HomeMy WebLinkAbout5.D.3. Union Pacific Railway Agreement for Railroad Crossing Signals and Gates
5. 0.3.. !
CITYOF SHAKOPEE
Memorandum CO~~~r-~'~T
TO: Mayor & City Council .. ii\1~tJ~'
Mark McNeill, City Administrator
FROM: Bruce Loney, Public Works Director
SUBJECT: Approval of Agreement No. 92324 between the City of Shakopee
and the Union Pacific Railroad Company and the Commissioner of
Transportation of the State ofMN for Railroad Crossing
Signals and Gates at the Intersection of Apgar Street & Scott
DATE: December 15, 2009
INTRODUCTION:
Attached to the memorandum is Agreement No. 92324 for the installation and
maintenance of railroad crossing signals and gates with circuitry at the intersection of
Apgar Street & Scott Street with the tracks of the Union Pacific Railroad Company.
Also attached is Resolution No. 6971 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 Apgar
Street & Scott Street. Previously, the City of Shakopee has discussed these railroad
crossings with the Railroad Safety Committee consisting of Councilor's Matt Lehmann I
and Terry Joos, along with Bruce Loney, Public Works Director, Mark McNeill, City
Administrator and with other representatives from MnlDOT and the Union Pacific
Railroad Company in 2004. Also, the City at its November 17,2009 Council meeting,
approved a notice to move forward with the railroad safety improvements.
With this agreement, the City of Shakopee will be responsible for 10% of the costs for
the placement of the signal, 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 Apgar Street and Scott Street. It is anticipated that areas exist in the 2nd
A venue 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, as gates and signals are standard railroad safety
improvements now. Staffs initial application was for flashing signals similar to other
crossing improvements.
In order for the City to proceed with this project, the execution of Agreement No. 92324
is necessary for the Union Pacific Railroad Company to install the flashing signals and
for reimbursement by the State ofMn of 90% of the project costs. The City's costs for
the flashing signals and gates are estimated to be $69,962.60. The City will be required
to provide power to the control cabinet as well. The CIP has $100,000.00 budgeted
from the Capital Improvement Fund.
ALTERNATIVES:
1. Approve Resolution No. 6971, authorizing the appropriate City officials to
execute Agreement No. 92324 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 Apgar Street and Scott Street.
2. Do not approve Resolution No. 6971.
3. Table for additional information.
RECOMMENDATION:
Staff would recommend Alternative No.1, approve the agreement in order to improve
the safety of the railroad crossing at the intersection of Apgar Street and Scott Street,
utilizing Federal funding of 90% of the costs of the flashing signals and gates.
ACTION REQUESTED:
Offer Resolution No. 6971, Authorizing Agreement No. 92324 for Installing Railroad
Crossing Flashers and Gates at Apgar Street and Scott Street and move its adoption.
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ENGRI2009_PROmCIsnOO9_COUNCUJME6971_AUTHOlUZE-AGREEMENT-92324
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RESOLUTION NO. 6971
A Resolution Authorizing Agreement No. 92324
For Installing Railroad Crossing Flashers
And Gates At Apgar Street & Scott Street
BE IT RESOLVED, that the City of Shakopee enter into an agreement with the
Union Pacific Railroad Company and the Commissioner of Transportatio.n for the
installation and maintenance of railroad crossing signals at the intersection of Scott Street
(aka MUN 38) and Apgar Street (aka MSAS 101), 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 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 ,2009.
Mayor of the City of Shakopee
ATTEST:
City Clerk
ENGR/2009PROJECTS/2009-COUNCIURES6971-AUTHORIZE-AGREEMENT92324
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"~I* Minnesota Department ofTransportatlon
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\ r} Office of Freight and Commercial Vehicle Operations
~+,: ~Oj Mail Stop 470 .
O/>Tl\P' 395 John Ireland Blvd. . Tel: 651/215-6330
St. Paul, MN 55155-1899 Fax: 651/366-3720
December 3,2009 Phone: 651/366-3671
jim. weatherhead@dot.state.mn.us
Bruce Loney
Shakopee Public Works Director
129 Holmes Street S
Shakopee, MN 55379-13 51
Re: State Project: 70-00119 & 70-00120
Location: Scott Street and Apgar Street, City of Shakopee, Scott County, MN.
