RES 1995-2849 - Agmts with UPR re replacement of 96th viaduct at D St Afriree,„....4
October 31 , 1995 - %
R E P E i,V , ei
M N
qs; Honorable President
v1 ti •. . �, ti
r and Members of the City Council, '95 OCT 20 P ?: 04
042'EDFE1503 CITY CLEW
Transmitted herewith is a Resolution approving the C Ai FA e e t and
City of Omaha Rights Agreement,recommended by the Mayor,between the d1,'ot"orhWInd the
Hal Daub,Mayor Union Pacific Railroad Company relative to the replacement of the 96th Street
Public Works Department viaduct at "D" Street.
Omaha/Douglas Civic Center
1819 Farnam Street,Suite 601 The existing 96th Street viaduct is scheduled to be removed from service next year
Omaha,Nebraska 68183-0601
(402)444-5220 and a new viaduct constructed. This project has been programmed for utilization of
Telefax(402)444-5248 Federal Aid and, by these Agreements,participation by the Union Pacific Railroad
Company is being authorized to fund this replacement project.
Don W.Elliott,P.E.
Public Works Director
The Construction Agreement details the responsibilities of the City and the Union
Pacific Railroad Company as well as the specific financial responsibilities of the
parties in the removal and construction of the replacement viaduct and the roadway
approaches to the structure, while the Rights Agreement provides the necessary
permanent and temporary land rights from the Railroad. Briefly,the Union Pacific
Railroad Company has agreed to pay 7.17% of the cost of the removal and
construction of the structure, as well as participating in the costs for design and
project management;the City of Omaha will be responsible for the local share of the
roadway work,the costs of acquiring necessary right-of-way and portions of design,
viaduct and project management costs.
The estimated cost of the viaduct work is $648,200 and of the roadway work
$209,190, however, the actual costs of these items will be determined following
receipt of bids for the project,in January of 1996,by the Department of Roads. The
City's share of the project costs will be paid from the 1993 Street and Highway Bond
Organization 1509, HR 3299 #2, Fund 319.
The Public Works Department requests your consideration and recommends your
approval of this Resolution and Agreements.
Sincerel This action has been reviewed and found to
be in conformance with the Master Plan.
>701„ir
Don W. Elliott, P.E. Jeffr . ohns , AICP
Director Planning Director
Approved as to Funding: Referred to City Council for Consideration:
cLA:elk (_°
Louis D'Ercole Ma or's Office/Title
Acting Finance rector
P:\PW\2719.SKZ
}
OL
L-
AGREEMENT
PROJECT BRM-5017(1), C.N. 21712
CITY OF OMAHA SPECIAL PROJECT 91-21
UNION PACIFIC RAILROAD COMPANY
CITY OF OMAHA
REPLACEMENT OF THE VIADUCT LOCATED ON 96TH STREET AT'D' STREET, OMAHA,
NEBRASKA
THIS AGREEMENT, dated 0 0d.J3) la', executed in triplicate by and between the
Union Pacific Railroad Company,hereinafter referred to as the"Railroad",Party of the First Part and
the City of Omaha, a Municipal Corporation of the State of Nebraska, hereinafter referred to as the
"City", Party of the Second Part.
WITNESSETH:
WHEREAS, Federal funds are available for the purpose of enhancing the safety and welfare
of the general public at railroad grade crossings; and,
WHEREAS, Federal funds are also available for the removal and construction of a new
viaduct; and,
WHEREAS,the roadway traffic crosses over the trackage,right-of-way and facilities of the
Railroad located on 96th Street, at "D" Street, Omaha, Douglas County,Nebraska, by means of an
existing viaduct; and,
WHEREAS, additional temporary and permanent Rights areas needed from the Railroad for
this project will be granted to the City under a separate recordable Rights Agreement; and,
WHEREAS, the parties hereto desire to remove the existing viaduct and construct a new
2-lane structure including new super-structure, sub-structure and approach roadway as shown on the
plan sheet attached hereto, identified as Exhibit "B"; and,
WHEREAS, the above construction will be accomplished under the project designation of
Project BRM-5017(1) and City Special Project 91-21 ; and,
WHEREAS, it is the desire of the parties hereto that the above-described necessary
construction work be financed utilizing 80%Federal funds and 20%funds as hereinafter provided,
with the project to be administered by the State of Nebraska(hereinafter "State"); and,
•
•
•
•
WHEREAS, if the Railroad enters into a contract or agreement with a contractor to perform
any of the work on its right-of-way, which it is required to perform under the terms of this
Agreement by reason of the construction of this project, the Railroad, for itself, its assigns and
successors in interest,agrees that it will not discriminate in its choice of contractors and will include
all the nondiscrimination provisions set forth in Exhibit "C" attached hereto, incorporated by
reference herein, and made a part hereof in any 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. As provided in this Agreement,the Railroad hereby grants unto the City the
right to remove the existing viaduct and construct a new viaduct generally as shown on the attached
Exhibit"B",Plan and Elevation, and to maintain,repair,renew and use said viaduct in the future at,
on and over that portion of its right-of-way as shown and described on attached Exhibit "A's"
without compensation other than the performance of this contract by the City. The City agrees to
fully protect the Railroad's interest in any agreement it makes with a Contractor to perform any or
all of the work and to include the provisions of this Contract that obligate the Contractor in any such
agreement, including, but not limited to: "Protection of Utilities, Written Notice to Railroads and
Others, and Protection of Railroad Property and Property of Others".
SECTION 2. The express covenants, Rights, and obligations contained herein and in the
separate Rights Agreement between the parties hereto shall be limited to such Agreements. In no
event shall they act, or be interpreted to act, as a waiver, either expressed or implied, of any
heretofore existing rights,demands,or defense which may be available to either party; PROVIDED,
however, the City shall not assess the Railroad for any future maintenance, repair, renewal or
improvements made to the viaduct or adjacent street,except for any damages or injury to the viaduct,
supporting structures, and/or easements,which are caused by the sole or contributory negligence of
the Railroad.
SECTION 3. By separate instrument attached hereto and incorporated by reference herein
as Exhibit "F", the Railroad shall grant to the City the temporary and permanent Rights described
therein and required by the City for construction and maintenance of the proposed viaduct and
appurtenant facilities.
- 2 -
SECTION 4. The City agrees to notify the Railroad before undertaking any work at or upon
said viaduct which may interfere with or be a real or potential hazard to the passage of trains or other
railroad operations and agrees to provide special provisions to insure payment for all expenses for •
watchmen, flagging or other protective services which the Railroad may deem necessary whenever
such work is being performed upon or above said viaducts by the City's contractor.
SECTION 5. The Railroad hereby agrees to notify the City prior to undertaking the use of
air space over the aforesaid permanent Rights, and prior to starting the construction of any fixed
installations other than its customary signal and communication facilities within eight (8) feet from
the underside of said viaduct or including any construction within the horizontal limits of such
permanent Rights area. It is understood that such use is not to decrease the safety to the roadway
facility and roadway traffic and is not to unreasonably interfere with the maintenance, repair and
enjoyment of the roadway facilities.
SECTION 6. Before any communication or power line wires or pipe lines other than those
of the Railroad and its tenants are constructed on, above or below the land with respect to the
permanent Rights area granted for roadway purposes to the City across or on the right of any of the
Railroad,the owners or persons in control of such wires or pipe lines shall obtain the written consent
of the City and of the Railroad and shall enter into an agreement with the Railroad utilizing the
contract which is then in common and workable use for the Railroad in its ordinary course of
business,while protecting herein the City's interest in the public use and enjoyment of said roadway
including the subject viaduct.
SECTION 7. The Railroad, insofar as it has the right and authority to do so, agrees to forbid
the construction, location or emplacement of any facility,building, structure or advertising device
by any third parties within the horizontal limits of the permanent Rights area without the prior
written consent of the City.
SECTION 8. Detailed plans and specifications for the construction of the viaduct and
removal of the existing structure shall be prepared or be caused to be prepared by the City. All plans
and specifications affecting the interests of the Railroad will be furnished to the Public Project
- 3 -
Engineer of the Railroad in Omaha, Nebraska, or its authorized representative. Such plans shall
provide for the minimum vertical and horizontal clearance as have been agreed to and approved, by
the Railroad. The City further agrees that,upon completion of the construction,the City will furnish
the Railroad with reproducible "as constructed" plans of such structure.
SECTION 9. None of the work contemplated under the provisions of this Agreement shall
be undertaken until the detailed plans and specifications for said work has been coordinated between
the Public Project Engineer of the Railroad in Omaha,Nebraska,and the City Engineer,or their duly
authorized representatives, and said plans and specifications are approved in writing by the parties
hereto.
SECTION 10. No changes in the approved plans for this project affecting the interests of
the parties hereto shall be made without consent in writing of all parties hereto.
SECTION 11. Detailed estimates of the cost of the work to be performed by the Railroad
shall be prepared by the Railroad. The Federal-Aid Policy Guide issued by the Federal Highway
Administration on December 9, 1991 and contained in 23 CFR 140 Subpart I and 23 CFR 646,
through this reference, is made a part of this Agreement and the estimate of costs and the final bill
for such work shall be consistent with the provisions outlined in the said manual pertaining to work
performed by and reimbursement to the Railroad.
All costs, excepting all administrative costs or expenses of administrative officials incurred
by the City with respect to the entire project shall be considered as a part of the cost of this project
and will be paid with 80% Federal, 12.8286% City and 7.1714% Railroad funds.
The Railroad agrees to pay to the State the Railroad's share of the cost of the project in the
following manner:
Upon the State's award of a construction contract,the State will bill the Railroad at this time
$25,000.00, which represents a partial payment of the Railroad's share of the project construction
costs.
The State will bill the Railroad no more often than monthly for the Railroad's shares of the
project's progressive costs during construction. When the Railroad's initial payment plus its share
of progressive costs equal the Railroad's estimated share of the project costs, such progressive
billings will cease. When all project costs are known, and if project costs overrun the estimated
project costs, the Railroad will be billed for its share of such overrun.
-4 -
When the work is completed and actual costs accumulated,the State will prepare and submit
to the Railroad a final statement showing the payment/refund due from/to the Railroad.
The City has prepared and attached hereto, an estimate, identified as Exhibit "E" and made
a part hereof, of the proposed work. Based upon this estimate, the Railroad's share of the project is
estimated at $123,995.
SECTION 12. The parties hereto shall construct or cause to be constructed, in substantial
accordance with the approved plans and specifications, the following items of work for the
construction of the viaduct.
A. WORK BY THE CITY.
1. The City shall remove,or by agreement with others,cause to be removed,the existing
viaduct,and shall construct,or by agreement with others cause to be constructed,the viaduct,viaduct
approaches, roadway surface, necessary drainage facilities in connection therewith, and other
roadway facilities, all at project expense,as shown on the plans attached hereto, identified as Exhibit
2. The City shall prepare, or cause to be prepared by others,plans and specifications for
all work to be accomplished under this Agreement. These plans shall be furnished to and approved.
by the parties hereto before construction of this project. No deviation from the approved plans will
be allowed without prior approval of all parties.
