Imp. Proj. #553s
Originating Department A• s • .' for Agenda .a Section
r • 9-27-99
Consent
it
B Guy Johnson I
6.11
RESOLUTION AUTHORIZING AND DIRECTING MAYOR AND CITY MANAGER TO SIGN
THE RAILROAD CROSSING SIGNALS AND SURFACE AGREEMENT NO. 76613
(PROJECT 553)
REQUESTED ACTION
Staff is recommending that the Council approve a resolution authorizing and directing the
Mayor and the City Manager to sign the Railroad crossing Signals and Surface Agreement
Number 76613.
BACKGROUND
The Council approved a resolution on January 8, 1996, authorizing staff to apply for funds from
the Minnesota Department of Transportation's Railroad- Highway Grade Crossing Safety
Improvement Program for the crossing on 49 Avenue, west of Nevada Avenue. The
agreement is for this project that was approved by the State.
The estimated cost of the signals is as follows:
90% State Funds (reimbursable with Federal Funds) $104,121.00
10% Local Agency Funds $11,569.00
Total Estimated Cost of Signals $115,690.00
The estimated cost of the surface is as follows:
90% State Funds (reimbursable with Federal Funds) $60,742.80
10% CP Rail Funds $6,749.20
Total Estimated Cost of Surface $67,492.00
TOTAL ESTIMATED COST OF PROJECT $183,182.00
The City's share of the estimate could possibly increase another $2,300. In addition to the
$11,569, the City would be responsible for detour signage, pavement markings when project is
completed, and adjustments to the approaching road surfaces if needed.
K03
I
A;JW *Kr .
t: Rfa\ Pubworks \553Rai1roadCrossingAgree
Request for Action
Railroad Crossing Agreement (Project 553)
September 27, 1999
FUNDING
Funding for the City's portion of the project is available in the Road & Bridge Fund.
ATTACHMENTS
Attached please find a copy of the agreement and a resolution.
OTHER INFORMATION
Originally, the City was to be responsible for about 20% of the entire cost or much more than is
currently anticipated. The State stepped in and is now picking up additional costs.
RESOLUTION NO. j2-_142
RESOLUTION
AUTHORIZING AND DIRECTING
MAYOR AND CITY MANAGER TO SIGN
THE RAILROAD CROSSING SIGNALS AND
SURFACE AGREEMENT NO. 76613
Improvement Project #553
BE IT RESOLVED by the City Council of the City of New Hope as follows:
WHEREAS, a railroad crossing at grade currently exists on 49`h Avenue North just west
of Nevada Avenue North near the New Hope Ice Arena; and
WHEREAS, it is in the best interest of the City of New Hope to cooperate with the
Minnesota Department of Transportation and the Soo Line Railroad Company D /B /A C.P. Rail
System to construct a grade crossing provided with railroad flashing light signals with gates and
circuitry, and
WHEREAS, the Railroad Crossing Signals and Surface Agreement No. 76613 sets forth
an agreement to construct said grade crossing at the location referred to above.
1. The City Council of the City of New Hope hereby approves Railroad Crossing
Signals and Surface Agreement No. 76613.
2. The Mayor and City Manager are hereby authorized and directed to sign Railroad
Crossing Signals and Surface Agreement No. 76613 on behalf of the City.
Dated the 27th day of September , 1999.
W. Peter Enck, Mayor
Attest: !'
Valerie Leone, 6ty Clerk
P:;Atwm y \SAS\DmumenmNCNH10030-01- Railroad R Iudmwpd
so
t tw a
GORDON L. JENSEN*
WILLIAM G. SWANSON
STEVEN A.SONDRALL
MARTIN P. MALECHA
C. ALDEN PEARSONt
DEAN A. TRONGARDt
JULIE A. THILL
OF COUNSEL
LORENS Q.BRYNESTAD
*Real Property Law Specialist
Certified By The
Minnesota State Bar
Association
tQualitied ADR Neutral
JENSEN SWANSON & SONDRALL, P.A.
Attorneys At Law
8525 EDINBROOK CROSSING, STE. 201
BROOKLYN PARK, MINNESOTA 55443 -1999
TELEPHONE (612) 424 -8811 • TELEFAX (612) 493 -5193
E -MAIL jsS @jSSpa.COm
September 17, 1999
Guy Johnson
Director of Public Works
City of New Hope
4401 Xylon Avenue North
New Hope, MN 55428
Re: City /Soo Line /MinDOT Railroad Crossing Signals and Surface Agreement
Our File No.: 99.10030
Dear Guy:
Enclosed are the five (5) original contracts regarding the signal crossing on 49`' Avenue
North just west of its intersection with Nevada Avenue North. We recommend that the
City enter into this agreement. Also enclosed is a copy of a September 16, 1999 memo
from Marty Malecha commenting on the agreement. I agree with the comments made by
Marty in said memo.
Also enclosed is a Resolution authorizing and directing the Mayor and the City Manager
to sign the agreement. Please contact me if you have any questions or comments
concerning the agreement or resolution.
