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Home My WebLink About5.B.1. Authorize Agreement with Union Pacific Railroad for Project No. 2008-2 X6.1. CITY OF SHAKOPEE Memorandum ~ ~ TO: Mayor & City Council Mark McNeill, City Administrator FROM: Jeff Weyandt, Assistant City Engineer SUBJECT: Railroad Crossing Improvements Associated with the 2008 Overlay Project No. 2008-2 DATE: May 20, 2008 INTRODUCTION: Attached are two agreements with Union Pacific Railroad that must be signed prior to the railroad proceeding with the crossing improvements on Valley Industrial Boulevard North and South. BACKGROUND: As part of the 2008 Overlay Project, Union Pacific Railroad has agreed to install concrete crossings at the spur lines that cross Valley Industrial Boulevard North and South. The City is responsible for 50% of the cost. The City's portion is estimated at $62,000.00. The City is required to sign two copies of each agreement and forward to the railroad for processing. ALTERNATIVES: 1. Authorize the appropriate City officials to sign the agreements with Union Pacific Railroad. 2. Do not authorize the appropriate City officials to sign the agreements with Union Pacific Railroad. 3. Table for additional information. RECOMMENDATION: Staff recommends Alternative No. 1, authorize the appropriate City officials to sign the agreements with Union Pacific Railroad. ACTION REQUESTED: Authorize the appropriate City officials to sign the agreements with Union Pacific Railroad. L~ Jeff Weyandt, P.E. Assistant City Engineer JW/pmp ENGR/2008PROJECT S/2008-0 VERLAY/ W ORD/RAII,ROAD-AGREEMENTS-I7NION-PACIFIC UNION PACIFIC RAILROAD COMPANY 301 W. LAKE ST. NORTHLAKE, IL 60164 April 28, 2008 Mr. Jeff Weyandt,,P.E. Assistant City Engineer ' City of Shakopee 129 Holmes Street Shakopee, MN 55379 RE: agreement for improvements to existing crossing Dear Mr. Weyandt, Enclosed please find t~vo copies of an agreement for the improvements to the at-grade crossing of the Union Pacific Railroad and the Valley Ind. Blvd. in Shakopee, Minnesota. Please have both copies of the agreement executed and return both copies to me at the address below. I will return one fully executed agreement to you. Sincerely, ~`~1 John Venice _ ` Manager Special Projects Union Pacific Railroad 301 West Lake Street, Room 103 Northlake, IL 60164 Enclosures ;x Improvements to Existing Public Road at Grade Crossing For Valley Ind. Bvd. DOT # 185 322A M.P 24.22, Mankato Subdivision Shakopee, Minnesota THIS AGREEMENT, executed in duplicate this . day of by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation (hereinafter the "Railroad"), and City of Shakopee, a municipal corporation of the State of Minnesota (hereinafter the "Political Body"), WITNESSETH: RECITALS: The Political Body has requested the Railroad to improve the existing Valley Ind. Bvd. crossing, at grade, along, over and across the Railroad's. track and right of way at Mile Post 24.22 Mankato Subdivision, DOT No. 185 322A, in City of Shakopee, Minnesota to which the Railroad is agreeable, but solely upon terms and conditions hereinafter set forth. AGREEMENT: NOW THEREFORE, in consideration of the premises and of the promises and conditions hereinafter set forth, the parties hereto agree as follows: 1. The Railroad shall furnish all labor, material, equipment and supervision for, and shall (a) remove the existing asphalt crossing, (b) install a 64 ft. precast concrete crossing, (c) field weld rail, (d) relay track at crossing with 115# rail, (e) renew the crossties, and (f) surface the track with new ballast,. all at the intersection of the Railroad's Mankato Subdivision with Valley Ind. Bvd. at Mile Post 24.22 in Shakopee, Scott County, Minnesota. 