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HomeMy WebLinkAboutChicago Central and Pacific Railroad Company-4/12/2010City AGREEMENT WITH THE CITY OF WATERLOO, IOWA FOR THE SIGNAL WORK ASSOCIATED WITH THE FOURTH STREET RECONSTRUCTION PROJECT This Agreement, by and between the City of Waterloo, Iowa hereinafter designated as the "City", and the Chicago Central and Pacific Railroad Company, hereinafter designated as the "Company", provides for the performance of certain work described below by the Company on the above named project. WITNESSETH WHEREAS, the City has requested the Company to relocate the signal base at the East Fourth Street Crossing for an upcoming street and utility project. NOW THEREFORE, in consideration of the premises and of their mutual and dependent agreements hereinafter set forth, the parties hereto hereby agree as follows: 1. STANDARD PROVISIONS The work to be performed as described below shall be done in accordance with the provisions contained herein. 2. WORK TO RE PERFORMED THE COMPANY The Company will provide all labor, material and equipment to relocate the North West signal base at the East Fourth Street crossing (DOT # 307947N) on Company's Waterloo Subdivision at Milepost 277.72 in the City of Waterloo, Iowa as requested by the City. 3. WORK T() BE PERFORMED BY THF, CITY The City will perform all the road and utility work. It will be necessary for the City or its contractor to have a railroad flagman on site when the work is done within 25' of the centerline of any track. 4. CONSTRT TCTTON All construction and utility work by the City will be in conformance with the project plans approved by the Company and in accordance with the Company's specifications. All such work will be performed within the guidelines and requirements of the Company when the City or its contractor is working on the Company's property. The City or its contractor is to observe all safety precautions as prescribed by the Company's policies. -1- 5. MAINTENANCE, Maintenance responsibilities will remain as per state statutes. 6. TMST TR ANCF The City or its contractor will be required to submit the proper insurance policy to the Company for approval prior to starting construction on Company's property. The Company's insurance requirements are entitled `Chicago Central and Pacific Railroad Company Insurance Requirements' and are attached to this agreement as EXHIBIT B. 7. APPORTIONMENT OF COSTS The City will pay 100% of the actual cost of the relocation of the signal foundation. The estimated cost for this work is attached as Exhibit A to this agreement and shows the amounts to be paid by the City to the Company prior to relocation. The cost of flagging or any other force work required of the Company will be billed to the City or it's contractor upon completion of the project. Flagging arrangements can be made by contacting Tom Tucker at least 5 business days prior at 248-740-6227 or Tom.Tucker@cn.ca. 8. TNVOTCE AND RTTJ,S Invoice(s) for flagging and the force work required by the Company will be submitted to the City at the end of the project and payment will be due within 30 days of receipt of said invoice. It is anticipated that the Company will be providing a flagman for the construction over the tracks. -2- IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the year and the day below written by their proper officers and representatives. CHICAGO CENTRAL AND PACIFIC RAILROAD COMPANY By Title Date :�',,. �;,�_ j-- , 20:/. CITY OF ATERLOO, IOWA By Title Date 1616-tr iLidpeiL .za -3- E.sibst A " CHICAGO CENTRAL & PACIFIC RAILROAD COMPANY A WHOLLY OWNED SUBSIDIARY OF CANADIAN NATIONAL RAILWAY COMPANY SIGNAL PROJECT ESTIMATE Roadway Name: East Fourth Street Date: January 18, 2010 Nearest Station: Waterloo, IA Railroad Region: Southem Est 1102-001 Railroad Subdivision: Waterloo Milepost W 277.72 Prepared by: WCR DOT Crossing No.: 307 947N Track Segment: TS64 Description of Work: Signal work to remove/reinstall one flashing Tight signal assembly to accommodate City of Waterloo public works project. ADDITIONS AND BETTERMENT MATERIAL: Item Quantity Units Unit Cost Cost Foundation, Precast Concrete Base, Junction Box, 4" Mast Cable, 7c16 Misc Signal Material SUBTOTAL MATERIAL 1 EACH $ 460.00 $ 460.00 1 EACH $ 250.00 $ 250.00 100 FEET $ 3.70 $ 370.00 1 L.S. $ 100.00 $ 100.00 $ 1,180.00 LABOR: COMMUNICATIONS LABOR Item Gang -Days Cost/Hour Cost 5 -Man Signal Gang 2 $ 1,350.00 $ 2,700.00 SUBTOTAL SIGNAL LABOR $ 2,700.00 OTHER: Item Quantity Units Unit Cost Cost Per Diem/Business Expense Contractor/Rented Equipment TOTAL OTHER 1 L.S. 1 L.S. $1,200.00 $ 1,200.00 $400.00 $ 400.00 $ 1,600.00 TOTAL DIRECT COSTS $ 5,480.00 Waterloo, IA Page 2 East Fourth Street Est 1102-001 SUMMARY A&B Material $ 1,180.00 Material Additive ( 10.53%) $ 124.00 Signal Labor $ 2,700.00 Signal Labor Additive (229.10%) $ 6,186.00 Other $ 1,600.00 TOTAL DIRECT COSTS $ 5,480.00 TOTAL ADDITIVES $ 6,310.00 