HomeMy WebLinkAbout13.D.1. Approve Agreements for Railroad Crossing Signals and Gates-Res. No. 6707 CITY OF SHAKOPEE
Memorandum
TO: Mayor & City Council
Mark McNeill, City Administrator
FROM: Bruce Loney, Public Works Director
SUBJECT: Approval of Agreement No. 90999 between the City of Shakopee
and the Union Pacific Railroad Company and the Commissioner of
Transportation of the State of MN for Railroad Crossing
Signals and Gates at the Intersection of Atwood Street
DATE: December 18, 2007
INTRODUCTION:
Attached to the memorandum is Agreement No. 90999 for the installation and
maintenance of railroad crossing signals and gates with circuitry at the intersection of
Atwood Street with the tracks of the Union Pacific Railroad Company. Also attached is a
resolution authorizing the City of Shakopee to enter into this agreement with the Union
Pacific Railroad Company and the Commissioner of Transportation of the State of
Minnesota.
BACKGROUND:
The City of Shakopee has applied for additional safety improvements for its railroad
crossings and was successful in obtaining Federal funding for the crossing at Atwood
Street. Previously, the City of Shakopee has discussed these railroad crossings with the
Railroad Safety Committee consisting of Councilor's Matt Lehmann and Terry Joos,
along with Bruce Loney, Public Works Director, and with other representatives from
Mn/DOT and the Union Pacific Railroad Company in 2004.
With this agreement, the City of Shakopee will be responsible for 10% of the costs for
the placement of the signals, gates and circuitry at this intersection. Also the City of
Shakopee will be responsible for obtaining the right-of--way for a control cabinet for the
crossing at Atwood Street. It is anticipated that areas exist in the 2°d Avenue right-of--way
to accommodate the control cabinet.
One additional item with this crossing improvement project is that gates have been
approved by the railroad and Mn/DOT. Staff s initial application was for flashing signals
similar to other crossing improvements. Mn/DOT's representative, Rick Van Wagner, is
recommending signals and gates for this crossing. Attached is his a-mail on this and also
if the City does not agree with gates, to provide reasons for not including gates. The main
concern for placing gates at this location is whether the switching operation of rail cars at
Rahr will close the gates during this operation. Staff did have a conversation with
MNDOT to consider this concern during the design and implementation of the safety
improvement.
The City does pay on final costs of the project so if the gates were deleted, then the City's
share would be less, however, the city would need to provide reasons on not installing the
gates to MNDOT.
Staff will be working with Mn/DOT's Office of Freight and Commercial Vehicle
Operators for future safety improvements at Scott and Apgar Streets, as well as reviewing
the other intersections for gates and other safety modifications.
Attached to this memorandum is the proposed Capital Improvement Program sheet for
this project and an estimated cost to the City would be approximately $50,000.00 to be
paid out of the Capital Improvement Fund. In order for the City to proceed with this
project, the execution of Agreement No. 90999 is necessary for the Union Pacific
Railroad Company to install the flashing signals and for reimbursement by the State of
MN of 90% of the project costs. The City's costs for the flashing signals and gates are
estimated to be $28,611.80. The City will be required to provide power to the control
cabinet as well.
ALTERNATIVES:
1. Approve Resolution No. 6707, authorizing the appropriate City officials to
execute Agreement No. 90999 with the Union Pacific Railroad Company and the
Commissioner of Transportation for the State of MN for the installation and
maintenance of railroad crossing flashers and gates with circuitry at the
intersection of Atwood Street.
2. Do not approve Resolution No. 6707.
3. Table for additional information.
RECOMMENDATION:
Staff would recommend Alternative No. 1, to approve the agreement in order to improve
the safety of the railroad crossing at the intersection of Atwood Street, utilizing Federal
funding of 90% of the costs of the flashing signals and gates.
ACTION REQUESTED:
Offer Resolution No. 6707, Authorizing Agreement No. 90999 for Installing Railroad
Crossing Flashers and Gates at Atwood Street and move its adoption.
d8%
Bruce Lo
Public Wor s Director
BLpmp
ENGR/2007PROJECT S/2007COLJNCIIJMEMO-6707
RESOLUTION N0.6707
A Resolution Authorizing Agreement No. 90999
For Installing Railroad Crossing Flashers
And Gates At Atwood Street
BE IT RESOLVED, that the City of Shakopee enter into an agreement with the
Union Pacific Railroad Company and the Commissioner of Transportation for the
installation and maintenance of railroad crossing flashers with circuitry at the intersection
of Atwood Street (MBAs 114) with the tracks of the Union Pacific Railroad Company in
Shakopee, Scott County, 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 to secure the necessary right-of--way for the
railroad's signal bungalow.
