RES 1997-2658 - Agmt with Union Pacific Railroad Company for new crossing on widened Pershing Dr /?_es eZ5-6C2 5- /99re.eieige-4-
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QtatAHA,^re,
o`. eRECEIVED�, Public Works Department
O/16,'14' Omaha/Douglas Civic Center
��j� gym' 1819 Famam Street,Suite 601
-�11A 1 ='^ September 23, 1997 97 SEP 12 i,F1 IO 36 Omaha,Nebraska 68183-0601
o� r ' - ry� (402)444-5220
CITY CLERK Telefax(402)444-5248
-.Ea FEW
O iAHAAEBRI SKA DonW.Elliott,P.E.
City of Omaha Public Works Director
Hal Daub,Mayor
Honorable President
and Members of the City Council,
Transmitted herewith is a Resolution authorizing the Mayor to sign and the City Clerk to attest the
attached agreement between the City of Omaha and Union Pacific Railroad Company. The City of
Omaha, as part of S.P. 94-3,is reconstructing and widening John J. Pershing Drive from 9th to 16th
Streets which includes the widening of a railroad crossing over track owned by Union Pacific
Railroad Company. The City of Omaha and Union Pacific Railroad Company have set forth their
understanding and agreements with regard to jointly financing the construction of the railroad grade
crossing. Further,the Resolution authorizes the Finance Department to make payment pursuant to
the agreement from the 1993 Street Highway Bonds, Organization 1509, HR 3299#3, Fund 324.
The Public Works Department requests your consideration and recommends your approval of this
Resolution.
Respectfully submitted, Referred to the City Council for Consideration:
7/,/ 7 9l�
Don W. Elliott, P.E. Date Mayor's Office/Tit14---- ate
Public Works Director
Approved as to Funding:
9A6.%
Louis A. D'Ercole ate `
Finance Director
P:\LA W\4434.MAF
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AGREEMENT
SPECIAL PROJECT 94-3: PERSHING DRIVE
WIDEN& RECONSTRUCT CROSSINGS AND INSTALL SIGNALS
THIS AGREEMENT, made and entered into by and between the Union Pacific Railroad
Company,hereinafter referred to as the "Company"; and the City of Omaha,Nebraska, hereinafter
referred to as the "City."
WITNESSETH:
WHEREAS, the City has plans for the reconstruction of a portion of Pershing Drive,
including the widening of the grade crossing over Company trackage in Omaha, Nebraska; and,
WHEREAS, the above described work is identified as Special Project 94-3; and,
WHEREAS,because of the planned construction,the City proposes the construction of a new
crossing for Company trackage on the widened Pershing Drive at the location shown on Exhibit "B"
attached hereto and made a part hereof; and,
WHEREAS, in conjunction with the proposed crossing construction, the City and the
Company mutually desire the installation of cantile-ver—flashing light eignal3 along with tho
installation of(3)precast concrete crossings at the above location; and,
WHEREAS, it is the desire of the parties hereto that the above described work be financed
utilizing City and Company funds as hereinafter provided; and,
WHEREAS, if the Company enters into a contract or agreement with a contractor to perform
any of the work which the Company is required to perform under the terms of this agreement by
reason of the construction of this project, the Company for itself, its assigns and successors in
interests, agrees that it will not discriminate in its choice of contractors and will include all the
nondiscrimination provisions set forth in Exhibit"A" attached hereto and made a part hereof, in any
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such contract or agreement.
NOW, THEREFORE, in consideration of these facts and the mutual covenants contained
herein, the parties hereto agree as follows:
SECTION 1. The Company agrees to construct (2) 84 foot wide and (1) 108 foot wide
precast concrete roadway-railroad grade crossings with rubber flangeways. The City will pay a total
of$69,000.00 for the costs for installation of the crossings. For purposes of this agreement,the term
"crossing" shall mean the area across the roadway surface, from end of tie to end of tie.
SECTION 2. Upon completion and acceptance of the project,the Company at its own cost
and expense shall thereafter maintain said crossings in proper working condition.