3. The City shall perform the work specified under sub-paragraphs 1 and 2 within a time
period of five (5) years from the date of this Agreement.
4. The Railroad is agreeable to an automatic year to year extension if work is not
completed within the five (5)years contemplated. Each extension period must be requested by the
City in writing.
5. Fiber optic cable systems may be buried on the Railroad's property. The City or its
contractor(s) shall telephone the Railroad at 1-800-336-9193 (a 24-hour number) to determine if
fiber optic cable is buried anywhere on the Railroad's 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 Railroad's premises.
- 5 -
. r�
6. 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 Railroad harmless
against and from all cost, liability and expense whatsoever(including the Railroad'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,agents or contractors for any damage to or destruction
of any telecommunications system by the City and its employees on the Railroad's property.
B. WORK BY THE RAILROAD
1. The Railroad shall perform, or cause to be performed, at project expense, necessary
temporary and permanent alterations of its telephone,telegraph, and signal lines and its signals. The
Railroad agrees to furnish to the City a drawing showing present and proposed locations of its
existing utilities.
2. The Railroad shall construct temporary grade crossings as provided under Section 17
of this Agreement.
3. The Railroad shall perform, at project expense, such temporary and permanent
alterations of its tracks, fences and other railroad facilities as required by the construction of the
viaduct, as indicated on the plans approved by the Railroad.
4. The Railroad shall provide, at project expense, its own engineering services for any
force account work undertaken by itself on or in connection with this project. The Railroad may
provide, at project expense, an inspector or inspectors for work performed by the City's contractor
when, in the opinion of the Railroad, such work might be considered hazardous to personnel,
passengers, or freight in its care, or property of the Railroad.
5. The Railroad agrees to prepare an estimate for any of the above work. This estimate
will be attached hereto, identified as Exhibit "D", attached hereto, incorporated by reference herein
and hereby made a part hereof.
SECTION 13. Each party will,in carrying out the work set forth as provided herein,provide
its own necessary engineering and inspection services. All recommendations and representations
of the Railroad through its engineers and inspectors shall be made directly to the City's engineers
assigned the responsibility of being in charge of the project, and all expenses incurred for such
engineering and inspecting will be included in the Railroad's statement of costs of work performed.
The State, subject to the provisions hereof,shall reimburse the Railroad for its actual and direct costs
- 6 -
of engineering inspection services furnished by the Railroad for or in connection with the work
outlined herein, where such actual costs are separately itemized and shown.
SECTION 14. The Railroad shall provide, at the expense of the City's contractor, a flagman
or flagmen or other protective services in accordance with the provisions of the Federal-Aid Policy
Guide at any time during the construction of that portion of the project on, over or near the premises
of the Railroad when, in the opinion of the Railroad, it is necessary as a matter of protection and
safety to track and train operations. As part of this Agreement,the Railroad shall advise the City as
to those conditions and requirements which,in its opinion,will require the services of a flagman or
flagmen or other protective services, and shall provide such other information as required by the
Federal-Aid Policy Guide, such as,but not limited to,wage rates,working hours,and overtime rates.
SECTION 15. All work provided to be done by the City on the right-of-way of the Railroad
shall be done in a manner satisfactory to the Public Project Engineer of the Railroad in Omaha,
Nebraska, or its authorized representative,and performed in such a manner and at such times as not
to interfere with movements of locomotives, cars, trains, or traffic thereover or interfere with
maintenance,repair or replacement of Railroad trackage or other railroad facilities. The City shall
include in the plans for the project, if required, details for sheeting or otherwise protecting
excavations for bents and/or abutments next to or adjacent to railroad tracks. Upon request of
authorized officials or persons of the Railroad,the City shall require its contractor or contractors to
discontinue, immediately, any practices or conditions which, in the opinion of said authorized
officials or persons of the Railroad, are unsafe or which might result in significant delays to the
operations of any of the trains, engines, or cars of the Railroad or damage to the track roadbed, or
telephone,telegraph, or signal wires of the Railroad or its tenants. Work will not again begin until
such unsafe condition has been corrected.
SECTION 16. The City shall require its contractor or contractors, upon the completion of
the work of such contractor or contractors,to remove from within the limits of the Railroad right-of-
way, all machinery, equipment, surplus materials, falsework, rubbish, ditches, or temporary
buildings of such contractor and to leave the right-of-way and the premises in a neat and orderly
condition satisfactory to the Public Project Engineer of the Railroad in Omaha, Nebraska, or its
authorized representatives.
- 7 -
SECTION 17. Special requirements substantially in accordance with the following
provisions,will be included in the contract between the City and its contractor for the construction
of the herein described viaduct and are hereby incorporated in this Agreement.
CONTRACTOR'S INDEMNIFICATION
All contracts between the City and its contractor, for either the construction herein provided
for or maintenance work on the viaduct within any rights area described herein or shown on the
exhibits attached hereto, shall require the contractor to protect and hold harmless the Railroad and
any other railroad company occupying or using the Railroad right-of-way or lines of railroad against
all loss, liability and damage arising from activities of the contractor, its forces or any of its
subcontractors or agents; and shall further provide that the contractor shall:
INSURANCE
A. Furnish to Railroad a separate Railroad Protective Policy naming the Railroad as the
insured and in the form provided by the Federal-Aid Policy Guide. 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 police 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 State of Nebraska shall
be in form and substance satisfactory to the Railroad and shall be delivered to and approved by the
Railroad prior to the entry upon or use of its property by the contractor.
B. The City shall require its contractor or any of his subcontractors to carry, and name
the Railroad as additional insured, regular Contractor's Public Liability and Property Damage
Insurance as specified in the Federal-Aid Policy Guide providing for a limit of not less than One
Million Dollars ($1,000,000.00) for all damages arising out of bodily injuries to or death of one
person, and subject to the limit for each person, a total limit of not less than Two Million Dollars
($2,000,000.00) for all damages arising out of bodily injuries to or death of two or more persons in
any one accident and providing for a limit of not less than One Million Dollars ($1,000,000.00) 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 Two Million Dollars ($2,000,000.00) for all damages to or
- 8 -
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 State of Nebraska in form and substance satisfactory to the Railroad, shall
be delivered to and approved by the Railroad prior to the entry upon or use of the Railroad property
by the contractor.
C. The City shall require its contractor or any of its subcontractors to carry a Business
Automobile Insurance Policy or equivalent policy with minimum limits One Million Dollars
($1,000,000) 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 of Nebraska,
in form and substance satisfactory to the Railroad,shall be delivered to and approved by the Railroad
prior to the entry upon or use of the Railroad's property by the Contractor.
D. The City shall require its contractor or any of its subcontractors to carry Worker's
Compensation Insurance as required by State Law and Sections 107.12 and 107.13 of the "State of
Nebraska, Department of Roads 1985 Standard Specifications for Highway Construction" or any
supplements or amendments thereto.
PROTECTION OF UTILITIES
Before the contractor begins any excavation for piers, abutments or pile drivings, he shall
confer with the official representatives of the City and the Railroad with regard 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 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 and which may have to be moved,
repaired,reconditioned or revised due to the construction work herein described,the parties owning
or operating such utilities shall perform the actual work of moving, repairing, reconditioning or
revising such utilities. Whenever or wherever such operations are undertaken by the Railroad or
parties other than those included in this Agreement, the Railroad agrees to furnish to the City a
drawing showing the present and proposed location of the existing/proposed facilities being adjusted
and/or relocated. The contractor shall cooperate to the extent that ample protection of his work will
- 9 -
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 RAILROADS AND OTHERS
A. The contractor shall give written notice to the Chief Engineers and Superintendents
of the Railroad and also shall notify all public or private utilities which are near the site of the
proposed work concerning the proposed beginning date of the work by the contractor. The
notification to the Railroad shall be given at least ten(10) days in advance of the time the contractor
expects to being any excavation adjacent to any of the tracks of the Railroad or expects to begin
construction of any scaffolding or falsework or begin any construction work whatsoever on the right-
of-way of the Railroad.
B. During the entire progress of work on or about the Railroad's tracks or premises,the
contractor shall maintain contact and liaison with the proper officials representing the Railroad in
order to determine the schedule of trains at the site of work or to clear railroad tracks and facilities
of men, equipment, and obstructions to permit free flow of railroad traffic.
C. If the contractor desires access across the Railroad'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 Railroad will permit the contractor access
across its right-of-way and tracks, provided the contractor first executes a license agreement
satisfactory to the Railroad and agrees to reimburse the Railroad for the cost of providing and
removing any temporary grade crossing,watchman expense,or other costs which the Railroad deems
necessary for protection of railroad property and operations. The contractor shall at no time cross
the Railroad'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
A. All pits or openings near the Railroad's tracks and right-of-way shall be covered at
all times except during the time required for actual operations in making such pits or performing
work in said pits.
B. The contractor shall not place or permit to be placed or remain, piles of materials or
other temporary obstructions closer than twelve (12) feet to the nearest rail of any track or closer
than twenty-four (24) feet above the top of any rail except that the construction forms and
scaffolding may be placed no closer than twelve (12) feet from the centerline of any such track.
- 10 -
C. Any changes necessary in the clearance set forth above shall be made only by special
arrangements in writing with the Chief Engineers and Superintendents of the Railroad or its
authorized representative.
D. The contractor shall use the utmost care in order to guard against accidents and shall
cause no interference with the operations of trains of the Railroad and others,or telephone,telegraph,
or signal lines of the Railroad or the property of any tenant on the Railroad'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.
E. All work to be done under this contract shall be performed by the contractor so as to
prevent any interference with the use of the tracks, wires, signals, and property of the Railroad or
its tenants, or the underground or overhead services of public or private utilities, and the contractor
shall be responsible for any damage which he may cause and which is sustained by the Railroad, its
tenants, employees, passengers, or freight or property owned by or in its care, or by the owners of
any public or private overhead or underground services caused by any interference which could have
been avoided by the proper performance and reasonable care in executing said work. The contractor
shall discontinue immediately upon the request of the City's engineer, any practices or actions which
in the opinion of the City's engineer, or his duly authorized representative, are unsafe or which have
or may cause damage to underground or overhead service or public or private utilities, or which
might result in delays to the trains, engines, or cars, or damages to the track, roadbed, telephone,
telegraph,or signal wires of the Railroad. The Railroad shall immediately 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 Railroad tracks as may be
determined necessary by the Railroad'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.
F. Flagging costs incurred by the Railroad as a result of the contractor's work shall be
paid for directly to the Railroad by the contractor. Before final payment is made to the contractor
or contractors, by the City, they shall provide evidence to the State that all charges incurred by the
Railroad and billed to the contractor or contractors for flagging or other protective services made
necessary by this project have been paid to the Railroad.
