Fiber Optic Conn to Port of DbqMEMORANDUM
January 28, 2003
TO:The Honorable Mayor and City Council Members
FROM:Michael C. Van Milligen, City Manager
SUBJECT:Fiber Optic Connection Between City Hall and Port of Dubuque Area
Public Works Director Mike Koch recommends City Council approval of an agreement
between the Canadian National Railroad (CN) and the City of Dubuque for the
installation of a four-inch conduit underneath the railroad tracks at Fourth and White
Streets. This agreement allows the City to work under the railroad right-of-way to
extend its existing fiber optic system to service the Mississippi River Museum and
Aquarium, the Grand River Center and the Grand Harbor Resort and Water Park in the
Port of Dubuque area.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Micael 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
January 28, 2003
TO:Michael C. Van Milligen, City Manager
FROM:Michael A. Koch, Public Works Director
SUBJECT:Fiber Optic Connection between City Hall and Port of Dubuque Area
INTRODUCTION
The enclosed is a proposed agreement between the Canadian National Railroad (CN)
and the City of Dubuque for the installation of a four-inch conduit underneath the railroad
tracks at Fourth and White Streets.
DISCUSSION
The existing fiber optic system connects the Annex, City Hall, Fire Headquarters,
Dubuque Law Enforcement Center (DLEC), parking ramps, Five Flags, and the
Carnegie-Stout Library. This agreement allows the City to work under the railroad right-
of-way to extend its service to the museum, hotel, and convention center in the Port of
Dubuque area.
RECOMMENDATION
It is recommended that the City Council approve the agreement to allow the installation
of a four-inch PVC fiber optic conduit in the Canadian National Railroad right-of-way.
ACTION TO BE TAKEN
The City Council is requested to adopt the attached resolution authorizing the Mayor to
execute two copies of the agreement between the City of Dubuque and the Canadian
National Railroad.
MAK/vjd
Prepared by Michael Felderman
cc: Pauline Joyce, Administrative Services Manager
Chris Kohlmann, Information Services
Jim Kolf, Durrant
Michael Felderman, Civil Engineer
RESOLUTION NO. 33-03
RESOLUTION APPROVING AGREEMENT FILE NUMBER P-8474 WITH
THE CANADIAN NATIONAL RAILROAD RELATING TO THE
INSTALLATION OF A FOUR-INCH PVC FIBER OPTIC CONDUIT
Whereas, the City of Dubuque is proposing to install a four-inch PVC fiber
optic conduit from 4th and Iowa Streets to the Port of Dubuque area; and
Whereas, Canadian National Railroad (CN) has prepared an agreement
outlining the terms under which the conduit would be extended; and
Whereas, the City Council of the City of Dubuque approves the terms and
conditions of said agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1, That Canadian National Railroad Agreement File Number P-
8474 consists of the agreement providing for the City to install a four-inch PVC
fiber optic conduit within the Canadian National Railroad right-of-way at 4th and
White Streets.
Section 2. That the Mayor be authorized and directed to execute two
copies of Agreement File Number P-8474 with the Canadian National Railroad.
Passed, adopted and approved this 3rd day of February, 2003.
2003.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
3rd
day of February~.~
T~an, 7or
2800 Livernois
Suite #330
Troy, MI 48083
January 22, 2003
file # P-8474
City of Dubuque
50 West 13th Street
Dubuque, Ia 52001-4864
4" PVC pipe carrying fiber optic cable
Mile Post W 182 + 4257'
Charge of $750.00
Attached hereto in duplicate is agreement covering the above described subject matter
which has been prepared pursuant to your request. Please have all copies executed in
accordance with the "Important Notice" which is attached and return all copies to me for
my further handling for approvals and execution on behalf of the Railroad Company.
Acceptance of the agreement is not to be assumed until a fully executed copy has been
returned.
Please note that payment of $250.00 is to be made upon execution of the agreement. To
avoid delay in our handling, the required remittance should be made with the return of the
agreement.
There is electronic crossings protection at this site. A signal maintainer will be required
to locate our signal lines.
