which said contractor(s) shall be required to reimburse the RAILROAD promptly upon receipt of bills. For any such work which is performed by RAILROAD for LOCAL AGENCY's own forces, (4) LOCAL AGENCY hereby agrees to so reimburse the RAILROAD! upon receipt of bills. Cost and expense for work performed by RAILROAD, i as referred to in this Article, shall consist of the actual cost of labor, materials arid related items, plus RAILROAD's standard additives in effect at the time the work is 3erformed. ARTICLE VII. Each party wilt, at its own expense, provide the necessary con- struction engineering and inspection for carrying out its work as set forth in Exhibit A. Any costs which may be incurred by the RAILROAD for inspecting the work performed by the LOCAL AGENCY as said work may affect the properties and facilities of the RAILROAD, or the safety and continuity of train operations, shall be reimbursed to RAILROAD by LOCAL AGENCY upon receipt of bill(s) therefor. ARTICLE VIII. Subsequent to the award of any contract or contracts by LOCAL AGENCY, and before any work is started on this project, a conference shall be held between the representatives of the LOCAL AGENCY, the RAILROAD and the interested contractor(s), at a time and place as designated by the LOCAL AGENCY's representative, for the purpose of coordinating the work to be performed by the several parties, and at which time a schedule of operations will be adopted. Such schedule of operations will provide sufficient lead time for the parties to order and assemble their respective materials. ARTICLE IX. The RAILROAD will not assemble its natedals nor begin its work without wdtten authorization from the LOCAL AGENCY to proceed. Upon receipt of such authorization, the RAILROAD shall promptly commence to assemble the necessary materials and, as soon as possible thereafter, arrange to perform its work (5) consistent with the schedule of operations adopted and in! accordance with the approved plans and specifications, and shall notify in writing ~he agencies listed on Exhibit A before commencing work. ARTICLE X. The LOCAL AGENCY agrees, to the ex :ant it lawfully may, to indemnify the RAILROAD against and save it harmless from I°ss and damage to any property, and injury to or death of any persons, and from cou~t costs and attorney's fees, and expenses incident thereto, adsing out of any work to b~ performed hereunder by or on behalf of LOCAL AGENCY and caused by the ~egligence of LOCAL AGENCY, or any contractor for LOCAL AGENCY, or their respective officers, agents or employees. ARTICLE Xl. The RAILROAD agrees to indemnify the LOCAL AGENCY against and save it harmless from loss and damage to any property, aQd injury to or death of any persons, and from court costs and attorney's fees, and exppnses incident thereto, arising out of any work to be performed hereunder by RAILROAD and caused by the negligence of RAILROAD or its officers, agents or employees. ARTICLE Xll. The RAILROAD shall keep an accurat~ and detailed account of the actual cost and expense as incurred by it, or for its acco~Int, in the performance of work it herein agrees to perform at LOCAL AGENCY's expense. The RAILROAD, / for performance of said work as herein contemplated, may bill! the LOCAL AGENCY monthly for the LOCAL AGENCY's share of the costs and eXPenses incurred, plus allowable additives, including for the cost of materials (including applicable sales, excise or value-added taxes) purchased, delivered and stored od the RAILROAD's (6) property but not yet installed, provided said materials are designated for exclusive use on this project. The LOCAL AGENCY, after verifying that the biils are reasonable and proper, shall promptly reimburse the RAILROAD the full amount of the LOCAL AGENCY's share as billed. The RAILROAD, upon completion of its work, shall promptly render to the LOCAL AGENCY a detailed final statement of the LOCAL AGENCY's share of its actual expenses as incurred. After the LOCAL AGENCY has checked the final statement and vedfied that it is reasonable and proper, insofar as they are reasonably able to ascertain, the LOCAL AGENCY shall then reimburse the RAILROAD an amount, less previous payments, if any, equal to the full amount of the LOCAL AGENCY's share as billed less any item or items of expense~ if any, found as not eligible for reimbursement.' For the purposes of this Article, the LOCAL AGENCY's share of any costs and