SECTION 4. The Company agrees to prepare a detailed estimate of the cost of the work
to be performed by the Company. Said estimate shall be consistent with the provisions of Federal
Aid Policy Guide 23 CFR 140I and will be attached hereto,identified as Exhibit"C" and made a part
hereof.
SECTION 5. The City agrees, at its own expense, to perform all of the necessary grading
and paving on each side of the crossing up to the outer ends of the railroad ties.
SECTION 6. The Company agrees to upgrade the rails,ties and ballast through the crossing
area to provide a sound support structure and further, to install drain pipes and filter fabric if
necessitated by soil conditions and drainage requirements.
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SECTION 7. The Company will, at the expense of the City and subject to the approval of
the City, make all necessary revisions in its telegraph and signal wires, fences, or any other of its
facilities which may presently exist at the location of the crossing, including the raising of all lines,
as necessary to provide statutory clearance over the roadway.
SECTION 8. It is mutually agreed that:
(A) Each party will, in carrying out the work set forth in this agreement, provide its own
necessary engineering and inspection services. All recommendations or representations of the
Company's engineers or inspectors shall be made directly to the City's engineer responsible for the
project.
(B) The Company shall provide, at the expense of the City's contractor, a flagperson or
flagpersons or other protective services in accordance with the provisions of Federal Aid Policy
Guide, 23 CFR 140I and 646B at any time during the construction of that portion of the project over
the premises of the Company when, in the opinion of the Company, it is necessary as a matter of
protection and safety to track and train operations. As a part of this agreement, the Company shall
advise the City as to those conditions and requirements which, in their opinion, will require the
services of a flagperson or flagpersons or other protective services, and shall provide such other
information as required by Federal Aid Policy Guide, 23 CFR 140I and 646B, such as, but not
limited to, wage rates, working hours, and overtime rates.
(C) Flagging costs incurred by the Company as provided in Section 9 (B) hereof, shall be
paid directly to the Company by the City's contractor.
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SECTION 9. Special requirements substantially in accordance with the following
provisions will be included in the contract between the City and its contractor and are hereby
incorporated in this agreement.
All contracts between the City and its contractor,for either the construction herein provided
for or maintenance work on the roadway within any easement or rights area described herein or
shown on the exhibits attached hereto, shall require the contractor to protect and hold harmless the
Company and any other railroad company occupying or using the Company's right-of-way or line
of Company against all loss, liability and damage arising from activities of the contractor, its forces
or any of its subcontractors or agents.
INSURANCE
The contractor shall furnish to the Company a Railroad Protective Policy in the form
provided by Federal Aid Policy Guide,23 CFR 646A. The combined single limit of said policy shall
• not be less than Two Million Dollars($2,000,000.00) for all damages arising out of bodily injuries
to or death of any person or persons and for all damages arising out of loss or destruction of or injury
or damage to property in any one occurrence during the policy period, and subject to that limit, a
total(or aggregate)limit of not less than Six Million Dollars($6,000,000.00)for all damages arising
out of bodily injuries to or death of any person or persons and for all damages arising out of or loss
or destruction of or injury or damage to property during the policy period. Said insurance policy
executed by a corporation qualified to write the same in the City in which the work is to be
performed shall be in form and substance satisfactory to the Company and shall be delivered to and
approved by the Company prior to the entry upon or use of its property by the contractor.
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The City shall require its contractor or any of its subcontractors to carry regular Contractor's
Public Liability and Property Damage Insurance as specified in Federal Aid Policy Guide, 23 CFR
646A providing for a limit of not less than Five Hundred Thousand Dollars ($500,000.00) for all
damages arising out of bodily injuries to or the death of one person, and subject to that limit for each
person,a total limit of not less than One Million Dollars($1,000,000.00)for all damages arising out
of bodily injuries to or the death of two or more persons in any one accident and providing for a limit
of not less than Five Hundred Thousand Dollars ($500,000.00) for all damages to or destruction of
property in any one accident and subject to that limit a total(or aggregate) limit of not less than One
Million Dollars ($1,000,000.00) for all damages to or destruction of property during the policy
period. A certified copy of the policy providing said Contractor's Public Liability and Property
Damage Insurance executed by a corporation qualified to write the same in the City in which the
work is to be performed, in form and substance satisfactory to the Company, shall be delivered to
and approved by the Company prior to the entry upon or use of the Company's property by the
contractor.
