HomeMy WebLinkAboutPW17-295 - Original - Union Pacific Railroad (UPRR) - Quiet Zone Union Pacific Railroad - 02/07/2018 Records Management
KENT Document
WASH�,N GTO N
CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission
to the City Clerk's Office. All portions are to be completed.
If you have questions, please contact the City Clerk's Office at 253-556-5725.
Vendor Name: Oy 00 PnoflL r<C01r0CA6 bet-Lq-)
Vendor Number:
JD Edwards Number
Contract Number:
This is assigned by City Clerk's Office
Project Name: Quiet Zone Union Pacific Railroad
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract
® Other: Agreement
Contract Effective Date: Date signed by both parties Termination Date:
Contract Renewal Notice (Days): N/A
Number of days required notice for termination or renewal or amendment
Contract Manager: Kelly Peterson Department: Transportation
Contract Amount: $280,000 (approx.)
Approval Authority: ❑ Director ® Mayor ❑ City Council 11/7/2017
Meeting Date
Detail: (i.e. address, location, parcel number, tax id, etc.):
Establishment of a Quiet Zone on the Union Pacific Railroad tracks requires channelization
- - ------ -------- --_ - -- -- - -- _._ _---- ---- - ------
work to be completed by the City on streets approaching the tracks. UP must make
improvements to its signal equipment including the installation of a new railroad signal
cabinet with constant warning detection and new cables to all signals.
The amount of this agreement is an estimate and the city will be responsible if any costs
exceed the estimate.
•
KENT Agenda Item: Consent Calendar - 7F
W G 5 H I N G T O N
TO: City Council
DATE: November 7, 2017
SUBJECT: Quiet Zone Union Pacific Railroad Agreement - Authorize
MOTION: Authorize the Mayor to sign the Authorization for Crossing
Improvements Agreement with the Union Pacific Railroad, subject to final
terms and conditions acceptable to the City Attorney and the Public Works
Director.
SUMMARY: Establishment of a Quiet Zone on the Union Pacific Railroad tracks
requires channelization work to be completed by the City on streets approaching the
tracks. Union Pacific must make improvements to its signal equipment including the
installation of a new railroad signal cabinet with constant warning detection and new
cables to all signals. Constant warning detection adjusts crossing signals to the speed
of the oncoming train to give the same amount of warning at crossings regardless of
whether or not the train is moving slowly or very rapidly.
Only the Union Pacific Railroad is able to complete the signalization work within the
railroad right-of-way. The Union Pacific Railroad agreements will require the local
jurisdictions to reimburse 100% of actual costs. The amount of the agreement is an
estimate and the City will be responsible if any costs exceed the estimate.
EXHIBITS: Authorization for Crossing Improvements - Union Pacific Railroad
RECOMMENDED BY: Public Works Committee
YEA: Fincher, Higgins, Ralph NAY:
Budget Impact: The authorized budget for the Quiet Zone currently is $450,000 of
which approximately $100,000 has been spent on the consultant and in-house
engineering work to date. An additional $300,000 is included in the 2018 budget.
The approximate $280,000 can be accomplished within this current budget balance.
UPR.R. Runs ALk� _t�-- I a A�4�
AUTHORIZATION FOR CROSSING IMPROVEMENTS
THIS AUTHORIZATION FOR CROSSING IMPROVEMENTS ("Agreement") is made
and entered into as of 9 *I` day of �:-tr�¢^ _ ("Effective Date"),
by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation ("Railroad"),
and CITY OF KENT a municipal corporation or political subdivision of the State of Washington
("Licensee").
i RECITALS
In accordance with the terms and conditions of this Agreement, Licensee and Railroad
desire to improve the existing, at-grade crossing area ("Project") along, over and across
Railroad's track and right of way, as such crossing area is more particularly described on
Exhibit A attached hereto and made a part hereof("Crossing Area").
I
AGREEMENT
NOW THEREFORE, the parties hereto agree as follows:
1. Railroad agrees to perform the Project work described on Exhibit B attached
hereto the ("Railroad Work"). Railroad's estimated cost for the Railroad Work is included on
Exhibit C attached hereto ("Estimate") and may include without limitation costs of engineering
review, construction, inspection, flagging, procurement and delivery of materials, equipment
rental, manpower and all direct and indirect overhead labor/construction costs, including
Railroad's standard additive rates. Such standard additive rates may be subject to upward or
downward adjustment based on industry standards and practices, and the parties acknowledge
and agree that any such adjustment to standard additive rates may be made retroactively.
2. Licensee has appropriated sufficient funds to complete the Project and shall
reimburse Railroad for costs incurred by Railroad in connection with the Railroad Work in
accordance with Exhibit D attached hereto.
3. If Licensee will be performing any Project work, such work is described on
Exhibit B attached hereto ("Licensee Work"). Licensee shall perform the Licensee Work, if any,
at its sole cost, and Railroad consents to Licensee (or any contractor or other agent hired by
Licensee) performing the Licensee Work within the Crossing Area, subject to complying with the
terms and conditions of this Agreement. Railroad's consent shall not be deemed to grant
Licensee (or any contractor or other agent hired by Licensee) any property interest in the
Crossing Area or other Railroad property.
