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HomeMy WebLinkAboutChicago Central Pacific Railroad-Constructrion Agreement-01.28.2008 CONSTRUCTION AGREEMENT WITH THE CITY OF WATERLOO AGREEMENT FOR THE INSTALLATION OF A City of Waterloo SIDEWALK/TRAIL CROSSING ALONG THE WEST Attn: Jeff Bales SIDE OF BURTON AVE IN WATERLOO,IA. 715 Mulberry Milepost 277.98 Waterloo, IA. 50703 (319-291-4305) This Agreement, by and between the City of Waterloo, IA, hereinafter designated as the "City", and the Chicago Central and Pacific Railroad, 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 wants the Company to install a crossing on the west side of Burton Ave. to accommodate a sidewalk/trail crossing on the west side of the street. 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 install a crossing to accommodate the addition of a sidewalk/trail crossing and to conform with the plans provided by Ament,Inc. of Waterloo for this work. 3. WORK TO RE PERFORMED RY THE CITY The City will do all grading and contruction of the sidewalk on both sides of the company's track to accommodate the sidewalk/trail crossing. 4. CONSTRT JCTION. Construction of the crossing over the track for the sidewalk/trail shall be in conformance with the Company's standards and with the project plans approved by the Company. All such work will be performed within the guidelines and requirements of the Company when the City's contractor is working on the Company's property. The City's contractor is to observe all safety precautions as prescribed by the Company's policies. -1- 5. MAINTENANCF. The City shall be responsible for the maintenance of the new sidewalk/trail within the Company's property. 6. RTGHT OF WAY. The Company agrees to permit the City or its agents to construct, and maintain the portions of the sidewalk/trail on its property in accordance with the approved project plans. 7. TNST TR ANCF. The City will require its contractor(s) 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 Insurance Requirements' and are attached to this agreement as EXHIBIT A. 8. APPORTIONMENT OF COSTS. The cost of the construction of the sidewalk/trail crossing by the Company will be the responsibility of the City. The cost to install this crossing as required is $4402.00. The cost of flagging or any other force work required of the Company other than what has been anticipated and included in this agreement will be billed to the City upon completion of the project. No flagging cost for the City's contractor has been included in the above noted cost. 9. INVOICE AND RTT,T.5. Invoice(s) for flagging and any force work that may be required by the Company will be submitted to the City or its contractor 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 City's contractor when working within 25' of the centerline of the Company's track. This cost has not been included in the estimated cost for the crossing extension. -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 , By t, Title Region Director of Contracts&Administration Date 0/4, ,20 CITY OF WATERLOO By Title /halo r Date - ,20 0 -3- ty1