BE IT FURTHER RESOLVED, that the Mayor, City Administrator and City
Clerk be and they are hereby authorized to execute said agreement for and on behalf of
the City.
Adopted in session of the City Council of the City of
Shakopee, Minnesota, held this day of , 2007.
Mayor of the City of Shakopee
ATTEST:
City Clerk
AGREEMENT 90999
USDOTNO 185334U (F1916)
DATED
S.P. 70-00117
MINN. PROJ. STPX 7008(060)
FUNDS Federal and City
Railroad Crossing Signals and Gates
Atwood St. (M40)
Shakopee Minnesota
Scott County
Union Pacific Railroad Company
Standard Agreement "A"
Dated September 1, 1998
THIS AGREEMENT, made and entered into by and between the CITY OF SHAKOPEE,
hereinafter called the "Local Agency";the UNION PACIFIC RAILROAD COMPANY,
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 monies; and
WHEREAS, Atwood St. (M40), as now established, crosses the track of the Company at
grade in Shakopee, Scott County, Minnesota, the location of said crossing and railway track
being shown on the print hereto attached, marked Exhibit "B"; and
AGREEMENT N0.90999
WHEREAS, the Local Agency and the Company desire that said grade crossing be
provided with railroad flashing light signals with gates, constant warning circuitry and LED
lenses, 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.
NOW, THEN, IT IS AGREED:
1. EXHIBITS
The State of Minnesota, Department of Transportation, "Standard Clauses for Railroad-
Highway Agreements", 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; and Exhibit "C", the detailed cost estimate; 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 Atwood St. (M40), 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.
Page 2
AGREEMENT NO. 90999
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 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 7a 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 Funds and Local Agency 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.
The State's portion (reimbursable with Federal Funds) and the Local Agency's portion
will be paid to the Company in accordance with Article 8 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".
Paae 3
AGREEMENT N0.90999
Estimated Cost of Signals
90% State Funds (reimbursable with federal funds) $257,506.20
10% Local A~ency Funds $28,611.80
Total Estimated Cost of Signals $286,118.00
TOTAL ESTIMATED COST OF PROJECT $286,118.00
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 approved in writing by the State and the State has previously
encumbered that additional money. The State will not pay 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, unless, the additional funds that are needed have been encumbered and the parties have
reached agreement, memorialized in a written amendment to this Agreement concerning any
additional work and costs.
4. WORK CHANGES
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.
Pave 4
AGREEMENT N0.90999
In the event it is found that the work has not changed from the said statement of work to
be pei-foirned 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 12 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.
6. FUTURE REMOVAL
The signal system provided for in this agreement shall not be removed unless there has
been a determination by the State that said signal system is no longer required at this location. If
the signal system is 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 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 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, 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 jetting up
the road detour.
Page ~
AGREEMENT N0.90999
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.
8. SIGNING AND PAVEMENT MARHINGS
Subsequent to the installation of said signal system, the Local Agency agrees to install or
have installed, 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 retroreflective
sheeting types and qualified products used for permanent signs, markers and delineators, Type IX
or better found at
http://www.dot.state.mn.us/trafficena/products/MnDOTapprovedproductlist.xls. The Local
Agency also agrees to remove signs that are no longer needed as a result of said signal
installation.
9. ~ ASSIGNMENT OF RECEIVABLES
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.
Page 6
. .AGREEMENT N0.90999
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be duly executed.
CITY OF SHAKOPEE UNION PACIFIC RAILROAD
COMPANY
By: By:
Title: Title:
Dated: Dated:
By: By:
Title: Title:
Dated: Dated:
STATE OF MINNESOTA
Recommended for Approval: Commissioner of Transportation
By: By:
Manager, Railroad Administration Section Director, Freight; Railroads & Waterways
Dated: Dated:
STATE ENCUMBRANCE VERIFICATION
individual certifies that funds have been encumbered as required by Minn. Stat. § g I6A.15 and ] 6C.05
Signed: Dated: MAPS
APPROVED:
Department of Administration
By:
Authorized Signature
Dated:
• Page 7
AGREEMENT N0.90999
RESOLUTION
BE IT RESOLVED, that the City of Shakopee enter into an agreement with the Union Pacific
Railroad Company and the Commissioner of Transportation for the installation and maintenance
of railroad crossing signals at the intersection of Atwood St. (M40) with the tracks of the Union
Pacific Railroad Company in Shakopee, 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.
