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Home My WebLink About01/09/2001, C6 - RELOCATION AND UNDERGROUNDING OF UNION PACIFIC RAILROAD'S SIGNAL WIRESc M.diryDde council l January 9, 2001 acjEnaa uEpont ''c6 C I T Y O F S A N L U I S O B I S P O FROM: Mike McCluskey, Director of Public Works /0u� Prepared By: Terry Sanville, Principal Transportation Planner SUBJECT: RELOCATION AND UNDERGROUNDING OF UNION PACIFIC RAILROAD'S SIGNAL WIRES CAO RECOMMENDATION: Authorize the CAO to execute an agreement with the Union Pacific Railroad Company to relocate and place underground signal wires extending from the Coast Surfliner layover facility to Orcutt Road. DISCUSSION In order to construct Phase II of the Railroad Bicycle Path (Bushnell Street to the Jennifer Street Bridge) signal poles and wires maintained by Union Pacific Railroad must be relocated off of City- owned property. The wires will be placed underground on adjoining railroad right -of -way. This work will extend from a point adjoining the Coast Surfliner layover facility along the east side of the railroad to the signal junction box just north of Orcutt Road (see attached map). Union Pacific Railroad has insisted that the City bare the full cost of this work since there is no benefit to them from relocating the signal wires at this time, and that the work be undertaken by UP crews. The attached agreement establishes the terms of this work. Staff continues to be concerned about the amount of time it has taken in the past for UP to execute agreements. However, the current contact person (Patrick Kerr) has been very responsive and has indicated he will stay on top of this project. While staff has explored the potential of using eminent domain or other "demand" strategies to get UP to relocate their wires, Staff believes that it is prudent to follow this particular course of action. The City will be working with UP in the near future on subsequent phases of the Railroad Bike Path, so UP's cooperation is essential to achieve long -term success. Also, the relocation and the underground placement of the signal wires will have other significant benefits such as improving the visual quality along the east side of the railroad, including the western fringe of Sinsheimer Park. FISCAL IMPACTS City staff has received a formal estimate from Union Pacific that shows that the work will cost $74,030 ($67,300 base estimate + 10% contingency). The City would be responsible for taking down the old poles and wires and disposing of them — something that City contractors and crews can accomplish. The cost of this supplemental work is unknown at this time. C6 -1 Council Agenda Report: Union Pacific Railroad Signal Wire Relocation & Undergrounding Paget The work called for by the attached agreement is part of the Phase H Railroad Bicycle Path capital project. It is not clear at this time whether the cost of the signal wire relocation will cause the project's construction to exceed the budget established for this project. Therefore, it is staffs intent to proceed immediately with the execution of this agreement and have Union Pacific complete the work as soon as possible. If supplemental funds are needed to fully fund Phase II of the bike path, SLOCOG staff have indicated, in a letter dated November 21, 2000, that the City can use its SHA (State Highway Account) allotment, that was earmarked for small bike and pedestrian projects, to pay for this added expense. We will know whether these funds will needed when construction bids are received— eg. Summer, 2001. ATTACHMENTS i . Draft Agreement with Union Pacific Railroad 2. Aerial Photograph shown extent of work 3. November 21, 2000 letter from SLOCOG I: \Everyonel CouncilAgendaRepoRS lUnionPacificSignal W ircRelocazion C6 -2 Attachment 1 AGREEMENT Page 1 of 2 THIS AGREEMENT is made and entered into in the City of San Luis Obispo on this dayof ,by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and Union Pacific Railroad Company, a Delaware corporation, hereinafter referred to as Railroad. WITNESSETH: WHEREAS, the City wishes to construct a Class I bicycle path on City -owned land adjoining the Union Pacific Railroad in San Luis Obispo, California; and WHEREAS, Railroad maintains signal poles and wires that traverse this adjoining City -owned land; and WHEREAS, in order to construct the bicycle path, the City wants to relocate the Railroad's signal wires onto Railroad's adjoining right -of -way and to remove the old poles and wires from its land. NOW THEREFORE, in consideration of their mutual promises, obligations, and covenants hercrnaltcr contained, the parties hereto agree as follows: 1. Relocation and Undergroundingof Signal Wires. Railroad will relocate the signal wires off of City- owned land and will place these wires underground for that segment of the system shown on Exhibit A, attached and incorporatedherein by reference. 