HomeMy WebLinkAboutResolution 81-17NO. 60349
RESOLUTION No. 81-17
BE IT RESOLVED, that the City of Columbia Heights enter into an Agreement
with Soo Line Railroad Company and the Commissioner of Transportation for the
installation and maintenance of railroad crossing signals at the intersection
o£ Stinson BOulevard with the tracks of Soo Line Railroad Company in St. Anthony
and Columbia Heights and appointing the Commissioner of Transportatioh agent
for the City to supervise said project and administer available Federal Funds
in accordance with Minnesota Statute, Section 161.36 {1950). The City's share
of the cost shall be S percent of the total cost.
BE IT FURTHER RESOLVED, that the Mayor and City Manager be and they are
hereby authorized to execute said agreement for and on behalf of the City.
Dated this 23 . day of March , 19_~__.
OFFERED: Norberg
SECONDED: Heintz
ROLL CALL: All ayes
Bruce G. Nawrocki, Mayor
.xdo-Anhe Student, L~ouncil Secretary
STATE OF MINNESOTA )
) ss
CITY OF COLU~IBIA HEIGHTS)
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
Columbia Heights at a duly authorized meeting thereo£ held in the City Hall at
Columbia Heights, Minnesota, on the 23 day of March ,
19 8! , as disclosed by the records of said City Council in my possession.
City'Clerk
AGREEMENT NO. 60349
DATED:
$.P. NO. 62-00130
Minn..'Proj. RRO 000S(1)
Railroad Crossing Signals
Stinson Boulevard
Columbia Heights, Minnesota
St. Anthony, Minnesota
SOO LINE RAILROAD COMPANY
RAMSEY COUNTY
ANOKA COUNTY
AGENCY FUNDS
THIS AGREEMENT, made and entered into by and between the CITY OF COLUMBIA
HEIGHTS, hereinafter called "Columbia Heights", CITY OF ST. ANTHONY, herein-
after called "St. Anthony", and the, SO0 LINE RAILROAD COMPANY, hereinafter
called the "Company", and the COS'~ISSIONER OF TRANSPORTATION, STATE OF MINNESOTA,
hereinafter called the "State", WITNESSETH:
WHEREAS, the Federal Highway Administration, when acting in cooperation
with the Transportation Department of the State of Minnesota, is authorized by
Act of Congress 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 (1980),
is authorized to cooperate with the United States Government in supervising
improvements of public highways within the State of Minnesota not included in
the trunk highway system, and to act in disbursing and accounting for Federal
Funds in connection therewith; and
WHEREAS, Stinson Boulevard, as now established, crosses the track of the
Company at grade in St. Anthony, Ramsey County, Minnesota, and Columbia Heights,
Anoka County, Minnesota, the location of said crossing and railway track being
shown on the print hereto attached, marked Exhibit "B", and herein referred to
and made a part of this agreement; and
WHEREAS, the State, after review pursuant to Minnesota Statutes, 1980,
chapter 219 has determined that flashing light signals with cantilevers and
- 1 -
AGREEb~NT NO. 60349
gates is the proper type warning devices for this crossing and the Company is
o
willing to install, maintain and operate such signals upon the terms and
conditions hereinafter stated.
NOW, THEN, IT IS AGREED:
1. The State of Minne~ota, Department of ~ransportation, "Standard
Clauses for Railway Highway Agreements", dated September 1, 1980, 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.
Standard Clauses Nos. 1, 2, 3, 4, 5, Sa, 10 and 11 are deleted from ~his
agreement.
2. The Company shall furnish all material for and with its regularly
employed forces install a complete railroad crossing signal system on Stinson
Boulevard, as indicated on attached plan marked Exhibit "B". The placement of
the signals shall be in accordance with Part VIII of the Manual on Uniform
Traffic Control Devices (MUTCD). 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.
Work of installing this signal system shall be prosecuted so as to be
completed within 12 months after the date the Company is authorized to begin
work.
If the Company shall determine it impossible to complete the work within
the period herein specified, it shall make a written request to the State for
- 2-
¢/-/7
AGREEMENT NO. 60349
an extension of time for completion, setting forth therein the reason for such
extension.
3. The actual costs of the project herein contemplated, including pre-
liminary engineering costs, are to be financed with 90% Federal Funds, 5% Columbia
Heights, and 5% St. Anthony Funds. The State, Columbia Heights and St. Anthony
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.
