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Reimagine Bridge Street Preliminary Engineering Union Pacific RailroadMEETING DATE: TO: FROM: SUBJECT: January 14, 2020 Honorable Mayor & Council Members Jessica Thompson, Senior Engineer AGENDA ITEM Reimagine Bridge Street Preliminary Engineering Service Agreement with Union Pacific Railroad C1805 f . . , APPROVED BY Jeff Loux. Town Manaaer RECOMMENDATION: Authorize the Town Manager to execute the attached Reimbursement Agreement for Preliminary Engineering Services with the Union Pacific Railroad for up to $75,000 for review and design services for the Reimagine Bridge Street project. DISCUSSION: On May 28, 2019, the Town Council selected traffic signals as the preferred intersection improvements for the Reimagine Bridge Street Project (Project) and authorized proceeding with 30% design. The Project includes improvements on Bridge Street, including sidewalks, crosswalks, undergrounding utilities, four railroad gates, and traffic signals at Donner Pass Road and East/West River Streets. Eastern Sierra Engineering (ESE) is leading the consultant team and is nearing completion of the 30% plans. Union Pacific Railroad (UPRR) review of the proposed project is required. UPRR uses a third party team to review the plans, phasing, and preemption timing at railroad track crossings, and estimates their costs will be $75,000. UPRR requires the Town to enter into the attached agreement (Attachment A) that commits the Town to reimbursing UPRR for their costs. Staff recommends that the Council authorize the Town Manager to execute the attached Reimbursement Agreement for Preliminary Engineering Services with the Union Pacific Railroad Company. Staff also recommends Council authorize the Town Attorney to make minor edits as long as they are not substantive. FISCAL IMPACT: The agreement requires that the Town reimburse UPRR for the review and design services on a monthly basis based upon actual time spent for the Project, estimated at $75,000. The Fiscal Year 19/20 budget currently has $186,638 unexpended funds remaining and $400,000 of additional design funds are allocated for Fiscal Year 20/21. ESE is nearing completion of the 30% plans and has expended approximately $305,000 of the $550,013 in the 30% design contract, although the current ESE contract is not expected to expend all the authorized funds because the selection of the preferred intersection alternative was a more efficient process than expected. ESE will provide a scope of work in early 2020 for completion of the 100% construction package. Staff expects the existing FY 19/20 and 20/21 budgets are adequate to fund the $75,000 Page 1 of 2 agreement with UPRR, although if it is determined in the future that funds need to be reallocated from FY 20/21 to FY 19/20, staff recommends making this adjustment as a part of the FY 2020/21 budget process. Table 1: Reimaqine Bridqe Street C1805 Budget Funding Sources Fiscal Year 19/20 FY 20/21 FY 21/22 FY 22/23 Traffic Impact Fees $300,000 $400,000 $1,700,000 $1,700,000 Expenditures Planning & Design $300,000 $400,000 Construction $1,700,000 $1,700,000 PUBLIC COMMUNICATIONS: In addition to the standard Town Council Agenda posting, eleven public meetings, including PAC meetings and public presentations, occurred during the feasibility study and 30% design process, as well as numerous emails, newspaper ads, and distribution of a public survey. ATTACHMENTS: Attachment A: Reimbursement Agreement for Preliminary Engineering Services with UPRR Town Council Staff Report Page 2 of 2 UPRR REMS Folder 221942 REIMBURSEMENT AGREEMENT PRELIMINARY ENGINEERING SERVICES Effective Date: Agency: TOWN OF TRUCKEE, CALIFORNIA Estimate: $75,000.00 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. 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 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 B 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, 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 sole discretion, including without limitation, impacts to Railroad's safety, facilities or operations. If Railroad approves the Project, Railroad will continue to work with Agency to develop final plans and specifications and prepare material and force cost estimates for any Project related work performed by Railroad. 5. If the Project is approved by Railroad, 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&M Agreement, the construction and maintenance of the Project shall be at no cost to Railroad. No construction work on the Project affecting Railroad's property or operations shall commence until the C&M Agreement is finalized and executed by Agency and Railroad. 6. 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. 7. No amendment or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties. 8. This Agreement sets forth the entire agreement between the 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 or provisions set forth in any existing agreement related to the Project, 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. TOWN OF TRUCKEE, CALIFORNIA UNION PACIFIC RAILROAD COMPANY, a Delaware Corporation Signature Printed Name Title 2 Signature Peggy Ygbuhay Printed Name Manager I, Industry & Public Projects Title Exhibit A Project Description and Location Project Description City desires to install 4 quadrant gates, sidewalks, crosswalks, and interconnect the railroad signal system with the traffic signals at Donner Pass Road and East/West River Streets. Location Roseville Subdivision DOT Crossing Type Milepost Street Name 753183A Public 206.05 Bridge Street Exhibit B 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 Jessica Thompson Title Senior Engineer Address 10183 Truckee Airport Road, Truckee, CA, 96161 Work Phone (530) 582-2938 Cell Phone Email jthompson@townoftruckee.com