Canadian Pacific Railroad Crossing Improvements AgreementMasterpiece on the Mississippi
Dubuque
band
AI- America City
IIIii!
2007 • 2012 • 2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Canadian Pacific Railroad Agreement for the One -way to Two -way
Conversion Project
DATE: October 29, 2013
In August 2013, the 9th Street and 11th Street One -way to Two -Way Conversion
Project was awarded to Portzen Construction. As part of the conversion process, the
railroad crossing gate arms on 9th and 11th streets near Elm Street need to be reconfigured
to accommodate two -way traffic. City staff coordinated with Canadian Pacific staff to have
the gates reconfigured. Through the coordinated effort, an agreement between the City and
Canadian Pacific was developed.
The agreement states that Canadian Pacific will perform all railway modifications to the
crossings so they can accommodate two -way traffic. The City in turn will reimburse
Canadian Pacific for all construction and engineering costs. The total cost estimate is
$279,375.02.
City Engineer Gus Psihoyos recommends City Council approval of the execution of the
Canadian Pacific Railway agreement for the railroad crossing improvements on 9th and
11th Streets.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Gus Psihoyos, City Engineer
2
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manage
FROM: Gus Psihoyos, City Engineer
DATE: October 28, 2013
Dubuque
All-America City
2007 • 2012 • 2013
RE: Canadian Pacific Railroad Agreement for the One -way to Two -way
Conversion Project
INTRODUCTION
This memo requests your execution of the two attached copies of the Canadian Pacific
Railway (CP) agreement for the railroad crossing improvements on 9th and 11th Streets.
BACKGROUND
In August 2013, the 9th Street and 11th Street One -way to Two -way Conversion Project
was awarded to Portzen Construction. In the award memo, the CP railroad crossing
work and cost was identified. A copy of that memo is attached.
DISCUSSION
As part of the conversion process, the railroad crossing gate arms on 9th and 11th
streets near Elm Street need to be reconfigured to accommodate two -way traffic. This
work includes adding pre - emption to the city traffic signals and providing for circuit
changes needed at 5th 7th 9th, 11th, 12th 14th, 15th and 16th streets. City staff
coordinated with CP staff to have the gates reconfigured. Through the coordination
effort, an agreement between the City and CP was developed. This agreement has
been reviewed by the Legal Services Department.
The agreement states that CP will perform all railway modifications to the crossings so
they can accommodate two -way traffic. The City in turn will reimburse CP for all
construction and engineering costs. The total cost estimate is $279,375.02.
BUDGET
The estimated $279,375.02 cost is currently in the current 1 -way to 2 -way Conversion
Project Budget. Engineering is requesting to fund this cost in the FY 2015. The cost to
modify the RR crossing signals was not included in the original development of the 1-
way to 2 -way Conversion Project Fund developed 18 months ago because the costs
were not known at that time.
ACTION TO BE TAKEN
It is requested that the attached agreement be executed on behalf of the City.
Prepared By: Jon Dienst, P.E.
CC: Jenny Larson, Budget Director
Don Vogt, Public Works Director
John Klostermann, Street & Maintenance Supervisor
Bob Schiesl, Assistant City Engineer
Dave Ness, Civil Engineer II
Duane Richter, Engineering Technician
2
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
Dubuque
kattil
NI•AmeddcaCity
2007 • 2012 •2013
SUBJECT: 9th Street and 11th Street One -Way to Two -Way Conversion Project
(CIP 3602442, 1021041, 3001029, 3001615, 3001631)
DATE: August 12, 2013
Sealed bids were received for the 9th Street and 11th Street One -Way to Two -Way
Conversion Project. City Engineer Gus Psihoyos recommends award of the contract to
the low bidder, Portzen Construction, Inc., in the amount of $797,011.20, which is
6.92% under the engineer's estimate of probable cost.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
brilt441
Michael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Gus Psihoyos, City Engineer
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
LY)
DATE: August 8, 2013
RE: 9th Street and 11th Street One -way to Two -way Conversion Project
(CIP 3602442, 1021041, 3001029, 3001615, 3001631)
INTRODUCTION
Dubuque
hittd
All AmedcaCity
II is
2007 • 2012 • 2013
The enclosed resolution authorizes the award of the construction contract for the 9th Street
and 11th Street One -way to Two -way Conversion Project.
