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HomeMy WebLinkAbout15.B.1. Agreements with Union Pacific Railroad Company-Res. No. 6143-Res. No. 6144 CITY OF SHAKOPEE IS: 13. J/ Memorandum TO: Mayor & City Council Mark McNeill, City Administrator CONSEr~T FROM: Bruce Loney, Public Works Director SUBJECT: Approval of Agreement No. 86066 and Agreement No. 86067 between the City of Shakopee and the Union Pacific Railroad Company and the Commissioner of Transportation ofthe State ofMN for Railroad Crossing Flashers. at the Intersection of Sommerville and Spencer Street DATE: November 3, 2004 INTRODUCTION: Attached to the memorandum are Agreement No.'s 86066 and 86067 for the installation and maintenance of railroad crossing flashers with circuitry at the intersection of Sommerville and Spencer Street with the tracks of the Union Pacific Railroad Company. Also attached are resolutions authorizing the City of Shakopee to enter into these agreements with the Union Pacific Railroad Company and the Commissioner of Transportation ofthe State ofMN. BACKGROUND: The City of Shakopee has applied for additional safety improvements for its railroad crossings and was successful in obtaining Federal funding for two crossings. 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 MnlDOT and the Union Pacific Railroad Company. The Railroad Safety Committee and City Council did discuss the railroad safety improvements and the selection for improvements was to be at Sommerville and Spencer Street with the tracks of Union Pacific Railroad Company. Also, the Council did discuss at its August 17, 2004 meeting, the preferred locations of signal cabinet bungalows for these signals and selected the north side of the track for location. With these agreements, the City of Shakopee will be responsible for 10% of the costs for the placement of the signals and circuitry at these two intersections. Also the City of Shakopee will be responsible for obtaining the right-of-way for a shared bungalow between the crossing at Spencer Street and Sommerville Street, as well as responsible for the cost of doing the necessary curb and road work on 2nd A venue to accommodate the new flashers and provide proper clearances in accordance with the MN Manual on Uniform Traffic Control Devices. It is anticipated that clearances are not met at the Spencer Street crossing, thus there will be curb and road work that will be necessary to meet the Federal clearances for the installation of the flasher light signals. Attached to this memorandum is the proposed Capital Improvement Program sheet for this proj eet and an estimated cost to the City would be. approximately $75,000. 00 Jobe .. ,... paid out of the Capital Improvement Fund. In order for the City to proceed witl} this project, the execution of Agreement No.'s 86066 and 86067 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 is estimated to be $5,389.00 for the Sommerville Street signal and approximately $13,686.80 for the Spencer Street signal. The City would need to obtain right-of-way for the shared bungalow and pay for the roadway costs associated for providing proper clearances on Spencer Street and Sommerville Street, if necessary. ALTERNATIVES: 1. Approve Resolution No. 6143 and Resolution No. 6144, authorizing the appropriate City officials to execute Agreement No. 86066 and Agreement No. 86067 with the Union Pacific Railroad Company and the Commissioner of Transportation for the State ofMN for the installation and maintenance of railroad crossing flashers with circuitry at the intersections of Sommerville Street and Spencer Street respectively. 2. Do not approve Resolution No. 6143 and Resolution No. 6144. 3. Table for additional information. RECOMMENDATION: Staff would recommend Alternative No.1, to approve the agreements in order to improve the safety of the railroad crossings at the intersection of Sommerville and Spencer Street, utilizing Federal funding of90% of the costs of the flashing signals. ACTION REQUESTED: Approve Resolution No. 6143 and Resolution No. 6144, authorizing the appropriate City officials to execute Agreement No. 86066 and Agreement No. 86067 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 with circuitry at the intersections of Sommerville Street and Spencer Street respectively. ~neY Public Work BUpmp ENGRlEMPWYEEFOLDERlPPENNINGTON/COUNCIUMEM6143 City of Shakopee Capital Improvement Program 2005 - 2009 Project Manager Project Type: Project Title: Total Project Cost: Bruce Loney Street Reconstruction Railroad Signalization $300,000 A. Expenditure Items: 2005 2006 2007 2008 2009 Land & ROW Construction 250,000 Improvements Engineering/Admin. 50,000 Total 300,000 - - - - - B. Funding Source: General Fund Capital Improvement Funds 75,000 Tax Increment Fund Park Reserve Fund Grants (specify) Donations (specify) 225,000 (Mn/DOT) State Aid Assessments Sanitary Sewer Fund-Base Sanitary Sewer Fund-Flow Sanitary Sewer Fund-Trunk Storm Drainage Fund-Base Storm Drainage Fund-Trunk Tax Levy Total 300 000 - - - - - Description: At grade railroad crossings at Sommerville Street and Spencer Street will need crossing signals due to traffic volumes at these intersections. I ~ Justification: Traffic volumes of vehicles crossing, increased number of trains and possible increased speed of trains warrant the signal installation. Other Comments: Funding from the State of Minnesota is programmed for these intersections. City cost is for 10% of signal cost and roadway realigned to place signals. OperatinQ Costs: AGREEMENT 86066 USDOTNO 185329X (F-1844) DATED . S.P. 70-00114 MINN. PROJ. STPX 7005(080) FUNDS Federal and City Railroad Crossing warning flashers wi circuitry Sommerville Street (MUN 54) 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"; 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, Sommerville Street (MUN 54), 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 WHEREAS, the Local Agency and the Company desire that said grade crossing be provided AGEEMENT NO. 86066 with railroad flashing light signals with circuitry, and the Company is willing to install, maintain and operate such signals upon the terms and conditions hereinafter stated; and WHEREAS, the State, pursuant to Minnesota Statute Section 219.26, has reviewed the proposed selection of warning devices for the railroad grade crossing and has determined that the proposed selection is appropriate for said crossing. 