BE IT FURTHER RESOLVED, that the and
(Title) (Title)
be and they are hereby authorized to execute said agreement and any amendments thereto for. and
on behalf of the City.
Dated this day of , 200
STATE OF MINNESOTA )
)ss CERTIFICATION
CITY OF SHAKOPEE )
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 Shakopee at a duly authorized meeting thereof
held in the City Hall at Shakopee, Minnesota, on the day of , 200_,
as disclosed by the records of said City Council in my possession.
By:
Title:
Page 8
EXHIBIT "A"
STATE OF NIINNESOTA DEPARTMENT OF TRANSPORTATION
STANDARD CLAUSES
FOR
RAII.ROAD-HIGHWAY AGREEMENTS
June 13, 2007
1. EFFECTIVE DATE
This Agreement will become effective upon the date State obtains all signatures required by Minnesota Statutes
Section 16C.05 (Subd. 2).
2. CANCELLATION
The State may immediately terminate this Agreement if it does not obtain funding from the Minnesota
Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the
payment of the services covered here. Termination must be by written or fax notice to the Company. The State
is not obligated to pay for any services that are provided after notice and effective date of termination.
However, the Company will be entitled to payment, determined on a actual cost basis for services satisfactorily
performed to the extent that funds are available. The State will not be assessed any penalty if the Agreement is
terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate
funds. The State must provide the Company notice of the lack of funding within a reasonable time of the State's
receiving that notice.
3. GOVERNING LAW, JURISDICTION, AND VENUE
Except to the extent preempted by federal laws, rules or regulations, Minnesota law, without regard to its
choice-of-law provisions, governs this Agreement. Venue for all legal proceedings arising out of this
Agreement, or its breach, will be in the appropriate state or federal court with competent jurisdiction in Ramsey
County, Minnesota.
4. COMMISSIONER'S OFFICIAL CAPACITY
The Commissioner of Transportation of the State of Minnesota is acting in an official capacity only and is not
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.
5. DATA DISCLOSURE ,
Under Minnesota Statutes Section 270C.65, and other applicable law, the Company consents to disclosure of its
soci~il security number, federal employer tax identification number, and/or Minnesota tax identification number,
alr:~:dy provided to the State, to federal and state tax agencies and state personnel involved in the payment of
state obligations. These identification numbers may be used in the enforcement of federal and state tax laws
EXHIBIT "A" -Page 1 of 1
which could result in action requiring the Company to file state tax returns and pay delinquent state tax
liabilities, if any.
6. ELIGIBILITY OF COSTS
Pursuant to Minnesota Rule 8830.300, the provisions contained in Federal-Aid Policy Guide, Chapter 1,
Subchapter G, Part 646, Subpart B and Chapterl, Subchapter B, Part 140, Subpart I, apply to railway-highway
project, regardless of the method of financing the project.
7. WORK REPORTS
The Company will furnish the State's Engineer in charge of the project:
a. "Form 21191, Minnesota Department of Transportation, Daily Utility Report", Union Pacific
electronic payroll report which lists labor hours and costs in a form acceptable to FHWA, or
equivalent approved by the State's engineer showing the number of people 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.
The Company will, make other reports, keep other records and perform other work in such manner a time as
may be necessary to enable State to collect and obtain available federal aid.
8. REIMBURSEMENT
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. Partial bills will be based on actual (not estimated) costs incurred. Partial bills need not be
itemized, but State must be able to substantiate costs by checking the Company's records. The
final bill will also be based on actual (not estimated) costs and will be a detailed; itemized
statement of all items of work performed by the Company, as shown in the appropriate exhibit or
.exhibits attached to this Agreement.
State's payment of progressive partial billing and also final billing will be made to the Company within thirty
(30) days of the State's receipt of such billing from the Company. Notwithstanding the preceding payment
procedures, the State retains the right to audit the final billing submitted by the Company as set forth in this
Article 8 and in Article 12. If, when doing such audit review, it is determined by the State and the Company
that the Company is to reimburse the State for any payment already made by the State to the Company, the
Company shall make such reimbursement within thirty (30) days after the State and the Company have made
such determination. Likewise, if it is determined by the State and the Company that the State needs to make any
additional payment to the Company, the State shall make such additional payment within thirty (30) days after
tL:: State and the Company have made such determination.
EXHIBIT "A" -Page 2 of 2
9. WORKERS' COMPENSATION
The Company will certify that it is in compliance with workers' compensation insurance coverage required by
Minnesota Law unless the Company is subject to Federal Law which preempts the Minnesota Law requirement.