DISCUSSION
This project will involve the conversion of the following streets from one way to two way traffic:
• 9th Street between Locust Street and Kerper Boulevard
• 10th Street between Bluff Street and Central Avenue
• 11th Street between Central Avenue and Kerper Boulevard
• Elm Street from 9th Street to 11th Street
• Pine Street from 9th Street to 11th Street
The construction work will involve the reconfiguration of traffic signals at existing intersections,
new pavement markings, new signage, fiber optic vaults and conduit and pedestrian access
ramps. The two -way traffic pattern on the aforementioned streets will occur in the summer of 2014
after all work is complete.
The railroad crossing on 9th street near Elm Street and on 11th Street near Elm Street will be
reconstructed and the crossing signals relocated to allow for two -way traffic. City staff have
coordinated with Canadian Pacific Railroad to schedule this work. Canadian Pacific forces will
reconstruct the crossings in the spring of 2014.
City of Dubuque Engineering coordinated closely with the Iowa Department of Transportation
(IDOT) on this project. IDOT staff reviewed the proposed construction documents and concurs
with the conversion of the streets to two -way.
Prior to the actual converting of the traffic to two -way on the aforementioned streets, the
Engineering Department will be utilizing the media and variable message signs to educate the
public on the new traffic configuration for these streets.
BID RESULTS
The City of Dubuque received the following bids for the 9th Street and 11th Street One -way to Two -
way Conversion Project. on August 8, 2013:
Contractor
Portzen Construction, Inc.
Horsfield Construction, Inc.
Tschiggfrie Excavating, Inc.
RECOMMENDATION
Bid Results
$ 797,011.20
$ 814,892.95
$ 858,095.26
I recommend that the contract for the 9th Street and 11th Street One -way to Two -way
Conversion Project be awarded to Portzen Construction, Inc. of Dubuque, Iowa in the amount of
$797,011.20 which is 6.92% under the engineer's estimate of probable cost.
BUDGET IMPACT
The summary of cost for the 9th Street and 11th Street One -way to Two -way Conversion Project
is as follows:
Construction Contract
Contingency
Construction Engineering & Inspection
Purchase of Traffic Equipment and Streetlights
Railroad Crossing Modifications (CP Rail)
Total Project Cost
The anticipated available project funding is as follows:
CIP No.
3602442
1021041
3001615
3001631
Fund Description
1 -way to 2 -way Conversion Project
Curb /Catch Basin Replacement
Signal Intersection Reconstruction
Traffic Signal Fiber Optic Network
Total Project Funding
2
Estimate
$856,244.89
113,887.00
367,998.00
281,971.00
$279,375.02
$1,899.475.91
Award
$797,011.20
113,887.00
367,998.00
281, 971.00
$279,375.02
$1.840,242.22
Fund Amount
$ 1,750,000.00
30,000.00
30,000.00
30, 242.22
$1.840,242.22
REQUESTED ACTION
I recommend that the City Council adopt the attached resolution awarding the 9th Street and 11th
Street One -way to Two -way Conversion Project to Portzen Construction, Inc. in the amount of
$797,011.20.
Prepared by Jon Dienst, PE
cc: Jenny Larson, Budget Director
Don Vogt, Public Works Director
John Klostermann, Street & Sewer Maintenance Supervisor
Phillip Wagner, Acting Economic Development Director
Dave Ness, Civil Engineer II
Duane Richter, Engineering Technician
3
RESOLUTION NO. 275-13
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE 9TH STREET AND
11TH STREET ONE -WAY TO TWO -WAY CONVERSION PROJECT
Whereas, sealed proposals have been submitted by contractors for the 9th Street
and 11th Street One -way to Two -way Conversion Project (the Project) pursuant to
Resolution No. 208 -13; and
Whereas, said sealed proposals were opened and read by the City of Dubuque
on the 8th day of August, 2013, and it has been determined that Portzen Construction,
Inc. of Dubuque, Iowa with a bid in the amount of $797,011.20, is the lowest responsive,
responsible bidder for the Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That a Public Improvement Contract for the Project is hereby awarded to,
Portzen Construction, Inc. and the City Manager is hereby directed to execute a Public
Improvement Contract on behalf of the City of Dubuque for the Project.