2. The Political Body agrees to reimburse the Railroad for fifty percent (50%} of Railroad's actual labor and material costs associated with the work and materials described in Section 1 above. The Railroad estimates such cost to be Sixty-Two Thousand, Eight Hundred and Twenty-Four Dollars ($62,824.00), as set forth in Estimate of Material and Force Account dated January 29, 2008, marked Exhibit A, hereto attached and hereby made a part hereof. During the performance of such work the Railroad will provide progressive billing to Political Body based on Railroad's actual costs. Actual costs to the Railroad shall include customary, standard additives to materials, services and labor provided by the Railroad. Within 120 Days after Railroad has completed its work, the Railroad will submit a final billing to Political Body for any balance owed. Political Body shall pay the Railroad within thirty (30) days of its receipt of all bills submitted by the Railroad. 3. The Railroad, at its cost, shall maintain the crossing between the track tie ends. If, in the future, the Political Body elects to have the surfacing material between the track tie ends replaced with paving or some surfacing material other than timber planking, the Railroad, at the Political Body's expense, shall install such replacement surfacing. 4. The Political Body, at its sole cost and expense, shall provide traffic control, barricades, and all detour signing for the crossing work, provide all labor, material and equipment to install concrete or asphalt street approaches, and if required, will install advanced warning signs, and pavement markings in compliance and conformance with the Manual on Uniform Traffic Control Devices. 5. If Political Body's contractor(s) is/are performing any work described in Section 4 above, then the Political Body shall require its contractor(s) to execute the Railroad's standard and current form 1 of Contractor's Right of Entry Agreement. Political Body acknowledges receipt of a copy of the Contractor's Right of Entry Agreement and understanding of its terms, provisions, and requirements, and will inform its contractor(s) of the need to execute the Agreement. Under no circumstances will the Political Body's contractor(s) be allowed onto the Railroad's premises without first executing the Contractor's Right of Entry Agreement. 6. Fiber optic cable systems may be buried on the Railroad's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Political Body or its contractor(s) shall telephone the Railroad during normal business hours (7:00 a.m. to 9:00 p.m., Central Time, Monday through Friday, except holidays) at 1-800-336-9193 (also a 24-hour number, 7 day number for emergency calls) to determine if fiber optic cable is buried anywhere on the Railroad's premises to be used by the Political Body or its contractor(s). If it is, Political Body or its contactors) will telephone the telecommunications company(ies) involved, arrange for a cable locator, and make arrangements for relocation or other protection of the fiber optic cable prior to' beginning any work on the Railroad's premises. 7. The Political Body, for itself.and for its successors and assigns, hereby waives any right of assessment against the Railroad, as an adjacent property owner, for any and all improvements made under this agreement, - 8. Covenants herein shall inure to or bind each party's successors and assigns; provided, no right of the Political Body shall be transferred or assigned, either voluntarily or involuntarily; except by express written agreement acceptable to the Railroad. 9. The Political Body shall, when returning this agreement to the Railroad (signed), cause same to be accompanied by such Order, Resolution, or Ordinance of the governing body of the Political Body, passed and approved as by law prescribed, and duly certified, evidencing the authority of the person executing this agreement on behalf of the Political Body with the power so to do, and which also will certify that funds have been appropriated and are available for the payment of any sums herein agreed to be paid by Political Body. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the date and year first hereinabove written. UNION PACIFIC RAILROAD COMPANY By Title: ATTEST: CITY OF Shakopee By City Clerk Title: 2 ~ 4. DATS: 2ooe-o3-a7 BSTIMATB OF MATERIAL AND FORCE ACCOUNT WORK BY TH8 UNION PACIFIC RAILROAD THIB ESTIMATB GOOD FOR 6 MONTH9 EXPIRATION DATE IS :2008-09-25 DESCRIPTION OF WORK: ~ YNSTALL A 64 FOOT CONCRETE PAD ON WOOD TIE ROAD CROSSING INCLUDING: TIES,RAIL,PADS AND. BALLAST AT VALLEY IND BVD N IN SHAKOPfiE MN. MP 24.22 ON THE MANKATO SUB. CITY OF SHAKOPEE TO PAY 50} OF THE COST. UPRR TO PAY THE OTHER 50}. PYD: 61637 AWO: 87769 MP,SUBDIVs 24.22, MANKATO • SERVICE UNIT: 01 CITY: SHAROPEE STATE: MN DESCRIPTION QTY UNIT LABOR MATBLtiAL RECOLL UPRR TOTAL ENGINEERING WORK ENGINEERING 1000 500 500 1000 LABOR ADDITIVE 736} 2360 1180 1180 23'60 TOTAL ENGINEERING 3360 1680 1680 3360 TRACK & SURPACE WORK BALAST 1.00 CL 2282 752 1517 1517 3034 BILL PREP 900 450 450. 900. CONTRACT COST 11000 5500 5500 11000 ENVIRONMENTAL PERMIT 1 1 1 FIELD WELD 51 25 26 51 FOREIGN LINE FREIGHT 740 120 120 240 HOME LINE FREIGHT 900 450 450 900 LABOR ADDITIVE 236} 11266 5668 5598 11266 MATL STORE EXPENSE 235 116 119 235 OTM 768 1892 1080 1080 2160 RAIL 160.00 LF 364 2505 1434 1435 2869 RDXING 64.00 TF 1693 12843 7232 7304 14536 SATES TAX 913 455 458 913 TRK-SVRP,I•iN 2504 1752 1252 2504 WBLD 1658 387 1020 1020 2040 XTIE ~ 50.00 EA 2298 4517 3412 3403 6815 TOTAL TRACK & SURFACB 23284 36180 29732 29737 59464 LABOR/MATERIAL EXPENSE 76644 36180 RECOLLECTIBLE/UPRR EXPENSE 31412 31412 ESTIMATED PROJECT COST 62824 EXISTING RfiUSEABLE MATBRIAL CREDIT p SALVAGE NONUSEABLB MATERIAL CREDIT p , RECOLLECTIBLB LESS CREDIT3 THE AEOVE FIGURES ARE ESTIMATES ONLY AND SUBJfiCT TO FLUCTUATION. IN THE EVENT OF AN INCREASE OR DECREASB IN THE COST OR QUANTITY OF MATERIAL OR LABOR REQUIRED, UPRR WILL BILL FOR ACTUAL CONSTRUCTION C09TS AT THE CURRENT fiFFECTIVB RATE. y FORM 30-1 PAGE 04 MORE WORK ORDER AUTHORIZATION-DETAIL OF ESTIMATPsD EXPENDITURES PROD N0: 61632 A.W.O. NO: 87769 W.O. N0: ~ ' RAILROADS UPRR CO. H.I. N0: 08HN10 LOCATION: SHAROPEE,MN,VALLEY IND. BVD N. STATE: MN DEPARTMENT: ENGINEERING SERVICBS YAI, SEC: 2107A STOCK MATSRIAL FLAN ITEM ZTEM UNIT DIRECT NUNIDER DESCRIPTION COST QTY UM MATL $ 13054000 TIMBER SPIRE, TORXHEAD 3/4" X 12• 1.67 144 EA 24D 50279750 XTZS 7"X9"X10 PREPLT FOR 5 1/2" 90.34 50 EA 4517 50361010 ECL2055 GALV RH E-GLIB PA 2.37 200 EA 474 54002000 ASPHALT, CROSSING FILL 70.00 48 TN 3360 54002020 CROSSING, CONCRETE-115# RAIL(lOW) 1155.38 8 9T 9243 5506344.0 TRACK BOLT 1-1/16 R 6 W/SYG WASHE 60.87 2 RE 128 55111800 RAIL 115# RS HIGH CARBON BBE 15.66 160 LF 2506 55224010 COMP JT 115#RE/112#RE A6H 161.32 8 TO 1291 55255160 FI^sLD WELD KIT, 112#/115# ON8 8H 56.61 6 SA 352 55264570 PACKING SAND, PRE-MIXED (PER SACK 22.44 1 CA 27 55264930 REFRACTORY PASTB ~ 1.83 2 SA 4 56207660 BA.,LAST, CLASS 1 •D" 7.92 95 TN 752 TOTAL 22,894 MATL STORE BXP 236 SALES TAX ~ 915 UNION PACIFIC RAILROAD COMPANY 301 W. LAKE ST. NORTHLAKE, IL 60164 May 7, 2008 Mr. Jeff Weyandt, P.E. Assistant City Engineer City of Shakopee - 129 Holmes Street Shakopee, MN 55379 RE: agreement for improvements to Valley Ind. Blvd. South crossing surface Dear Mr. Weyandt, Enclosed please find two copies of an agreement for improvements to the at-grade crossing surface of the Union Pacific Railroad and the Valley Ind. Blvd. South in Shakopee, Minnesota. Please have both copies of the agreement executed and return both executed copies to me at the address below. You need not date the agreement. I will return one fully executed copy of the agreement to you. The work can be scheduled once the agreement is fully executed. Sincerely, . z° John Venice Manager Special Projects -Industry and Public