Title
Subject: Communication from the Commissioner of Public Works/City Engineer requesting to meet with the Public Works and Services Committee in closed session regarding a settlement agreement with the Union Pacific Railroad for repairs to the Mound Avenue railroad bridge. (Res.09-1183)
Recommendation of the Public Works and Services Committee on 10-28-08, 11-11-08 and 12-9-08: Defer
Recommendation of the Public Works and Services Committee on 1-13-09: That the settlement agreement as presented by Atty. Robert Hankel be approved, in concept, with final verbiage to be approved by the City Attorney's office. The settlement agreement terms are as follows:
1. With respect to the Mound Avenue Bridge, the Union Pacific Railroad Company will:
A. Maintain and repair the tie, rail and ballast conditions and, in addition, will maintain and repair the deck drainage systems;
B. The bridge retaining walls within the track embankment support structure will be repaired and additional required repairs of the bridge structure disclosed during the process, if any, will also be completed;
C. The bridge deck handrail will be maintained.
D. The middle steel column will be maintained and repaired, as will all support concrete structures for said column support located in the middle of the paved portion of the roadway; and
E. Handrails underneath the bridge and concrete sidewalk to the extent necessary, any concrete abutments and supporting structures will be repaired for that area spanned by the bridge and all supporting structures, including concrete retaining walls that are part of the bridge; for these purposes, a straight line will be drawn from the farthest edge of each structure on each side of the roadway to determine the area of the railroad's responsibility, such structure including the extension of concrete supporting walls beyond the "shadow of the bridge."
2. With regard to the Sixth Street Bridge, the railroad will complete the following:
A. The bridge and deck ties will be repaired and the deck drainage systems will be maintained and repaired;
B. Corrosion damage to the top and bottom flanges will be maintained and repaired; and
C. The middle steel column will be maintained and repaired.
3. With regard to the Ninth Street Bridge, the railroad will complete the following:
A. The bridge deck hand railing will be completely repaired;
B. The south middle steel column currently suffering from corrosion will be maintained and repaired; and
C. The wooden retaining wall on the northwest side of the bridge will be repaired so that it will be functional and will not extend over the pedestrian sidewalk.
4. All maintenance and repair activities, including the approaches to the bridge structures, other than as stated above and all public roads will be the responsibility of the City to be repaired by persons or entities selected by the City on a schedule coordinated with the maintenance and repairs to be accomplished by the Union Pacific Railroad Company as described above. Maintenance and repair activities shall be accomplished using a consistent timeline.
5. All repairs described in paragraphs 1, 2 and 3 shall be accomplished during the budget year including calendar 2009 for Union Pacific Railroad; and
6. The Railroad will certify the safety of structures described in the report previously provided by the City to Union Pacific Railroad Company from HNTB, dated July 16, 2007, to the extent not involved in the repairs described above.
Fiscal Note: The City of Racine will be required to coordinate with the railroad for repair to the railing and sidewalks on Mound Avenue beyond the bridge structure and funds are available in Account 988.520.5010, Mound Avenue Railing Replacement.