If the Company is subject to Minnesota Law on workers' compensation insurance coverage, the Company will
require its contractors to present proof of coverage under the Minnesota Workers Compensation Act. The
Company's employees and agents will not be considered State employees. Any claims arising under workers
compensation laws and any claims made by a third party as a consequence of the acts or omissions of the
Company, its agents, employees or contractors are in no way the responsibility of the State.
10. COST-SHARING
If the cost of a project is being shared by the State and other parties, each party should receive a bill setting forth
its proportional share of the costs whenever a project billing is submitted.
11. INSPECTION, STANDARDS OF PERFORMANCE
The Company and/or Local Agency will permit the State 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.
Applicable standards for railroad grade crossing construction shall consist of standards and regulations in AASHTO,
AREMA, FHWA, Minnesota MUTCD, Minnesota Statutes 219.0 et seq. and Minnesota Rules 8830 et seq.
Should a conflict be identified in any of these rules and regulations, the Minnesota rules and statutes shall be deemed
controlling.
The Company and/or Local Agency warrants that it will 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 mariner or in accordance with applicable standards, the State
may immediately suspend further payments under this Agreement and the Company must repay all funds
expended on unsatisfactory work.
12. STATE AUDITS
Under Minnesota Statutes Section 16.C.05, subd. 5, the Company's books, records, documents, and accounting
procedures and practices relevant to this Agreement are subject to examination by the State and/or the State
Auditor or Legislative Auditor, as appropriate, for a minimum of six years after an appropriate State official
certifies the Company's completion of the construction required under this Agreement.
13. NONDISCRIMINATION
If the Company enters into a contract 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 in this
agreement and as set forth in "Appendix A" attached hereto and made a part hereof.
EXHIBIT "A" -Page 3 of 3
14. DISADVANTAGED BUSINESS ENTERPRISE
The disadvantaged business enterprise requirements of 49 CFR 26, apply to this Agreement. The Company will
insure that disadvantaged business enterprises as defined in 49 CFR 26, 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 will take all necessary and reasonable steps in accordance with 49 CFR 26, 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 constitutes breach. of this Agreement, and may result in termination of the Agreement by the State,
and possible debarment from performing other contractual services with the Federal Department of
Transportation.
15. AMENDMENTS, WAIVER, MERGER, AND COUNTERPARTS
Any amendments to this Agreement must be in writing and executed by the same parties who executed the
original Agreement, or their successors in office. Failure of a party to enforce any provision of this Agreement
will not constitute or be construed as, a waiver of such provision or of the right to enforce such provision. This
Agreement contains all prior negotiations and agreements between the Company and the State. No other
understandings, whether written or oral, regarding the subject matter of this Agreement will be deemed to exist
or to bind either or both of the parties. This Agreement may be executed in one or more counterparts, each of
which shall be deemed to, be an original, but all of which together shall constitute one and the same Agreement.
The State will pay up to the limit of the amount encumbered by State, the entire cost of the work to be
performed under the contract to be let by the State, including the State's supervision of the contract work,
provided, however:
(1) that nothing herein contained will prevent the State from pursuing and enforcing any of its
common law and statutory rights, which it may have against any tortfeasor, including any
contractor and the Company;
(2) that when the Company has liability or obligation to the United States or the State for any portion
of the railway-highway project, the Company will pay its share of the railway-highway project in
the manner and to the extent set forth elsewhere in the Agreement.
EXHIBIT "A" -Page 4 of 4
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 Regulations: The Contractor will comply with Regulations of the Department of Transportation
relative to nondiscrimination in federally-assisted programs of the Federal Highway Administration (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 deternuned 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.
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 ~ of 5
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~ ~ ~
77 ~ ~
~cdeNfF St $ ~
E 11th Ave c $ a
W 11thAve ThamasAve ~
t
ua v~ Hennes Ave f'~~8~~ U
N~o 79 ~
' T N1e n ke Ave r'^ o I
ZO Cp U
F, UYest Wind Ave Verling Or m
~.22~T I~
tS,S,r ~ h'lonnena Ave
EXHIBIT B
DATE: 2007.07.17
ESTIMATE OP MATERIAL AND FORCE ACCOUNT WORK
BY THB
UNION PACIFIC RAILROAD
THIS ESTIMATE GOOD FOR 6 MONTHS BXPIRATiON baTE IS :zaoe-ol-Ia
DESCRIPTIQN OF WORK:
INSTALL LED FL SIGNALS W/GATES AND CWT IN NEW CAEIN AT ATWGOD STREET IN
SNAKOPEE, MN. M.p. 29.15 ON THE MANKATO SUB.