Railroad: Union Pacific Railroad
Agreement No. 92324
File No. F1975 & F1976
Project: Railroad Crossing Signals
Dear Mr. Loney:
Enclosed are six copies of the above referenced agreement to install signals \~t Scott Street and Apgar
Street. This project is included in the 2009-2012 State Transportation Improvement Program, Sequence
# 1815 and 1816 respectively,
There are two pages that.must be signed and completed by the City Of Shako pee:
Page 6 is the main signature page and requires two signatures of city officials; signed, with title
and date included, on the left hand side of the page.
Page 7 is the Resolution Page. You may use the one provided or submit .one of your own. In
either case, the resolution should be certified or attested to by an appropria.te official.
Please contact me before making any cbanges, additions or deletions to this agreement. Sign all six
copies of the agreement as instructed above, and return all copies to this office. for further processing.
One fully executed copy will be returned to you. .
. .
Please give. me a call if you have any questions, comments or concerns.
Jim Weatherhead - Project Manager
Railroad Administration
Enclosure: Agreement No. 92324 (6 copies) )
cc: Julie Carr, Mn/dot Program Manager
File
An equal opportunity employer
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AGREEMENT 92324
USDOTNO 185 335B (F-1975)
185 336H (F-1976)
DATED
S.P. 70-00119
70-00120
FEDERAL RRS-70 1 0(028)
PROJ. No.
FUNDS Federal and City
Railroad Crossing Signals
-,
Scott Street (aka MUN 38)
Apgar Street (aka MSAS 101)
. City of Shakopee, Scott County .
State of Minnesota
Union Pacific Railroad
Standard Agreement "A"
Dated September 1, 1998
THIS AGREEMENT; made arid entered into by and between the CITY OF SHAKOPEE,
hereinafter called the "Local Agency"; the UNION PACIFIC RAILROAD, hereinafter called the
"Company"; and the COMMISSIONER OF TRANSPORTATION, STATE OF MINNESOTA,
hereinafter called the I1State", 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, Scott Street (aka MUN 38) and Apgar Street (aka MSAS 101), as now
established, crosses the tracks of the Company at grade in the City of Shakopee, Scott County,
Minnesota, the location of said crossing and railway track being shown onthe print hereto
attached, marked Exhibit liB"; and
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AGREEMENT NO. 92324
WHEREAS, the Local Agency and the Company desire that said grade crossings be
provided with railroad flashing light signals with gates, constant warning circuitry and LED
lenses, and the Company is willing to install, maintain and openl.te such signals upon the terms
and conditions hereinafter stated; and
WHEREAS, the State, pursuant to Minnesota Statute Section 219.26, has reviewed the
prop,?sed 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
Clausesi'. Except as hereinafter expressly modified, all ofthe 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 arid 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 Scott Street (aka MUN 38) and Apgar Street (aka
MSAS 101), at the location indicated on 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.
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
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AGREEMENT NO. 92324
complete the work within the period herein specified, it shall make a written request to the State
Jor an extension oftime for completion, setting forth therein the reason for such extension.
The Daily Utility Report provided for in Article 7a ofthe 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 paymenfwith 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, Exhib~t "C".
Estimated Cost of Signals
90% State Funds (reimbursable with federal funds) $6290,663.40
10% Local Agency Funds $69,962.60
Total Estimated Cost of Signals $699,626.00
TOTAL ESTIMATED COST OF PROJECT $699,626.00
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 list~d above as "Total Estimated Cost of Project." However, this obligation may be
increased to 120 percent ofthe "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
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AGREEMENT NO. 92324.
total financial obligation under this Agreement shall not exceed the "Total Estimated Cost of
t Project" plus 20 percent, of which the State shall pay 90 percent and the Local Agency shall pay
10 percent.
4. WORK CHANGES
In the eventit 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 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 REMOV AL
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 remoyal.
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.
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AGREEMENT NO. 92324
7. DETOURS AND WORK ZONE TRAFFIC CONTROL
If ther:e 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 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 barricad~s.
8. SIGNING AND PAVEMENT MARKINGS
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/products/signing/sheeting.html. 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.
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AGREEMENT NO. 92324
IN WITNESS WHEREOF,. the parties hereto have caused this agreement to be duly executed.