The State's 90% portion (reimbursable with Federal Funds) will be paid to
the Company in accordance with Article 9 of the Standard Clauses, Exhibit "A".
The Columbia Heights 5% portion and St. Anthony 5% portion will be paid
to the Company when the project has been completed and the Final Bill has been
approved by the State.
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 detailed estimate attached hereto and marked Exhibit
IICII ,
Material
Labor (Including Additives)
Contingencies
TOTAL ESTIMATED COST
'3 -
$43,385.00
$17,163.00
$ 6,055.00
$66,603.00
AGREEMENT NO. 60349
Portion of costs allocated to
Columbia Heights (5% of
actual cost)
Portion of costs allocated to
St. Anthony (5% of actual
cost)
Reimbursable ~ith
Federal Funds
3,330.15
3,330.15
~59~942.70
4. In the event it is determined that a change from the foregoing
statement of work to be performed by the Company is required, it shall be
authorized only by a written change or extra work order issued by the State
prior to the performance of the work involved in the change.
S. The said grade crossing signal system shall be maintained and operated
by the Company upon completion of its installation, but this said 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.
6. The signal system shall not be removed unless there has been a
determination that said signals are no longer required at thiz location. If
the signals are to be removed, the Company upon request of the State shall
reinstall it 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 signals at said crossing, the party whose improvement
causes said changes will bear the entire cost of the same without obligation
to the other.
- 4 -
AGREEMENT NO. 60549
IN WITNESS WItEREOF, the parties hereto have caused this agreement to be
duly executed.
Attest:
CITY OF ST. ANTHONY
Mayor -,? '
City Clerk
In Presence of:
SO0~/~~R. AD COMP~
By:~
Recommended for Approval:
M~.~ger, Railroad Operations
STATE OF MINNESOTA
COMMISSIONER OF TRANSPORTATION
Dated:
Approved as to Form and Execution:
Special Assistant Attorney General
APPROVED: ~'~-i-g/
DEPARI~IENT OF A~ilNISTRATION
By:
Authori zed Signature
-5-
?l
RESOLUTION 81-024
A RESOLUTION AUTHORIZING THE MAYOR AND
CITY MANAGER TO EXECUTE THE AGREEMENT WITH
SO0 LINE RAILROAD COMPANY AND COMMISSIONER OF
TRANSPORTATION FOR INSTALLATION AND
MAINTENANCE OF RAILROAD CROSSING SIGNALS
BE IT RESOLVED, that the City of St. Anthony enter into an Agreement
with Soo Line Railroad Company and the Commissioner of Transportation
for the installation and maintenance of railroad crossing signals
at the intersection of Stinson Boulevard with the tracks of Soo Line
Railroad Company in St. Anthony and Columbia Heights 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 (1980). The City's share of
the cost shall be 5 percent of the total cost.
BE IT FURTHER RESOLVED, that the Mayor and City Manager be and they are
hereby authorized to execute said agreement for and on behalf of the
City.
Adopted this /~ day of ~;~/ , 1981.
ATTEST:
Mayor
City Clerk
Reviewed for administration:
STATE OF MINNESOTA )
) ss
CITY OF ST. ANTHONY)
CERTIFICATION
I hereby certify that the foregoing Resolution is a true and cor-
rect copy of a Resolution presented to and adopted by the City Council
of the City of St. Anthony at a duly authorized meeting ~he~eof held
in the Cit~-Hall0 at St. Anthony, Minnesota, on the /~ _c~ day of
~~ , 1981, as disclosed by the records of
said City ~uncil in my possession.
City Clerk
'1'-17
D~P~MRTIdi~2~T OF ~f~liISi~di~'i'Aq'iON
STAI'~DA~d) C~%US }~
FOR
~ILWAY-HIGI54AY AG~'H~S
S~~ 1, 1980
1. The State will review plans 'and specifications for the con-
struction elTM the gm'ado separation structure and approve the separation of
grades, of the' tracks of the Company ,and of the trunk highway, as shown in
the plans and specifications referred to in tkis agreemsnt.
2. The State ag',-~ees to let a contract pursusz~t to law for the con-
stz~ction of the hi,away project referred to in this a,ffreement, in accordance
with said plans mud specifications .referred 'to in this agreement.