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 "AIf, 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 ofthis agreement with the same force and effect as though fully set forth therein. Exhibit "B", the location print; Exhibit "CIf, the detailed cost estimate; and Exhibit j'DIf, the Agreement Estimate Summary, are attached hereto and made a part of this agreement. 2. WORK PERFORMANCE AND TIME SCHEDULE The Company shall furnish all material for and with its regularly employed forces install a complete railroad crossing signal system with flashers and circuitry on Sommerville Street (MUN 54) (USDOTNO: 185329X), 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. The Company shall furnish one single bungalow for the Sommerville Street (MUN 54) (USDOTNO: 185329X) crossing and the crossing immediately to the east [Spencer Street (MSAS 114) (USDOTNO: 185328R)] on right of way acquired and owned by the Local Agency. The Local Agency shall furnish the appropriate right of way for a shared bungalow between this crossing [Sommerville Street (MUN 54) (USDOTNO: 185329X)] and the crossing immediately to the east [Spencer Street (MSAS 114) (USDOTNO: 185328R)]. Proper clearances aren't met if the - ')- AGEEMENT NO. 86066 . bungalow is placed on the Company's right of way; which is too harrow of a corridor with city streets on both sides. The Local Agency will do the necessary curb and roadwork on 2nd A venue to accommodate the new flashers and provide proper clearances in accordance with the Minnesota Manual on Uniform Traffic Control Devices (MMUTCD). If the Company determines that it is unable to perform all or a portion of the work with its ovm 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 complete 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 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 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". lt is understood that the following estimate is for informational purposes only. The estimated cost of the work to be done by the Company hereunder with its own equipment and regularly employed forces and in accordance with the Company's agreements with such regularly employed forces is as , follows and in further accordance with the detailed estimate, Exhibit "C", and summarized in Exhibit t1DI1. .., -.:J- AGEEMENT NO. 86066 Estimated Cost of Signals 90% State Funds (reimbursable with federal funds) $48,501.00 10% Local Agency Funds . $5,389.00 Total Estimated Cost of Signals $53.890.00 TOTAL ESTIMATED COST OF PROJECT $53,890.00 The State's total financial obligation shall not increase without its approval and the encumbrance of. additional funds. The total obligation under this Agreement is limited to the total amount listed above as Total Estimated Cost of Project. However, this obligation may be increased to 120 percent of the Total Estimated Cost of Project listed above if the Company performs work that is previously accepted in writing by the State and additional money was encumbered. The State reserves the right to not participate in project costs incurred without its prior consent. Notwithstanding any provision to the . contrary, the State's and Local Agency's total financial obligation under this Agreement shall not exceed the Total Estimated Cost of Project plus 20 percent, of which the State shall pay 90 percent and the Local Agency shall pay 10 percent. 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 ofthe 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 -4- AGEEMENTNO.86066 . 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 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 weigp,ts th;:tt are damaged, destroyed or otherwise fail to stabilize the barricades. -)- AGEEMENT NO. 86066 8. SIGNING AND PAVEMENT MARKINGS Subsequent to the installation of said signal system, the Local Agency agrees to install, as may be needed, appropriate advance warning signs, other supplemental signs and pavement markings in accordance with the Minnesota Manual on Uniform Traffic Control Devices (MMUTCD). The Local Agency agrees to install said signs using Wide Angle Prismatic Retroreflective Sheeting for Visual Impact Performance (VIP) manufactured by 3M Company. 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. (remainder of page left blank intentionally) ~6- AGEEMENT NO. 86066 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: Title: Dated: STATE OF MINNESOTA Recommended for Approval: Commissioner of Transportation By: By: Director, Railroad Administration Director, Freight, Railroads & Waterways Dated: Dated: STATE ENCUMBRANCE VERIFICATION individual certifies that funds have been encumbered as required by Minn. Stat. SS 16A.15 and 16C.05 Signed: Dated: MAPS: APPROVED: Department of Administration By: Authorized Signature Dated: -7- EXHIBIT "A" STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION STANDARD CLAUSES FOR RAlLROAD-HIGHW A Y AGREEMENTS May 15,2000 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 oftennination. However, the Company will be entitled to payment, determined on a pro rata 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 Minnesota