CITY OF SHAKOPEE UNION PACIFIC RAIL WAY
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. ~~ l6A.15and 16C.05
Signed: . Dated: MAPS:
APPROVED:
Department of Administration
By:
Authorized Signature
Dated:
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AGREEMENT NO. 92324
RE~OLUT!ON
Authorizing Agreement No. 92324 for installation of Railroad Crossing Flashers and Gates
at Scott and Apgar Street
~
BE IT RESOLVED, that the City of Shakopee enter into an agreement with the Union Pacific
Railway Company and the Commissioner of Transportation for the installation and maintenance
of railroad crossing signals at the intersection of Scott Street (aka MUN 38) and Apgar Street
(aka MSAS 101), with the tracks of the Union Pacific Railway Company in Sh~opee,
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 and any amendments thereto for and on behalf
of the City.
Adopted in session of the City Council ofthe City of Shakopee,
Minnesota, held this day of ,20~.
ATTEST: Mayor of the City of Shakopee
City Clerk
STATE OF MINNESOTA )
)ss CE;RlIEI CAlI ON
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 Shako pee at a duly authorized meeting thereof
held in the City Hall at Shakopee, Minnesota, on the day of ,20_,
as disclosed by the records of said City Council in my possession.
By:
Title:
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EXHIBIT "A"
STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION
STANDARD CLAUSES
FOR
RAILROAD-HIGHWAY AGREEMENTS.
, June 13,2007
1. EFFECTIVE DATE
This Agreement will become effe.ctive 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 an 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 tl;1e 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-Iaw provisions, governs this Agreement. Venue for all legal proceedings arising out ofthis
Agreement, or its breach, will be in the appropriate state or federal court with competent jurisdiction in Ramsey
CotWty, 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 Compariy 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 ofthe 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
social security number, federal employertax identification number, and/orMinnesota tax identification number,
already provided to the State, to federal and state tax agencies and state personn~l 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 5
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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 Band Chapterl, Subchapter B, Part 140, Subpart I, apply to railway-highway
project; regardless of the method of financing the project..
7. WORKREPORTS
The Company will furnish the State's Engineer in charge of the project:
a. "Form 21191, Minnesota Department of Transportation, Daily Utility Reporf', Union Pacific
electronic payroll report which lists labor hours and costs in a form acceptable to FHW A, 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-.1h~-SJJl~-----
b. Full detailed information as to progress of work and amount oflabor and material used as ofthe
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 [mal billing will be made to' the Company within thirty
(30) days ofthe 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 Coinpany
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
the State and the Company has made such determination.
EXHIBIT "A" - Page 2 of 5
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9~ WORKERS' COMPENSATION
The Company will certify that it is incompliance 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 maCle by a third party as a consequence ofthe acts or omissions ofthe
Company, its agents, employees or contractors are in no way the responsibility ofthe State.
10. 'COST -SHARING
. lithe cost of a project is being shared by the State and other parties, each party should receive a bill setting forth
its proportional share ofthe costs whenever a project billing is subinitted.
11. INSPECTION, STANDARDS OF PERFORMANCE
The CompaJ;1y and/or Local Agency>Will permit the State to inspect ~d 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 standard~ 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.
I
Applicable standards for railroad grade crossing construction shall consist of standards and regulations in AASBTO,
AREMA, FHW A, Minnesota MUTCD, Minnesota Statutes SS 219.0 et seq. and Minnesota Rules SS 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 ~pplicable standards for work of the type at issl!e.
Should the work fail to be performed i~ a timely manner or in accordance with applicable standards, the State
may immediately suspend further payments underthis Agreement andthe Company must repay all funds .
expended on unsatisfactory work. ,
12. STATEAUDITS
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 subjectto 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
lfthe 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 pf 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 5
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14.'DISADV ANTAGED 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 Agreementmust 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 ~e let by the State, including the State's supervision ofthe 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 anytortreasor, 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 ofthe railway-highway project in
the manner and to the extent set forth elsewhere in the Agreement.
1
EXHIBIT "A" - Page 4 of 5
- -_. -.- ~ ~_ ~_ - .__ _k
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APPENDIX A
Non-Discrimination Provisions of Title VI of the Civil Rights Act of 1964
During the performance ofthis contract, the contractor, for itself, its assignees and successors in interest (hereinafterreferred 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, hereinafterreferred 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 Equipmeut: 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 subcontI:actoror 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, accotmts, 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 informatiID.