4. If Licensee hires a contractor or other agent to perform the Licensee Work,
Licensee shall require such contractor or agent to execute Railroad's then current form of
Contractor's Right of Entry Agreement and to comply with the requirements set forth in therein.
5. No work of any kind shall be performed, and no person, equipment, machinery,
tools, materials, vehicles or other items shall be located, operated, placed or stored within
twenty-five (25) feet of any track at any time for any reason except as otherwise provided
herein. Prior to commencing the Licensee Work, and if the performance of any Licensee Work
requires any person or equipment to be within twenty-five (25) feet of any track, Licensee shall
provide Railroad at least thirty (30) working days advance notice of the performance of such
proposed work, and upon Railroad's receipt of such notice, Railroad will determine and inform
Licensee whether a flagman need to be present or whether Licensee needs to implement any
special protective or safety measures. Subject to Exhibit D, in the event that flagging or other
special protection or safety measures are required to be performed in connection with the
Railroad Work specifically or the Project generally, and regardless if the costs for such
measures are included in the Estimate, Licensee shall be responsible for all such costs incurred
in connection therewith.
6. Prior to commencing any Licensee Work, Licensee shall telephone (or shall
cause its contractor or agent to telephone) Railroad during normal business hours (7:00 a.m. to
9:00 p.m., Central time, Monday through Friday, except holidays) at 1-800-336-9193 to
determine if fiber optic cable is buried anywhere on Railroad's property to be used in connection
with the Licensee Work. If fiber optic cable is present, Licensee, at its sole cost, will coordinate
(or will cause its contractor or agent to coordinate) with the applicable telecommunications
companies for the relocation or other protection of the fiber optic cable prior to beginning any
Licensee Work.
7. Licensee, for itself and for its successors and assigns, hereby waives any right of
assessment against Railroad, as an adjacent property owner, for any and all improvements
I made under this Agreement.
8. Neither party shall assign this Agreement without the prior written consent of the
other party, which consent shall not be unreasonably withheld, conditioned or delayed.
9. This Agreement sets forth the entire agreement between the parties regarding
the Project and the installation and maintenance of the Project improvements within the
Crossing Area. To the extent that any terms or provisions of this Agreement regarding the
installation and maintenance of such Project improvements are inconsistent with the terms or
provisions set forth in any existing agreement affecting the Crossing Area, such terms and
provisions shall be deemed superseded by this Agreement to the extent of such inconsistency.
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of
the Effective Date.
CITY OF KENT UNION PACIFIC ILROAD COMPANY,
a Delaw,3 Cor ra
t
Signa Kevin Hicks, VP Engineering
u
(_l901�..�
iPrinted Name
_a8
Title CC,JJ
i
i
2
EXHIBIT A
Description of Crossing Location
Street West Meeker Street DOT# 396580M
Subdivision Seattle Sub Milepost 166.88
City City of Kent State WA
County King County
EXHIBIT B
E
Scope of Work
Railroad Work:
Remove old signal cabin. Replace with 6x6 cabin with constant warning. Bore new cable
to all signals.
For projects involving signal work, see diagram included in this Exhibit B.
Licensee Work:
No work to be performed by Licensee.
EXHIBIT C
Estimate Cover Page
(see attached)
Material And Force Account Estimate
City of Kent
Estimate Creation Date:07/10/2017 Number:112704 Version:1
Standard Rates: 190.39%
Estimate Good Until 04/10/18
Location: SEATTLE SUB,SIMN,146.66-172.85
Buy America:No
Description of Work: KENT,WA WEST MEEKER ST MP 166.88 SEATTLE SUBDIVISION DOT#396580M WO#37051
PID#100840 100% RECOLLECTABLE
COMMENTS Description QTY UOM Unit LABOR MATERIAL TOTAL UP 00% Agncy 100%
Cost
SIGNAL
ales and cants to remain in�-Location Rcmoval((;at,! t 2UUQ00, 2.06
0 O 2 0_00
gate and cants existing,new atc i l-Trk CWE w/Gales 1 El\ -- w.m.l
Ir tIK' I:Il.:ifl•I.W' 4L100 )0,3H•I hI1,,N4 0
'ing Track Card(Main and S I F4 1213 0.000 6.889 12.880 _-- U 1209
--_-- ... .._.____..-_ _ and t>x1.:1ew.f_ub6•... _____..
1.040.00 6 d.UUU' d.OW U -1.OW
1 I,S MOWN 01 10.000 10.000
0 10.000
.. _.....,._-�. ._..--� __._ '' WX-.$SISI1UY.l'._..._,._.,.:), _-_..... �•�u ...106.1168AO0'.
- _ .. .-_. — - - G- 21. 0_F _ 1
Sub-Total= 16_- 2383 it7280 0_ _
1,721
279 669 0 279 664
Totals= 162,389 117,280 279,669 0 279,669
Grand Total = $279,669
Please Note:The above figures are estimates only and are subject to fluctuation.In the event of an
increase or decrease in the cost or amount of material or labor required,City of Kent will pay actual
construction costs at the current rates effective thereof.