Very truly yours,
Steven A. Sondrall
JENSEN SWANSON & SONDRALL, P.A.
Enclosures
cc: Valerie Leone
Mark Hanson
CNHI0030 -01 -Guy Ltr.wpd
4401 Xylon Avenue North City Hall: 612 - 531 -5100
City Hall Fax: 612 - 531 -5136
New Hope, Minnesota 55428 -4898 Police: 612 - 531 -5170
Police Fax: 612 - 531 -5174
Public Works: 612- 533 -4823
Public Works Fax. 612. 533 -7650
TDD: 612 -531 -5109
Fire Dep't, Fax: 612 - 531 -5175
October 5, 1999
Mr. Mark Hanson
Bonestroo, Rosene, Anderlik & Associates
2335 West Trunk Highway 36
St. Paul, MN 55113
Subject: Railroad Crossing Signals and Surface Agreement No. 76613 (Project No. 553)
Dear Mark:
Enclosed are five agreements relating to the 49 Avenue Railroad Crossing. As you know the
New Hope City Council approved the agreement at its meeting of September 27, 1999, and
subsequently executed the agreements.
Please forward the documents to the State of Minnesota and /or Soo Line Railroad for
signatures. Following necessary signatures please request that a fully executed agreement is
returned to my attention.
Sincerely,
�4�-
Valerie Leone, CMC
City Clerk
enc.
cc: Guy Johnson, Director of Public Works
Family Styled City rv� For Family Living
Bonestroo, Rosene, Anderlik and Associates, Inc. is an Affirmative Action /Equal Opportunity Employer
Principals: Otto G. Bonestroo, PE. • Joseph C. Anderlik, P.E. • Marvin L. Sorvala, P.E.
Glenn R. Cook. P.E. • Robert G. Schunicht. PE. • Jerry A. Bourdon, P.E. -
Robert W. Rosene, PE., Richard E. Turner, PE. and Susan M. Eberlin, C.P.A., Senior Consultants
Associate Principals: Howard A. Sanford, P.E. • Keith A. Gordon, PE. • Robert R. Pfefferle, P.E.
Richard W. Foster, PE. • David O. Loskota, P.E. • Robert C. Russek, A.I.A. • Mark A. Hanson, PE.
Michael T. Rautmann, PE. • Ted K.Field, P.E. • Kenneth P. Anderson, PE. • Mark R. Rolfs, P.E.
Sidney P. Williamson. P.E., L.S. • Robert F Kotsmith • Agnes M. Ring • Allan Rick Schmidt, PE.
Offices: St. Paul, Rochester, Willmar and St. Cloud, MN • Milwaukee. WI
Website: www.bonestroo.com
October 7, 1999
Ms. Susan M. Gergen
Minnesota Department of Transportation
Office of Freight, Railroads & Waterways
395 John Ireland Blvd., MS 470
St. Paul, MN 55155 -1899
Re: 49 Avenue Railroad Crossing
New Hope, Minnesota
Our File No. 34 -98 -810
Dear Ms. Gergen:
Enclosed, please find five (5) copies of Agreement 76613 for railroad crossing signals and
surface at 49` Avenue North (MSAS 107) in New Hope, Minnesota. The enclosed agreements
have been signed by the City. Following necessary signatures, please forward a fully executed
agreement back to our office for the City of New Hope.
Please contact me at (651) 604 -4867 if you have any questions or comments concerning this
mailing.
Sincerely,
BONESTROO, ROSENE, ANDERLIK & ASSOCIATES
Tracy M. Ryan
Enclosures
cc: Mark Hanson, Bonestroo and Associates
Vince Vander Top, Bonestroo and Associates
Valerie Leone, City of New Hope
Guy Johnson, New Hope Public Works
2335 West Highway 36 ■ St. Paul, MN 55113 ■ 651 - 636 -4600 ■ Fax: 651 - 636-1311
Phone: 651/296-0355
Fax: 651/297 -1887
651/296 -2481
jerry.dempsey@dot.state.mn.us
Jim Krieger
Engineer of Public Works
Canadian Pacific Railway
105 S. 5th St. P.O. Box 530
Minneapolis, MN 55440
Re: US DOT No.:
S.P..
Minn. Project:
Location:
Agreement No.:
File No.:
Dear Mr. Krieger:
854220E
27 -00227
STPX 2700(015)
49` Ave. N. (MSAS 107)
New Hope, Hennepin County, MN
76613 (new lights, gates, circuitry and crossing surface)
F -881
Enclosed is one fully executed copy of the above referenced agreement. You may consider this letter
as your authorization to proceed with the work set forth in the agreement.
Signal plans need to be turned into this Office ASAP. Only work shown on approved plans
will be eligible for reimbursement of costs. The road authority should be contacted before any
work begins; contact is the City of New Hope.
If you have any questions or concerns, please contact me anytime.
