HomeMy WebLinkAbout7346RESOLUTION NO. 7346
A RESOLUTION APPROVING AN AGREEMENT BETWEEN
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY
COMPANY AND THE CITY OF PUEBLO RELATING TO THE
MAIN STREET BRIDGE AND AUTHORIZING EXECUTION OF
SAME
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that:
SECTION 1
The Agreement between The Atchison, Topeka and Santa Fe Railway Company and the
City of Pueblo dated April 11, 1994, a true copy of which is attached hereto as Exhibit A, having
been approved as to form by the City Attorney, be and hereby is approved.
SECTION 2
The President of the City Council is authorized and directed to execute the Agreement for
and on behalf of the City and the City Clerk is directed to affix the seal of the City thereto and attest
same.
INTRODUCED: April 11, 1994
By JOHN CALIFANO
Councilperson
ATTEST:
i Clerk
APPROVED:
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AGREEMENT
THIS AGREEMENT is made and entered into this � of IUD , 1994
by and between the City of Pueblo, a Municipal Corporation (hereinafter "City ") and The
Atchison, Topeka and Santa Fe Railway Company, a Delaware corporation (hereinafter "Santa
Fe"
WHEREAS, City has submitted an application to the Public Utilities Commission of the
State of Colorado, Docket No. 93A -421R, seeking authority to replace the Main Street Bridge
overpassing four (4) tracks of the Denver & Rio Grande Western Railroad Company (hereinafter
"Rio Grande ") and two (2) tracks of the Santa Fe in Pueblo, Colorado at or near Rio Grande
milepost 119.2 and Santa Fe milepost 618.6 ( "Application ") and for allocation of the costs
thereof; and
WHEREAS, the replacement of said bridge results in benefits to the City for the benefit
of the public; and
WHEREAS, the electors of the City, at a duly called election held on November 2, 1993,
approved an increase in the revenue and spending limits of the City for the purpose of replacing
the Main Street Bridge and approved the City entering into multiple fiscal year obligations for
the construction, maintenance and repair of the replacement bridge, and
WHEREAS, the parties hereto have reached agreement concerning the construction,
operation and maintenance of the replacement bridge, including the allocation of costs and
responsibilities;
NOW, THEREFORE, in consideration of the foregoing recitals and the terms and
conditions set forth hereinbelow, the parties agree as follows:
1. The bridge structure and facilities contemplated by the theoretical structure plans
and drawings filed in Docket No. 93A -421R as Exhibit 1A prepared by Lonco, Inc. constitute
a theoretical structure for reasonably adequate facilities for the Main Street replacement bridge.
The preliminary design of the actual bridge replacement structure filed in Docket No. 93A -4218
as Exhibit 2 is reasonably designed to meet the needs of the public and serves the public interest.
2. The City shall cause final design plans, drawings and specifications to be prepared
for the actual bridge replacement structure, approaches and appurtenances based substantially
upon the preliminary design drawings reflected in Exhibit 2 filed in Docket No. 93A -421 R. The
final design plans, drawings and specifications shall be subject to approval by the Santa Fe,
which approval shall not be unreasonably withheld; shall comply with Colorado Public Utility
Commission specifications; shall provide for a replacement bridge structure eligible for removal
from the Select List of the Federal Bridge Inventory; and shall conform to AASHTO and CDOT
Standards as follows: AASHTO "Standard Specifications for Highway Bridges ", AASHTO
HS -20 -44 Loading, AASHTO "Policy on Geometric Design of Highway and Streets" (1990),
CDOT "Standard Specifications for Road and Bridge Construction" (1991) and CDOT "Roadway
Design Manual" (1990). Final design plans, drawings and specifications shall be for a
replacement bridge which provides for each of' the Santa Fe's tracks the minimum vertical and
horizontal clearances as recommended and approved by the Santa Fe.
3. City shall cause the replacement bridge to be constructed in substantial
conformance with the final design plans, drawings and specifications prepared pursuant to
paragraph 2 of this Agreement and approved by the Santa Fe.
4. The Santa Fe hereby grants to the City the right to use the Santa Fe's land and
right -of -way, at or near Rio Grande milepost 119.2 and Santa Fe milepost 618.6, for the
construction, operation, repair and maintenance of the replacement bridge; provided first,
however, that such right of use shall exist only so long as the replacement bridge exists;
provided second, however, that the specific location of the bridge piers upon the Santa Fe's land
and right -of -way shall be subject to the Santa Fe's prior approval, which prior approval shall
not be unreasonably withheld; and provided third, however, that the minimum vertical and
horizontal clearances between the replacement bridge and the Santa Fe tracks shall be subject
to the Santa Fe's prior approval, which prior approval shall not be unreasonably withheld.