Passed, approved and adopted this 19th day of August, 201
Attest:
c
Kevin : Firnstahl, CMC, ity Clerk
Roy D. Buol, Mayor
CANADIAN
PACIFIC
AGREEMENT
Engineering Works- US East
Public Works
11306 Franklin Avenue
Franklin Park, IL 60131
THIS AGREEMENT made and entered into by and between THE CITY OF DUBUQUE, a
Municipality of the State of Iowa, hereinafter referred to as the "CITY" and DAKOTA,
MINNESOTA AND EASTERN RAILROAD COMPANY, doing business as CANADIAN
PACIFIC RAILWAY, hereinafter referred to as the "RAILWAY."
WITNESSETH
WHEREAS, 9th Street withDOT# 376121M at mile post 43.83 and 11th Street with DOT#
376122U at mile post 43.97 on the Marquette Subdivision located in the City of Dubuque cross
main track of the RAILWAY and are constructed with warning devices that consist of flashing
lights and gates; and
WHEREAS, the CITY will perform roadway modifications on 9th Street and 11th Street to
convert the roadways from one way to two way vehicular traffic as shown on the plans
attached hereto and marked Exhibit "A "; and
WHEREAS, the RAILWAY will perform modification to the 9th Street and 11th Street
crossing warning systems to accommodate the changes in traffic patterns.
WHEREAS, the parties desire to set forth the terms and conditions for reconstruction and
modifications of said crossings; and
NOW, THEREFORE, in consideration of the promises and of the mutual covenants and
agreements contained herein, the parties agree as follows:
SECTION 1. If the CITY will be receiving any federal funding for the Project, the current
rules, regulations and provisions of the Federal Aid Policy Guide as contained in 23 CFR
140, Subpart I and 23, CFR 646, Subparts A and B are incorporated into this Agreement by
reference.
SECTION 2. The RAILWAY hereby agrees that it will grant by separate instrument and
subject to the RAILWAY's rights therein, a temporary right of entry agreement allowing the
CITY and its contractor to perform improvements to the roadway within the RAILWAY's
property as required for the proposed traffic modifications and as shown on the plans attached
hereto and marked Exhibit "A ".
SECTION 3. The CITY will secure, or cause to be secured all rights -of -way or easements
required for its project in addition to that provided for in Section 2 and will construct and
complete its project all without cost or assessment to the RAILWAY.
SECTION 4. The parties will construct, or cause to be constructed, the following items of
work:
City of Dubuque, IA Page 1 of 4 DME Railroad Company d /b /a CP
4A. WORK BY THE RAILWAY. The RAILWAY will furnish, or cause to be
furnished, all of the labor, materials and work equipment required to perform and
complete:
a. The relocation of crossing warning devices at 9th Street and 11th Street.
b. The upgrade and/or modification of circuitry and equipment at:
• 5th Street;
• 7th Street;
• 9th Street;
• 11th Street;
• 12th Street;
• 14th Street;
• 15th Street; and
• 16th Street
to allow the relocation of the signals at 9th and 11th and to allow for preemption
with adjacent traffic signals.
c. Incidental work necessary to complete the items hereinabove specified.
The estimated total cost of the work to be performed hereunder by the RAILWAY, at
the expense of the CITY, as outlined above is $279,375.02 as indicated in the
preliminary design and estimate of cost attached hereto and marked Exhibit "B ".
The RAILWAY warrants that it will perform all work under this agreement in a
workmanlike and timely manner in accordance with all applicable standards for work
of the type at issue. Should the RAILWAY fail to perform the work in a timely
manner or in accordance with applicable standards, the CITY may immediately
suspend further payments under this agreement and the RAILWAY will repay all
funds expended on unsatisfactory work.
4B. WORK BY THE CITY. The CITY will furnish or cause to be furnished, at its
expense, all of the labor, material and work equipment required to perform and
complete:
a. The reconstruction of 9th and 11th Streets, including:
• Utility work,
• Grading,
• Paving,
• Installation of approach signs,
• Pavement markings; and
• Drainage facilities.
b. Traffic control and detour signing.
c. Incidental work necessary to complete the items hereinabove specified.