Projects Union Pacific Railroad 301 West Lake Street, Room 103 Northlake, IL 60164 Enclosures - Improvements to Existing Public Road at Grade Crossing For Valley Ind. Blvd. South, DOT # 187 017W M.P 24.27, Mankato Subdivision Shakopee, Minnesota THIS AGREEMENT, executed in duplicate this day of by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation (hereinafter the "Railroad"), and City of Shakopee, a municipal corporation of the State of Minnesota (hereinafter the "Political Body"), WITNESSETH: RECITALS: The Political Body has requested the Railroad to improve the existing Valley Ind. Blvd. South crossing, at grade, along, over and across the Railroad's track and right of way at Mile Post 24.27 Mankato Subdivision, DOT No. 187 017W, in City of Shakopee, Minnesota to which the Railroad is agreeable, but solely upon terms and conditions hereinafter set forth. AGREEMENT: NOW THEREFORE, in consideration of the premises and of the promises and conditions hereinafter set forth, the parties hereto agree as follows: 1. The Railroad shall furnish all labor, material, equipment and supervision for, and shall (a) remove the existing crossing surface (b) install a 40 ft. precast concrete crossing, (c) field weld rail, (d) relay track at crossing with 115# rail, (e) renew the crossties, and (f) surface the track with new ballast, all at the intersection of the Railroad's Mankato Subdivision with Valley Ind. Blvd. South at Mile Post 24.27 in the City of Shakopee, Scott County, Minnesota. 2. The Political Body agrees to reimburse the Railroad for fifty percent (50%) of Railroad's actual labor and material costs associated with the work and materials described in Section 1 above. The Railroad estimates such cost.to be Sixty Thousand, Two Hundred and Eight Dollars ($60,208.00), as set forth in Estimate of Material and Force Account dated March 14, 2008, marked Exhibit A, hereto attached and hereby made a part hereof. During the performance of such work the Railroad will provide progressive billing to Political Body based on Railroad's actual costs. Actual costs to the Railroad shall include the customary, standard additives to materials, services and labor provided by the Railroad. Within 120 Days after Railroad has completed its work,. the Railroad will submit a final billing to Political Body for any balance owed. Political Body shall pay the Railroad within thirty (30) days of its receipt of all bills submitted by the Raihoad. 3. The Railroad, at its cost, shall maintain the crossing between the track tie ends. If, in the future, the Political Body elects to have the surfacing material between the track tie ends replaced with material other than timber planking, the Railroad, at the Political Body's expense, shall install such replacement surfacing. 4. The Political Body, at its sole cost and expense, shall provide traffic control, barricades, and all detour signing.for the crossing work, provide all labor, material and equipment to install concrete or asphalt street approaches, and if required, will install advanced warning signs, and pavement markings in compliance and conformance with the Manual on Uniform Traffic Control Devices. 5. If Political Body's contractor(s) is/are performing any work described in Section 4 above, then the Political Body shall require its contractor(s) to execute the Raihroad's standard and current form , 1 of Contractor's Right of Entry Agreement. Political Body acknowledges receipt of a copy of the Contractor's Right of Entry Agreement and understanding of its terms, provisions, and requirements, and . will inform its contractor(s) of the need to execute the Agreement. Under no circumstances will the Political Body's contractor(s) be allowed onto the Raihoad's premises without first executing the Contractor's Right of Entry Agreement. 6. Fiber optic cable systems may be buried on the Railroad's properly. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting iri business inten•uption and loss of revenue and profits. Political Body or its contractor(s) shall telephone the Railroad during normal business hours (7:00 a.m. to 9:00 p.m., Central Time, Monday through Friday, except holidays) at 1-800-336-9193 (also a 24-hour number, 7 day number for emergency calls) to determine if fiber optic cable is buried anywhere on the Railroad's premises to be used by the Political Body or its contractor(s). If it is, Political Body or its contactors) will telephone the telecommunications company(ies) involved, arrange for a cable locator, and make arrangements for relocation or other protection of the fiber optic cable prior to beginning any work on the Railroad's premises. 7. The Political Body, for itself and for its successors and assigns, hereby waives any right of assessment against the Railroad, as an adjacent property owner, for any and all improvements made under this agreement. 8. Covenants herein shall inure to or bind each party's successors and assigns; provided, no right of the Political Body shall be. transferred or assigned, either voluntarily or involuntarily, except by express written agreement acceptable to the Railroad. . 9. The Political Body shall, when returning this agreement to the Railroad (signed), cause same to be accompanied by such Order, Resolution, or Ordinance of the governing body of the Political Body, passed and approved as by law prescribed, and duly certified, evidencing the authority of the person executing this agreement on behalf of the Political Body with the power so to do, and which also will certify that funds have been appropriated and aie available for the payment of any sums herein agreed to be paid by Political Body. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the date and year first hereinabove written. UNION PACIFIC RAILROAD COMPANY By Title: ATTEST: City of Shakopee - By City Clerk Title: 2 i DATSa 2008-03-14 ESTIMATE OF MATERIAL AND FORCE ACCOUNT WORK BY THE ' UNION PACIFIC RAILROAD THIS ESTIMATE GOOD FOR 6 MONTHS EXPIRATION DATE %S x2008-09-12 DESCRIPTION OF WORK: INSTALL 1 40 FOOT CONCRETE PAD ON WOOD.TIE ROAD CROSSING SURFACE INCLUDINGa TIES, RAIL, PADS AND BAIdJ~9T AT VALLEY IND BVD IN SHAXOPEB MN. MP. 24.30 ON THS MANXATO SUB. CITY OF SHAXOPSE TO BAY 504 OF THE COST AND UNION PACIFIC TO ALSO PAY 504 PIDa 61517 AWOa 87689 MP,SUBDIVa 24.30, MANRATO SERVICE UNIT: O1 CITYa SHAROPSE STATES MH DESCRIPTION QTY UNIT .LABOR MATERIAL RECOLL UPRR TOTAL ENGINEERING WORK ENGINEERING 1000 500 500 1000 ' LABOR ADD.ITIVB 2564 2560 1280 1280 2560 TOTAL ENGINEERING 3560 1780 1780 3560 TRAGIC ~ SURFACE WORR gpl,{y~T 1.00 CL 2282 752 1517 1517 3034 BILL PREP 900 450 450 900 ENVIRONMENTAL PERMIT 1 1 1 EQUIPMENT RENTAL 2000 1000 1000 200® FIELD WELD 1156 578 578 1156 FOREIGN LINE FREIGHT 202 101 101 202 HOME LINE-'FREIGHT 900 450 450 900 LABOR ADDITIVE 4361 11272 5667 5605 11272 MAIL STORS.EXPSNSE 260 128 .132 260 OTM 267 1958 1112 1113 2225 RAIL 160.00 LF 363 2468 1415 1416 2831 BOXING 40.00 TF 1697 10119 5875 5941 11816 ROADWAY APPROACH WORK 2000 1000 1000 2tlQ0 9AL83 TAX 806 403 403 806 SAW COT STREET APPROACH 2000, 1000 1000 2000 TRAFFIC CONTROL 5000 2500 2500 5000 7 TRX-SURF,LIN 2504 1252 1252 2504 WELD 552 382 467 967 934 XTIS 50.00 SA 2290 4517 3.408 3399 6807 TOTAL TRACK & SURFACE 23283 33365 28324 28324 56648 LABOA/MATERIAL EXPENSE 26843 33365 RECOLLSCTIBLE/UPRR SXPEN38 30104 30104 ESTIMATED PROJECT COST 60208 EXISTING REUSSABLE MATERIAL CREDIT 0 SALVAGE NONUSHAHLE MATERIAL CREDIT D RECOLLECTIHLS LESS CREDITS THE ABOVE FYGURE9 AR8 ESTIMATES ONLY AND SUBJHCT TO FLUCTUATION. IN THS EVENT OF AN INCREASE'OR DECREASE IN THE COST OR QUANTITY OF MATERIAL OR LABOR REQUIRED, UPRR WILL 1~%LL FOR ACTUAL CONSTRUCTION COSTS AT THE CURRENT EFFECTIVE RATE. ~a~~s