TOTAL A&B $ 11,790.00 ♦� 11 athiVrt CHICAGO CENTRAL & PACIFIC RAILROAD COMPANY INSURANCE REQUIREMENTS 1. Insurance required of CONTRACTOR: A. Statutory Workers Compensation and Employer's Liability Insurance. B. Automobile Liability Insurance in an amount not less than $1,000,000 combined single limit. C. Commercial General Liability Insurance in an amount not less than $5,000,000 per occurrence, with an aggregate limit of not less than $10,000,000. The policy must name the Railroad and its parents as additional insureds in the following form: Chicago Central & Pacific Railroad Company and its Parents Attn: Jackie Macewicz 1625 Depot Street Stevens Point, WI 54481 715.345.2503 (office) 715.345.2534 (fax) Jackie. Macewicz@cn. ca The policy must not contain any provisions excluding coverage for injury, loss or damage arising out of or resulting from (a) doing business or undertaking construction or demolition on, near, or adjacent to railroad track or facilities, or (b) surface or subsurface pollution, contamination or seepage, or from handling, treatment, disposal or dumping of waste materials or substances. D. If the project for which CONTRACTOR is required to purchase insurance is limited to work on, near or adjacent to railroad track or facilities, as an alternative to the insurance required under paragraph C above, CONTRACTOR may procure Railroad Protective Liability Insurance. This coverage shall be written on an Occurrence Form with limits of not less than $5,000,000 per occurrence for Bodily Injury, Personal Injury and Physical Damage to Property, with an aggregate limit of not less than $10,000,000. The policy must name: Chicago Central & Pacific Railroad Company and its Parents Attn: Jackie Macewicz 1625 Depot Street Stevens Point, WI 54481 715.345.2503 (office) 715.345.2534 (fax) Jackie.Macewicz@cn.ca E. Include description of operations, railroad milepost, highway or street name, city and state of location, project number, and Railroad contact person on the certificate. 2. Before commencing work, CONTRACTOR shall deliver to the Railroad a certificate of insurance evidencing the foregoing coverages and true and complete copies of the policies described above. If the policy is being issued in conjunction with, or as a result of, a city, county or state contract, the policy should be initially submitted to the respective city, county or state agency that will review it first and then forward it to the railroad. 3. Common Policy Provisions. Each policy described in paragraph 1, parts A through D, above must include the following provisions: A. Each policy shall include a waiver by the insurer of any right of subrogation against any recovery by or on behalf of any insured. B. Each policy shall provide for not less than thirty days prior written notice to the Railroad of cancellation of or any material change in that policy. 4. It is understood and agreed that the foregoing insurance coverage requirements, and CONTRACTOR's compliance with those requirements, is not intended to, and shall not, relieve CONTRACTOR from, or serve to limit, CONTRACTOR's liability and indemnity obligations under the provisions herein. It is further understood and agreed that, so long as this Agreement shall remain in force, the Railroad shall have the right, from time to time, to revise the amount or form of insurance coverage required under this Agreement as circumstances or changing economic conditions may require. The Railroad shall give CONTRACTOR written notice of any such requested change at least thirty days before the date of expiration of the then -existing policy or policies, which notice constitutes an amendment to this Agreement and shall become a part hereof; CONTRACTOR agrees to, and shall, thereupon provide the Railroad with such revised policy or policies. 5. Insurance required of SUBCONTRACTOR: A. If a SUBCONTRACTOR is to be employed by CONTRACTOR for the installation of the work, before commencing work, the SUBCONTRACTOR shall provide and thereafter maintain all of the insurance described in paragraph 1, parts A through D, above, in the same forms and amounts as provided for above and subject to the other terms and conditions provided for in paragraphs 2 through 4 above. B. In the alternative, at the Railroad's option, if a SUBCONTRACTOR is to be employed by CONTRACTOR for the installation of the WORK, before the SUBCONTRACTOR commences work, CONTRACTOR may provide and thereafter maintain all of the insurance described in paragraph 1, parts A through D, above, in the same forms and amounts as provided for above and subject to the other terms and conditions provided for in paragraphs 2 through 4 above, provided that all such insurance names SUBCONTRACTOR as an additional insured and all such insurance provides coverage to all additional insureds, including the Railroad, for any liability arising out of WORK performed by all other additional insureds, including SUBCONTRACTOR.