The City shall require its contractor or any of its subcontractors to carry a Business
Automobile Insurance Policy or equivalent policy with minimum limits of One Million Dollars
($1,000,000.00) for bodily injury and property damage per occurrence on all vehicles which the
contractor or subcontractors,their agents or employees may use at any time in connection with the
performance of the work on this project. A certified copy of the policy providing said Business
Automobile Insurance executed by a corporation qualified to write the same in the state in which the
work is to be performed, in form and substance satisfactory to the Company, shall be delivered to
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and approved by the Company prior to the entry upon or use of the Company's property by the
Contractor.
The City shall require its contractor or any of its subcontractors to carry Worker's
Compensation Insurance as require by City Law and Sections 107.12 and 107.13 of the "City of
Nebraska, Department of Roads 1985 Standard Specifications for Highway Construction" or any
supplements or amendments thereto.
PROTECTION OF FIBER OPTICS
Fiber Optic cable systems may be buried on the Company's property. The City or its
contractor(s) shall telephone the Company at 1-800-336-9193 (a 24 hour number) to determine if
fiber optic cable is buried anywhere on the premises. If it is, the City or its contractor(s) will
telephone the telecommunications company(ies) involved, arrange for a cable locator, and make
arrangements for relocation or other protection of the fiber optic cable prior to beginning any work
on the premises.
In addition to the liability terms elsewhere in this document,the City shall,to the extent and
in the manner allowable under Nebraska Law, indemnify and hold the Company harmless against
and from all cost, liability and expense whatsoever(including the Company's fees and court costs
and expenses) actually incurred arising out of or in any way contributed to by any negligent act or
omission of the City and its employees, the City's contractor, subcontractor, their agents or
employees on the Company's property.
PROTECTION OF UTILITIES
Before the contractor begins any work within the area granted under the authority of this
agreement,he shall confer with the official representatives of the City and the Company with regard
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to any overhead or underground utilities or services which may be on or near the site of the work.
The contractor shall take such measures as the owner of such facilities and the City may direct in
protecting these utilities properly throughout the construction operations, except that with respect
to overhead or underground utilities not specifically mentioned or provided for herein as a part of
this agreement which may have to be moved,repaired, reconditioned or revised due to the roadway
construction, the party or parties owning or operating such utilities shall perform the actual work of
moving,repairing, reconditioning, or revising such utilities at no cost to the Company. Whenever
or wherever such operations are undertaken by the Company or parties other than those included in
this agreement,the contractor shall cooperate to the extent that ample protection of their work will
be provided so that the entire project contemplated in the contract may be expedited to the best
interest of all concerned as judged by the engineer for the City.
WRITTEN NOTICE TO THE COMPANY AND OTHERS
The contractor shall give written notice to the Company, and shall also notify all public or
private utilities which are near the site of the proposed work,concerning the proposed beginning date
of work by said contractor. The notification to the Company shall be given at least ten days in
advance of the time the contractor expects to begin any excavation or construction work whatsoever
adjacent to or over any tracks of the Company.
During the entire progress of work on or about the Company's tracks or premises, the
contractor shall maintain contact and liaison with the proper officers representing the Company in
order to determine the schedule of trains at the site of the work so as to clear railroad tracks and
facilities of men, equipment, and obstructions to permit free flow of railroad traffic.
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If the contractor desires access across the Company's right-of-way and tracks at other than
the crossing authorized under this agreement or at other than an existing and open public road
crossing in or incident to construction of the project,the Company will permit the contractor access
across their right-of-way and tracks, provided contractor first executes a license agreement
satisfactory to the Company and agrees to reimburse the Company for the cost of providing and
removing any temporary grade crossing, watchman expense, or other costs which the Company
deems necessary for protection of railroad property and operations. The contractor shall at no time
cross the Company's right-of-way and tracks with vehicles or equipment of any kind or character,
except at such crossing or crossings as may be established pursuant to this subsection.