Administrative Specialist
248-740-6545
cc: G. Bastian
license agree, cover letter
www. cn,ca
LICENSE FOR UNDERGROUND PIPELINES, CABLES AND CONDUITS
THIS AGREEMENT made in duplicate this 22nd day of January, 2003,between
CHICAGO, CENTRAL & PACIFIC RAILROAD COMPANY, party of the first part,
hereinafter called the Railroad, and
City of Dubuque
50 West 13th Street
Dubuque, Ia 52001-4864
FILE: P-84741
Party or parties of the second part, hereinafter called the Licensee,
WITNESSETH:
In consideration of a one time fee of $750.00 in hand paid by the Licensee to the
Railroad, the receipt whereof is hereby acknowledged and the faithful
performance by the Licensee of the covenants herein contained, the Railroad,
insofar as it lawfully may, hereby grants to the Licensee license and permission to
construct and maintain a 4" PVC conduit carrying fiber optic cable (whether one
or more pipes, cables or conduits hereinafter referred to as the "pipeline") across,
along and underneath the property of the Railroad at Mile Post W 182 + 4257' in
Dubuque, Ia.
said pipeline being more particularly shown upon the exhibits hereto attached and
made a part hereof, subject to the following conditions and specifications:
Licensee shall pay Railroad none per annum payable n/a years in advance and
every n/a years thereafter as rental for this license and perrinssion. The annual
payment is subject to change by Railroad at any time and from time to time after
the fifth anniversary of this Agreement, upon notice to Licensee. In the event said
payment is increased, Railroad shall not have the right to make another increase
for at least five years from the effective date of such increase.
The license and permission herein granted to Licensee are subject and
subordinate; however, to the rights in Railroad, its successors and assigns, its
grantees, lessees and licensees, to construct, reconstruct, operate, use, maintain,
repair and renew on, beneath or above the property covered hereby, any
structures, improvements or facilities of similar or different character as are now
or in the future may be located on, beneath or above said properties.
Page 2.
Licensee shall, except in emergencies, give not less than 72 hours written notice
to Railroad of the day, hour and location that it proposes to undertake any
construction or maintenance work and in the event of an emergency shall notify
Railroad as soon as possible.
Licensee shall reqrfire each of its contractors and subcontractors to observe and
conform to the conthtions and requirements specified herein; and for the purposes
of the safety, protective and indemnification provisions hereof, such contractors
and subcontractors, their agents, servants and employees, and other persons on the
Railroad property at the invitation of the Licensee, its contractors or
subcontractors, shall be deemed the agents or employees of the Licensee.
Licensee shall, at no expense to Railroad, obtain all permits and approvals
required to exercise this license and Licensee shall install, maintain and operate
its facilities in accordance with all requirements of lawful public authority.
Licensee shall be responsible for any taxes, assessments and charges made against
the pipeline or other of Licensee's facilities on Railroad's property or the
operation of any of them.
The pipeline shall be installed at least 5 feet below the tracks of the Railroad,
measured from base of rail to top of pipeline or, if no tracks are located on the
property, at least 3 feet below natural ground, measure from top of ground to top
of pipeline. Said pipeline shall be constructed of such material and in such a
manner as will assure the safety of Railroad. Railroad's authorized representative
shall have the right, but not the duty, to require certain materials or procedures to
be used or to supervise the construction, maintenance, restoration or other work
on Railroad's property. If in the opinion of Raikoad's authorized representative
casing of the pipeline is required at the time ofinstallation or at any time
subsequent thereto, Licensee shall promptly arrange for such casing at its own
risk and expense.
If, in the opinion of the authorized representative of Raikoad the work to be done
by the Licensee pursuant to this agreement will make necessary or desirable any
change in the Raikoad's facilities, or those of the Railroad's tenants or licensees,
on the Railroad's property, the Railroad shall have the right, but not the duty, to
make such changes, the expense thereof to be borne by the Licensee.
Raikoad shall have the right, but not the duty, to furnish flagging or other
protection or to perform work to support its tracks or otherwise protect its
property or facilities at any time, at Licensee's sole risk and expense.
