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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: °f 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) 2 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. 3 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: 4 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. 2 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. 3