expenses shall be deemed to include all funds advanced to, or to be reimbursed to, LOCAL AGENCY, regardless of source, for the purpose of defraying the costs and expenses of this improvement project. ARTICLE XIII. The improvements contemplated herein shall be placed in service immediately after same are completed, pending final inspection by representatives of the parties hereto and representatives of any participating State and/or Federal Agencies if State and/or Federal funds are utilized. The LOCAL AGENCY shall notify RAILROAD of the date on which the completed improvements will be ready for final inspection. ARTICLE XlV. After completion of the work contemplated under this Agreement, the RAILROAD shall maintain all items of construction installed by the RAILROAD's forces and the LOCAL AGENCY shall maintain all items of construction installed by or on behalf of the LOCAL AGENCY. ARTICLE XV. The LOCAL AGENCY hereby certifies that for payment of its obligations incurred in connection with the construction of the proposed improvements, the necessary appropriations have been made and are evidenced by the attached resolution. ARTICLE XVI. In the event that delays or difficulties arise in securing any necessary State or Federal approvals, or in acquiring rights-of-way, or in settling damage claims, or for any other cause which in the opinion of the LOCAL AGENCY renders it impracticable to proceed with the construction of the project, then at any time before the construction is started, LOCAL AGENCY may serve formal notice of cancellation upon the RAILROAD and this Agreement shall thereupon terminate. In the event of cancellation, LOCAL AGENCY shall reimburse the RAILROAD for all eligible cost and expense incurred by the RAILROAD prior to receipt of notice of cancellation and payment by LOCAL AGENCY. ARTICLE XVII. This Agreement shall be binding on the parties hereto, their successors and assigns. (8) IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate counterparts, each of which shall be considered an original, by their duly authorized officials as of the day and date first wdtten above. CHICAGO CENTRAL AND PACIFIC RAILROAD COMPANY By: Vice President CITY OFDUBUQUE By: Title: DUBUQUE, IOWA DUBUQUECOUNTY EXHIBIT A CROSSING IDENTIFICATION: RAILROAD: ChicaRo Central and Pacific Railroad RR MILEPOST: W-183.3 ROAD NAME: Salina Street LOCATION: DUBUQUE, IA DOT No. TRACK: Salina Street Spur EXISTING CONDITIONS: 1500-foot unconsolidated crossing surface running down middle of (currently) unpaved street DESCRIPTION OF WORK TO BE PERFORMED BY RAILROAD: 1. Remove 1500 T.F. rail, ties & OTM from existing track. 2. Furnish material, labor and equipment to reconstruct 1500 T.F., including S.H 110~ CW rail, new 6"x 8"x 8'-6" crossties, OTM and ballast on subgrade constructed by LOCAL AGENCY's contractor. 3. Surface & line track as required; 4. Furnish and install new 128-foot prefabriceted "Koppers" timber crossing surface in reconstructed track at location as shown on plans (at LOCAL AGENCY's expense); and 5. Furnish and install new 80-foot prefabricated "Koppers" timber crossing surface in reconstructed track at location as shown on plans (at RAILROAD's expense); and 6. Incidental work necessary for completion of above. DESCRIPTION OF WORK TO BE PERFORMED BY LOCAL AGENCY: 1. After rail and ties from existing track have been removed by RAILROAD, reconstruct railroad subgrede complete including furnish and install 6" compacted subballast to grade as established between RAILROAD's and LOCAL AGENCY's engineers; 2. Reconstruct street subgrade and paving; 3. Furnish and install asphalt material between and on either side of rails flush with top-of-rail on portion of reconstructed track in street beyond limits of new "Koppers" timber crossing surface; 4. Install signs, pavement markings as required; and 5. Incidental work necessary for completion of above. TOTAL ESTIMATED COST OF WORK BY RAILROAD: $134,245 LOCAL AGENCY's SHARE OF RAILROAD COST (See Exhibit B): $10,936 RAILROAD's SHARE OF RAILROAD COST Remainder LOCAL AGENCY's SHARE OF WORK BY LOCAL AGENCY: 100% EXHIBIT A Page 2 NOTIFY BEFORE COMMENCING WORK: Chicago Central & Pacific Railroad c/o Mr. G. J. Snacker Engineering Superintendent 402 East 4th Street Waterloo, IA 50703 ph. (319)236-9204 City of Dubuque c/o Mr. Michael Felderman Civil Engineer Engineering Division 50 W. 13th Street Dubuque, IA 52001-4864 ph. (319)589-4270