Jerryd/. Dempsey, Project
Railroad Administration
Enclosures: Agreement No. 76613
cc: City of New Hope Engineer (Mark Hanson) + Agmt. {Bonestroo Rosene & Assoc
Project Accounting (M.S. 215) + Agmt.
Federal Aid (M.S. 215) + Agmt.
State Aid Engineer, Metro
N. Rodrigues, Investment Management, M.S. 440
An equal opportunity employer
AGREEMENT
76613
USDOTNO
854220E
DATED
DEG F
S.P.
27 -00227
MINN. PROJ.
STPX 2700(015)
FUNDS
Federal, City, and
Railroad
Railroad Crossing Signals and Surface
49' Avenue N. (MSAS 107)
New Hope, Minnesota
Hennepin County
Soo Line Railroad Company
Standard Agreement "A"
Dated June 15, 1999
THIS AGREEMENT, made and entered into by and between the CITY OF NEW HOPE,
hereinafter called the "Local Agency "; the SOO LINE RAILROAD COMPANY (DB /A
CANADIAN PACIFIC RAILWAY), hereinafter called the "Company "; and the
COMMISSIONER OF TRANSPORTATION, STATE OF MINNESOTA, hereinafter called the
"State ", WITNESSETH:
WHEREAS, the Federal Highway Administration, when acting in cooperation with the
State of Minnesota, is authorized by Section 130 of Title 23 of the United States Code to make
Federal Aid available for the purpose of eliminating hazards at railroad grade crossings within
the State of Minnesota; and
WHEREAS, the State, pursuant to Minnesota Statute Section 161.36, is authorized to
cooperate with the United States Government in contracting for the construction, improvement
and maintenance of roads and bridges not included in the trunk highway system which are
financed in whole or in part by federal moneys; and
WHEREAS, 49' Avenue N. (MSAS 107), as now established, crosses the track of the
Company at grade in New Hope, Hennepin County, Minnesota, the location of said crossing and .
railway track being shown on the print hereto attached, marked Exhibit "B "; and
AGREEMENT NO. 76613
WHEREAS, the Local Agency and the Company desire that said grade crossing be
provided with railroad flashing light signals with gates and circuitry, and the Company is willing
to install, maintain and operate such signals upon the terms and conditions hereinafter stated; and
WHEREAS, the State, pursuant to Minnesota Statute Section 219.26, has reviewed the
proposed selection of warning devices for the railroad grade crossing and has determined that the
proposed selection is appropriate for said crossing; and
WHEREAS, the Local Agency and the Company desire that the crossing surface be
replaced with a "high performance" type surface, and the Company is willing to install and
maintain the surface upon the terms and conditions hereinafter stated.
NOW, THEN, IT IS AGREED:
1. EXHIBITS
The State of Minnesota, Department of Transportation, "Standard Clauses for Railway
Highway Agreements ", dated June 15, 1 999, is attached hereto as Exhibit "A ", and hereinafter
referred to as "Standard Clauses ". Except as hereinafter expressly modified, all of the terms and
conditions set forth in the "Standard Clauses" are hereby incorporated-by reference and made a
part of this agreement with the same force and effect as though fully set forth therein.
Exhibit "B ", the location print; Exhibit "C ", the detailed cost estimate; and Exhibit "D ",
the Agreement Estimate Summary, are attached hereto and made a part of this agreement.
2. WORK PERFORMANCE AND TIME SCHEDULE
The Company shall furnish all material for and with its regularly employed forces install
a complete railroad crossing signal system on 49" Avenue N. (MSAS 107), as indicated on
attached plan marked Exhibit "B ". The placement of the signals shall be in accordance with Part
VIII of the Minnesota Manual on Uniform Traffic Control Devices (MMUTCD). Detailed plans,
specifications and the work to be done shall be subject to the approval of the Department of
Transportation of the State of Minnesota.
-2-
AGREEMENT NO. 76613
The Company shall furnish all material for and with its regularly employed forces install
the crossing surface on 49' Avenue N. (1v1SAS 107), as indicated on attached plan marked
Exhibit "B ". Detailed plans, specifications and the work to be done shall be subject to the
approval of the Department of Transportation of the State of Minnesota. Once surface work in
the field has begun, it shall be completed within 10 working days.
It shall be the joint responsibility of the Company and the Local Agency to agree upon the
elevation and superelevation of both roadway and tracks before construction begins. Any work
done which is incompatible with such understandings shall be redone at the expense of the erring
party.
If the Company determines that it is unable to perform all or a portion of the work with its
own forces or equipment, it may contract the work only after notifying and receiving approval to
proceed from the State. The selection of a contractor shall be subject to approval by the State
prior to the awarding of the contract.
Work by the Company shall be prosecuted so as to be completed within 12 months after
the date the Company is authorized to begin work. If the Company determines it is not possible
to complete the work within the period herein specified, it shall make a written request to the
State for an extension of time for completion, setting forth therein the reason for such extension.
The Daily Utility Report provided for in Article 6a of the Standard Clauses, Exhibit "A ",
shall not be required if the duration of the construction work is expected to last 10 working days
or less.