Page 3.
Licensee agrees at any time, or from time to time, at its own risk and expense,
upon request of the authorized representative of the Railroad, to make such
change or changes as may be necessary in the opinion of said representative to
accommodate any change or improvements which Railroad may desire to make in
or upon its property. In case Licensee shall fail within thirty (30) days after notice
from Railroad to make such change or changes, Railroad shall have the right, but
not the duty, to make such change or changes, or remove Licensee's facilities
from said property at the risk and expense of Licensee.
Licensee shall at its expense take such measures as may be necessary and
adequate in connection with its property or the property of railroad to protect
facilities of Railroad and those of others using Railroad's property from
interference by induction, conduction, physical contact or otherwise attributable
to the exercise by Licensee of the license granted to it.
In the event Railroad advises Licensee to take any action to protect Railroad, its
facilities or facilities on Railroad's property, Licensee shall promptly take the
indicated action, including, but not limited to, stopping the operation of the
pipeline. If Licensee fails to do so, Railroad shall have the fight, but not the duty,
to perform on behalf of Licensee at the sole risk and expense of Licensee.
10. In the event Railroad elects to renew, replace, repair or alter any tracks or other
facilities or to construct new facilities or to make other use of the property
covered by this license, and in connection therewith requires the removal of any
facilities placed by Licensee on Raikoad's property or should any facilities of
Licensee need renewal or repair, Licensee shall, within 30 days of receipt of
notice, arrange for such removal, renewal or repair at Licensee's risk and expense.
In the event removal is required, the facilities shall be relocated at such location
on Raikoad's property as is designated by Raikoad, provided that Raikoad's
authorized representative determines that a location is reasonably available.
Renewal or repair shall be to such condition as is indicated by Raikoad's
authorized representative. If Licensee fails to comply with the foregoing,
Railroad shall have the right, but not the duty, to remove, renew or repair such
facilities at the sole risk and expense of Licensee.
11. Cost and expense for work performed by the Railroad pursuant to this agreement
shall consist of the direct cost of labor and material plus Railroad's standard
additives in effect at the time the work is performed. All payments required of
Licensee under this agreement shall be made promptly upon presentation of a bill.
Page 4.
12.Licensee, as a further consideration and as a condition without which this license
would not have been granted, agrees to indemnify and save harmless Railroad, its
officers, employees and agents and to assume all risk, responsibility and liability
for death of, or injury to, any persons, including, but not limited to, officers,
employees, agents, patrons and licensees of the parties hereto, and for loss,
damage or injury to any property, including but not limited to, that belonging to
the parties hereto (together with all liability for any expense, attorneys' fees and
costs incurred or sustained by the Railroad, whether in defense of any such
claims, demands, actions and causes of action or in the enforcements of the
indemnification rights hereby conferred) arising from, growing out of, or in any
manner or degree directly or indirectly caused by, attributable to, or resulting
from the grant or exercise of this license or the construction, maintenance, repair,
renewal, alteration, change, relocation, existence, presence, use, operation, or
removal of any structure incident thereto, or from any activity conducted on or
occurrence originating on the area covered by the license regardless of the
negligence of Railroad, its officers, employees and agents. Licensee further
agrees to release and indemnify and save harmless Railroad, its officers,
employees, agents, patrons or invitees from all liability to Licensee, its officers,
employees, agents or patrons, resulting from railroad operations at or near the area
in which the license is to be granted whether or not the death, injury or damage
resulting therefrom may be due to the negligence of the Railroad, its officers,
employees or agents or otherwise. At the election of Raikoad, the Licensee, upon
receipt of notice to that effect, shall assume or join in the defense of any cla'an
based upon allegations purporting to bring said claim within the coverage of this
section.