SIGNAL PROJBCT MANAGER: RON HASH 595-3275
RAILROAD TO PBRPORH ALL WORK ~ COST DISTRIBUTED AS FOLLOWS:
SIGNAL - FEDERAL GOVERN}1ENT 100$
PID: 59D19 AWO: 84119 MP,SUBDIV: 28.15, MANKATO
SERVICE UNIT: O1 CITY: SHAKOPEE STATE: MN
DESCRIPTION QTY UNIT LA80R MATERIAL RBCOLL UPRR TOTAL
ENGINBERING NORK
BNCINEERING 1661 1661 1661
LABOR ADDITIV@ 173 10165 10165 10165
SIG-HWY XNC 4215 4215
4215
TOTAL ENGINEERING 16041 16041 16091
SIGNAL WORK
BILL PREP 900 900 900
CONTRACT 6924 6929 fi924
EARTH FILL/ROCK 2250 2250 2250
LABOR ADDITIVE 1733 87876 87876 87876
METBR SERVICE 10000 10000 10000
PERSONAL @icP@NSES 36910 38910 36410
SALBS TAX 1665 3665 3665
SIGNAL 50795 5619) 107168 107188
TRANSPORTATION CHARGE& 3b09 3609 3609
NZ TRAPPIC CONTROL 8755 8755 8755
TOTAL SIGNAL 139571 130506 270077 270077
LABOR/MATERIAL EXPENSE 155612 110506
RE~LLECTIBL@/UPRR @XPENSR 286118 0
ESTII4A1'BD PROJHCT COST 286118
EXISTING REUSBABLS MATERIAL CREDIT p
SALVAGE NONDSEABLE HATERIAL CRERIT 0
RECOLLECTIBLB LESS CRBDITS - -
TNB ABOVE PIGURES ARE ESTIMATES ONLY AND SUBJECT TO PLUCTUATION. IN THE BVBNT OP
AN INCREASE OR DBCREASB 1N THE COST OR QUANTITY OF MATERIAL OR LABOR REQUIR@0,
UPRR WILL BILL FOR ACTUAL CONSTRUCTION COSTS AT THE CURRENT EFFECTIVE RATE.
rn,..amrt~sexxex~-,x ~
~ g ~
4e@'il7~~ T7
CIP Projects 2007 - 2011+
City of Shakopee Capital Improvement Program 2008-2012
Project Man~cfpr: Project Type: Project Title: Total Project Cost:
[3ruce Loney Street Construction Railroad Signalization $200,000
A. Ex enditure Items: 2008 2009 2010 2011 2012
Land & ROW
Construction 160,000
Improvements
En ineerin /Admin. 40,000
Total 200,000 - _ _ _
B. Fundin Source:
General Fund
Capital Improvement Fund 50,000
Park Reserve Fund
Grants (specify)
Donations (specify) 150,000 (MN/DOT)
State Aid
Assessments
Sanitary Sewer Fund-Base
Sanitary Sewer Fund-Trunk
Storm Drainage Fund-Base
Storm Drainage Fund-Trunk
Tax Le
Total 200,000 - _ _ _
Description:
At grade railroad crossings at Atwood Street will need crossing signal due to
traffic volumes at this intersection.
- Justification:
Traffic volumes of vehicles crossing, increased number of trains and possible
increased speed of trains warrant the signal installation.
`
. -
? ~ Other Comments:
,1" Funding from the State of Minnesota is programmed for this intersection. Cit
Y
- _ cost is for 10% of signal cost and roadway realigned to place signals.
_ .
Operating Costs:
_ . -
_x -
PROJECT LOCATION
Page 1 of 1
Bruce Loney
From: Rick Vanwagner [Rick.Vanwagner@dot.state.mn.us]
Sent: Thursday, December 13, 2007 1:36 PM
To: Bruce Loney
Subject: Atwood St.
It is my recommendation at this time to install gates and flashers at Atwood St.(USDOTNO. 185334U) in
Shakopee, MN.
If the City wishes to not adhere to this recommendation and fund only the flashers please submit a letter to this
office explaining the reasons requesting the absence of gates.
Thank You for your time.
Rick Vanwagner
Mailstop 470
Mn/DOT, Office of Freight & Commercial Vehicle Operations
395 John Ireland Blvd
St. Paul, MN 55155
Phone (651) 366-3713
Cell (952) 381-5951
Fax (651) 366-3720
rick.vanwayner@dot.state.mn.us
12/13/2007