3. COST ESTIMATE
The actual costs of the project herein contemplated, including preliminary engineering
costs, are to be financed with Federal, Local Agency and Company Funds. The State and Local
Agency will reimburse the Company as provided herein for only such items of work and expense
as are proper and eligible for payment with Federal Funds. Only materials actually incorporated
into the project will be eligible for Federal reimbursement.
-3-
AGREEMENT NO. 76613
The State's portion (reimbursable with Federal Funds) and the Local Agency's portion
will be paid to the Company in accordance with Article 7 of the Standard Clauses, Exhibit "A ".
It is understood that the following estimate is for informational purposes only. The estimated
cost of the work to be done by the Company hereunder with its own equipment and regularly
employed forces and in accordance with the Company's agreements with such regularly
employed forces is as follows and in further accordance with the detailed estimate, Exhibit "C ",
and summarized in Exhibit "D ".
Estimated Cost of Signals
90% State Funds (reimbursable with Federal Funds)$104,121.00
10% Local Agency Funds $11,569.00
Total Estimated Cost of Signals $115,690.00
Estimated Cost of Surface
90% State Funds (reimbursable with Federal Funds) $60,742.80
10% Company Funds $6,749.20
Total Estimated Cost of Surface $67,492.00
TOTAL ESTIMATED COST OF PROJECT $183,182.00
The State's total financial obligation shall not increase without its approval and the encumbrance
of additional funds. The total obligation under this Agreement is limited to the total amount
listed above as "Total Estimated Cost of Project." However, this obligation may be increased to
120 percent of the "Total Estimated Cost of Project" listed above if the Company performs work
that is previously accepted in writing by the State and additional money was encumbered. The
State reserves the right to not participate in project costs incurred without its prior consent.
Notwithstanding any provision to the contrary, the State's and Local Agency's total financial
obligation under this Agreement shall not exceed the "Total Estimated Cost of Project" plus 20
percent, of which the State shall pay 90 percent and the Local Agency shall pay 10 percent.
M
AGREEMENT NO. 76613
In the event it is determined that a change from the statement of work to be performed by
the Company, as outlined in the detailed estimate, Exhibit "C ", is required, it shall be authorized
only by an amendment to this agreement executed prior to the performance of the work involved
in the change.
In the event it is found that the work has not changed from the said statement of work to
be performed by the Company, but the estimated amount in this agreement is less than the actual
cost of performing the work, then an increase in eligible reimbursement will be allowed to the
extent of such actual cost without an amendment in accordance with Section 3 of this Agreement
and Article 8 of the Standard Clauses, Exhibit "A ".
5. MAINTENANCE
The grade crossing signal system provided for in this agreement shall be maintained and
operated by the Company upon completion of its installation. The obligation to maintain said
signal system shall continue in accordance with the law of the State as it shall be from time to
time in the future.
In accepting federal or state funding for the crossing surface, the Company agrees to
maintain the crossing with the same type of surface material for the anticipated service life of the
installed material. If the Company wishes to change the type of surface material during this
period, it must notify and receive the concurrence of the other parties to this agreement. Damage
done by either the Local Agency or the Company to the crossing surface material must be
repaired as soon as practicable by the Company. The party or parties responsible for the damage
shall be responsible for the cost of the repairs.
When the crossing surface needs to be replaced at the end of the anticipated service life of
the installed material, the affected parties will negotiate a new agreement concerning the renewal
of the crossing surface in accordance with the statutes that are in existence at the time.
-5-
AGREEMENT NO. 76613
6. FUTURE REMOVAL
The signal system and/or the crossing surface provided for in this agreement shall not be
removed unless there has been a determination by the State that said signal system and/or
crossing surface are no longer required at this location. If the signal system and/or crossing
surface are to be removed, the Company shall notify the State of their pending removal. Upon
request of the State, the Company shall reinstall said signal system and/or crossing surface at
some other crossing within the State on the Company's tracks. The location and division of cost
of such relocation shall be agreed upon between the Company and the State prior to such
removal.
In the event that either railway or highway improvements will necessitate a rearrangement
of the signal system and/or crossing surface at said crossing, the party whose improvement
causes said changes will bear the entire cost of the same without obligation to the other.
7. DETOURS AND WORK ZONE TRAFFIC CONTROL
If there is a need for a road detour in connection with the installation of said signal system
and/or crossing surface, it shall be the Local Agency's responsibility to set up the road detour and
detour signing. It is understood that the Company shall coordinate any necessary road detour
with the Local Agency prior to the starting date. The Local Agency shall bear all costs involved
in setting up the road detour.
If a road detour is not feasible, the Local Agency shall furnish, erect and maintain all
necessary traffic control devices required to provide safe movement of vehicular traffic through
the project area during the entire period from the beginning of construction to the final
completion thereof. Traffic control devices include, but are not limited to, barricades, warning
signs, trailers, flashers, cones, drums, pavement markings and flagmen as required and sufficient
barricade weights to maintain barricade stability. The Local Agency shall be responsible for the
immediate repair or replacement of all traffic control devices that become damaged, moved or
destroyed, of all lights that cease to function properly, and of all barricade weights that are
damaged, destroyed or otherwise fail to stabilize the barricades.