- 11 -
r
SECTION 18. It is understood that the project herein contemplated is to be financed from
funds appropriated by the Federal Government and expended under federal regulations, and that all
plans, estimates of costs, specifications, awards of contracts, acceptance of work and procedures in
general are subject at all times to all federal laws, rules,regulations, orders and approvals applying
to it as a federal project; and the State will reimburse the Railroad only in those amounts as provided
by this Agreement for only such eligible items of work and expense which have received approval
by proper federal authority.
SECTION 19. The State agrees to pay to the Railroad, subject to the provisions of this
Agreement, upon the receipt of its itemized bill, the eligible costs incurred by the Railroad in
performing the work covered by this Agreement, and to submit to the Federal Government the
Railroad's final itemized bill within a reasonable period after receipt of said final bills. The Railroad
agrees to submit to the State its fmal bill,prepared in accordance with the Federal-Aid Policy Guide,
within a reasonable period after the completion of this work. PROVIDED, however, that in lieu of
the rental rates for equipment as specified in the Federal-Aid Policy Guide, the rental rates for
equipment and roadway machines employed by the Railroad in connection with the subject project
shall be those specified in the Railroad Accounting Department Billing and Contracts Bulletin, and
its authorized amendments which are current as of the date of this Agreement, which is hereby,
through reference, made a part of this Agreement. It is further agreed that detailed progressive
billings may be submitted by the Railroad based upon actual force account work which has been
completed,and the State will make progressive payments based on such billings subject to final audit
by the State and Federal Highway Administration.
The Railroad and City shall each maintain all books, documents,paper,accounting records
and other evidence pertaining to costs incurred and shall make such materials available at their
respective offices 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 either the
Railroad or by the State and the Federal Highway Administration, or any authorized representative
of the Federal Government,and copies thereof shall be furnished by the Railroad or City if requested
by the other party.
SECTION 20. It is mutually agreed that the City may terminate this Agreement at any time
prior to the actual award of contract to the successful bidder. In the event this Agreement is
terminated by the City, it is mutually agreed that the City will pay to the Railroad all eligible costs
- 12 -
•
as previously indicated above which are incurred by the Railroad prior to the termination date of this
Agreement. These costs must comply with the regulations of the federal manual mentioned above;
however,they need not require federal approval to be considered eligible for reimbursement by the
City. Such notice of termination must be made in writing by the City.
SECTION 21. The Railroad, upon execution of this Agreement, does hereby grant to the
City "exclusive ownership" of the existing structure at no expense to the City. It is acknowledged
by the parties hereto that the present rights of the Railroad and City are governed by Resolutions
passed by the Board of County Commissioners of Douglas County,Nebraska, if any.
It is agreed that the City will, by City Council Resolution, adopt this Agreement for the
construction of said viaduct. It is further agreed that, if any previous Resolution(s) are found which
address rights, duties and/or obligations on the existing viaduct, the City agrees to take appropriate
action to repeal such Resolution(s),to terminate all such rights, duties and/or obligations as may be
set forth in such Resolution(s).
SECTION 22. The Parties hereto agree with respect to this project to comply with the
Nebraska Fair Employment Practices Act as provided by Neb. Rev. Stat. 48-1101 through 48-1126
(Reissue 1988).
SECTION 23. MINORITY BUSINESS ENTERPRISES
A. Policy
The Railroad 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 an incorporated by this reference into this
Agreement.
B. Minority Business Enterprise Obligation
The Railroad 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
Railroad 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 and perform
contracts. The Railroad shall not discriminate on the basis of race, color, national origin, or sex in
the award and performance of FHWA assisted contracts.
- 13 -
Failure of the Railroad to carry out the requirements set forth above shall constitute breach
of contract and, after the notification of the FHWA, may result in termination of the agreement or
contract by the City.
SECTION 24. Upon completion and acceptance by the City of the viaduct constructed as
provided for in this Agreement, the subject viaduct will become the property of the City, and shall
be maintained by the City or by agreement with others providing for the maintenance of said
structure, approaches and appurtenances at the City's sole expense.
In the event the structure is no longer used or is abandoned by the City, the City, at its sole
expense, shall demolish and remove the structure.
SECTION 25. After completion and acceptance by the City of the said viaduct authorized
by this Agreement,the City agrees that prior to performing any maintenance, repairs or removal of
said viaduct which may reasonably be expected to affect the Railroad's property or operations, the
City will notify the Railroad of such proposed work and coordinate such activities with the Railroad
as may be necessary to insure maximum safety and minimum inconvenience to both roadway users
and railway functions.
The City will require its contractor to furnish to the Railroad insurance in connection with
the maintenance work,repairs or removal of said viaduct. Said insurance shall be in accordance with
the provisions of Section 17 of this Agreement, except that the coverage limits shall be in the
authorized amounts currently in use at the time the work is performed.
The Railroad shall receive at least 48 hours advance notice of any maintenance work
performed at the structure that may impact the Railroad's property or its rail operations.
Should the City fail to maintain the viaduct structure, which may cause some risk to the
Railroad's safe rail operations, the Railroad shall so notify the City to have the repairs performed
immediately. In the event that the City fails to perform the repairs in a timely fashion, then the
Railroad shall have the right to perform the necessary repairs and the City shall pay the Railroad for
the actual cost of all such work.
If the Railroad would require an engineering inspection service in connection with the
maintenance work performed by the City's contractor, the City will reimburse the Railroad for its
actual and direct costs of engineering inspection services performed by the Railroad in connection
with the maintenance work, where such actual costs are separately itemized and shown.
- 14 -
SECTION 26. The Railroad agrees to notify the City's Engineer and the State's District
Engineer twenty (20) days in advance of the time it expects to begin its force account work so that
the name and address of the City's/State's supervising engineers may be furnished to the Railroad.
The Railroad further agrees to inform the supervising engineers when work is to be performed and
to cooperate with said engineers and furnish information for its records of the labor, equipment, and
materials used in the work.
Similarly, the City agrees to notify the Railroad twenty (20) days in advance of their
contractor starting work.
SECTION 27. General Compliance to Governmental Contracts.
1) APPLICABLE LAW
Parties to this contract shall conform with all existing and applicable city ordinances,
resolutions, state laws, federal laws, and all existing and applicable rules and
regulations. Nebraska law will govern the terms and the performance under this
contract.
2) INTEREST OF THE CITY
Pursuant to Section 8.05 of the Home Rule Charter,no elected official or any officer
or employee of the City shall have a financial interest, direct or indirect, in any City
contract. Any violation of this section with the knowledge of the person or
corporation contracting with the City shall render the contract voidable by the Mayor
or Council.
3) MERGER
This contract shall not be merged into any other oral or written contract,lease or deed
of any type except for the construction contract between the City and the Contractor.
This is the complete and full agreement of the parties.
4) MODIFICATION
This contract contains the entire agreement of the parties. No representations were
made or relied upon by either party other than those that are expressly set forth
herein. No agent, employee or other representative of either party is empowered to
alter any of the terms hereon unless done in writing and signed by an authorized
officer of the respective parties.
5) STRICT COMPLIANCE
All provisions of this contract and each and every document that shall be attached
shall be strictly complied with as written,and no substitution or change shall be made
except upon written direction from the authorized representatives of all the parties.
- 15 -
6) NON-ASSIGNMENT
Upon abandonment of the structure, the structure shall be demolished and removed
as set forth in Section 24 hereof,and the City shall not assign this Agreement to any
third party.
SECTION 28. This Agreement shall be binding upon the parties hereto, their successors or
assigns.
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.
EXECUTED by the Union Pacific Railroad Company this M'7.0day o ,
19,
ATTEST: UNION A , RAILROAD COMPANY
TITLE: ' CHIEF, ENGINEER
EXECUTED by the City this 3 day of . p
ATTEST: CITY OF OM
WI .'��1
I�,
t1#/)
CITY C RK- MAYOR
APPROVED AS O FO
I TY ATTORNEY
Approved by the State this i& day of )123,-?) , 19 jr
ATTEST: 4A..)
Deputy Director- Planning and Administration
P:\PW\1055.SAP
- 16 -
Sheet A 96_row.d9n •
'F'Sfred
4 N : O
8 P. k sa 5a
o
g � a
x 1 &• t m
NN N
,C 0 5 Ogg yy Q
0 43666E 4sS� O n
x rg m ,,,3•
N Q •
ra
$e -.R,am�
-^
c o 0 0 `��
ti
Pn
�6
6 6 6 3 s
. -w
\ a
3
g.
I
4
_ t
o
� T :
N I
//5'
Xi
'i 5 4 Ns\li i z,
:4:::...0...41,.....Y A.\ A:..S.4*:::+
...' \ .'%wil'•:••S(2u!.w wsw'w•O'•:%.• ✓ip
\yr }
y
.:0.0..i❖.•
/zs' ..•... i
c
'
'pp \ n
3 H �,, /za
N 1
toe
Q
= m my m.T
n 23 F ''i �m 1
gilYe m = 6 6 0 2 \ Ai
v. ._. n . ? m
- y f35' D
' u •p ur ~ a P. ..1
m ,_ t t D 5,76 A O e N
_ rlr Y. y O _ F , n
W.i=fie ?1
D> g > 8 33 u 33' o S
`
Q 13
e -z,
O s
n 77 oT
•
Exhibit "A"
PERMANENT RIGHTS
Parcel A:
That part of the Union Pacific Railroad right-of-way located in the Southeast 1/4 of the Southeast 1/4
of Section 33, Township 15 North, Range 12 East of the 6th.P.M., in Douglas County, Nebraska, more
particularly described as follows: Commencing at the Southeast corner of said Southeast 1/4,thence North along
the East line of said Southeast 1/4 for a distance of 490.4 feet to the extended South line of the Union Pacific
Railroad right-of-way;thence West along said extended South line for a distance of 33 feet to a point on the West
right-of-way line of 96th street, said point being the point of beginning;thence continuing West along the South
line of said railroad right-of-way for a distance of 17 feet;thence North on a line 50 feet West of and parallel to
the East line of the Southeast 1/4 of said Section 33 for a distance of 10 feet;thence West on a line 10 feet North
of and parallel to the South line of said railroad right-of-way for a distance of 115 feet;thence North and parallel
to the East line of said Southeast 1/4 for a distance of 80 feet;thence East and parallel to the South line of said
railroad right-of-way for a distance of 50 feet;thence South and parallel to the East line of said Southeast 1/4 for
a distance of 50 feet;thence East and parallel to the South line of said railroad right of way for a distance of 82
feet to a point on the West right-of-way line of 96th Street; thence South along said West line for a distance of
40 feet to the point of beginning. Contains 6,630 S.F.