(5) Sanctions for noncom pliance: 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 ofthe 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 pursmnt 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 noncomplince: 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 th interests of the State, and in addition, the contractor may request the United
States to enter into such litigation to protect the interests of the United States.
EXHIBIT "A" - Page 5 of 5
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EXHIBIT B
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DATE. 2009-09-17
ESTl~~TE OF ~~TERIAL AND FORCE ACCOUNT WORK
BY THE
UNION PACIFIC RAILROAD
THIS ESTII4ATE GOOD FOR 6 ~~NTHS EXPIRATION DATE IS :2010-03-18 r:.~
DESCRIPTION OF WORK: fi!!!1!3rr ("j
INSTALL AUTO~~TIC FLASHI~G LIGHT CROSSING SIGNALS i~~. iii ~
.. ....;_~!i~.
~IITH GA1'ES AT SHAKOPEE, t-m. SCOTI' " APGAR STREETS
/01.11.28.22 & 1.1.P.28.30 ON THE WillKATO SUB.
DOT #1'8S?:?5B & DOT 11165336H
~ORK TO BE PERFORMED BY RAILROAD WITH EXPENSE ~S BELOW:
SIGNAL/TRACK - FEDERAL - 100%
ESTII4ATEO USING FEDERAL ADDITIVES WITH INDIRECT AND
OVERHEAD COST'S ~ SIGNAL 167.76% & TRACK 204.59%
PIO: 64636 AWO: 00623 l-lP,SUBOIV: 28.30, MANKATO
SERVICF; UNIT: 01 CITY: SHAKO PEE STATE: J.IN
DESCRIPTION QT'" UNIT IJ\llOR 1.~TERIAL RECOLL UPRR TOTAL
----------- _n - - -- ---..... .......-.....-.. ...... ...-..... ..... ......- - -~_..
ENGINEERING \'lORK
BILL PREP 900 900 900
CONTRACT 15299 1S299 15299
ENGINEERING 14955 14955 14955
LABOR ADDITIVE 167.76% 237616 237616 237616
!.IETER SERVICE 10000 10000 10000
NON-STOCK CONDUIT 9500 ~500 9500
PERSONAL EXPENSES 62760 62760 62760
ROCK/GRAVEL/FILL SOOO 9000 9000
SIG-Hl-IY XNG 125757 125757 125757 .
TRANSP!IE!OB/RCLW CONTR 21326 21326 21326
\'lZT CONTROL 15353 153 S3 15353
------- -------- -------- --_.._-~- -~_.._---
TOTAL ENGINEERING 379226 143238 522466 522466
SIGNAL ~IORK
t.Wl'!. STORE EXPENSE 9 9 9
sALES TA-X 6119 6119 6119
SIGNAL 152991 152991 152991
_~_____ _____~__ r_______ ________ .-...--..--
TOTAL SIGNAL 159119 159119 159119
TRACK & SURFACE \'lORK
ENVIRONl~ENTAL-PERl~ITS 1 1 1
FIELD I'JEW 100 100 100
LABOR ADDITIVE 204_59% 4799 4799 4799
1.~TL STORE EXPENSE 431 431 431
aSH 2152 2152 2152
OTH 3726 5979 9705 9705
SALES TAX 345 345 345
\'IELD 508 SOB 508
------- -------- -----...- -------- .-------
TOTAL TRACK & SURFACE 8625 9416 18041 18041
------- --------
LABOR/I4ATERIAL EXPENSE 387853 311773 -------- --------
RECOLLECTIBLE/UPRREXPENSE: 699626 o __n____
ESTIHATED PROJECT COST 699626
THS ABOVE rIGURES ARE E$TI~U>TES ONLY ~ID. SUBJECT TO FLUCTUATION. IN THE EVENT OF
AN INCREASE OR DECREASE IN THE COST OR QUANTITY OF ~lliTERIAL DR LABOR REQUIRED;
UPRR. \'IILL BILL FOR ACTUAL CONSTRUCTION COSTS AT THE CURRENT EFFECTIVE RATE_
-- ~_. - ...,; .. _ _r.~' _ ._ _ _. ,_ - -- -~
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FORl.j 30-1 PAGR 04 ~lORE
WORK ORDER AUTHORIZATION-DETAIL OF ESTI}lATED EXPENDITURES
PROJ NO: 64636 ~'~:ii~J i7;:~-C~l
A.W.O. NO: 00623
W.O. NO: l~~t;) ~l .' ~