In
AGREEMENT NO. 76613
8. SIGNING AND PAVEMENT MARKINGS
Subsequent to the installation of said signal system and crossing surface, the Local
Agency agrees to install, as may be needed, appropriate advance warning signs, other
supplemental signs and pavement markings in accordance with the Minnesota Manual on
Uniform Traffic Control Devices (MMUTCD). The Local Agency agrees to install said signs
using wide -angle prismatic retroreflective sign sheeting material. The Local Agency also agrees
to remove signs that are no longer needed as a result of said signal installation.
The Local Agency shall bear all costs associated with adjusting the roadway surface to
match the new railroad grade crossing surface. The Local Agency shall also be responsible for
installing sidewalks, as may be needed, up to the end of the ties.
The Company shall be responsible for installing sidewalks, as may be needed, between
the ends of the ties. The Company shall also be responsible for installing material between the
ends of the ties to the elevation of the top of the rail in the median between divided roadways
and/or in the boulevard between the roadway and sidewalk.
Any party to this agreement may assign any receivables due them under this agreement,
provided, however, such assignments shall not relieve the assignor of any of its rights or
obligations under this agreement.
-7-
AGREEMENT NO. 76613
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be duly executed.
By:
Title: fi)&�Vc)k
V
Dated: q-� 7
BY:
- title:
Dated: -5C 7- 2
By:
Tid e: r:;Re
Dated:
Attest: liu�
Title:
Dated:
Recommend
fid for An T al-
1-
bire cio" Administration
STATE OF MINNESOTA
Commissioner of Transportation
By:
Director
Office of Freight, Railroads & Waterways
Dated: 2� v - /4 1 " 9 YY
Dated: Ala i b , I <,- 'i S
FOX lag: M11 0 1 13
Department of Administration
ORIGMAL SIGNED 8 Y
By:
Authorized Sig "& 4 1999
Dated: HEATHER C PICKETT
10
AGREEMENT NO. 76613
RESOLUTION
BE IT RESOLVED, that the City of New Hope enter into an agreement with the Canadian
Pacific Railway Company and the Commissioner of Transportation for the installation and
maintenance of railroad crossing signals and surface at the intersection of 49 Avenue N. (MSAS
107) with the tracks of the Canadian Pacific Railway Company in New Hope, Minnesota, and
appointing the Commissioner of Transportation agent for the City to supervise said project and
administer available Federal Funds in accordance with Minnesota Statute, Section 161.36. The
City's share of the cost shall be 10 percent of the total signal cost and zero percent of the total
surface cost..
BE IT FURTHER RESOLVED, that the )� ' _ and (�
ide) (Title)
be and they are hereby authorized to execute said agreement for and on behalf of the City.
Dated this day of p a L /A &®-
STATE OF MINNESOTA
CITY OF NEW HOPE
)ss CERTIFICATION
)
I hereby certify that the foregoing Resolution is a true and correct copy of a Resolution
presented to and adopted by the City Council of the City of New Hope at a duly authorized
meeting thereof held in the City Hall at New Hope, Minnesota, on the 7 day of
19, as disclosed by the records of said City Council in my possession.
City Clerk
&I
AGREEMENT NO. 76613
CITY OF NEW HOPE SIGNATURE ACKNOWLEDGMENT
STATE OF
)ss
COUNTY OF 11 e 4,) J
I
This instrument was acknowledged before me on this,, P day of 1995
by 17,t 6ALL the A&La L
(Name) (Title)
and boj)/� I I 1601 cthtic the
(Name) (Title) ff
of the City of New Hope and did execute this instrument on behalf of the City intending to be bound
thereby.
-10-
AGREEMENT NO. 76613
CORPORATE ACKNOWLEDGMENT FOR THE SOO LINE RAILROAD COMPANY
4
STATE OF
r )ss
County of G1
On this 29 day of (! ;V . 19 , before me appeared to me personally
of
>rporation; that the
seal affixed to the foregoing instrument is the corporate seal of the corporation, and that said
instrument was executed in behalf of the corporation by authority of its board of director; and
they acknowledged said instrument to be the free act and deed of the corporation.
c 3
NOTARY PUBLIC 7
-11-
known, who being by me duly sworn, did say that they are respectively
STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
STANDARD CLAUSES
FOR
RAILROAD- HIGHWAY CONSTRUCTION AGREEMENT
JUNE 15, 1999
Before this Agreement shall become binding and effective, it shall have received the approval of such State
officers as the law may provide in addition'to the Commissioner of Transportation.
The laws of the State of Minnesota shall govern all questions as to the execution, nature, obligation,
construction, validity and performance of this Agreement.
It is expected that all work, inspections, billings, audits and payments shall be accomplished within three
years from the date of the Agreement. Any extension of the three year limit shall be with the approval of
all parties to the Agreement.