2. Compensation for Work City will reimburse Railroad for the actual cost of installing the signal %irc underground, with the amount not to exceed $74,030 ($67,300 UP cost estimate+ 10% contingency). All costs above this amount shall be borne by Railroad. 3. Timely Initiation & Completion of Work. Railroad agrees to initiate the work described in Paragraph 1 within one hundred and fifty (150) days of the date of Railroad execution of this agreement, and to complete such work within forty -five (45) days thereafter. 4. Routing of Signal Wire Off City Property. City and Railroad will cooperatively establish a route for relocating the signal wires off of City property and onto Railroad right -of -way. No charge will be levied by either City or Railroad for complying with this provision. 5. Removal of Old Poles and Wires. Once Railroad has completed the relocation its signal wires off of City- owned property, City is responsible, at its sole cost, for removing the old poles and wires from its property and properly disposing of them. C6 -3 Attachment 1 Page 2 of 2 6. Complete Agreement. This written Agreement, including all writings specifically incorporated herein by reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding, or representation be binding upon the parties hereto. 7. Notice. All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail addressed as follows: City Union Pacific Railroad Company Michael McCluskey, Director of Public Works Public Works Department City of San Luis Obispo 955 Morro Street San Luis Obispo, CA 93401 Patrick A. Kerr, Manager, Industry & Public Projects Union Pacific Railroad, Western Region Headquarters 10031 Foothills Boulevard Roseville, CA 95747 8. AUTHORITY TO EXECUTE AGREEMENT. Both City and Railroad do covenant that each individual executing this agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such party. IN WITNESS WHEREOF, the patties hereto have caused this instrument to be executed the day and year first above written. APPROVED AS TO FORM CITY OF SAN LUIS OBISPO, A Municipal Corporation By: John Dunn, City AdministtativeOfficer UNION PACIFIC RAILROAD COMPANY, a Delaware Corporation By: EXHIBITA: Location Map of Signal Wire Relocation C6-4 r \ �. .i_,■■ � "•r• ��,. \t r r� .� l ��v t1 i ±� it :; 'v 'k" G �� y r t 1 � t '.r - ? -:. O' �t.'•'�`j 'eT �\ r _ l � b �;�, �r. � t, 6 X i' • lt\�V i } >'t O ", �`r /� 'I` l� �- .J�h'/ x Ss1 J ba� � � \• $ •� ! V ' _.{.rT 1 ��, >�'.►, c:,tiS I -s 1 t,/ l l�r t t? n ` , ! `. .. i. rF � � J" �,, < � �8 (` r � S r �. > ,(•< } ;; c� /�/"� ,fir T , �.� 5 •�• taj nJ �. l / t•- v4Y F �./f t r \ - ) d r: .. "1 1. �Jrrri� -t1 r` i�yo � � •. -�,a � J" ,r b. ^fir C .- \ y -.:. a ! ` Yi 3N k S c r r / San- Luis .Obispo Council of Goveni Page 1 of 1 mc. Regional Transportation Planning Agency d Metropolitan Planning Organization NZO Rat Census Data Affiliate iu ima Be P Be Service Authority for Freeways and Expressways Sai Lv1 Obi RoOaW �., til�fll - F�ecufly! tiiRQUI y y Sm tJllt Obispo Obi November 21, 2000 Terry Sanville City of San Luis Obispo 990 Palm Street . San Luis Obispo, CA 93401 Re: Railroad Bikepath Phase If eligibility for Urban State Highway Account (OSHA) funds Dear Mr. Sanville: .Per our recent discussions, we are aware the City of San Luis Obispo has encountered some difficulties implementing.Pha$ a II of the railroad bikepath to connect the Jennifer Street Bridge and the. existing railroad bikepath. This letter is. in response to your inquiry as to whether Urban State Highway Accounf.'(USHA)'funds allocated to the`Cjty are eligible for funding a portion of this biliepath, and/ oncosts. associated with the relocation of utilities and signals etc.. Yes; these costs are eligible.for reimbursement. :More specifically, the.use of USHA funds for the railroad bikepath would 6e.A reimbursable expense under the "Various Bike.and Pedestrian Projects° :approved 'fo the 'City. of1San Luis Obispo through the Transportation Equity Act for the 21'` Century. (TEA 21�. ;Per itie adopted cooperative:agreement (SLO- TEA21 -01, Exhibit A -5), the. City 'fias:av�iilable.$2400f)Q.,i n.USHA funds'to'm_ ake bicycle Arid pedestrian improvements at;variotis.lor tians thi+ough ' Iihd :City': 'This.t '. of expense. is .consistent with Article XIX of the State constitution wfitch governs the "use of. USHA funds. Therefore. the costs associated with relocating, facilities or. equipment for the bikepath would be .an eligible expense for reimbursement If you should :have any.questions'or•conoems please do not .hesitate to contact me at 781 -5712. :Sincerely; ; Peter Rodgers Associate Transportation Planner C6.6 1150 Osos Street, Ste. 202, San Luis Obispo, CA 93401 Tel. (805) 781 -4219 ♦ Fax. (805) 781 -5703