.RAILROAD: Ul?RR CO. B.I. NO: 0~ENI0 . ,,~ rt7.a~~J
LOCATION: SHAKPOEE,~rn,ScOTT STREET STATE: r.IN '.". ..... I ... "
DEPARTI~ENT: ENGINEERING .SERVICES VAL SEC: 21(7)\
______________________________________________w_______------------------------------------------
_________________________ STOCK ~~TERIAL PLAN --------------------------
ITElol ITElol UNIT DIRECT
NU}ffiER DESCRIPTION COST QTY UM MATL $
-------- -------------------------------- ---------- ------ -- -------
02040540 BATTERY , GNE, 50A19, 475 AH. 23L6'i 20 El\ 4633
.090101lO0 CABLE SPLICING KIT. N-2 28.29 6 EA 170
09011240 CABLE TIE, NYLON 1 1/8" }IAX. DIA 0.02 200 EA 4
09011980 CABLE TIE, NYLON 3 1/2" I.IAX. DIA 0.18 20 EA 4
09014950 CIRCUIT BRY.R,120/240V 20A 2 POLE 14.60 1 EA 15
09015690 CIRCUIT BRE~KER, 120/240V 30A AC 5.96 ~EA (;
09054360 RELAY, GEN.PURPOSE 120V. TAB 856 4.67 1 EA 5
09057650 SOCKET,P-B 27E122 TAB 836A & 856 2.08 1 EA 2
09065700 TAPE, ELECTRICAL PLASTIC 2.84 4 RL 11
09066900 TERHINAL, SPADE, 10-12 ~IIRE, #\\ STUD 0.17 10 E1>. 2
09137100 TEID1.LUG 3/16 CABLE-1/4 POST 2412 0.55 30 EA 17 ;
;
09215100 33466 TERl1INAL, RING TONGUE lJ.IP 0.19 44 EA \\ i
09224750 216-107 TER}IINAL,FERRULE,FOR #10 0.06 20 EA 1
09224800 216-104 TER}lrNAL. FERRULE, w 0.02 50 El\. 1
q926035a TERlolINAL, 1116-14 .#8 SPAlJE 0.07 35 EA 2
09261420 321524-1 TEID4INAL,TEST 16-22 A L84 4 EA 7
09261570 321527-1 TEID1INAL, TEST 1.66 15 EA 25
09401140 ADAPTER, 4 INCH CARLON PLASTIC 3.00 2 EA I>
09409820 BUSHING, 4" PU,STIC, INSULATING 0.82 2. EA 2 i
i
09424920 CONDUIT, 4", PVC, .TYPE 40 2.01 120 1.1" 241
09467930 LOCKNUT, 4 INCH, GALVANIZED 5.19 2EA 10
09844170 GROUND ROD, 5/8 INCH X 8 FEET 7.84 19 EA 149
09846750 GRND.ROD CONN. 4WAY ONESHOT. 5.13 19 EA 97
09908G40 WIRE,#6 AWG.1 COND.COPPER,SOLID 0.31 475 LF 147 ,
09912400 mRE #6 AI'IG 2 CND 500'RL. ,TK ~IIRE 0.96 1000 LF 960
09912420 WIRE fiG AWG 2 CND 1000'RL TK WIRE 0.95 3000 LF 2850
09914550 WIRE,#6, 5 CONn 1000'ROLL SHIELDE 2.78 2000 1.1" 5560
09915610 ~IIRE #6 AWG 1 COND COPPER, STRAN 0.54 220 1.1" 119
09930550 WIRE #10 AWG 1 COND COPPER, STRAN 0.17 1200 1.1" 204
09932310 WIRE #10 AWG 1 CONn COPPER, TI1IST 0.46 250 LF 115
0994&070 WIRE #14 7 CONn 1000'ROLL SHIELDE 1.29 3000 Ll? 3870
09946100 WIRE #14, 7 CND 500' ROLL SHIELDE 1.34 500 Ll? 670
09946730 WIRE #14 AWG 12 COND SHIELDED 1.96 2000 LF 3920
09960090 W1RE #16 A~~ 1 COND COPPER, STRAM 0.10 500 LF 50
09976180 \'IlRE,#22,TW.PR. BELDEN 118761 0.13 20 LF 3
135<\7870 SHEET f.lETAL SCRE~I. IlI0 l( 1 INCH 3.44 < 1 BX 3
13552450 SHEET ~~TAL SCREW,#12 X 3/4" 2.10 2 BX 4
13553150 SHEET ~ffiTAL SCREW #12 X I" 3.03 2 BX 6
17061400 PADI~CK,SIGNAL,WITHOUT KEY,~ffiRIC 15.01 16 EA 240
2S033210 CARTON, 39 l/S"L l( 23 1/4"W X 17 5.65 1 EA 6
~, -- ,~ - -- - _. - -. --- '- - .-." ~ - -~, -_..- ~ ..-- - -- --..- -~- .- -" - ~. - ,-
r \. ) t
FORI.l 30-1 PAGE Q5 NORE
NORK ORDER AUTHORIZATION-DETAIL OF ESTIMATED EXPENDITURES
PROJ NO: 64636
A.W.O. NO: 00623 :'UHI~rfCr
W.O. NO:
RAILROAD; UPRR CO. B.I. NO: 09ENIO ~! .' ~
LOCATION: SHAKP08E,I.IN,SCOTT STREET STATE; t.IN
,. . ~ ..