Parcel B:
That part of the Union Pacific Railroad right-of-way located in the Southwest 1/4 of the Southwest 1/4
of Section 34, Township 15 North, Range 12 East of the 6th P.M. in Douglas County, Nebraska, more
particularly described as follows: Commencing at the Southwest corner of said Southwest 1/4; thence North
along the West line of said Southwest 1/4 for a distance of 769:4 feet;thence East and parallel to the North line
of said railroad right-of-way for a distance of 33 feet to a point on the East right-of-way line of 96th Street said
point being the point of beginning;thence continuing East on a line 34 feet South of and parallel to the North line
of said railroad right-of-way for a distance of 97 feet;thence North and parallel to the West line of said Southwest
1/4 for a distance of 20 feet;thence West and parallel to the North line of said railroad right-of way for a distance
of 97 feet to a point on the East right-of-way line of 96th Street; thence South along said East line for a distance
of 20 feet to the point of beginning. Contains 1,940 S.F.
TEMPORARY RIGHTS
Parcel A: •
Except for Permanent Rights Parcel "A"previously described,that part of the Union Pacific Railroad
right-of-way located in the Southeast 1/4 of the Southeast 1/4 of Section 33,Township 15 North,Range 12 East
of the 6th P.M., in Douglas County,Nebraska, more particularly described as follows: Commencing at the
Southeast corner of said Southeast 1/4;thence North along the East line of said Southeast 1/4 for a distance of
490.4 feet to the extended South line of the Union Pacific Railroad right-of-way; thence West along said extended
South line for a distance of 33 feet to a point on the West right-of-way line of 96th Street,said point being the
point of beginning;thence continuing West along the South line of said railroad right-of-way for a distance of 142
CITY OF OMAHA
Public Works Department
Owner(s) UNION PACIFIC RAILROAD COMPANY F.M.71 Land Acquisition S.F.
::❖:❖:' Permanent Rights S.F.
Address 1416 Dodge Street
Omaha NE 68179 k\ Temporary Rights S.F.
Project No. BRM-5017(1); S.P. 91-21 Date Completed ; PageZot, 4-
Revision Date 1'
Tract No. 1001 Revision Date
• Exhibit "A"
feet;thence North and parallel to the East line of said Southeast 1/4 for a distance of 110 feet; thence East and •
parallel to the South line of said railroad right-of-way for a distance of 75 feet; thence North and parallel to the
East line of said Southeast 1/4 for a distance of 90 feet;thence West and parallel to the North line of said railroad
right-of way for a distance of 120 feet; thence North and parallel to the East line of said Southeast 1/4 for a
distance of 100 feet to a point on the North line of said railroad right-of-way;thence East along said North line
for a distance of 187 feet to a point on the West right-of-way line of 96th street; thence South along said West
line for a distance of 300 feet to the point of beginning. Contains 33,720 S.F.
Parcel B:
Except for Permanent Rights Parcel"B"previously described, that part of the Union Pacific Railroad
right-of-way located in the Southwest 1/4 of the Southwest 1/4 of Section 34,Township 15 North,Range 12 East
of the 6th P.M., in Douglas County,Nebraska, more particularly described as follows: Commencing at the •
Southwest corner of said Southwest 1/4;thence North along the West line of said Southwest 1/4 for a distance •
of 490.4 feet to the extended South line of the Union Pacific Railroad right-of-way; thence East along said
extended South line for a distance of 33 feet to a point on the East right-of-way line of 96th Street,said point
being the point of beginning;thence North along said East right-of-way line for a distance of 313 feet to the North
line of the Union Pacific Railroad right-of-way;thence East along said North line for a distance of 67 feet; thence
South and parallel to the West line of said Southwest 1/4 for a distance of 14 feet; thence East and parallel to the
North line of said railroad right-of-way for a distance of 30 feet;thence South and parallel to the West line of said
Southwest 1/4 for a distance of 20 feet;thence West and parallel to the North line of said railroad right-of-way
for a distance of 30 feet;thence South and parallel to the West line of said Southwest 1/4 for a distance of 204
feet; thence East and parallel to the South line of said railroad right-of-way for a distance of 125 feet; thence
South and parallel to the West line of said Southwest 1/4 for a distance of 75 feet to a point of the South line of
said railroad right-or-way;thence West along said South line for a distance of 192 feet to the point of beginning.
Contains 29,006 S.F.
P:\PWV334.MAF -
•
CITY OF OMAHA
Public Works Department
Owner(s) UNION PACIFIC RAILROAD COMPANY r'•.' Land Acquisition S.F.
::❖:: Permanent Rights 8,570 S.F.
Address 1416 Dodge Street
Omaha NE 68179 k\\\\N Temporary Rights 62,726 S.F.
Project No. BRM-5017(1); S.P. 91-21 Date Completed Page o€
Revision Date
Tract No. 1001. Revision Date
•
Exhibit "A"
.IN f _ .0.� �1 ¢ .
Union Pacific Railroad
110' // w
U
10' 80' as
n-
I
Cl)
o /X/
I o
O':000❖:❖DOOO:'i.•"'if o
*00**Di'000O** CC
1:i:i:i:i:i:i:i:i:i:i i i:i:i:::$ b n
>-
N ♦:::::::*:AMAtit ttCC
♦:S it w
+ *4
.AA. A
,...,toomp.tot /.„Q A
,., -Lc„, in
- t PERMANENT RIGHTS—Parcel "A'.
15 96TH STREET 16 SE 1/4SEC. 33-15-12 17 18
I
SW I/4 SEC. 34-15-12
O )
N
j 3'0%
i
co
0
r7
Union Pacific Railroad A
/ 20'114'
rx, PERMANENT RIGHTS—Parcel 'B'
N
Az
\____— TEMPORARY RIGHTS—Parcel 'B'
75'
50' 0 25' 50'
EN 10111 MI NUMMI
NM NI •111111•111
SCALE: 1" - 50'
[[ CITY OF OMAHA - PUBLIC WORKS DEPARTMENT
F`'i>%ti'%"'':`Y"3 LAND ACQUISrf1ON S.F. PROJECT NO. S.P.91-21
,'•'•'•'•'W it 8,570 1001
to•�Nt.4-�'•444..' PERMANENT RIGHTS S.F. TRACT NO. %'
/� A TEMPORARY RIGHTS 62,726 S.F. pwgQ ¢ 0
.>nzr N wucwvr.Ggn V•..�,, r%t• ;. . . ,
•
I HaM crl
•
_3 -I _ ♦, �mb3' _ -
! !
a mo Rv Yv )
Ili
o ,; g em — 3-0 I,
re Beg r 4% RC — i I i„Q — n
_V, i i F
$
a /� 8 ' I I 1 1 k F
d / `� I ; i is
N. ;' „ ! i I
Rck
-I : ir.
;•
I ! a Q
\— ! 1< 1
•
n a rs mw� OjS�i $r�o qp-p-� . ! i� 1 0
$ i _ i
as \ •
n 24'-3"Crr. n n n i i ! n n n n n n
_ _..-
I o �o,. ! C)-Ir., ii ij ij N'O'! i ij it 1 ii 1;ij g'
,., r- mao :n m , a
n ! ,
'� I 23'-rr•Ctr. _ ? f n nl -- i nnn nnl11 o -E
Q O v\ ''' ._._ Q -U _i- i i ri - ._ ._I_Q._i.i._._.____ i :i i- ,, 2 a
Z o'n !1 6 6!1 i I !1!1 I,i;6!1 `� ry T
• n
-aaa r 2a.3..Cv_ O,q n n n n I i n n n n n n
• 1 _1_.T._._._._ ' N
.ROg a•' �' _ a a Lia._. .- ._I_. I I Ai`i1_ii.ia L 11_
ti //41! 1@5
Ze i� � �'R' Q� ( 'TS �Q R^V,Fi �n i I I
.1-:.
:. g3 az z pox C '„,...,` $^ '--11 i ! --i
o Epo � o+� = !; i i !
3 E n xs _ Zvc Q :1.
` g $ m v',�� j R wb "� -r.4., i
re 3 'I R' n Oa Iv 7' a 0 c _�--0.' _:Iq��.,r T Iq'-0.'i r.q„ 4
c R I r___
ga
: a� m-I 2 4io,C _� i , 13
2
3 g o I,Q m x — 2E d Clear C
�tio
i
m `''$N — Ro a�•q i" P
i N
o� a� —
-1,—\N.1 r7!‘'•4. ,,, .R..-g...... \ a
1' ''4''' qqt''''\ • '48:.--- Rii4
•
` � I I
i
rn
xi - \\\,.. ,\c\..) N_._. ,,,,,,..,.,
., \ r 8.„2,....0,
a� _ —
1 ,n5 -$N mw`� mom — i •
'
8N, k 8 8 MN :i N�. i !� ' a
�g 8 k _ 3'a_L�
` r. •`-i,
aT 1 o>i R ro B ` J la
@ 8o PH
R %
_ [ a
W' _ . .-Y C II III�'i'n_u<,,,;! 1� COUNTY DOUGLAS LOCATION GNAHA NE III I ' .n 11111 I1I C P co
T C
a 1''h' _��1 J. HWY.NO.9GTH STREET SKEW 2 (65'•D 1 AND ! (90 d'1 SPANS PRESTRESSED I� """or,'ICI x o
4. s o GIRDER (NUIl00 WITH A DEPTH OF 9331 INCHES) R r
o _ 11 1 � REP.POST. ROADWAY 28,0" R7 z
J: p STA.l6.37D0 DESIGN LIVE LOAD HS2O-44 GENERAL PLAN $ ELEVATION ,.�L. -
l�. ''> ,.P , I I DESIGNED B1'Gu DETAILED BY KCG CHECKED AYJ/ DATE MAT /995 9 Yo � 2 I
0) �1 '!$r __,'.. P1::! ' o STATE or NI BRASKA DEPARTMENT OF ROAD' nrtrnc r DIVISION ���^'. <Iil
xn�F'd v,vmi 6•'4,. 15'if _: /5'0"
\ m ag'8 R• . - 60-AS7010 6"(Bdicb)
\ o R'$ 30•l/4"ox1,6"Seth Tie Boro12"drs.