5. The State a&~eSs that all work provided to be done by the State
on the rig~ht of way of the Company shall be performed and completed in
accordamce with said plans and specifications in a r~mer satisfactory to
the Chief ~g~eer of the Company, or his authorized representative. The
State ag~rees t~t ~W contract let by it, for the perforr~mce of ~y const~c-
tion work contemplated by this a~eement, will require the contractor to
comply with all of the provisions relatinM to work on railroad right of way
conta~ed h~ '~Ei~esota, Department of Tr~sportatio~, St. Paul, St~dard Speci-
fications for Highway Cor~struction", dated Jan~iary l, 1978, to f~ish to the
Compsmy a Railroad ~otestive Liability Inm?ance Policy ~d to c~ry re~lar
Contractor's ]~blic Liability amd ~'roper-ty Damage Instance, both as specified
in the Federal-Aid Hi,way t~o~ M~ual, Vo!~ne 6, Chapter 6, Section 2,
Subsection 2, smd hav~g limits of liability, as specified ~ the specifica-
tions ~d spec'ial provisions referred to in this agreement. Said Railroad
P~'otective Liability Po]icy ~md evidence of sa~d Contractor's ~blic Liability
~d properly Damage Insursmce, e~:ecuted by sm ~m~-e:~' qualified to ~ite
such policies ~n the State of Mi~esota, sh~.l] be delivered to the Company
prior to the ent~ upon or use of the Compemy's property by the Contractor.
4. The State reserves the right to ma~e such cl~]ges in the plans
or character of the work, as the work under the contract progresses, as shall,
in the Commissioner of Transportation's jud~.ent, be reasonably necessary to
cause t~e af~eed higE~way project to be iu all things constructed ~d completed
in a satisfacto~ mmu'mr, ~d to that end, an~ as supplemental to ~y contract
lot for the const.~acti~n of said project, to enter into ~.my supplemental
aS're~7~ent wi~h 'the contractor for tlm pcrform~a~ce of d.ny e~:~ra work or work
Any such chm:~7~s in plan or the character of work, involving the Company's
facilities or prope;:ty, will be subject to the approval of the Compr~y.
EX]fI'~IT "A" -Pacco 1
5. The State agrees to pay .the entire cost of the work to be per-
formed under the contract to bo let by the State, including the-State's
supez~ision of the contract work, provided, however:
a.)
that nothing herein contained shall prevent the State from
pursuing and enforcing any o£ its con, on law and statutory
rights, which it m~y have against any tortfeasor, including
any contractor ~'~d the Company;
that when the Company has liability or obligation to the
United States or the State for ~ny portion of the railway-
highway project, the Company shall pay its share of the
railway-highway project in the ~nner and to 'the extent
set forth elsewhere in this agreement.
6. The provisions contained in Federal-Aid Hi~mhway Program Manual,
Volume 6, Chapter 6, Section 2, Subsection 1, and Volume i, Chapter 4,
Section ~, shall apply to the railway-highway project, regardless of the
method of financ~mg the project.
7. If the Company enters into a'contract or agreement with a con-
tractor, to perform all or ~uy 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 APP~NDIX "A",
attached hereto and made a part hereof, in any such contract or ~greemmnt.
8. The Con~my agrees that izs representative in charge of the work
set forth in this agreement shall furnish the State'~ Fmgineer in charge of
the project:
a.)
"Form 7094, Minnesota Department of Transportation, Payroll
Monthly Report", signed in duplicate, showing the number
of men on payroll, classification, total worked and
'starting, stopping~ remm~ption .~nd completion dates for
each month, not later then the week follo~.~ing the month in
which the work was performed°
b.)
Upon request, full detailed ~fo~tion as to progress of
work and ammmt of labor and m~terial used .as of the time
of request.
In addition to the foregoing records and acbs, the Company will, from
time to time, make such other reports, ko~p such el;her records and perform
such etcher work in such maimer and time as rosy be necessary to enable the
State to collect arid obtain available Federal AlS.
9. To the extent set forth in this agre?ment, the State will re-
~mbum'sc. the Comp~y for actual ,~npense incltrred per~'orming the work set forth
in this af?eemer~t. ).~a~,~en'ts wi].], be made :~n accordance with the followi~;
9-1-80
a.)