5. The City's right to use the Santa Fe's land and right -of -way, as set forth in
paragraph 4 above, is a non - exclusive right. The Santa Fe reserves the right and shall have the
right to use its land and right -of -way for railroad purposes and for all other purposes which do
not conflict with the City's use and maintenance of the replacement bridge and roadway thereon.
6. (a) No work shall be commenced or performed upon the Santa Fe's property
by the City's contractor, or any subcontractor, unless and until:
(i) The provisions set forth in Exhibit A, attached hereto and
incorporated herein by reference, are agreed to, verbatim and in writing, between
the City and its prime construction contractor, for the benefit of the Santa Fe; and
(ii) The City's prime contractor has obtained Contractor's Public
Liability Insurance and has furnished to the Santa Fe certificates evidencing same,
which name the Santa Fe as an additional insured and which provide the
coverages described in Federal Aid Policy Guide, including limits of no less than
one million dollars ($1,000,000) for all damages arising out of injury to or
destruction of property in any one occurrence and an aggregate limit of no less
than two million dollars ($2,000,000); and
(iii) The City's prime contractor has obtained Railroad Protective
Liability and Property Damage insurance and has furnished to the Santa Fe the
original policy evidencing same, which names only the Santa Fe as the insured
and which provides coverages of no less than a combined single limit for personal
injury, including death, and property damage of two million dollars ($2,000,000)
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per occurrence with an aggregate limit of no less than six million dollars
($6,000,000).
(b) The City agrees that the City shall cause its prime contractor to provide the
insurance described in paragraphs 6(a)(ii) and (iii) above, and that the City shall cause its
prime contractor to keep such insurance in full force and effect during the performance of
any work upon, over, or adjacent to the Santa Fe's property and thereafter until the contractor
removes all tools, equipment and materials from the Santa Fe's property and cleans the Santa
Fe's property to a condition satisfactory to the Santa Fe.
7. (a) The parties hereto stipulate and agree that Santa Fe's fair and reasonable
apportionment of the costs of the replacement bridge structure, approaches, and facilities in
U.S. $333,333.00, which amount shall be paid by Santa Fe to the City on or before January
15, 1995.
(b) In addition to the payment required by paragraph 7(a), Santa Fe shall provide
(or cause to be provided), without charge to City or City's prime construction contractor,
flagging and protective services for a period or periods not exceeding in the aggregate 120
work days during the construction of the bridge structure and facilities. For purposes of this
subparagraph, a work day shall be any 24 hour period during which one or more railroads
furnish a flagging /protective services crew and equipment. The City shall require its prime
contractor to reimburse Santa Fe for flagging /protective services furnished by Santa Fe after
the 120th work day and to otherwise reimburse the Santa Fe as set forth in Exhibit A
attached hereto.
8. Following completion of the replacement bridge structure and facilities and following
final inspection of same by the City and the Santa Fe, the City shall at all times thereafter and at the
City's own expense maintain the replacement bridge, the overpass, the roadway and roadway
drainage in their entirety. The Santa Fe will maintain its own tracks, appurtenances and drainage
related thereto.
9. This Agreement shall not become effective or binding upon the parties until such time
as the Public Utilities Commission has approved the City's application in Docket No. 93A -421 R.
10. All of the covenants and provisions hereof shall inure to the benefit of and be binding
upon the parties hereto, their successors and assigns.
11. This Agreement constitutes the entire and complete agreement of the parties
concerning the bridge replacement project, the replacement bridge structure and related facilities,
and this Agreement supersedes all prior oral and written agreements, understandings or
representations related thereto.
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12. This Agreement is executed in multiple identical counterparts, each of which shall
constitute an original.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed
by their duly authorized officers the day and year first above written.
ATTEST:
Cit , Clerk'
ATTEST:
CITY OF PUEBLO,
a Municipal Corporation
B
V S ent dthe City Council
THE ATCHISON, TOPEKA AND SANTA
FE RAILWAY COMPANY
Title: SE
tRETARY
Title:
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EXHIBIT A
1. Contractor understands that under agreement between the City of Pueblo ( "City ")
and The Atchison, Topeka and Santa Fe Railway Company ( "Santa Fe "), the City and the Santa
Fe have agreed to the following provision relating to flagging and protective services:
Santa Fe shall provide (or cause to be provided), without charge
to the City or the City's prime construction Contractor, flagging
and protective services for a period or periods not exceeding in the
aggregate 120 working days during the construction of the in
structure and facilities. For purposes of this subparagraph, a work
day shall be any 24 hour period during which one or more
railroads furnish a flagging /protective services crew and
equipment.
2. Except for the flagging and protective services to be provided without charge by
the Santa Fe as above stated, Contractor agrees to reimburse the Santa Fe for any and all costs
and expenses incurred by the Santa Fe in connection with the construction of the replacement
bridge structure and facilities, including but not limited to, all costs and expenses for furnishing
of' such inspectors, watchmen, and flagmen as the Santa Fe deems necessary to protect its
property, tracks, engines, trains and cars and the operation thereof, for the installation and
removal of any falsework underneath the tracks of the Santa Fe and for the restoration of the
Santa Fe's property.