PROTECTION OF RAILROAD PROPERTY AND PROPERTY OF OTHERS
The contractor shall use the utmost care in order to guard against accidents and shall not
cause interference with the operations of trains of the Company and others, or telephone, telegraph,
or signal lines of the Company, or.the property of any tenant of the Company's right-of-way. The
contractor shall use the utmost care in guarding against accidents to underground and overhead
public utilities and services at or near the site of the work.
All work to be done under this contract shall be performed by the contractor so as to prevent
interference with the use of the tracks,wires, signals, and property of the Company or its tenants or
the underground or overhead services of public or private utilities, and the contractor shall be
responsible for any damages which may be sustained by the Company, its tenants, employees,
passengers, or freight in cars, or by the owners of any public or private overhead or underground
services caused by such interferences which could have been avoided by the proper performance of
said work. The contractor shall discontinue immediately upon the request of the City's engineer any
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practices of actions which, in his opinion, are unsafe or cause damage to underground or overhead
services of public or private utilities, or which might result in delays to the trains, engines, or cars,
or damage to the tracks, roadbed, telephone, telegraph, or signal wires of the Company. The
Company shall notify the City's engineer of any such practices of the contractor which come to its
attention. The contractor shall take all precautions for the purpose of protecting the embankment
of the company's tracks as may be determined necessary by the Company's authorized representative.
The contractor shall also take all precautions for the protection of underground and overhead
services, either public or private, as may be determined necessary by the City's engineer.
SECTION 10. The City agrees to pay to the Company, subject to the provisions of this
agreement, upon the receipt of its itemized bill,the cost incurred by the Company in performing the
work covered by this agreement. The Company agrees to submit to the City its final bill, prepared
in accordance with Federal Aid Policy Guide, 23 CFR 140I, within a reasonable,time after the
completion of its work. It is further agreed that progress billings may be submitted by the Company
based upon the percentage of the Company's force account work which has been completed, and the
City will make progress payments based on such billings.
The Company shall maintain all books, documents, papers, accounting records and other
evidence pertaining to costs incurred and shall make such materials available at their office at all
reasonable times during the contract period and for three (3) years from the date of final payment
under this agreement, such records to be available for inspection by the City.
SECTION 11. The Company agrees to notify the City's Engineer in Omaha,Nebraska, in
advance of the time it expects to begin its work on the crossing so that the name and address of the
City's supervising engineer may be furnished to the Company. The Company further agrees to
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inform this supervising engineer when work is to be performed and to cooperate with said engineer
and furnish information for his records of the labor, equipment, and materials used in the work.
SECTION 12. The parties hereto agree to comply with the provisions of the Nebraska Fair
Employment Practices Act as provided by Neb. Rev. Stat. §48-1101 through 48-1126 (Reissue
1988).
SECTION 13. MINORITY BUSINESS ENTERPRISES (APPLIES IF FEDERAL FUNDS
ARE INVOLVED)
(A) Policy
The Company agrees to ensure that minority business enterprises as defined in 49 CFR Part
23 shall have the maximum opportunity to participate in the performance of contracts financed in
whole or in part with Federal funds under this agreement. Consequently, the minority business
requirements of 49 CFR Part 23 are hereby made a part of and incorporated by this reference into
this agreement.
(B) Minority Business Enterprises Obligation
The Company agrees to ensure that minority business enterprises as defined in 49 CFR Part
23 have the maximum opportunity to participate in the performance of contracts and subcontracts
financed in whole or in part with Federal funds provided under this agreement. In this regard,the
Company shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure
that minority business enterprises have the maximum opportunity to compete for an perform
contracts. The Company shall not discriminate on the basis of race, color, national origin, or sex in
the award and performance of FHWA assisted contracts.
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Failure of the Company or the City to carry out the requirements set forth above shall
constitute breach of contract and may result in termination of the agreement or contract.
IN WITNESS WHEREOF,the parties hereto have caused these presents to be executed by
their proper officials thereunto duly authorized as of the dates below indicated.
44.
EXECUTED by the Company this lq day of A15 wi - , 19 R7.