DEPARTMENT, ENGINEERING SERVICES V!\L SEe: 2107A
MM______________M__________________________________________________________________M____________
28033230 CARTON, 47 3/8"L )( 39 1/2"N )( 18" 11. 07 1 SA 11
28041880 pAJ_LET, 48 X 40 INCH 2/WAY 8.88 2l::A 18
35040020 PLASTER OF PARIS, #OAP 10308 2.79 4 BX 11
39300710 SIGN, -2 TRACKS- ~w STD PAGE 403. 18.21 2 EA 36
39340220 SIGN, HIGHW~Y CROSSING 50.00 2l::A 100
52001370 SURGS PROTECTOR SP20-2A TAB 585 12.10 2EA 144
52003190 BOND WIRE, 7 INCH LONG, 5/16 DIA. 5.77 100 l::A 577
52003630 POWER CABLE, CABIN TO. GENERATOR - 148.20 lEA 148
52005700 BOND WIRE, 7 STRANDS 100 LF. ROLL 0.76 1300 LF 1368
52001040 WEB ~ffiLD BOND WIRE TK.CIRC.CONN. :>.90 200 EA 780
52016830 \<1IRE DUCT, 2)(3 8.44 Sl::A 68
52016940 WIRE DUCT, 3X3 9.91 6EA 60
52017510 WIRE DUCT COVER 2"X6' 1.84 B EA 15
52011620 WIRE DUCT COVER 3"X6' 2.71 6EA 16
52019530 ENCLOSURE,SHUNT,POLE MOUNTEO.24X2 173.34 10 EA 1733
52019560 EQUALIZER, H.D. TAB 583 9.22 44 EA 406
52021550 FOUNDATION,4',STEEL,FOR FLSHR/GAT 313.46 4EA 1254
52.025260 HOUSE, 6)(6, 1'llCLUlATE CONTROL 7532.05 1 EA 7532
52027350 CLIP BOARD - FOR SIGNAL PRINTS 8.02 1 EA 8
52027430 STEP BOX 16.28 lEA 16
52028420 LIGHTNING ARRES1UR,CLR-COI~1 TAB 3 6.% 104 EA 724
52029780 LIGHTNING ARR,HD TAB 582.W/O BASE 9_98 4 EA 40
52030010 LIGHTNING ARRESTOR CONN.STRIP 3.93 8EA 31
52039210 RECTIFIER,20EC,12V.TAB575 273.99 3EA 822
52042650 POST, !.lOtJNTING, FOR SHUNT HOUSING 19_31 20 EA 386
52068650 TEro1INAL, #6 - 5 WIRE - RING TYPE 0_16 55 SA 9
52070010 TEffi1INAL,#12-10 WIRE,RING TONGUE 0.13 450 EA 59
52071600 TEroolINAL,#20-16 l-lIRE,RlNG TONGUE 0.07 150 EA 11
52072280 TEffi~INAL BLOCK, SIGNAL 2 POST BAK 3.75 48 EA 180
52072740 TEffi4INAL BLOCK, SIGNAL 12 POST 6 15.B3 lEA 16
52072960 TEffi1lNAL BLOCK, SIGNAL 12 POST 12.69 12 SA 152
52074570 TEST LINK, 1" CENTER TO CENTER 1.53 22 SA 34
52074580 TEST LINK. 2-3/8" CENTER TO CENTS ~.89 1l::A 2
52079550 l'IIRE TAG, PLASTIC - ~1HITE 0.13 100 EA 13
&2079560 ~~KING PEN (FOR ~1HITE TAG) 1.95 lEA 2
52108180 LED-FL/GATE ASSY.2M~11W45FR 8280.25 2 SA 16561
52108220 LED-FL/GATE ASSY,2~11W45FL~FR 9236.38 2EA 1B413
52109370 GATE Am1, ADJ.16-32' 466.09 4EA 1864