City of Dubuque, IA Page 2 of 4 DME Railroad Company d /b /a CP
SECTION 5. In compliance with the Federal Highway Program Manual, Volume 6, Chapter
6, Section 2, Subsection 1, dated April 25, 1975, and supplements, which determine
RAILWAY benefit and liability, the proposed grade crossing improvement meets
Classification 1 of Paragraph 6(b), a category not considered as a benefit to the RAILWAY,
and no contribution by the RAILWAY is required,
SECTION 6. Upon completion of this project, the City of Dubuque will be responsible for
maintaining the roadway and crossing approaches up to the ends of the track ties at its
expense. The RAILWAY will operate and maintain its track, the crossing over its ties and
the crossing warning devices in accordance with Federal or State law. However
RAILWAY'S obligation to maintain said crossing and warning devices will cease in the
event the RAILWAY, upon notice to the CITY, abandons its railroad operations over said
track in the future, in which event the CITY may, if it desires, remove the trackage and
restore and maintain the crossing at its sole cost and expense.
SECTION 7. The CITY agrees to indemnify and hold harmless the RAILWAY from any
and all Iawsuits, claims, demands, liabilities, losses and expenses, including court costs and
attorney's fees, for or on account of any injury to any person, or any death at any time
resulting from such injury or any damage to property, which may arise out of the CITY's
work or the work of its contractors under 4(B) of this Agreement.
The RAILWAY agrees to indemnify and hold harmless the CITY from any and all lawsuits,
claims, demands, liabilities, losses and expenses, including court costs and attorney's fees,
for or on account of any injury to any person, or any death at any time resulting from such
injury or any damage to property, which may arise out of the RAILWAY's work or the work
of its contractors under 4(A) of this Agreement.
SECTION 8. Before entering the RAILWAY'S property or performing work within 50 of
any active track and during the entire time CITY'S employees, agents or contractors are on
the property, CITY or contractor, as the case may be, shall maintain the following insurance:
• Worker's compensation insurance which fully meets the requirements of any
worker's compensation law in force at the location where the work is performed,
including the requirements of any occupational disease law.
• Automobile liability insurance covering all owned, non -owned and hired
vehicles engaged in or about the work site, with a combined single limit of
$1,000,000.
• Comprehensive general liability with a combined single limit of not less than
$2,000,000per occurrence and $5,000,000 aggregate
• Railroad protective liability insurance (occurrence form), in the name of the
Dakota, Minnesota and Eastern Railroad Company d/b /a Canadian Pacific, with
limits of $2,000,000 per occurrence and$6,000,000 aggregate for bodily injury
(including death) and property damage.
The automobile and comprehensive general liability policies shall be endorsed to add
RAILWAY as an additional insured and to waive subrogation against RAILWAY. All
City of Dubuque, IA Page 3 of 4 DME Railroad Company d /b /a CP
subcontractors shall also provide the required insurance or shall be named as additional
insured.
SECTION 9. The RAILWAY, upon the completion of its work, will render to the CITY a
detailed statement of the actual cost and expense as incurred by it or for its account. After the
CITY representatives have checked the progressive invoices and the final statement, and they
have agreed with the RAILWAY's representatives that the costs are reasonable and proper,
insofar as they are able to ascertain, the CITY will promptly reimburse the RAILWAY for
100% of the amount agreed upon.
SECTION 10. This Agreement will be binding upon the parties hereto, their successors or
assigns.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in
duplicate counterparts, each of which will be considered as an original, by their duly
authorized officers, as of the dates below indicated.
APPROVED:
THE CITY OF DUBUQUE
By:
2013 APPROVED:
, 2013
DAKOTA, MINNESOTA & EASTERN
RAILROAD COMPANY d/b /a
CANADIAN PACIFIC
Date: %/y,
Justin D. Meyer
General Manager Engineering
Attest:
, 2013 Date:
, 2013
City of Dubuque, IA Page 4 of 4 DME Railroad Company dibla CP