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Home My WebLink About1999-07-12-Resolutions 99-69_IA Rail Assistance Agr - Gilcrest Jewett Rail SpurRESOLUTION NO.99-69 IIOWARAILASSISTANCEPROJECT FOR ECONONITC DEVELOPMENT AGREEMENT CITY:WAUKEE DEVELOPMENT:GILCREST-JEWETT LUMBER COMPANY PROJECT NO:RAP-RR99(57)-9T-25 This Agreement is between the City of Waukee (hereafter referred to as "City")and the Planning and Programming Division of the Iowa Department of Transportation (hereafter referred to as "DOT").The City submitted an application on February 4,1999 for funding of an economic development project through the Rail Assistance Fund pursuant to Iowa Code Chapter 327H and 761 Iowa Administrative Code Chapter 830.The application received approval of the Transportation Commission on April 20,1999, Order Number PP-99-130. Pursuant to the terms of this Agreement,the DOT agrees to provide funding for the construction of railroad tracks to serve Gilcrest-Jewett Lumber Company (hereafter referred to as "Gilcrest")in Waukee,Iowa.The funding provided by DOT is to aid in the creation of 40 new jobs and the retention of8 jobs in Waukee. IN CONSIDERATION of the mutual promises contained in this Agreement,the parties agree as follows: I.The City shall be the lead local governmental agency for carrymg out the provisions of this Agreement. 2.The estimated cost of the spur track (hereafter referred to as "Project")is Two Hundred Eleven Thousand,Eight Hundred and Five Dollars ($211,805).The general layout is shown in Exhibit A,attached hereto and made a part of this Agreement.The estimated cost and quantities of material for the Proj ect are shown in Exhibit B,attached hereto and made a part ofthis Agreement. 3.The construction of the Project shall be accomplished through competitive bidding pursuant to the procedures shown in Exhibit C,attached hereto and made a part of this Agreement.The Project plans,specifications and engineer's cost estimate shall be submitted to the DOT for review prior to letting.The DOT will review the submittal and notify the City of authorization to proceed.If the low bid is not awarded,DOT concurrence in the award must be obtained prior to the I award.The City shall provide the DOT file copies of Project letting documents, bid tabs,and letters of solicitation to prospective bidders within ten (10)days after the letting. 4.The City shall be responsible for ensuring that the Project as designed IS acceptable to the Union Pacific (UP)Railroad. 5.The City shall be responsible for Project development and completion in conformity with Exhibit B.Any modification of approved Exhibit B must receive prior approval by the DOT.Project shall be complete and capable of railroad operation by December 15,1999.I 6.The City shall notify the DOT prior to the start of track construction work on the Project.The City shall be responsible for proper inspection of the Project.The DOT reserves the light to inspect the Project at any time to assure the conditions of this Agreement are met. 7.Upon completion of the Project and before final payment is made by DOT,the City shall notify the DOT in writing that the Project is completed in compliance with the Agreement.A DOT representative shall make a final review of the Project.Prior to acceptance by the DOT,the City shall provide a letter from the UP Railroad stating that the Project construction is acceptable for railroad operations.Final acceptance of the Proj ect for reimbursement shall be determined by the DOT. 8.The Total Project Cost shall be calculated in the following manner:The site preparation work described in Part A of Exhibit B shall be the actual cost as determined by bid letting.The track construction work described in Part B of Exhibit B shall be the actual cost as determined by bid letting.Parts C,D,and E amounts are the maximums that will be reimbursed for substantiated expenditures. 9.The City agrees to complete or require to be completed the items of work necessary to construct approximately 600 feet of railroad spur in accordance with Exhibit B.The City assures that the required matching participation in this Proj ect shall be provided. 10.Following completion of the Project,and after fmal acceptance by the DOT,the City will submit to the DOT an original bill for work performed.The bill shall include evidence of full payment for work completed.The DOT shall review the bill and make proper payment to the City within sixty days. 11.Upon final acceptance of the Proj ect,the DOT shall reimburse the City One Hundred Thousand Dollars ($100,000),or Eight Percent (80%)of the Total Project Cost,as calculated in paragraph 8,whichever is less.The City understands that if the Total Project Cost is less than estimated in Exhibit B,The DOT reimbursement may be less than One Hundred Thousand Dollars ($100,000);if the Total Project Cost is more than the estimated cost in Exhibit B, the DOT reimbursement shall not exceed One Hundred Thousand Dollars ($100,000).I 12.The City will provide within two (2)years of date of Project completion,specified in paragraph 5,documentation of the number of full-time employees or equivalent (hereafter known as "FTE's")at the Industry site.This documentation shall be in the form of a company payroll showing the number of FTE's.This verification by the City is subject to audit by the DOT and the DOT shall have the sole authority to determine whether 40 FTE's have been created and 8 FTE's retained in accordance with the Transportation Commission Order.Failure by the City to assure or document the job creation shall be considered a default under this Agreement. 