ATTEST: UNION PACIFIC RAILROAD COMPANY
41eff th
CHIEF ENGINEER
TITLE:
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EXECUTED by the City this 3 0 s day of , 19
ATTEST: - CI �' OMAHA
IT I
CITY L RK AYOR
APPROVED AS TO FORM:
ASSISTANT CITY ATTORNEY
P:\PW1\3921.MAF
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EXHIBIT "A"
EQUAL EMPLOYMENT OPPORTUNITY CLAUSE
During the performance of this contract, the Contractor agrees as follows:
(1) The Contractor shall not discriminate against any employee or applicant for employment
because of race, religion, color, sex, national origin, or disability as defined by the
Americans With Disabilities Act of 1990 and Omaha Municipal Code 13-82. The
Contractor shall take affirmative action to ensure that applicants are employed and that
employees are treated during employment without regard to their race, religion, color, sex
or national origin. The Contractor shall take all actions necessary to comply with the
Americans With Disabilities Act of 1990 and Omaha Municipal Code (Chapter 13)
including, but not limited to, reasonable accommodation. As used herein, the word
"treated" shall mean and include, without limitation, the following: Recruited, whether
advertising or by other means; compensated; selected for training, including
apprenticeship; promoted; upgraded; demoted; downgraded; transferred; laid off; and
terminated. The Contractor agrees to and shall post in conspicuous places, available to
employees and applicants for employment, notices to be provided by the contracting
officers setting forth the provisions of this nondiscrimination clause.
(2) The Contractor shall, in all solicitations or advertisements for employees placed by or on
behalf of the Contractor, state that all qualified applicants will receive consideration for
employment without regard to race, religion, color, sex, national origin, or disability as
recognized under 42 USCS 12101 et seq.
(3) The Contractor shall send to each labor union or representative of workers with which he
has a collective bargaining agreement or other contract or understanding a notice advising
the labor union or worker's representative of the Contractor's commitments under the
Equal Employment Opportunity Clause of the City and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
(4) The Contractor shall furnish to the contract compliance officer all Federal forms
containing the information and reports required by the Federal government for Federal
contracts under Federal rules and regulations, and including the information required by
Sections 10-192 to 10-194, inclusive, and shall permit reasonable access to his records.
Records accessible to the Contract Compliance Officer shall be those which are related to
Paragraphs (1)through(7) of this subsection and only after reasonable notice is given the
Contractor. The purpose for this provision is to provide for investigation to ascertain
compliance with the program provided for herein.
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(5) The Contractor shall take such actions with respect to any subcontractor as the City may
direct as a means of enforcing the provisions of Paragraphs (1) through (7) herein,
including penalties and sanctions for noncompliance; however, in the event the
Contractor becomes involved in or is threatened with litigation as the result of such
directions by the City, the City will enter into such litigation as necessary to protect the
interests of the City and to effectuate the provisions of this division; and in the case of
contracts receiving Federal assistance, the Contractor or the City may request the United
States to enter into such litigation to protect the interests of the United States.
(6) The Contractor shall file and shall cause his subcontractors, if any, to file compliance
reports with the Contractor in the same form and to the same extent as required by the
Federal government for Federal contracts under Federal rules and regulations. Such
compliance reports shall be filed with the Contract Compliance Officer. Compliance
reports filed at such times as directed shall contain information as to the employment
practices, policies, programs and statistics of the Contractor and his subcontractors.
(7) The Contractor shall include the provisions of Paragraphs (1) through (7) of this Section,
"Equal Employment Opportunity Clause", and Section 10-193 in every subcontract or
purchase order so that such provisions will be binding upon each subcontractor or vendor.
ESTIMATE OF MATERIAL AND FORCE ACCOUNT WORK
BY THE
UNION PACIFIC RAILROAD COMPANY
FOR THE
CITY OF OMAHA, NE.
)ESCRIPTION OF WORK: INSTALL 1 EACH 84FT. AND 1 EACH 108FT. OMNI RUBBER/
:ONCRETE CROSSINGS AT J.J.PERSHING DRIVE AND 1 EACH 84FT. OMNI RUBBER/
:ONCRETE CROSSING AT 9TH STREET, REPLACING EXISTING PREFAB TIMBER CROSS-
INGS AT M.P. 4 . 42 ON THE NORTH OMAHA LEAD ON THE COUNCIL BLUFFS SUBDIVISION
4OCATION: OMAHA SERV.UNIT 02 STATE: NEBRASKA DATE: 10/22/96
rOB DESCRIPTION LABOR MATERIAL TOTAL
IO.