In the event STATE cannot or does not obtain funding from the Minnesota Legislature, or funding cannot
be continued at a level sufficient to allow, for the purchasing of the services and/or goods contained herein,
this Contract may be immediately canceled, at STATE'S option, by written notice of cancellation delivered
in person, by mail, or via facsimile to COMPANY at the address specified in this Contract. STATE will
not be obligated to pay for any services and/or goods provided by COMPANY after such notice of
cancellation.
::111 , IRRI-1 ,110701 • ,
It is further agreed by and between the parties hereto, notwithstanding anything to the contrary, that the
Commissioner of Transportation of the State of Minnesota is acting in an official capacity only and shall
not be personally responsible or liable to the Company or to any person or persons whomsoever for any
claims, damages, actions, or causes of action of any kind or character arising out of or by reason of the
execution of this Agreement or the performance or completion of the project provided for herein.
EXHIBIT "A" - PAGE 1 OF 5
The provisions contained in Federal -Aid Policy Guide, Chapter 1, Subchapter G, Part 646, Subpart B and
Chapter 1, Subchapter B, Part 140, Subpart I, shall apply to the railway- highway project, regardless
of the method of financing the project.
The Company agrees that its representative in charge of the work set forth in this Agreement shall furnish
the State's Engineer in charge of the project:
a) "Form 21191, Minnesota Department of Transportation, Daily Utility Report", or equivalent
approved by the State's engineer showing the number ofpeople on payroll, classification, and
total hours worked, and equipment used, at a time mutually agreed upon by the Company
and the State.
b) Full detailed information as to progress of work and amount of labor and material used as
of the time of request.
In addition to the foregoing records and acts, the Company will, from to time, make other reports, keep
other records and perform other work in such manner and time as may be necessary to enable the State to
collect and obtain available federal aid.
To the extent set forth in this Agreement, the State will reimburse the Company for actual expenses incurred
performing the work set forth in this Agreement. Payments will be made in accordance with the following:
a) No more than 90% of partial bills marked "Progressive Bill No. 1, No. 2, etc." or "First,
second, etc." signed by an officer of the Company, rendered in duplicate. Partial bills shall
be based on actual costs that can be substantiated by checking the Company's records but do
not need to be in detail or,
b) No more than 90% of final bill marked "Final ", signed by an officer of the Company,
rendered in duplicate in accordance with Federal -Aid Policy Guide Chapter 1, Subchapter
B, Part 140, Subpart 1. Said final bill shall be a complete, detailed and itemized statement
of all items of work performed by the Company, as shown in the appropriate exhibit or
exhibits attached to this Agreement.
c) Final payment will be made after audit of the final bill. The Company shall keep account
of its work in such a way that said accounts may be readily audited. In the event that any
amount previously paid to the Company is in excess of the actual cost determined by audit,
the Company, upon notice of the State, shall pay to the State the difference.
EXHIBIT "A" - PAGE 2 OF 5
If the cost of a project is being shared by the State and other parties, each party should receive a bill setting
forth their proportional share of the costs whenever a project billing is submitted.
The Company and/or Local Agency shall permit and the State shall have the right to inspect and approve the
work performed under this Agreement during the regular working hours of the Company without prior
notice. The State may refuse to approve any and all work performed under this Agreement for failure to
comply with applicable standards for work of that type. If the State fails to approve the work performed
under this Agreement, the State may refuse to make any further payments under this Agreement until the
work at issue is performed in accordance with acceptable standards for work of this type and said work is
approved by the State.
The Company and/or Local Agency warrants that it shall perform all work under this Agreement in a
workmanlike and timely manner in accordance with all applicable standards for work of the type at issue.
Should the work fail to be performed in a timely manner or in accordance with applicable standards, the
State may immediately suspend further payments under this Agreement and the Company shall repay all
funds expended on unsatisfactory work.
If it appears to the Company, at any time subsequent to the date of this Agreement and prior to the final
completion of such work, that the actual cost of the project will exceed the estimated cost, the Company
shall send written notification to the State. The written notification shall explain the reasons for the
additional costs and the amount of the such costs. Subsequent to the State's review and approval, additional
funds will be encumbered. Notice of the State's approval will then be sent to the Company which will have
the affect of amending this Agreement so as to include the supplemental cost of such work.
As provided by Minnesota Statutes Section 16C.05, subdivision 5, all books, records, documents, and
accounting procedures and practices of the Company and/or Local Agency relevant to this Agreement are.
subject to examination by the State, the Legislative Auditor and the State Auditor. .
1 • 1' 1 1 � !
If the Company enters into a contract or agreement with a contractor, to perform all or any portion of the
Company's work set forth in this Agreement, the Company for itself, its assigns and successors in interest,
agrees that it will not discriminate in its choice of contractors and will include all of the nondiscrimination
provisions set forth in this Agreement.