13.The City shall indemnify,hold harmless and defend the DOT from any action or claim arising out of the design,construction,maintenance,or inspection of the Proj ect of the condition of the property upon which the Proj ect is constructed. This paragraph applies to all aspects of the DOT's application,review and approval process,plan and construction reviews,funding participation and final review of Proj ect.It includes,but is not limited to,claims for acts and omissions for which the DOT alone was or would not be liable. 14.The City shall ensure compliance with all provisions of equal employment opportunity requirements prohibiting discrimination and requiring affirmative action to assure equal employment opportunity as required by the Iowa Code Chapter 216.The City or its contractor will use their best efforts to solicit bids from and to utilize minority group contractors and subcontractors,or contractors and subcontractors with meaningful minority group and female representation among their employees.The City will use its best efforts to ensure contractor and subcontractor compliance with Iowa equal employment opportunity obligations. ] 15.This Agreement is not assignable without prior written consent of the DOT. 16.It is the mutual intent of the contracting parties that no third party beneficiaries are created by this Agreement. 17.This Agreement is made under and shall be construed according to the laws of the State of Iowa. 18.If the City fails to perform any obligation under this Agreement,the DOT shall have the right after first giving thirty (30)days written notice to the City by certified mail returned receipt requested,to declare this Agreement in default. The City shall have thirty (30)days from date of mailing of notice to cure the default.If the City cures the default,the City shall notify DOT no later than five (5)days after cure.Within ten (10)working days of receipt of the City's notice of cure,the DOT may,in its discretion,declare the contract in default,accept the cure,or reject the cure and grant the City an additional reasonable time to cure. 19.In the event a default is not cured,the DOT may demand repayment of the grant of the City to the DOT. 20.All notices required under this Agreement shall be made in writing to the DOT and the City contact persons.The DOT contact person shall be:Jan Wiley,P.E., Office of Program Management,800 Lincoln Way,Ames,Iowa 50010.The City contact person shall be:John Gibson,Public Works Director,410 6th Street,P.O. Box 847,Waukee,Iowa 50263-0847.I 21.If any part of this Agreement is found to be void or unenforceable,then the remaining provisions of this Agreement shall remain in effect. 22.The DOT's obligations hereunder shall cease immediately,without penalty of further payment being required,in any year for which the Iowa General Assembly,or federal funding source for the subject of this agreement,fails to make an appropriation sufficient to pay such obligations or such appropriation is vetoed.The DOT's obligations hereunder shall cease immediately without penalty of further payment being required at any time there are not sufficient authorized funds lawfully available to Iowa to meet such obligations.The DOT shall give the City notice of such insufficiency of funding as soon as practicable. Upon receiving such notice,the City may terminate this Agreement or any part thereof. 23.This Agreement with exhibits constitutes the entire Agreement between the DOT and the City conceming this Proj ect.Representations made before the signing of this Agreement are not binding,and neither party has relied upon conflicting prior representations in entering into this Agreement.Any change or alteration to the terms of this Agreement must be made in the form of an Addendum to this Agreement.Said Addendum shall become effective only upon the written approval of the DOT and the City. 24.This Agreement shall be executed and delivered in two or more copies,each of which so executed and delivered shall be deemed to be an original and shall constitute the same instrument. IN WITNESS WHEREOF,each of the parties hereto had executed this Agreement on the date shown opposite its signature. CITY OF WAUKEE,IOWA By:--------------------Date:// Title _I I,'certify that I am the City Clerk,and that ,who signed said Agreement of and on behalf of the City was duly authorized to execute the same by virtue of a formal Resolution duly passed and adopted by the City,on the day of ________,,1999. Signed __-----,-=------,-----,_ City Clerk Date://--- IOWA DEPARTMENT OF TRANSPORTATION By:-==-------:---=-=c-----=-,-------------Dennis L.Tice,Director Planning and Programming Division Date://--- Passed and Accepted this 12th day ofJuly,1999. ~~Donald L.Bailey,Jr.,Mayor'" ROLL CALL VOTE AYES NAYS ABSENT Nicholas C.Gruber Marvin Berger Robyn S.Heath Bill Peard Larry Lyon x X X X X I