3. No vehicle shall cross over any track owned by the Santa Fe without the prior,
written permission of the Santa Fe. No vehicular crossing over any track owned by the Santa
Fe shall be installed or used by Contractor, or any subcontractor, without the prior written
permission of the Santa Fe.
4. Contractor shall comply with the rules and regulations of the Santa Fe or the
instructions of its representatives in relation to the proper manner of protecting the tracks and
property of the Santa Fe and the traffic moving on such tracks, as well as the wires, signals and
other property of the Santa Fe, its tenants or licensees, at and in the vicinity of the work during
the period of construction.
5. Contractor shall perform his work in a manner and at such times as shall not
endanger or interfere with the safe operation of the tracks and property of the Santa Fe and the
traffic moving on such tracks, as well as the wires, signals and other property of the Santa Fe,
its tenants or licensees, at or in the vicinity of the work.
6. The Contractor shall not pile or store any materials or park any equipment, when
not in use, closer to the center of the nearest railroad track than permitted by the following
clearances:
8 feet -- 6 inches horizontally from the center line of the track or 9 feet -- 6
inches horizontally from the center of a curved track.
22 feet -- 6 inches vertically above the top of the rail
7. The placement above the top of rail of falsework, forms, bracing or other
construction supports, placements or driving of piles, shall not be closer to the center of the
nearest railroad track than permitted by the following temporary construction clearances:
10 feet -- 0 inches horizontally from the center line of the track
22 feet -- 0 inches vertically above the top of the rail
8. Walkways with railing shall be constructed by Contractor over open excavation
areas when in close proximity to the tracks, and railings shall not be closer than 8 feet -- 6
inches horizontally from the center line of the nearest track if tangent, or 9 tees -- 6 inches if
curved.
9. Any infringement on any of the above clearances due to the Contractor's
operations shall be submitted to the Santa Fe and shall not be undertaken until approved by the
Santa Fe, which approval shall not be unreasonably withheld.
10. In the case of impaired vertical clearances above the top rail, the Santa Fe shall
have the option of installing tell -tails or other protective devices the Santa Fe deems necessary
for the protection of trainmen or rail traffic. Contractor shall reimburse the Santa Fe for all
costs incurred in connection with any such installation of tell -tails or other protective devices.
11. In advance of any blasting, the Contractor shall notify Santa Fe in order to obtain
the Santa Fe's approval of same, which approval shall not be unreasonably withheld, and in
order that proper flagging protection may be provided.
12. Contractor shall give the Santa Fe at least five (5) working days notice in advance
of any work to be done on or adjacent to the Santa Fe's property. Contractor shall notify the
Santa Fe of the date said work is completed. Upon completion of the work to be done on the
Santa Fe's property, Contractor shall promptly remove from the Santa Fe's property all tools,
equipment, and materials placed thereon by the Contractor or any subcontractor. Contractor
shall restore the Santa Fe's property to the same state and condition as when Contractor entered
thereon and shall leave said property in a clean and presentable condition satisfactory to the
Santa Fe.
13. The Contractor shall notify the Santa Fe at least 72 hours in advance of
commencing any operations or work which require flagging services to be performed by the
Santa Fe, and Contractor shall provide 24 hours advance notice to the Santa Fe of the
discontinuance of such flagging services.
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14. Contractor shall keep the Santa Fe's property free and clear of all liens or
encumbrances of any nature whatsoever, and shall promptly remove any lien against the Santa
Fe's property arising from the performance of any construction work on the Sanut Fe's property.
if any such lien is not removed within 20 days of notice by the Santa Fe, the Santa Fe may act
to remove same, and all costs of removal, including but not limited to all attorneys' fees and
costs incurred by the Santa Fe, shall be reimbursed by Contractor to the Santa Fe.
15. Contractor agrees to and shall indemnify and hold harmless the Santa Fe, its
officers, agents, and employees from and against any and all claims, demands, losses and
damages, including without limitation all attorneys' fees, costs of suit, and other expenses related
thereto, for injury to or death of' a person or for loss or damage to any property, arising out of'
or in anyway related to any work done, or any operation undertaken, in connection with the
bridge replacement project. The indemnity provided for in this paragraph indemnifies the Santa
Fe, its officers, agents and employees, for their own negligence.
16. Should the Santa Fe bring suit against Contractor to compel performance of, or
to recover for breach of any covenant or condition set forth above, Contractor shall pay to the
Santa Fe all attorneys' fees, court costs and litigation expenses of any nature whatsoever
incurred by the Santa Fe in such suit, in addition to any damages or other recovery that the
Santa Fe may recover in said suit.
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