1 4�-$'Sg I
•
. b$W j i F
I
H
p� • m m R.tUn I O
E m r m U O
srn W > m N,.2...,
I m !�v
N fi ........1.1 a g
/ - $$ Q-, Anil ? 8rnx `` §NrYkI I Pn� °
a zr c zc. i W A 4 Q3
N C S o o Z Q , ,a
•rn $ C g •P i $o 3
z % H a Sia a
'° _�' �n 8e'iv -n--P„ 3l-AS407 0 12"(Tcp) —{ ,�
a Ir2I $ o z mo f$Wq03` n61. ,,.'--AL-"' i I $
c, .— ♦♦ �' ti = 2P= fb y I Vf
w N a" ---Jtt i 1` g 9
. to opn
3"Cl.:IA" oz s
.a 8 �' 1ir
• e� Y i'ji
Q•0 N � � 0 � ,i tN N�
,y 49 ® pp g
O� mgII rnA 0 r^ mot yig• :I -a Ni .3 --2 J' � a
� I .. , _ ~--
r EF co"z °_ -.RR ___ o 34-AS9010 12"(Top1:167-AS8010 b"IBoftoml
•
y to --a ` t-, ��,Ael1 `Z-1 •ea a m O 6'g'
Rn gz i
W. _ Ia0 r0
•o -Dc.,v \ w$ �`'c v, - -L 8 __m `CH
n ,8� m w o n0u' m v, I I �
r 3�8^' Pn • Pi m 8� n 9 '` ,''� � n.... 8 a
rn ' '' zaZiz ti e" ' cr/,:- �' a r.6"r W ro y _c2I \
= -.`,4' --r-- ,,,z.. --p ,-,-, - - fli, e
_.... rill ,--,,,
co
Irct k Q o �E_gi',..iC � 8 i n ��Arcui...1
� „ * mR3
_ $%N • P o
y� - dl 0 ry _ Ir g. o
s$•. x- - Win) o
W.1
�/ c_ --- Jt aY ro�„ ��a H
1 I l�.r•..r Cp.'
.N ^ ��ghow •
i rnB
ka a a =3? i
j I , s �� � Q * $gi * ti��. Q
wgg $•
i R 5 rng , 8E 8E m E
I e, " .� o� s� m as
oK ' �i3 g ,ti a,, o� c • 8
1 •08 8Y v8s 3� 3 -- �`
I -1 o'a 3c8 � S'a$ + w rn
b
l.
.R' 7:3' •$ 4-z _g o 8 V----;- byy x
o pp T I
P_ m
40.0,
w.. a of k o a _rng `,j, 2
8� tam R r 1 d$ •� 1 � ga
R `A -
5 r,, ,,s g P : 07" ,,ti o s
m L. Val ,T R, C N
-
x p ' D T. �
eg ¢-
03 e4 II' li COUNTY Da/GLAS LOCATION OMAHA NE N a
' 'R II 1,1` coon2 (65'd7 AND I (90 d'J SPANS PRESTRESSED NU <;
C HWY.NO.96TH STREET new 0'0' y k3, W
v a �g` _' i I, v' REP.POST. ROADWAY 28,0" GIRDER (NU110�WITH A DEPTH OF 4331INCHESJ J,:' ` nCb
4^^4 t"= - sTA./6.37.00 DESIGN LIVE LOAD HS20-44 SOUTH APPROACH SLAB a p�
` I,, ' j' ' IA DESIGNED BY GM DETAILED BY PHO CHECKED BY JAB z d a ?z
��II � DATE MAY 595 D § P p` N
�� �,,li�,i,,,"'",0 hll 1 o STATE OF NEBRASKA - DEPARTMENT OF ROADS - BRIDGE DIVISION A 1�II� ,?t!'."'..ilih�th, i
v
• NON-DISCRIMIINATION CLAUSES
During the performance of this Contract, the Contractor, for itself, its assignees and successors in interest (hereinafter
referred to as the "Contractor"), agrees as follows:
(1) Compliance with Regulations: The Contractor will comply with the Regulations of the Department of
Transportation relative to non-discrimination in federal assisted programs of the Department of Transportation (Title
49, Code of Federal Regulations, Parts 21 and 27, hereinafter referred to as the Regulations), which are herein
incorporated by reference and made a part of this Contract.
(2) Non-discrimination: The Contractor, with regard to the work performed by it after award and prior to completion of
the Contract work, will not discriminate on the ground of handicap, race, color or national origin in the selection and
retention of subcontractors, including procurements of materials and leases of equipment. The Contractor will not
participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including
employment practices when the Contract covers a program set forth in Appendix"A", "B", and "C" of Part 21 of the
Regulations.
(3) Solicitations for Subcontracts. Including Procurements of Materials and Equipment: In all solicitations either by
competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including
procurements of materials or equipment, each potential subcontractor or supplier shall be notified by the Contractor
of the Contractor's obligations under this Contract and the Regulations relative to non-discrimination on the ground
of handicap, race, color or national origin.
(4) Information and Reports: The Contractor will provide all information and reports required by the Regulations, or
orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources
of information, and its facilities as may be determined by the State Highway Department or the Federal Highway
Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any
information required of the Contractor is in the exclusive possession of another who fails or refuses to furnish this
information, the Contractor shall so certify to the State Highway Department, or the Federal Highway
Administration as appropriate, and shall set forth what efforts it has made to obtain the information.
(5) Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the non-discrimination
provisions of this Contract,the State Highway Department shall impose such Contract sanctions as it or the Federal
Highway Administration may determine to be appropriate, including but not limited to,
•
(a) withholding of payments to the Contractor under the Contract until the Contractor complies, and/or
(b) cancellation,termination or suspension of the Contract, in whole or in part.
(6) Incorporation of Provisions: The Contractor will include the provisions of paragraph (1) through (6) in every
subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, order,
or instructions issued pursuant thereto. The Contractor will take such action with respect to any subcontract or
procurement as the State Highway Department or the Federal Highway Administration may direct as a means of
enforcing such provisions including sanctions for noncompliance: Provided, however, that, in the event a Contract
becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction,
the Contractor may request the State to enter into such litigation to protect the interests of the State, and in addition,
the Contractor may request the United States to enter into such litigation to protect the interests of the United States.
EXHIBIT "C"
exhibitc
• 2
ove,f•. •.
•
CITY OF OMAHA EQUAL EMPLOYMENT OPPORTUNITY CLAUSE
(1) The Railroads shall not discriminate against any employee applicant for employment because of race, religion, color,
sex, disability or national origin. The Railroads shall take affirmative action to insure that applicants are employed
and that employees are treated during employment without regard to their race, religion, color, sex, disability or
national origin. 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 Railroads agree 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 non-discrimination clause.
(2) The Railroads shall, in all solicitation or advertisements for employees placed by or on behalf of the Railroads, state
that all qualified applicants will receive consideration or employment without regard to race, religion, color, sex,
disability or national origin.
(3) The Railroads 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
Railroads commitments under the Equal Employment Opportunity Clause of the City of Omaha and shall post
copies of the notice in conspicuous places available to employees and applicants for employment.
(4) The Railroads 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, of the Omaha Municipal Code, and shall permit
reasonable access to their records. Records accessible to the Contract Compliance Officer shall be those which are
related to paragraphs "1"through "7" and only after reasonable notice is given the Railroads. The purpose for this
provision is to provide for investigation to ascertain compliance with the program provided for herein.
(5) The Railroads 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;
provided,however,that in the event the Railroads become involved in or are threatened with litigation as a 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 the Ordinance; and, in the case of contracts receiving Federal assistance,the Railroads
or the City may request the United States to enter into such litigation to protect the interests of the United States.
(6) The Railroads shall file and shall cause their subcontractors, if any, to file compliance reports with the Railroads 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 obtain information as to the employment practices, policies, programs
and statistics of the Railroads and their subcontractors.
(7) The Railroads shall include the provisions of paragraphs "1"through "7" of Section 10-193 of the Omaha Municipal
Code in every subcontract or purchase order, so that such provisions will be binding upon each subcontractor or
vendor.
EXHIBIT "C"
cxhibitc
.N1•.i..i. '`` (.0
ESTIMATE OF MATERIAL AND FORCE ACCOUNT WORK
BY THE
UNION PACIFIC RAILROAD COMPANY
FOR THE
CITY OF OMAHA
DESCRIPTION OF WORK : PROVIDE ENGINEERING INSPECTION
96TH STREET VIADUCT
M . P . 10 . 90 COUNCIL BLUFFS SUB
DOT 816830K
PROJECT : BRM-5017 ( 1 )
LOCATION : OMAHA , NE SERV UNIT : 2 DATE : 10/18/95
DESCRIPTION . LABOR MATERIAL TOTAL
ENGINEERING
ENGINEER INSPECTION 10 ,000 10,000
LABOR MATERIAL TOTAL
TOTAL PROJECT $10 ,000 $0 $10 ,000
EXISTING REUSABLE MATERIAL - NONE
SALVAGE NONUSABLE MATERIAL - NONE
THE ABOVE FIGURES ARE ESTIMATES AND SUBJECT TO FLUCTUATION .
IN THE EVENT OF AN INCREASE OR DECREASE IN THE COST OR AMOUNT
OF LABOR OR MATERIAL REQUIRED , THE STATE WILL BE BILLED FOR
FOR ACTUAL COSTS AT THE CURRENT RATES EFFECTIVE THEREOF .
EXHIBIT "D"
exhibitd � i
a
..
a)
—
a' N -0
O o
2 II \ o 00 o
N t.. O O oo N O O \O
N o0 4 D\
-0 .O O o0
.. N 6q ~ 69
o ri w
.
O al
a
0
4-4
W o 0
cd N
o
0 cc ea O d' O D\
"4 Ncc 00
O
f1 A M o N O O CD OO M
' Nc E-4a II•
,E •d
UF., • . N
ch.,
� a44 as
oa' 0 V
`r' ,- 0 W .
ag
E-y 0 o 'C ...... 0
W WW4 voi O o 0 0
P, f �
U `� v�i � >, O O 0 0 0
g z1 (1) , W N00 oo W
rn U N -
O o O
Q+ Ow a II Z
w 0 00 - W
z rn o � z
M Q
O� Z O
P-+ O
o 0 o rn
U oo N - 'C N
NU Wo O O '-'
en C'lV O N OOa
cn 64) VD N .-,
H 0
U 69
z
0
U
U N " 3 O
c 0 U
C
V
• 1 bA U N p
II a) e C) 0i `) 2N '— Q 'O
00 OUcl '
U Rt o 0
LI) N .o
•
- 96th Street Viaduct
RIGHTS AGREEMENT
TEMPORARY AND PERMANENT RIGHTS
THIS AGREEMENT, is made and entered into as of the day of
, 19 , between UNION PACIFIC RAILROAD COMPANY, a Utah
corporation (hereinafter referred to as the "Grantor"), and the CITY OF OMAHA, a municipal
corporation of the state of Nebraska(hereinafter referred to as the "Grantee").
IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS
FOLLOWS:
SECTION 1.
Pursuant to and in accordance with the separate construction agreement between the parties,
the Grantor does hereby grant unto the Grantee the temporary and permanent rights as shown and
described on Exhibit A consisting of 3 pages, hereto attached and hereby made a part
hereof,in order to enter upon and to utilize that portion of Grantor's right-of-way for the construction
of a viaduct structure over Grantor's railroad trackage and right-of-way at 96th Street and "D" Street
in Omaha, Douglas County,Nebraska, including the right to maintain,repair and use said viaduct
as part of Grantee's street system, and including the right to construct, maintain and use storm and
sanitary sewer facilities located within the permanent rights areas. The legal descriptions contained
in Exhibit A were prepared by the Grantee and the Grantor does not warrant the accuracy of such
descriptions.
