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Home My WebLink AboutURA RES 2021-01 RESOLUTION NO. I �. APPROVE RESOLUTION AUTHORIZING THE REIMURSEMENT AGREEMENT FOR PRELIMINARY ENGINEERING SERVICES WITH UNION PACIFIC RAILROAD TO BEGIN DESIGN ON THE RAILROAD CROSSING WIDENING ON USTICK ROAD. THEREFORE BE IT HEREBY RESOLVED by the Caldwell Urban Renewal Agency, Idaho,that the Commission authorizes the agreement as hereto attached. PASSED AND APPROVED BY THE CALDWELL URBAN RENEWAL AGENCY, Idaho this 11t" day of January, 2021. Approved, »sN qr jai i P . re• 1y at By y '00�ik • 9l Al. Rob HopperOti. ♦w� r�rrr•.pftdC� ��«� � URA Chairman rrHrrlrNrw , ATTEST: MEMORANDUM *- I TO: Caldwell Urban Renewal Agency l lth 2021 (URA f, ) , .AH 1 ELL Meeting Date January , AGENDA ITEM INFORMATION Union Pacific Reimbursement Agreement for Department Submittals x to Initials mark Preliminary Engineering Services for the Ustick Building Department Road Crossing Widening and Enhancement CDBG (Previously approved by City Council on 12-21- Clerk 2020 City Attorney Finance Department Human Resources Planning&Zoning Fire Department Police Department Public Works Street Department Water Department WWTP Engineering X rc Mapping COST IMPACT. $25,000.00 Parks and Recreation FUNDING URA Increment Airport SOURCE. Information Systems TIMELINE: Immediate Golf Course OTHER: SUMMARYSTATEMENT: City Staff has been directed to design and manage the Ustick Road project that would widen and improve Ustick Road from Lake Avenue to the Interstate. This will include a new 5 lane Ustick road section from the roundabout at lake to the newly proposed interstate overpass. Additional right hand turn lanes will be added to the intersection of Ustick and the Boulevard to help accommodate the ever increasing traffic flows. As a result of this project, significant improvements will need to be made at the railroad crossing on Ustick. This Agreement attached provides the railroad what they need to get stated on the preliminary design. RECOMMENDED ACTION.• Staff recommends the URA to ratify this City Council approved agreement with Union Pacific Railroad, authorizing the railroad to conduct preliminary design of this crossing. RESOLUTION NO. �+ APPROVE RESOLUTION AUTHORIZING THE REIMURSEMENT AGREEMENT FOR PRELIMINARY ENGINEERING SERVICES WITH UNION PACIFIC RAILROAD TO BEGIN DESIGN ON THE RAILROAD CROSSING WIDENING ON USTICK ROAD. THEREFORE BE IT HEREBY RESOLVED by the Mayor and Council of the City of Caldwell, Idaho,that the Caldwell City Council authorizes the agreement as hereto attached. PASSED BY THE COUNCIL of the City of Caldwell, Idaho this 211h day of December,2020. APPROVED BY THEMAY-GR of the City of Caldwell,Idaho this 211h day of December,2020. c4"\. Approved, By ATTEST: Lly / N 15 r City Clerk �� a�, #•#T##pp#fir#y#° �J .� y�I�111111111/T1t�� MEMORANDUM TO. Caldwell City Council On,A IL ZD�W Meeting Date December 21, 2020 A GEI�TUA ITE1Vt INE(?R1V[AT)�4 Union Paci�C Reimbursement Agreement for Depart�nertt Submittals X to Initials mark Preliminary Engineering Services for the Ustick Building Department Road Crossing Widening and Enhancement CDBG Clerk City Attorney Finance Department Human Resources Platming&Zoning Fire Department Police Department Public Works Street Department Water Department WWTP Engineering X Mapping COST IMPACT.- $25,000.00 Parks and Recreation FUNDING URA Increment Airport SOURCE. Information systems TIMELINE: Immediate Golf Course OTHER: SUMMARY STATEMENT: City Staff has been directed to design and manage the Ustick Road project that would widen and improve Ustick Road from Lake Avenue to the Interstate. This will include a new 5 lane Ustick road section from the roundabout at lake to the newly proposed interstate overpass. Additional right hand turn lanes will be added to the intersection of Ustick and the Boulevard to help accommodate the ever increasing traffic flows. As a result of this project,significant improvements will need to be made at the railroad crossing on Ustick. This Agreement attached provides the railroad what they need to get stated on the preliminary design, RECOMMENDED ACTION: Staff recommends City Council to approve this agreement with Union Pacific Railroad, authorizing the railroad to conduct preliminary design of this crossing. UPRR REMS Project 776806 REIMBURSEMENT AGREEMENT PRELIMINARY ENGINEERING SERVICES Effective Date: Agency: CITY OF CALDWELL, IDAHO Estimate: $25,000.00 THIS REIMBURSEMENT AGREEMENT (Agreement) is made and entered into as of the Effective Date, by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation (Railroad), and AGENCY (Agency). RECITALS A. Agency desires to initiate the project more particularly described on Exhibit A attached hereto(the"Project"). B. The Project will affect Railroad's track and right of way at or near the Project area