52122140 HIGH WIND BRACKET 5"OR 4" 63,99 4EA 256
52136470 SHEAR PIN, SK-1000-1 5.50 4 EA 22
52200300 EVENT AlmLYZER RECORDER (SEARl II) 2029.03 2 EA 4058
52207150 GRD XING PREDICTR GCP 4000 6TK.~~ 15626.68 2EA 31253
52245100 RELAY INPUT/OUTPUT. (RIO) mOULE 1014.54 4 EA 4058
52258590 NBS, TAB 641, 62775-1543 407 . 42 8 EA 3259
52258980' NBS, TAB 640, 62775-8621 507.72 2EA 1015
52263600 SURGE ARRESTOR, HETER LOOP. 28.46 1 EA 28
~'. *.-"- --- - ."~ -,~. _. -,- - ._--- '-'-.. ...------._-- -".-.--'-."""'- _"___ .,,_.. _.___.'_..._r.. ....,,__ ______.. ..~._.__... .... _. "'" .,.~~,___, ......,._."_. .__._ _~~,'_ __. ___~" " ~
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FORM 30-1 PAGE 06 r':ORE
WORK ORDER AUTHORIZATION-DETAIL OF ESTI~~TED EXPENDITURES
PROJ NO: 64636 . _ ~:"f'~#_""""'''' .... ..
A.W.O. NO: 00623 ;~ ~nHI~tr (II
~I.O. NO: :. , .~a .'.
RAILROAD: UPRR CO. ll. I. NO: 09ENlO ,',
<. . ..,
LOCATION, SHAKPOEE. HN, SCOTT STREET STATE: r.1N
DEPARTI4ENT, ENGINEERING SERVICES VAL SEC: 2107A
______________w________.._____~_______________________--------------------------------'----------
52263690 SURGE PANEL - TAB 619 126.95 6EA 762 -
522G4040 SURGE PANEL - TAB 618 190.52 lEA 191
52267200 TRJUfSCEIVER MODULE. FOR GCP 4000 2916.76 SEA 17501
5227&150 SS XING CONTROLLER II.ODULE FOR GCP 1649.95 4 :E:1>. GS95
5227GGOO CROSSING CNTRLR 3+ 40M{P 4095.80 1 EA 4096
53648010 INSULATING CAP & SHIELD ASSY. 2.29 4 .EA 9
53903460 EPD 120/240TDFL SURGE PROTECTOR 271.2ii lEA 271
53954500 180429-000 BOOTLEG KIT 49.78 36 EA 1792
55016500 RAIL ANCHOR G" BASE UNIT 1.10 %0 EA 1056
55067070 TRACK SPIKES 5/8 X I) - 150# KEGS 65.31 o KE 7
55255260 FIELD ~ffiLD KIT. 133# ONE SHOT 5a.62 8 EA 469
55264570 PACKING SAND. PRE-MIXED (PER SACK 22.43 1 CA 36
55264930 REFRAC1~RY PASTE 1.83 2 EA 4
55311160 INS JOINT 115#. POLY 36.5" 3.5X6X 208.35 4 EA 833
55317060 INSULATED JOINT 133# PLUG HH 18-2 1020.63 4EA 4083
55732050 GAGE PLATE, 115-119# HOG (NP) 620.14 1 EA 620
55755830 SWITCH ROD. #2.#3.#4 PO/HT UNIV V 412,02 1 EA 412 !
55755840 SWITCH ROD, #1 HT UNIV VERT 447.92 1 EA 448
55791450 SWITCH PLATE, GAGE 115URE NO 1 672.38 lEA 672
TOTAL 161,631
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