13.It is expressly understood Railroad does not warrant title to the premises and
Licensee accepts the grant of privileges contained herein subject to all lawful
outstanding existing liens and superior rights. Licensee agrees it shall not have to
make any cla'an against Railroad for damages on account of any deficiency in title
and agrees that in the event of failure or insufficiency of such title the sole remedy
of Licensee shall be the right to return of the consideration paid in advance,
provided for herein, or a proportionate part thereof in the event of a partial
deficiency or insufficiency of title. Licensee further agrees to indemnify and save
harmless the Railroad and to assure all risk, responsibility and liability (including
any expenses, attorneys' fees and costs incurred or sustained by Railroad) arising
from, growing out of, or in any manner or degree directly or indirectly attributable
to or resulting from any deficiency or insufficiency of its title affecting the right
of the Railroad to make this grant.
Page 5.
14. This agreement shall continue in force indefiuitely from and after the date hereof,
subject, however, to the right of either party to terminate this agreement as to the
entire pipeline and all of the facilities of Licensee, or any part thereof, at any time
or from time to time, as it may require, upon giving the other party ninety (90)
days notice in writing of its desire to terminate this agreement, and indicating in
said notice the extent of said line and facilities to which such termination shall
apply. When this agreement shall be terminated as to the entire line and all of the
facilities of Licensee or as to any part thereof, Licensee within thirty (30) days
after the expiration of the time stated in said notice, agrees at its own risk and
expense to remove said facilities from the property of Railroad, or such portion
thereof as Railroad shall require removed, and to restore the railroad premises to a
neat and safe condition, and if Licensee shall fail to do so within said time,
Railroad shall have the right, but not the duty, to remove and restore the same, at
the risk and expense of Licensee. Nothing herein contained shall be construed as
conferring any property right on Licensee.
15. In case Railroad shall at any time, or from time to time, require the removal of
only a portion of said pipeline, this agreement shall continue in force and be
applicable to the portion of portions of said pipeline and other facilities remaining
fi:om time to time until said entire pipeline has been removed and the rental shall
be adjusted accordingly.
16. Nothing in this agreement shall be construed to place any responsibility on
Railroad for the quality of the construction, maintenance or other work performed
on behalf of Licensee hereunder or for the condition of any of Licensee's
facilities.
Any approval given or supervision exercised by Railroad hereunder, or failure of
Railroad to object to any work done, material used or method of construction,
reconstruction or maintenance, shall not be construed to relieve Licensee of its
obhgations under this Agreement.
17. This Agreement shall not be binding on either party hereto until all parties have
executed the space provide below.
18. If required by Railroad this Agreement shall include the additional terms and
conditions contained in Appendix 1. In order to provide that Appendix 1 be
applicable, Railroad shall require execution of the appendix by all parties at the
Page 6.
time this Agreement is executed and a copy of said Appendix 1 shall be attached
hereto and made apart hereof.
19. This agreement shall be binding on the successors and assigns of the parties
hereto, but no assignment hereof by the Licensee, its successors, legal
representatives or assigns, shall be binding upon the Railroad without its written
consent in each instance.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed in duplicate, the day and year first above written.
CHICAGO, CENTRAL & PACIFIC RAILROAD COMPANY
By:
P. Marshall, Vice President - Gulf Division
CITY OF DUBUQUE
By:
Name And Title
Jan, 2!,2~3 2:!97~ 3!92~23313 ~o.~[~ ~. 2/5
To: Daryl Lang
From: Greg Bastian
Date: January 21, 2003
Subj: Proposed UG Fiber Optic Cable by City of Dubuque, Iowa, File No. P-8474
There are no objections to the proposed crossing. The following comments apply:
The location is Mile Post W 182 + 4257.
Railroad Right-of-Way is 40 feet wide at this location.
There are wayside signals at this location. A signal locate by our signal maintainer will be
required.
The City caIled today asking about this crossing. Please handle as quickly as you can.
Sorry about the delay on my end.
~N 21 2~83 15:24 · 3192923313 P~GE.~2
3!9£369259
No. 006I P. 3/3
Chicago Central & Pacific Railroad/Cedar River Railroad
City of Dubuque
Engineering Division
City Hall 50 West 13th Street
City of Dubuqe
Engineering Division
City Hall, 50 West 13th Street