Monday,July 10,2017 Page 1 of 1
'---- - -- ------------ - ----------- --- ----- -----------------------------------------------•
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1 ALL LaTED I TWIST PE!FT, I
aL IRAC%Y1RES 2C.•B FATE'A'+26'
i TRANSMITTER AM RECEIVER LEADS GATE %::26' 1
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1 LENGTHSSHHOILDO M.NOT EXCEED NabffACTtfER9 CANT V• IB'
1 top 01,FOIfiGTION t0 BE At SAME ELIVAtlam ••'BELL 1
AS THE RAtF ACE OF THE TRAVELED VAT A NO CO.�IALCtiOV NOTEfu.In THAN
1'AIWi" THE SAT'a OF THE CMIAC. T.1ISLAND DISTANCE 142' MINI"120'REOUIRED
I ALL BW'ALOY WIRING TO BE•16 AWG FLEX I aNO CANTILEYEAS.�REIAE EXISTING CATE,FLASHERS
! Q WLEB9 OTHERWISE 9PECIFIEO EXCEPT ALL fH0.M0 PREFERRED
Fp NIM1X7M90'FIRW EDGE RE Ea ROAD 2.F Lp pEUSE VIJTING TAB S1O 2TC CONVERTER I
NS
MIRE TO BE•8 aMG FLEX OR LARGER. FF h%L IRAgCpW 1CIgPCIIiLT`. 8� p�1,
1 ALL WIRING IN GATE MECHANISM TO BE•10'AYO FLEX'. 10R TAB q0 lIEN914AIfM.IAtTO OfR."2 FDR TA lA-%.RCUIT• !
i RIVER TO tD STAgNp OVG FDA&DKALOW GAOLA0143. 1,�N�EY CARLES TO CATES AND CANTILEVERS. 1
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ALL LIGHTS TO BE 12'ROUNOELS 7.ANp IRII I,yq'O0.VµS E FIWM%Mp,I88.E MP.16700 1
....1'X 70,COWDLIT WISIt--O—+•EINI 1
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EXHIBIT D
Reimbursement Method
Licensee agrees to reimburse Railroad for one hundred percent (100%) of actual costs incurred
by Railroad in connection with the Railroad Work. During the performance of the Railroad Work,
Railroad will provide progressive billing to Licensee based on Railroad's actual costs. Within
one hundred twenty (120) days after completion of the Project, Railroad will submit a final billing
to Licensee for any balance owed Railroad in connection with the Railroad Work. Licensee shall
pay Railroad within thirty (30) days after Licensee's receipt of any progressive and final bills
submitted by Railroad.
i
REQUEST FOR MAYOR'S SIGNATURE '
• Print on Cherry-Colored Paper
K E N T
Routing Information: i
(ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT
Approved y Di r
Originator: Cheryl Viseth for Kelly Peterson Phone (Originator): 5504 O 5547
Date Sent: 11/17/2017 Date Required: 11/20/2017
Return Signed Document to: Cheryl Viseth Contract Termination Date:
VENDOR NAME: Date Finance Notified:
Union Pacific Railroad Company (only required on contracts
p y 20 000 and over or on any Grant
DATE OF COUNCIL APPROVAL: 11/06/2017 Date Risk Manager Notified:
(Required on Non-City standard Contracts/Agreements)
Has this Document been Spec'ificallv Account Number: 10-3®2�
Authorized in the Budget? • YES NO
V:3
Brief Explanation of Document:
Establishment of a Quiet Zone on the Union Pacific Railroad tracks requires
channelization work to be completed by the City on streets approaching the tracks. UP
must make improvements to its signal equipment including the installation of a new
railroad signal cabinet with constant warning detection and new cables to all signals.
The amount of this agreement is an estimate and the city will be responsible if any
costs exceed the estimate.
Cana c Be Routed Through The Law Departm
T"TEs
(This area to be completed by th L w Ike rtmerzt
Received:
Approval of Law Dept.:
Law Dept. Comments:
Date Forw r t Ba or-, ,
r 5 G 717
r a r
a . .,..,, .. . ......
Shaded Areas To Be Completed By Administration Staff
F
ved:
mmendations and (Comments:
i Disposition: �S
2-
Date Returned: "j D
\..M ormsl ocument rocessing\ eques'for Mayor's&gnature docz
NOV ) 7 2011"
C7Y OF LENT
CITY CLLRE;::..
S -
UNION PACIFIC RAILROAD
1400 Douglas Street Omaha,Nebraska 68179
February 8, 2018
Kelly Peterson
City of Kent
220 Fourth Ave South
Kent, WA 98032
City/State Subdivision Street DOT MP
Kent,WA Seattle West Meeker Street 396580M 166.88
Dear Kelly:
Enclosed is a fully executed agreement(s)for the above referenced location(s).
Sincerely,
Jessica Mikkelsen
Contractor-Public Projects
Enclosures
cc: Terrel Anderson
www.up.com BUILDING AMERICK