EXHIBIT "A" - PAGE 3 OF 5
11. DISADVANTAGED BUSINESS ENTERPRISE
The disadvantaged business enterprise requirements of 49 C. F. R. , Part 23, apply to this Agreement. The
Company shall insure that disadvantaged business enterprises as defined in 49 C. F. R. , Part 23, have the
maximum opportunity to participate in the performance of contracts, financed in whole or in part with
federal funds. In this regard, the Company shall take all necessary and reasonable steps in accordance with
49 C. F. R. , Part 23, to insure that disadvantaged business enterprises have the maximum opportunity to
compete for and perform any contracts awarded under this Agreement. The Company shall not discriminate
on the basis of race, color, national origin, or sex in the award and performance of contracts under this
Agreement. Failure to carry out the above requirements shall constitute a breach of this Agreement, and
may result in termination of this Agreement by the State, and possible debarment from performing other
contractual services with the Federal Department of Transportation.
12. YEAR 2000 COMPLIANCE WARRANTY
The Company shall ensure that any purchased hardware and software for use in this project and used before,
during, and after the turn of the century shall not experience abnormal ending and/or product invalid or
incorrect results in the operation of the business of the State. in the event of any recognition, calculation,
or indication of century problems related to the Year 2000, the Company shall ensure that all necessary code
adjustments are made at no cost to the State so that the code and databases used on this project are "Year
2000 Compliant." The warranty shall be in effect until December 31, 2000 or one year after system
production, whichever is later.
Year 2000 Compliant: "Year 2000 Compliance" means that information resources meet the following
criteria and/or perform as described:
a) Data structures (databases, data files, etc.) provide 4 -digit date century recognition. Example:
"1996" provides "date century recognition," "`96" does not.
b) Stored data contains date century recognition, including (but not limited to) data stored in databases
and hardware /device internal system dates.
c) Calculations and program logic accommodate both same century and multi - century formulas and
data values. Calculations and logic include (but are not limited to) sort algorithms, calendar
generations, event recognition, and all processing actions that use or produce data values.
d) Interfaces (to and from other systems or organizations) prevent non - compliant dates and data from
entering or exiting any state system.
e) User interfaces - (i.e. screens, reports, etc.) accurately show 4 -digit years (if critical to business
functions).
f) Year 2000 is correctly treated as a leap year within all calculations and calendar logic.
EXHIBIT "A" - PACE 4 OF 5
_
Non - Discrimination Provisions of Title VI of the Civil Rights Act of 1964
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 Regulations of the Department of Transportation
relative to nondiscrimination in federally- assisted programs of the Department of Commerce (Title 49, Code of
Federal Regulation, Part 21, hereinafter referred to as the Regulations), which are herein incorporated by reference
and made a part of this contract.
(2) Nondiscrimination: 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 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 ".
(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 obligation under this contract and the Regulations relative to discrimination on the
ground of 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 Department of Transportation or the Federal
Highway Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions.
Where any information required of a contractor is in the exclusive possession of another who fails or refuses to
furnish this information, the contractor shall so certify the Department of Transportation, 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 contractor's noncompliance with the nondiscrimination provisions
of this contract, the Department of Transportation 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 Department of Transportation 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
contractor 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 "A" - PAGE 5 OF 5
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* PROPOSED BUNGALOW LOCATION
SCALE 1"= 20'
CP
RAIL
1AVY HAU� US
SIGNALS & COMMUNICATIONS " MN NEAPOLIS
DOT #
854220E
LOCATION SKETCH
49TH AVENUE NORTH
NEW HOPE, MINNESOTA
LS # MN75
DATE 99-05-20
DRAWN
JT8
PLAN NO. H-MNS007-82-OX-0
CANADIAN PACIFIC RAILROAD COMPANY
GRADE CROSSING WARNING
DEVICES
STREET: 49th AVENUE DOT
#85422OE
CITY: NEW HOPE STATE: MN
---------------------------------------------------------------------
ITEM DESCRIPTION
; UNIT ;
QTY
; COST
---------------------------------------------------------------------
Half Roadway Gates w /Flashing Light Signals
Each
2
17,479
Bungalow
Each
1
5,895
Foundations
Each
2
353
Rectifier
Each
2
1,492
Light Out Detector LOD -1
Each
1
593
Lighting Transformer
Each
1
310
Neutral Relays
Each
8
3,888
Phase Motion Detector PMD -3R
Each
1
12,980
Storage Battery
Cells
19
3,951
Case Wire Material
Lot
1
1,815
Underground Cable
Lot
1
3,377
A.C. Service
Each
1
500
Bonds and Rail Connections
Each
100
298
Highway Crossing Analyzer - Complete
Each
1
2,516
Pipe, 3" Galvanized
Feet
80
1,463
Signal Material Subtotal
$56,907
Track Material /Insulated Joints
Each
2
300
Material Subtotal
$57,207
Taxes and Stores
8,581
TOTAL MATERIAL
$65,788
Safetran Engineering 2
Safetran Labor 5,120
Safetran Freight 4,100
SAFETRAN TOTAL 11,930
Engineering and Supervision 1,500
Signal Labor 9,000
Safety Signing and Flagging 1,000
Section Crew Labor 300
Accounting Labor 500
TOTAL LABOR $12,300
Labor Additives 61.819 7,603
Employers Liability Insurance 18.159 2,232
Equipment Rentals 2,245
Crew Expenses 3,075
TOTAL LABOR ADDITIVES $15,155
TOTAL ABOVE ACCOUNTS $105,173
CONTINGENCIES 109 $10,517
TOTAL ESTIMATED COST $115,690
OFFICE OF THE CHIEF ENGINEER, MINNEAPOLIS, MINNESOTA
ESTIMATED BY:Q DATE: `d��'�` EXHU � `` :i
IJ3
File No.: 49thAve
WFN
1-22-99
State: MN
Division: PAY
Val.Sec.: Z-1
Sta.: New Hope
Renew 49th Ave N, New Hope, MN (MP 7.81 MN&S)
--------------------------------------------------
Renew existing crossing with 72 foot concrete crossing surface.