SECTION 2.
Grantor's grant of rights herein is subject to the extent of Grantor's title and interest in the
property described in Exhibit A and the Grantor does not warrant its title to said property.
SECTION 3.
The temporary rights herein granted shall commence as of the date of this Agreement and
continue in effect until the project described herein is completed by the City, which is anticipated
to be d t l vt e I , 19`l 1 at which time all rights of the City in and to the temporary rights
shall terminate.
• SECTION 4.
As consideration for the Grantor granting the temporary and permanent rights herein
described and with regard to the use of the Grantor's property by the Grantee as set forth herein and
in the separate construction agreement, the Grantee agrees to pay to the Grantor a lump sum
consideration of Five Hundred Dollars ($500.00), the receipt of which is hereby acknowledged by
Grantor.
SECTION 5.
The grant of rights contained herein is subject to all outstanding and superior conditions,
limitations, restrictions, encumbrances, easements, licenses, or interests of any person or entity
which may affect the property described in Exhibit A, hereto attached.
SECTION 6.
The use by the Grantee of the permanent rights described herein is limited to roadway
purposes and includes the areas required for embankments, abutments, columns, foundations and
other parts of the viaduct structure and also includes the space required for roadway lights. The grant
of permanent rights also includes the use of reasonable additional space, both vertically and
horizontally, for the construction and for the access to the roadway and viaduct structure.
SECTION 7.
The grant of rights herein made by the Grantor is made subject and subordinate to the prior
and continuing right and obligation of the Grantor, its successors and assigns, to use all of the
property described in Exhibit A in the performance of its duty as a common carrier, and for that
purpose there is reserved unto the Grantor,its successors and assigns, but consistent with the rights
herein granted to the City, the following:
(a) The right to construct, reconstruct, maintain, rearrange, renew and use existing and
future railroad tracks, facilities and appurtenances, and existing and future
transportation, communication, signal, wireline, pipeline, and fiber optic facilities
and appurtenances in, upon, over, across and along said property but in such a
manner so as not to encroach or interfere with the reasonable requirements, function
or use of the roadway or viaduct structure; provided, however, that the Grantor is
precluded from using, storing, locating or permitting to be stored or located,
materials of a flammable,explosive or inherently dangerous nature within the rights
areas,provided that such restriction shall not apply to such materials that are aboard
trains or in train cars that are transiting the rights areas or any area adjacent to the
rights areas.
The right to move equipment of all t es over the temporary(b)
gtypes p ary and permanent rights
areas.
-2 t.
-
If the property described in Exhibit A,or any portion thereof,shall cease to be used as public
roadway, then and in that event the rights hereby granted by the Grantor, as to such a portion or
portions no longer used for roadway purposes, shall terminate and all rights shall revert to the
Grantor, its successors and assigns.
SECTION 8.
This Rights Agreement is made pursuant to and in accordance with the separate construction
agreement between the parties and any rights, obligations, restrictions or limitations contained in
said construction agreement if same apply to and affect the temporary and permanent rights granted
herein shall be deemed to also apply to this Rights Agreement This Rights Agreement shall not be
deemed to affect or diminish any previous and existing easement or rights area granted by the
Grantor to the Grantee covering the construction, use and operation of a viaduct structure at the
location described herein.
SECTION.9.
This Rights Agreement shall be binding upon the parties hereto and upon their successors
and assigns. ,
IN`WITNESS HEREOF,the parties have duly executed this Rights Agreement as of the date
first herein written. .
\ •, , ' ' \ , ,,
•
Attest: i.� t `• UNION PACIFIC RAILROAD COMPANY
By: .A`-
Assistant ecre`wry erector-Real Estate.
-littest CITY OF O
/`wt �ti By:
+ ity Cler ayor
Approved as to Form:
By:
t City Attorney
-3-
1'I • r -lnnixuia
If the property described in Exhibit A, or any portion thereof, shall cease to be used as public
roadway, then and in that event the rights hereby granted by the Grantor, as to such a portion or
portions no longer used for roadway purposes, shall terminate and all rights shall revert to the
Grantor, its successors and assigns.
SECTION 8.
This Rights Agreement is made pursuant to and in accordance with the separate construction
agreement between the parties and any rights, obligations, restrictions or limitations contained in.
said construction agreement if same apply to and affect the temporary and permanent rights granted
herein shall be deemed to also apply to this Rights Agreement. This Rights Agreement shall not be
deemed to affect or diminish any previous and existing easement or rights area granted by the
Grantor to the Grantee covering the construction, use and operation of a viaduct structure at the
location described herein.
SECTION.9.
This Rights Agreement shall be binding upon the parties hereto and upon their successors
and assigns.
IN WITNESS HEREOF,the parties have duly executed this Rights Agreement as of the date
first herein written.
Attest: _ UNION PACIFIC RAILROAD COMPANY
t<- By:
Assistaiit`Secfary
Director-Real-Estate
Attest: CITY OF OMAHA
By:
City Clerk Mayor
Approved as to Form:
ssistant City Attorney
-3-
• L
ACKNOWLEDGEMENT
STATE OF NEBRASKA )
) ss.
COUNTY OF DOUGLAS )
On 7278 Z If , 19 9S, before me, M i II i M • SCfteer , a
Notary Public in and for said County and State, personally appeared.
• R.C.INGRAM
/6/W7-CV/'z}E and
who are the i�E�';n,� /�L �S':/�ii:- and the
Assistant Secretary, respectively, of Union Pacific Railroad Company, a Utah corporation,
and who are personally known to me (or proved to me on the basis of satisfactory
evidence) to be the persons whose names are subscribed to in the within instrument, and
acknowledged to me that they executed the same in their authorized capacities, and that
by their signatures on the instrument the persons, or the entity upon behalf of which the
persons acted, executed the instrument.
WITNESS my hand and official seal.
GENERAL NOTARY•Stato of Nttua sks 4 i 1 f m
MIW M.SCHEER
My Comm.Exp.August 17,1997
Notary Public
(Seal)
4
/.
STATE OF NEBRAS} )
ss.
COUNTY OF DOUGLAS )
On this 3 fd day of J'e' , 1995 �ore me,the undersigned,a Notary
Public, in and for saki Coun personally-came 47 /, )fhrf ,Mayor of the City
of Omaha, and /1 ��, �,'���:i2c " , city Clerk of the Cityof Omaha, a-nunici al
� / p
corporation, to me pepo ally known to be the identical persons whose names are affixed to the
above conveyance, and acknowledged the execution to be their voluntary act and deed of the City
of Omaha.
WITNESS my hand and Notarial Seal at Omaha in said County the day and year last above
written.
/41N ARY PUBLIC•
�J
My Commission expires 4NRIu.araiieY.ie as%hitt&
BUSTER J.BROWN
P:\PW\1500.SAP .. My Comm.Exp.Aug 90,1997
-5-
•
STATE OF NEBRASKA )
) ss.
COUNTY OF DOUGLAS )
On this day of , 19 ,before me,the undersigned, a Notary
Public, in and for said County,personally came , Mayor of the City
of Omaha, and _ , City Clerk of the City of Omaha, a municipal
corporation, to me personally known to be the identical persons whose names are affixed to the
above conveyance, and acknowledged the execution to be their voluntary act and deed of the City
of Omaha.
WITNESS my hand and Notarial Seal at Omaha in said County the day and year last above
written.
NOTARY PUBLIC
My Commission expires
P:\PW\1500.SAP
-5-
Exhibit °A •
PERMANENT RIGHTS
Parcel A:
That part of the Union Pacific Railroad right-of-way located in the Southeast 1/4 of the Southeast 1/4
of Section 33, Township 15 North, Range 12 East of the 6th P.M., in Douglas County, Nebraska, more
particularly described as follows: Commencing at the Southeast corner of said Southeast 1/4,thence North along
the East line of said Southeast 1/4 for a distance of 490.4 feet to the extended South line of the Union Pacific
Railroad right-of-way;thence West along said extended South line for a distance of 33 feet to a point on the West
right-of-way line of 96th street, said point being the point of beginning;thence continuing West along the South
line of said railroad right-of-way for a distance of 17 feet;thence North on a line 50 feet West of and parallel to
the East line of the Southeast 1/4 of said Section 33 for a distance of 10 feet; thence Weston a line 10 feet North
of and parallel to the South line of said railroad right-of-way for a distance of 115 feet;thence North and parallel
to the East line of said Southeast 1/4 for a distance of 80 feet;thence East and parallel to the South line of said
railroad right-of-way for a distance of 50 feet;thence South and parallel to the East line of said Southeast 1/4 for
a distance of 50 feet;thence East and parallel to the South line of said railroad right of way for a distance of 82
feet to a point on the West right-of-way line of 96th Street;thence South along said West line for a distance of
40 feet to the point of beginning. Contains 6,630 S.F.
Parcel B:
That part of the Union Pacific Railroad right-of-way located in the Southwest 1/4 of the Southwest 1/4
of Section 34, Township 15 North, Range 12 East of the 6th P.M. in Douglas County, Nebraska, more
particularly described as follows: Commencing at the Southwest corner of said Southwest 1/4; thence North
along the West line of said Southwest 1/4 for a distance of 769.4 feet;thence East and parallel to the North line
of said railroad right-of-way for a distance of 33 feet to a point on the East right-of-way line of 96th Street said
point being the point of beginning;thence continuing East on a line 34 feet South of and parallel to the North line
of said railroad right-of-way for a distance of 97 feet;thence North and parallel to the West line of said Southwest
1/4 for a distance of 20 feet;thence West and parallel to the North line of said railroad right-of way for a distance
of 97 feet to a point on the East right-of-way line of 96th Street; thence South along said East line for a distance
of 20 feet to the point of beginning. Contains 1,940 S.F.
TEMPORARY RIGHTS
Parcel A:
Except for Permanent Rights Parcel "A"previously described,that part of the Union Pacific Railroad
right-of-way located in the Southeast 1/4 of the Southeast 1/4 of Section 33,Township 15 North,Range 12 East
of the 6th P.M., in Douglas County,Nebraska,more particularly described as follows: Commencing at the
Southeast corner of said Southeast 1/4;thence North along the East line of said Southeast 1/4 for a distance of
490.4 feet to the extended South line of the Union Pacific Railroad right-of-way;thence West along said extended
South line for a distance of 33 feet to a point on the West right-of-way line of 96th Street,said point being the
point of beginning;thence continuing West along the South line of said railroad right-of-way for a distance of 142
CITY OF OMAHA
Public Works Department
Owners) UNION PACIFIC RAILROAD COMPANY 177M Land Acquisition S.F.
:Cf:+:4 Permanent Rights S.F.
Address 1416 Dodge Street
Omaha NE 68179 (\\\\\I Temporary Rights ``i .`:'ice S.F.
