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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 L } '�( ��--C " 62nd �'r,! a �(•. ti�, � � �.� \ AJ° lGL__ :.__ ,� "- "• �g �uj(� Atir._N- IAVE76; � 4`. N G ./ PG�S >i 161st 5_ N _ l W! '. s-.\ 5 +s.,`' ..J \ �.,,.6. '•:�I - } I / `' i . LOM94RGY } W N LE �. / ��"" - 'T;_ - ` j -/ \ c AVE > {r • 6 th 1 ,AVC 6� �h . AvE 60th 6 0t h G7 . V• W � > W • .I OI I •YE . W' � W� � j w• AVE j z > 1 I i �GUGIEY I -' 1 x � � ti - a i ¢� �� '3 0 CJ . .. • =..i -; SR�h i °�+ ader- ,o.w2.7+►'�°+� ...y +K.Fw,�; P 4 w� L`�` x ? M° " 7 fib 1 }'°++ 3-E MLAGOW LAKEi R �. Q!• f t + z d c�i cc -Ji I .- a!I G 56th � aJEK � ¢I. �•� I ,! U) W RESEAf �iCH c SEARCH CENTER ttG �` /ENTER RDf; E. N. _ �� 55rn <' L AVE a > i w > , ,ate • G 1 - + l ����" aj- IriW z '' ", I w - S, RAP Ia:.u 't -A_ ��� I I, Fr' t • m > e a' Q.i a + r -fir- -i r �` q ? I + z I n r 1l1B__ 1 ( J "_ � ) h 5 4Tri .b$ / 5;8ENCE CFY =F� OP. ,�... -... � .:t ' 'mot - �J AV N. .Ell I I I v ! : � t _ �Y$Lt� � -- Cr( �'Z ( ">, j x v' "Rpl' 2 wi• 1L -`?J r S L %IJB R R'!'o. '. > Q1'�zi `''' '>i'AVE i��'i! N. � � 52nd a• +.E -. �' ' \` { / '1'c t, ��L/ YI� - - - l�5rs =J AJ - a �Er o 51s Avr � -,O> SOt4 AJt N c; e.r .. ' -i ,� l � m t ` zz -(50th AVE ( / \` P - r '2EAL4 1 )� -' 4. pECAT'v? .ORVALLIS VIRGI "114 CIR. _ - _.v �, -, - - -_= fA:R+,YIEW r, Z' �� ai: ! 6 4 J 1/2 CSR �O h a71/2 P'_ E 49Th . a -- - -M I >li+<',F -N- .� FA,Rr1EK �. V ` 6 th 1 1 I �C i' iJ! y �9`� t .F,• ', \ \F�q'•t4AYE� C,�i 481hil_JIAV� r -- � I 'at 8J 1 t ui:- .�E N tt z ( a'� -! .-6 •7. 11 �C. {�?r"}( - '_- f W t ' _ �i i 47 h_ a ' ~ I _� ;/ S_ `t u !nJ > _ � w ! 47 v g 4°. ,'' r-- 11 • t ,r+' � '; �` �: .DEL - " GR _ �' � a • � > ! :.11 ;�-�__ , z�i._ .• \ �r' d �� � i 47� AlE.. I i45 1L ;� l tt� N PL I tr z n I t 5 \ <�rY ✓��I w L. l 51/2 W I i( 1. - ,_,. - • >Ir - _ -- �' 1 1�`t 45 lth l` Ai E.N -- a -- A'!E 21.- -� �..- --�. �44'h /C �I - � - W EP£�AJEv�i �( -J c3,d AVE t� �\ { r.. -az - � ° / fC•RG_ �� ( 9 ) t �! .41 A isr rE AV o I FJ .i4 s1 I z a d:'a 'I I l /, j 1 W;`G �wI U "'r;' GI T� , c ' Wii'4 l V Q`JE.!', ' z I -ji 0ll:� 40th A,E N i - �NWCp t;o� . AVE v F.' FA NO', f6i C/ I. .. \ i , r� L\ � _ \F / w!i r. r, t o off •.w 1 � / +j' �``:'�`. � j� .4vE v ��N - - ��� , � 3 §b`� pJF. t `" �i�l� f� -jam l_ I ,a. r E.. 6 ' ' Daft Cf r o l�> - � n �, y 7� 3k: 6 •.0 @ rl - -G 9 O tl a b NGRr T ,: ti'. w ONEt =hkCOp ► .\ i ¢ MA RKwOCO G? O CIR. AVE 3 th !06 V - ` 35I thI�SJ.�o IAV£ " 35 �\la x hl� 41i .,5t 1 * 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