Relay rail, ties and ballast.
UNIT
DESCRIPTION UNIT QUANT. PRICE LABOR MAT'L TOTAL
-------------- -----------------------------------------------
MATERIAL
Cross Ties, New 10
EA
Rail 115# N. Welded
LF
Tie Plates 7 3/4 x 13 New
EA
Tie Pads
EA
Trk. Spikes 5/8 x 6
LB
Trk. Spikes 9/16 x 5 1/2
LB
Track Bolts
EA
Washers
EA
Rail Anchors
EA
Compromise Bars
PR
Field Welds
EA
Ballast
CY
Concrete Crossing
LF
Bituminous Paving
NT
Engineering Fabric
LF
Use Tax
$
Stores Expense
$
Transportation NTM
1,009
Ballast Cars
EA
ENGINEERING & ACCTIG
Labor
Labor Additives
75
28.00
2,100
273
12.00
3,276
180
4.28
770
120
0.74
89
Soo
0.26
130
100
0.28
28
24
1.19
29
24
0.40
10
50
1.39
70
4
151.85
607
2
75.00
150
110
9.17
1,009
72
180.00
12,960
80
80.00
6,400
110
2.24
246
27,874
6.50*s
1,812
5,405
12.00
649
50,000
0.021
1,050
2
35.00
70
700
700 68.63*-. 480
LABOR
Remove Existing Xing
LF
72
24.40
1,757
Remove Track Thru Xing
LF
137
15.16
2,077
Remove Fouled Ballast
CY
110
18.94
2,083
Apply Engineering Fabric
LF
110
0.66
. 73
Unload Ballast
CY
110
8.12
893
Rebuild Trk Thru Xing
LF
137
21.56
2,954
Surface Trk Thru Xing
LF
137
8.28
1,134
Install Concrete Xing
LF
72
47.72
3,436
Labor Additives
$
14,407
68.63
9,888
31,455
1,180
24,295
f-V fit - w?
L-ANIBIT U
'2 of 3
OTHER
Equipment
Traffic Control
TOTAL COST-TRACK
SALVAGE
Rail, Scrap
OTM, Scrap
NT 4.6 60.00
NT 1.3 48.00
Project Cost
6,000
4,900 10,900
67,830
(276)
(62) (338)
67,492
EX HIIT
EA
3 ed.
PROJECT ESTIMATE SUMMARY
USDOTNO:
AGREEMENT NO:
SIGNAL PROJECT:
SURFACE PROJECT:
854220E
76613
GATES & CIRCUITRY
HIGH TYPE SURFACE
STATE CROSSING NO:
27-05-617
STATE PROJECT NO:
27-00227
MN PROJECT NO:
STPX 2700(015)
ROAD DESIGNATION:
MSAS 0107
LOCATION:
49TH AVE N
CITY:
NEW HOPE
RAILROAD:
CANADIAN PACIFIC
RAILWAY
ROAD AUTHORITY:
CITY OF NEW HOPE
FILE NUMBER:
F0881
SAFETY CODE:
SG 51
FEDERAL AUTH DATE:
-0-
Project Cost
Federal
Other
Total
Breakdown
Funds
Funds
Project Cost
Signal Work
$ 104,121.00
$
$11,569.00
$
115,690.00
( 90.% Federal)
Surface Work
$ $60,742.80
$
$6,749.20
$
$67,492.00
( 90.4 Federal)
Subtotal
$ 164,863.80
$
$18,318.20
$
183,182.00
Construction
Engineering
$ 0.00
$
0.00
$
0.00
Total
$ 164,863.80
$
$18,318.20
$
183,182.00
NOTE: SOURCE OF OTHER FUNDING:
SIGNALS-- 10 0 -. CITY OF NEW HOPE FUNDS
SURFACE— 10 CP RAIL FUNDS
State Project: 27-00227
MN Project: STPX 2700(015)
AGR: 76613 Safety Code: 5G 51
Railroad: CPR
Location: 49TH AVE N
City: NEW HOPE
Date: 07/01/99 Exhibit: D