HIGHWAY CROSSINGS SICNALS
ENGINEERING (SIGNAL) 0 0 /MI
INSTALL SIGNALS (34004) 0
REMOVE XING SIGNALS (34007) 0 0
MISCELLANEOUS SIGNAL 223 679
LABOR ADDITIVES 124 0
M.S .E. 0 5
SALES TAX 0 27
EQUIPMENT RENTAL 0 0
PERSONAL FENSES 0 0
5356 711 G067
ROAD CROSSING
ENGINEERING 1800
TIES 9 FT. (10005) 0 EA 0 0
TIES 10 FT. (10005) 171 EA 11737 7094
RAIL 872 LF 2292 0
OTM(SPKS,TPLTS, FAB. , 872 LF 2354 6937
RANCR & COMPJT)
FIELD WELDS 10 EA 1750 645
TRACK PANEL 0 EA 0 0
BALLAST (19003) 285 TN 4574 1311
WORK TRAIN SERVICE 1 DY 2730 0
PREFAB XING (20005) 0 TF 0 0
CONCRETE XING(20005) 276 TF 8871 46486
SIGNS 2 EA 326 223
LABOR ADD. 37033
MSE 493
SALES TAX 2511
CONTRACT EQUIPMENT 0 3300
SAW CUT STREET APPROACH 0 0
TRAFFIC CONTROL 0 (BY CITY)
ASPHALT (CONTRACT) 0 0
73467 69000 142467
1
EXHIBIT "C" (11)
REMOVAL
REMOVE CROSSING 3704 0
REMOVE RAIL 808
REMOVE TIES 5523
REMOVE OTM 605
REMOVE SIGN 0
LABOR ADD. 8205
18845 0 18845
TOTAL PROJECT 97668 69711 167379
SALVAGE NONUSABLE MATERIAL - NONE
ESTIMATED COST OF CROSSING SURFACE TO CITY OF OMAHA $69,000
ESTIMATED COST OF CROSSING SIGNAL TO CITY OF OMAIIA $54,091
TOTAL ESTIMATED COST TO CITY OF OMAHA $123,091 41, 000
ESTIMATED COST OF CROSSING SURFACE TO UNION PACIFIC $98,379
TOTAL ESTIMATED PROJECT COST $221,470 I(0-1 13-1`I
EXHIBIT "C"
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C25A . CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebr September 2 3, 19 9 7
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS,the City of Omaha as part of S.P. 94-3 has plans for the reconstruction
and widening of John J. Pershing Drive between 9th and 16th Streets which includes tilt widening
of a railroad grade crossing over tracks owned by Union Pacific Railroad Company; and,
WHEREAS;the City of Omaha, due to the planned reconstruction and widening of
Pershing Drive,proposes the construction of a new crossing for the tracks of Union Pacific Railroad
Company; and,
WHEREAS,the City of Omaha and Union Pacific Railroad Company desire that the
proposed crossing be jointly financed with Union Pacific Railroad Company contributing an estimated
$98,379 of the total estimated cost of$167,379; and,
WHEREAS,the City of Omaha and Union Pacific Railroad Company have set forth
their respective understandings and agreements with regard to construction of a railroad grade
crossing in the attached Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OMAHA:
THAT, the Mayor is authorized to sign, and the City Clerk to attest, the attached
Agreement between the City of Omaha and Union Pacific Railroad Company to provide for the
construction and maintenance of a new crossing on the widened Pershing Drive as described in the
attached Agreement; and that, after execution, the Finance Department is authorized to make
payment pursuant to the Agreement from the 1993 Street Highway Bonds, Organization 1509,
HR 3299#3,Fund 324.
APPROVED AS TO FORM:
P:\LAW\4435.MAF
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ASSOCIATE CITY ATTORNEY DATE
By Coun ilmember
Adopted SEP 2 1991
ity Clerk
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