Project No. BRM-5017(1); S.P. 91-21 Date Completed Page-1-0 3
Revision Date
Tract No. 1001 Revision Date
Exhibit- "A"
•
feet;thence North and parallel to the East line of said Southeast 1/4 for a distance of 110 feet;thence East and
parallel to the South line of said railroad right-of-way for a distance of 75 feet;thence North and parallel to the
East line of said Southeast 1/4 for a distance of 90 feet;thence West and parallel to the North line of said railroad
right-of way for a distance of 120 feet; thence North and parallel to the East line of said Southeast 1/4 for a
distance of 100 feet to a point on the North line of said railroad right-of-way; thence East along said North line
for a distance of 187 feet to a point on the West right-of-way line of 96th street;thence South along said West
line for a distance of 300 feet to the point of beginning. Contains 33,720 S.F.
Parcel B:
Except for Permanent Rights Parcel "B"previously described, that part of the Union Pacific Railroad
right-of-way located in the Southwest 1/4 of the Southwest 1/4 of Section 34,Township 15 North,Range 12 East
of the 6th P.M., in Douglas County, Nebraska, more particularly described as follows: Commencing at the
Southwest corner of said Southwest 1/4;thence North along the West line of said Southwest 1/4 for a distance
of 490.4 feet to the extended South line of the Union Pacific Railroad right-of-way; thence East along said
extended South line for a distance of 33 feet to a point on the East right-of-way line of 96th Street,said point
being the point of beginning;thence North along said East right-of-way line for a distance of 313 feet to the North
line of the Union Pacific Railroad right-of-way;thence East along said North line for a distance of 67 feet; thence
South and parallel to the West line of said Southwest 1/4 for a distance of 14 feet; thence East and parallel to the
North line of said railroad right-of-way for a distance of 30 feet;thence South and parallel to the West line of said
Southwest 1/4 for a distance of 20 feet;thence West and parallel to the North line of said railroad right-of-way
for a distance of 30 feet;thence South and parallel to the West line of said Southwest 1/4 for a distance of 204
feet; thence East and parallel to the South line of said railroad right-of-way for a distance of 125 feet; thence
South and parallel to the West line of said Southwest 1/4 for a distance of 75 feet to a point of the South line of
said railroad right-or-way;thence West along said South line for a distance of 192 feet to the point of beginning.
Contains 29,006 S.F. •
P:\PWV 334.MAF
•
•
CITY OF OMAHA
Public Works Department
Owner(s) UNION PACIFIC RAILROAD COMPANY Land Acquisition S.F.
'�•.:•:':' Permanent Rights 8,570 S.F.
Address 1416 Dodge Street
Omaha NE 68179 ��\�� Temporary Rights 62,726 S.F.
Project No. BRM-5017(1); S.P. 91-21 Date Completed ` .., Page2of-3
Revision Date <
jj)
Tract No. 1001. Revision Date
Exhibit "A"
100'
J
Union Pacific Railroad r
110'
U
T.,„
‘...
10' 80' a
9i I I-
••r�•v�r I
1101[/
•••••••••i•••••••♦
'��i�i�i�i�i�i'��i�i�i':'Oi:i:i:i� N 0
CC
i.00.0:•:+: :4,4 pppp Q
N �'000••00•••tb.:*••*0.w.•p
••••••• 0
7 I—
i�i�i�i�i i�i �J
.i:.00�.�i.:i
o r--) t PERMANENT RIGHTS-Parcel 'A/ ,. o
15 96TH STREET 16 SE 1/4SEC. 33-15-12 17 18
I I
SW I/4 SEC. 34-15-12
to-
b to
N
iC
0
rn
Union Pacific Railroad
20' 14'
To PERMANENT RIGHTS-Parcel 'B"
N
/
\----- TEMPORARY RIGHTS-Parcel 'B"
75'
50' 0 25' 50'
=1111=—�1M
SCALE: 1" - 50'
CITY OF OMAHA - PUBLIC WORKS DEPARTMENT
K'•<' "% i$:;ii LAND ACQUISf11ON S.F. PROJECT NO. S.P.91-21 (IiI)
�'•'•'•'+'•'•'•'� 8,570 1001, .=e;`
P/m�e•�••�•- PERMANENT RIGHTS S.F. TRACT NO.
f//��/�/ TEMPORARY RIGHTS 62,726 g.F. / �qfte, 3 of 3
INTER-OFFICE COMMUNICATION
November 29, 1995 kia
}' cZe
s — o nri
TO: Buster Brown, Deputy City Clerk n
FROM: Mark Larson, ROW Manager, Public Works Department_ ;;
t-n
SUBJECT: 96th Street Viaduct Replacement
Enclosed for your records is one fully executed copy of the Railroad Agreement and the
recorded Rights Agreement for the referenced project.
ML/gb:brown
c:\docs\row\brown.do c
96th.Street Viaduct
`AVSLIC WORKS DEP/:RTMENVT
RIGHT-OF-WAY SECTION SUITE 604
OMAHA/DOUGLAS CIVIC CENTER RIGHTS AGREEMENT
1879 FARNAM STREET
OMAHA,NEBRASU 63183 TEMPORARY AND PERMANENT RIGHTS
HIS AGREEMENT, is made and entered into as of the 3 rz/ day of
, 1995, between UNION PACIFIC RAILROAD COMPANY, a Utah
corporation (hereinafter referred to as the "Grantor"), and the CITY OF OMAHA, a municipal
corporation of the state of Nebraska(hereinafter referred to as the "Grantee").
IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS
FOLLOWS:
SECTION 1.
Pursuant to and in accordance with the separate construction agreement between the parties,
the Grantor does hereby grant unto the Grantee the temporary and permanent rights as shown and
described on Exhibit A consisting of 3 pages, hereto attached and hereby made a part
hereof,in order to enter upon and to utilize that portion of Grantor's right-of-way for the construction
of a viaduct structure over Grantor's railroad trackage and right-of-way at 96th Street and "D" Street
in Omaha, Douglas County,Nebraska, including the right to maintain,repair and use said viaduct
as part of Grantee's street system, and including the right to construct,maintain and use storm and
sanitary sewer facilities located within the permanent rights areas. The legal descriptions contained
in Exhibit A were prepared by the Grantee and the Grantor does not warrant the accuracy of such
descriptions.
SECTION 2.
Grantor's grant of rights herein is subject to the extent of Grantor's title and interest in the
property described in Exhibit A and the Grantor does not warrant its title to said property.
SECTION 3. •
The temporary rights herein granted shall commence as of the date of this Agreement and
continue in effect until the project described herein is completed by the City,which is anticipated
to be Ju►i e. I , 19 Il, at which time all rights of the City in and to the temporary rights
shall terminate.
�1: •
le
i isi 11. 11 riI c
1 cZ.�i- JS 1„B- .4
•
�4, FEE L! .c)j R 33'15-� r�1—v) 0c0
g U�>
'- Law,- DEL. C/O COM4
c� LEGAL PG SCAN
0.114.11 .-1
ate.
SECTION 4.
As consideration for the Grantor granting the temporary and permanent rights herein
described and with regard to the use of the Grantor's property by the Grantee as set forth herein and
in the separate construction agreement, the Grantee agrees to pay to the Grantor a lump sum
consideration of Five Hundred Dollars ($500.00), the receipt of which is hereby acknowledged by
Grantor.
SECTION 5.
The grant of rights contained herein is subject to all outstanding and superior conditions,
limitations, restrictions, encumbrances, easements, licenses, or interests of any person or entity
which may affect the property described in Exhibit A, hereto attached.
SECTION 6.
The use by the Grantee of the permanent rights described herein is limited to roadway
purposes and includes the areas required for embankments, abutments, columns, foundations and
other parts of the viaduct structure and also includes the space required for roadway lights. The grant
of permanent rights also includes the use of reasonable additional space, both vertically and
horizontally, for the construction and for the access to the roadway and viaduct structure.
SECTION 7.
The grant of rights herein made by the Grantor is made subject and subordinate to the prior
and continuing right and obligation of the Grantor, its successors and assigns, to use all of the
property described in Exhibit A in the performance of its duty as a common carrier, and for that
purpose there is reserved unto the Grantor,its successors and assigns, but consistent with the rights
herein granted to the City,the following:
(a) The right to construct,reconstruct, maintain, rearrange,renew and use existing and
future railroad tracks, facilities and appurtenances, and existing and future
transportation, communication, signal, wireline, pipeline, and fiber optic facilities
and appurtenances in, upon, over, across and along said property but in such a
manner so as not to encroach or interfere with the reasonable requirements, function
or use of the roadway or viaduct structure; provided, however, that the Grantor is
precluded from using, storing, locating or permitting to be stored or located,
materials of a flammable, explosive or inherently dangerous nature within the rights
areas,provided that such restriction shall not apply to such materials that are aboard
trains or in train cars that are transiting the rights areas or any area adjacent to the
rights areas.
(b) The right to move equipment of all types over the temporary and permanent rights
areas.
-2-
If the property described in Exhibit A, or any portion thereof,shall cease to be used as public
. roadway, then and in that event the rights hereby granted by the Grantor, as to such a portion or
portions no longer used for roadway purposes, shall terminate and all rights shall revert to the
Grantor, its successors and assigns.
SECTION 8.
This Rights Agreement is made pursuant to and in accordance with the separate construction
agreement between the parties and any rights, obligations, restrictions or limitations contained in.
said construction agreement if same apply to and affect the temporary and permanent rights granted
herein shall be deemed to also apply to this Rights Agreement. This Rights Agreement shall not be
deemed to affect or diminish any previous and existing easement or rights area granted by the
Grantor to the Grantee covering the construction, use and operation of a viaduct structure at the
location described herein.
SECTION.9.
This Rights Agreement shall be binding upon the parties hereto and upon their successors
and assigns.
_fl .ATI NESS HEREOF,the parties have duly executed this Rights Agreement as of the date
first herein written_
DORINTEO : CORPORATE SEAL
REGISTER OF DEEDS i
Attest �_.LJN PACIFIC RAILROAD COMPANY
By:
/ Assistant -cre�.4tory !rector-Real Estate.
itr
ttest: CITY OF 0 4 •
By:
C. Clerk a or
Approved as to Form:
By:
tant City Attorney
-3-
• .
ACKNOWLEDGEMENT
STATE OF NEBRASKA )
) ss.
COUNTY OF DOUGLAS )
On G`>O � /(� , 199( , before me, /14; I I i Au . 6"C&ce/, a
Notary Public in and for said County and State, personally appeared
.��/-4 L/6"/7"44)i,rlo and R. C. INGRAM
who are the `2)i,PtCro4- ?F. -4Z and the
Assistant Secretary, respectively, of Union Pacific Railroad Company, a Utah corporation,
and who are personally known to me (or proved to me on the basis of satisfactory
evidence) to be the persons whose names are subscribed to in the within instrument, and
acknowledged to me that they executed the same in their authorized capacities, and that
by their signatures on the instrument the persons, or the entity upon behalf of which the
persons acted, executed the instrument.