At least 9(~ of partial bills marked "Pro~4~essive Bill No. 1,
No. 2, etc.", or "First, second, etc.", si~md by an officer
of the Compcmy, rendered in septuplet. Partial bills shall
be based on actual costs that can be substantiated by checking
the Company's records but do not ~eed to be Lu detail: or,
b.)
At Least 75% of partial bills marked and signed, as required
above, based on the Company Engineer's estimate of the per-
centage of completion of the variou~ cost reimbursable items,
as shown on the detailed estimate, which is attached to az~d
made a part of this aoc~eement, subject to -the State Engineer's
concurrence and approval of said completion percentage. In
no event will a combination of partial billing based on actual
cost, and ~gineer's est~nates, be reimbursable.
c.)
At least 9~'~ of final bill marked "Final", si~ed by an officer
of the Company, rendered in 'septuplet, in accordance with Federal-
Aid Highway Program Manual Volume 1, Chapter 4, Section ~. Said
final bill shall be a complete, detailed and itemized statement
of all items of work performed by the Company, as show~ in the
appropriate ex~hibit or exhibits attached to this agreement.
d.)
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 accmmts 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 Co~oany, upon
notice of the State, shall pay to the State the difference.
10. In the event that the State does not enter into a contract for
construction of the project contemplated by this a~eement on or before a day
twelve (12) months after the date this a,.,~reement is fully executed, then either
party may, at any time thereafter, serve notice of cancellation upon the other
party, by reMistered mail, and this a~reement Shall immediately be cancelled
and terminated; provided, however, that the Comp~.y shall be re~r~bursed in full
by the State for all reimbu~sab].e costs incurred after this agreement is fully
executed and prior to said cancellation..
11. The reimbumsable maintena~uce costs sh-a~l not ex~end to the repair
of any damage to the brid(D structure res~ting from the operations of the
Compsmy for which the Comply has ~y common law or statutoz~ liability. The
reimb~sable :~inten~:ce costs shall be limited to the act~l cost of labor
~d ~terials used m~d to rental value of equipmen~ used. The actual cost of
labor ~d materials ~nd the rental value of eq.uj~pment referred to shall be
ascerta~ed da nccordrmce with the provisions of the {,~ederg].-Aid Hi~w~ Pro-
~ lqan~l, Volume i, Chapter ~, Section ). ~kcept as hereinafter provided
~.n ~ne case of emcr~c~.~cy repairs, reim'b~'sement shall be made only if the
Company ha~ submi'ttcd :;.~;s proposed rep~'.irs ~o the State, ~cluding ~y estimate
of cost o~ such repairs, '~c<~ approval has been received from the State in
writ.'[n~u in adwmco of st'a.rt'~n~ work b? t~o Com'r~.3~ny. II' tho Comply is unable
to obtain the St.'~to's a[~p:~'o~,';t], o:' i, he ?reposed repairs, it may request ~d
require the '.;i..tte to lot a contract l?ar the noge:;s,3.ry work. In the event of
an c:::orgcncy requiring imm~diate reD'airs to said bridge structure in order to
I!;XHIBt'? '!A" -P;.~:~c 3 9-1-80
maintain railroad traffic, the Compan,~ shall be only required to notify the
State as soon as rea$on~,~bly possible that '~he emer~'ency has arisen and that
the Company is pro;~.ee'~n~ with the work. The Comps,ny hereby acku~owledges
that it may be necess~ry to file a legislative claim for reimbursement of any
costs incubated bei'ore State Funds are enct~mbered in an amotmt sufficient to
cover the costs of. the work. In all events, reimbursable n~ntenance costs
shall be limited to necessary repairs.
If any maintenance work is such that it cannot be performed by the
Company with its cum equipment and re~la-~ly employed forces, the Company may
contract the work. However, the Company shall not award -the contract or start
· work until the contract has been approved by the Commissioner of Transportation
and the necess-~y State funds have been enc~unbered.
12. It is fu_rther a~freed by ;a~d between the parties hereto anything
to the contrary herein notwithstanding, ~hat the Cor:~missioner of Transportation
of the State of Minnesota is acting in his official capacity only and that he
shall not be personally responsible or ].iabie to the Company or 2o shy person
or persons ~./ncmsoever for any clair,~s, dame,'es, actions, or causes of action
of any kind or character aris~_ng out of or.by reason of the execution of this
. agreement or the performance,or completion of the.project provided for herein.