more particularly described on Exhibit A. C. Railroad agrees to collaborate with Agency on the conceptualization and development of the Project in accordance with the terms and conditions of this Agreement. AGREEMENT 1 NOW THEREFORE, the parties hereto agree as follows: 2. Railroad, and/or its representatives, at Agency's sole cost and expense, agrees to perform (or shall cause a third-party consultant to perform on Railroad's behalf) the preliminary engineering services work described on Exhibit 8 attached hereto (PE Work). Agency acknowledges and agrees that: (a) Railroad's review of any Project designs, plans and/or specifications, as part of the PE Work, is limited exclusively to potential impacts on existing and future Railroad facilities and operations; (b) Railroad makes no representations or warranties as to the validity, accuracy, legal compliance or completeness of the PE Work; and (c)Agency's reliance on the PE Work is at Agency's own risk. 3. Notwithstanding the Estimate (Estimate), Agency agrees to reimburse Railroad and/or Railroad's third-party consultant, as applicable, for one hundred percent(100%) of all actual costs and expenses incurred for the PE Work. During the performance of the PE Work, Railroad will provide (and/or will cause its third-party consultant to provide) progressive billing to Agency based on actual costs in connection with the PE Work. Within sixty(60) days after completion of the PE Work, Railroad will submit (and/or will cause its third-party consultant to submit)a final billing to Agency for any balance owed for the PE Work. Agency shall pay Railroad (and/or its third-party consultant, as applicable) within thirty (30) days after Agency's receipt of any progressive and final bills submitted for the PE Work. Bills will be submitted to the Agency using the contact information provided on Exhibit C.Agency's obligation hereunder to reimburse Railroad (and/or its third-party consultant, as applicable)for the PE Work shall apply regardless if Agency declines to proceed with the Project or Railroad elects not to approve the Project. � � � 4. Agency acknowledges and agrees that Railroad may withhold its approval for.the Project for any reason in its 8oks discretion, including without limitation, impacts to Railroad's safety,facilities#r operations. |f Railroad approves the Project, Rai|n)adwiUcordinuahmxvorhmith Agency to develop final plans and specifications and prepare material and force cost estimates for any Project na|mbydvvmrhperforrnedbxRei|road. � 5. If the Project is approved by RaUruad. Railroad shall prepare and forward to Agency a Construction and Maintenance Agreement (C&M Agreement)which shall provide the terms and conditions for the construction and ongoing maintenance of the Project. Unless otherwise expressly set forth in the C&NY Agreement, the construction and maintenance of the Project shall be at no cost to Railroad. No construction mmrh on the Project affecting Railroad's property or operations ahoU commence until the C&K8 Agreement is finalized and executed by Agency and Railroad. 8. Neither party ehmU assign this Agreement without the prior written consent of the other party, which consent shall not be unreasonably withheld, conditioned or delayed. � 7. No amendment or variation of the terms of this Agreement shall be valid unless made in writing and signed bv the parties. 8. This Agreementsets forth the entire agmeenmantbetmaeenthe parties regarding the Project and PE Work.To the extent that any terms or provisions of this Agreement regarding the PE Work are inconsistent with the terms orprovisions set forth in any existing agreement related to the Project, nuchtennagndpnoVioionaehaUbe deemed superseded bv this Agreement tothe *offff deIe ecctii oee fEEDDuSSaaStSteeh i i ba II TvvNN he rties hereto have duly executed this Agreement as of the Yt ER CITY A EL UNION PACIFIC RA|LROADCON8PANY a Delaware Corporation Si net r Signature UV kL hilosral Peggy Ygbuhay Pri d Name Printed Name Manager 1, Engineering- Public Projects Title 2 Exhibit A Project Description and Location Project Description City of Caldwell, ID proposes to upgrade the signals and widen the existing at-grade crossing referred to below. Location Huntington Subdivision Crossing DOT Type Milepost Street Name 819371 C Public 462.36 Ustick road 3 Exhibit S Scope of Project Services Scope of work includes, but is not limited to the following • Field diagnostic(s) and inspections • Plan, specification and construction review • Project design • Preparation of Project estimate for force account or other work performed by the Railroad • Meetings and travel Exhibit C Billing Contact Information Name Robb MacDonald Title City Engineer Address 411 Blaine Street, Caldwell, ID, 83605 Work Phone (208)455-4682 Cell Phone Email rmacdonald@cityofcaldwell.org Agency Project No.