WITNESS my hand and official seal.
GENERAL MOTARYSht!Ot NORI ' (,(11)1,,
'����^• My Comm.LLIExp.
M M.A ugw IuQue111,t 1@t NotaryPublic
•
(Seal)
NOTARI
AL SEAL AFFIXED
REGISTER OF. DEEDS .
•
STATE OF NEBRASKA ) •
ss.
COUNTY OF DOUGLAS )
On this 3 rd day of ,74/.67 , 199 ,before me,the undersigned, a Notary
Public, in and for said County,personally came ' . ,D1,9 , Mayor of the City
of Omaha, and /4 i.,/9 /� / City Clerk of the City of Omaha, a municipal
corporation, to me pers n ly known to be the identical persons whose names are affixed to the
above conveyance, and acknowledged the execution to be their voluntary act and deed of the City
of Omaha.
WITNESS my hand and Notarial Seal at Omaha in said County the day and year last above
written.
ARY PUBLIC
My Commission expires 1 :11
- - *CM 60.tiw.341997
P:\PW\1500.SAP
} QT�'
i C :
(Ifi 4
�40S I4-6,
•
-5-
, Exhibit "A"
PERMANENT RIGHTS
Parcel A:
That part of the Union Pacific Railroad right-of-way located in the Southeast 1/4 of the Southeast 1/4
of Section 33, Township 15 North, Range 12 East of the 6th P.M., in Douglas County, Nebraska, more
particularly described as follows: Commencing at the Southeast corner of said Southeast 1/4, thence North along
the East line of said Southeast 1/4 for a distance of 490.4 feet to the extended South line of the Union Pacific
Railroad right-of-way;thence West along said extended South line for a distance of 33 feet to a point on the West
right-of-way line of 96th street, said point being the point of beginning; thence continuing West along the South
line of said railroad right-of-way for a distance of 17 feet; thence North on a line 50 feet West of and parallel to
the East line of the Southeast 1/4 of said Section 33 for a distance of 10 feet; thence West on a line 10 feet North
of and parallel to the South line of said railroad right-of-way for a distance of 115 feet; thence North and parallel
to the East line of said Southeast 1/4 for a distance of 80 feet; thence East and parallel to the South line of said
railroad right-of-way for a distance of 50 feet;thence South and parallel to the East line of said Southeast 1/4 for
a distance of 50 feet; thence East and parallel to the South line of said railroad right of way for a distance of 82
feet to a point on the West right-of-way line of 96th Street; thence South along said West line for a distance of
40 feet to the point of beginning. Contains 6,630 S.F.
Parcel B:
That part of the Union Pacific Railroad right-of-way located in the Southwest 1/4 of the Southwest 1/4
of Section 34, Township 15 North, Range 12 East of the 6th P.M. in Douglas County, Nebraska, more
particularly described as follows: Commencing at the Southwest corner of said Southwest 1/4; thence North
along the West line of said Southwest 1/4 for a distance of 769.4 feet; thence East and parallel to the North line
of said railroad right-of-way for a distance of 33 feet to a point on the East right-of-way line of 96th Street said
point being the point of beginning; thence continuing East on a line 34 feet South of and parallel to the North line
of said railroad right-of-way for a distance of 97 feet; thence North and parallel to the West line of said Southwest
1/4 for a distance of 20 feet; thence West and parallel to the North line of said railroad right-of way for a distance
of 97 feet to a point on the East right-of-way line of 96th Street; thence South along said East line for a distance
of 20 feet to the point of beginning. Contains 1,940 S.F.
TEMPORARY RIGHTS
Parcel A:
Except for Permanent Rights Parcel "A" previously described, that part of the Union Pacific Railroad
right-of-way located in the Southeast 1/4 of the Southeast 1/4 of Section 33,Township 15 North, Range 12 East
of the 6th P.M., in Douglas County, Nebraska, more particularly described as follows: Commencing at the
Southeast corner of said Southeast 1/4; thence North along the East line of said Southeast 1/4 for a distance of
490.4 feet to the extended South line of the Union Pacific Railroad right-of-way; thence West along said extended
South line for a distance of 33 feet to a point on the West right-of-way line of 96th Street, said point being the
point of beginning; thence continuing West along the South line of said railroad right-of-way for a distance of 142
CITY OF OMAHA
Public Works Department
Owner(s) UNION PACIFIC RAILROAD COMPANY NM Land Acquisition S.F.
roti':•:' Permanent Rights S.F.
Address 1416 Dodge Street
Omaha NE 68179 \\\N Temporary Rights S.F.
Project No. BRM-5017( 1); S.P. 91-21 Date Completed Page I of 3
Revision Date
Tract No. 1001 Revision Date
Exhibit "A"
feet; thence North and parallel to the East line of said Southeast 1/4 for a distance of 110 feet; thence East and
parallel to the South line of said railroad right-of-way for a distance of 75 feet; thence North and parallel to the
East line of said Southeast 1/4 for a distance of 90 feet; thence West and parallel to the North line of said railroad
right-of way for a distance of 120 feet; thence North and parallel to the East line of said Southeast 1/4 for a
distance of 100 feet to a point on the North line of said railroad right-of-way; thence East along said North line
for a distance of 187 feet to a point on the West right-of-way line of 96th street; thence South along said West
line for a distance of 300 feet to the point of beginning. Contains 33,720 S.F.
Parcel B:
Except for Permanent Rights Parcel "B" previously described, that part of the Union Pacific Railroad
right-of-way located in the Southwest 1/4 of the Southwest 1/4 of Section 34, Township 15 North,Range 12 East
of the 6th P.M., in Douglas County, Nebraska, more particularly described as follows: Commencing at the
Southwest corner of said Southwest 1/4; thence North along the West line of said Southwest 1/4 for a distance
of 490.4 feet to the extended South line of the Union Pacific Railroad right-of-way; thence East along said
extended South line for a distance of 33 feet to a point on the East right-of-way line of 96th Street, said point
being the point of beginning; thence North along said East right-of-way line for a distance of 313 feet to the North
line of the Union Pacific Railroad right-of-way; thence East along said North line for a distance of 67 feet; thence
South and parallel to the West line of said Southwest 1/4 for a distance of 14 feet; thence East and parallel to the
North line of said railroad right-of-way for a distance of 30 feet; thence South and parallel to the West line of said
Southwest 1/4 for a distance of 20 feet; thence West and parallel to the North line of said railroad right-of-way
for a distance of 30 feet; thence South and parallel to the West line of said Southwest 1/4 for a distance of 204
feet; thence East and parallel to the South line of said railroad right-of-way for a distance of 125 feet; thence
South and parallel to the West line of said Southwest 1/4 for a distance of 75 feet to a point of the South line of
said railroad right-or-way;thence West along said South line for a distance of 192 feet to the point of beginning.
Contains 29,006 S.F.
P:\PW\1334.MAF
CITY OF OMAHA
Public Works Department
Owner(s) UNION PACIFIC RAILROAD COMPANY NM Land Acquisition S.F.
•':•ii•:` Permanent Rights 8,570 S.F.
Address 1416 Dodge Street
Omaha NE 68179 N! Temporary Rights 62,726 S.F.
Project No. BRM-5017( 1); S.P. 91-21 Date Completed Page2of 3
Revision Date
Tract No. 1001 . Revision Date
1
. ��� •
.I Exhibit " "
A
�� . E`-�
........ 10 0'
" III
Q
Union Pacific Railroad j/
110' / v
L
10' 80' cis
. a_
I
o, r 0 1--i�i�i•i• .".• .. ......
���•i•.•.•.• O
•
••❖.❖.❖❖•��❖❖.❖.•. CC
•
••••••••••�• •
•••••••�••�••�•••••••�•• r� a=
►'••i•�• • • • ❖iii••
:.ii❖iii❖i�iii�i•❖0•• Q
in ►.❖.❖.❖.❖.❖.❖.•.❖.❖.� cc
ii 2
e..ii•i4 IA
V•.❖i i�4 1—
' i••.�i�.•i❖
•
N.•i••i i•❖•4
.•i•�•�••••••••4
•
•
•❖•❖.❖.❖�
0
-F E M t PERMANENT RIGHTS—Parcel "A".
15 96TH STREET 16 SE IA SEC. 33-15-12 17 18
I I I
SW 1/4 SEC. 34-15-12
To
o r7
Lrs
31 %
co
0
r7
Union Pacific Railroad
20' 14'_
in PERMANENT RIGHTS—Parcel "B"
N
\----- TEMPORARY RIGHTS—Parcel "B"
75'
50' . 0 25' 50'
SCALE: 1" s 50'
CITY OF OMAHA - PUBLIC WORKS DEPARTMENT
`'''''•. s `
LAND ACQUISff10N S.F. PROJECT NO. S.P. 91-21
r
!.....•!.!•!•!•�•! PERMANENT RIGHTS 8,570 S.F. TRACT NO. 1001
�//�/�/A TEMPORARY RIGHTS 62,726 S.F. Pqcie, 3 of 3
13.25A
CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha, Nebr OctQb.ex..3.1., 19...9.5...
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, the City of Omaha Public Works Department and the Union Pacific
Railroad Company are desirous of removing the existing 96th Street viaduct at "D" Street and
replacing the same with a new structure and associated approaches to carry vehicular traffic over the
Union Pacific Railroad Company trackages below; and,
WHEREAS, this construction project has received approval from the Federal Highway
Administration for the programming of Federal aid in the construction project; and,
WHEREAS, the construction project is scheduled for bid letting in January of 1996;
and,
WHEREAS, the City of Omaha and the Union Pacific Railroad Company have agreed
to participate in the responsibilities for the project completion and in contributions toward meeting -
the local share of project costs, as detailed in the attached Construction and Rights Agreements which
by this reference are made a part hereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OMAHA:
THAT,the Agreements,recommended by the Mayor, between the City of Omaha and
the Union Pacific Railroad Company relative to the replacement of the 96th Street viaduct at 'D"
Street are approved.
BE IT FURTHER RESOLVED:
THAT,the Finance Department is authorized to pay the City's share of project costs
from the 1993 Street and Highway Bond Organization 1509,HR 3299#2,Fund 319.
APPROVED AS TO FORM:
/4e d
ASSISTANT C Y ATTORNEY
F.�PW2720.SKZ
By ( Councilmember
—
Adopted c.p.U.31...1995.
.... .. . .. . . . . ... ... . ... . . ...
City Clerk•
Approved.. r. :.b:..,
Mayor (1)
Ilk .
cil
1.
a .d 0 duo , g z
�', cu
® y N krop O 't? 0-t CD n -
F-i Cl 'a� R� CD1fl •
•1/4
rat a
o cn o p o
4,41
\ ,
• 5 o c
i i•-% -....., ,...t. ,-+ e-t• ,-,..
w (D CD o CD k
‘.
‘ ,*...... \\.,Z:::11
j III