13. Before this agreement shall become binding and affective, it shall
have received the approval of such State officers as the law may provide in
addition to the Commissioner 'of Transportation.
14. The laws of the State of Minnesota shall govern all questions as
to the execution, nature, oblig~ation, construction, validity and performance
of this agreement. ~
15. If it appears to the Compa~ at s_ny time subsequent to the date of
this agreement aud prior to final completion of such work, that the actual cost
of such work will exceed the estimated cost, the Company shall immediately
so notify the.State J~ writing, thereof~ and, after the additional f~mds are
encu~nbered, such notice will hav~ the affect of amending this agm-eement so
s.s to include the supplemental cost of such work.
16. As provided under Minnesota La,ws 1980~ Chapter 614, Sec. 51,
all books, records, docu3uents, and accountin~ procedtures and practices of the
..... mzn~t~n by
Company relewmt to this contract are sub.iect to o
TM ' ~' ~'~ Mn/D~ ~d
either the legislative auditor or the Stabe auditor as appropriate.
Mn/DOT 252S2
APPENDIX A
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 Reg. ul--.tions: The Contractor will comply with Regulations of the Department of
Transportation relative to nondiscrimination in .federally-assisted programs of the Department of Com-
merce (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)
(3)'
Nondist:rimination: 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 pro-
hibited by Section 21.5 of the Regulations, including employmen~ practices when the contract covers
a program set forth in Appendix "A", "B" and "C".
Solicitations for Subcontracts, Inchiding Procurements of Mat6rials and Equipment: In all solicitations
either by competitive bidding or negotiation made by tile contractor for work to be performed under a
subcontract, including procurements of materials or equipment, each potential subcontractor or sub-
plier shall be notified by the contractor of the contractor's obligations.under this contract and the
Re§ulations relative to nondiscrimination on the ground of race, color or nation 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, a~d its facilities als racy be determined by the Depart-
ment of Transportation or the Federal Highway A, dmil~is~ration to be pertinent to ascertain compliance
with such Regulations, orders and instructions. Where any information required of a contractor is in
the exclusive possessien of another who fails or refuses to furnish this information, the contractor shall
so certify to 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 the contractor's noncompliance with the nondiscrimi-
nation 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) witholding 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 s~!bcontract or procurernent as the £~.epartment of Transportation or the Federal
Highway Administration may direct as a me.:ms of enforcing such l)r'0vision5 including ~ancti0n~ for
noncompliance: Provided, however, tlla[,i~ iheew;nt acontr,tctor bc, comes involved in, or is threaten-
ed with. litigation with a s!~t)contractor ~;r sup[~lier as a rest]It of ;ucb direction, the contractor may
request the State to enter into such liti~:~tion to F~otec! the int,'re;,ts of the State, and in addition,
tile contractor may request the United States [o ente~ in[q such titi!]a[ion to protect the interests of
the United States.*
UNIT
0UANTITY
ESTI~tATED
COST
Half Roadway Gates
Flashing Light Siguals/Cautilevered
Bung a 1 ow
Foundations
Rectifier
Transformer
Neutral Relays .
Flasher .Relay
AFTAC System I~.-ID l, iodel 2
Storage Battery
Case Wire Material
Underground Cable
A.C. Servide '
Bonds and Rail Connections
Pipe 3" Galvanized
Track Hateriat
Trax 4% S%O}IES 5%
.gineering Labor
Signal Labc, r
Sectioa Ci_cw Labor
Accounting l,abor
Supervision
Labor Additives 53.86%.
Equipment Rentals
Crew Expenses
Each
Each
Each
Each
E ach
Each
Each
E ach
Each
Each
Lo t
Lot
Each
Each
L.F.
Lot
2
2
1
8
'2
1
7
1
2
7
1
1
1
10
105
TOTAL
TOTAL MATERIAL
TOTAL L/~OR
TOTAL LABOJI. ADDITIVES
$ 8,000
6,200
3,600
8O0
555
175
1,925
4&0
13,124
770
440
1,100
310
6O
&60
$37,959
330
$38,289
$ 3,55.s
$41,735
$ 1,000
8,000
330
330
$ 9,660.
$ 5,203
1,650
$ 9,153
TOTAL ~OVE ACCOI~TS $60,548
E,qT. };Y cL.'C t~\'!'I~ ] ! ,. ?!;-:'O
ES'I'] i iA'f!:l) COST
$66,603