law, without regard to its choice-of-Iaw 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 ofthe project. EXHIBIT "A" - Page 1 of 5 5. DATADISCLOSURE Under Minnesota Statutes Section 270.66, and other applicable law, the Company consents to disclosure of its social security number, federal employer tax identification number, and/or Minnesota tax identification number, already 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 which could result in action requiring the Company to file state tax returns and pay delinquent state tax liabilities, if any. 6. ELIGffiILITY OF COSTS The provisions contained in Federal-Aid Policy Guide, Chapter 1, Subchapter G, Part 646, Subpart B and Chapter!, Subchapter B, Part 140, Subpart I, apply to railway-highway project, regardless ofth~ 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 Report", 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 S~ate 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. At least 90% of partial bills marked "Progressive Bill No.1, No.2, etc." or "First, Second, etc." signed by an officer ofthe Company. b. Partial payment of the final bill marked "Final" signed by an officer of the Company and rendered in duplicate to the extent that retention by the State shall not exceed 10% of the total project cost prior to final audit. c. 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 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. final payment will be made after audit of the final bill. The Company will keep account of its work in such a . way that accounts may be readily audited. In the event that any amount previously paid to the company is in excess ofthe actual cost determined by audit, the Company, upon notice from the State, will promptly pay to the State the difference. E~HIBIT "A" - Page 2 of 5 AGREEMENT NO. 86066 RESOLUTION NO. 6143 Authorizing Agreement for Installing Railroad Crossing Flashers at Sommerville 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 Sommerville Street (MUN 54) 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 regular session of the City Council of the City of Shako pee held this 3rd day of November, 2004. Mayor ATTEST: City Clerk STATE OF MINNESOTA ) ) ss CERTIFICATION CITY OF SHAKOPEE ) I hereby certify thatthe foregoing Resolution is a true and correct copy of Resolution No. 6143 presented to and adopted by the City Council of the City of Shakopee at a duly authorized meeting thereof held in the City Hall in Shakopee, Minnesota, on the 3rd day of November, 2004, as disclosed by the records of said City Council in my possession. City Cierk 9. WORKERS' COMPENSATION The Company certifies that it is in compliance with workers' compensation insurance coverage required by Minnesota Law, or Federal Law if the Company is subject to Federal Law which preempts the Minnesota Law. 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. Anyclaims 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. 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 manner 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. OVERRUN OF ESTIMATED COSTS WITH NO WORK CHANGES If it appears to the Company, at any time subsequent to the date of this Agreement and prior to the final completion of such work, that the actual cost of the proj eet will exceed the estimated cost, the Company must send written request for approval to the State. The request will explain the reasons for the additional costs and the amount of the costs. If State approves such request, State will encumber additional funds and then issue a notice to proceed. Any additional expenses incurred by the Company prior to receiving notice to proceed may not be reimbursed by State. State's maximum obligation under this Agreement will not exceed 120% of the estimated cost, except by a fully-executed amendment to this Agreement. 13. STATE AUDITS Under MilIDesota 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. EXHIBIT "A" - Page 3 of 5 14. NONDISCRIMINATION If the Company enters into a contract with a contractor, to perfonn 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 ofthe nondiscrimination provisions in this Agreement and as set forth in "Appendix A" attached hereto and made a part hereof. 15. 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 perfonnance 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 49CFR 26, to insure that disadvantaged business enterprises have the maximum opportunity to compete for and perfonn 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. 16. 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. EXHIBIT "A" - Page 4 of 5 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 (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, 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, IncludingProcurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be perfonned 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 infonnation. 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 infonnation, 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 infonnation required of a contractor is in the exclusive possession of another who fails or refuses to furnish this infonnation, 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 shaIl impose such contract sanctions as it or the Federal Highway Administration may detennine to be appropriate, including but not limited to, (a) withholding of payments to the contractor under the contract until the contractor complies, and/or (b) cancellation, termination or suspension of the contract, in whole or in part. (6) Incorporation of Provisions: The contractor wiIl include the provisions of paragraph (I) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, order, or instructions issued pursuant thereto. The contractor will take such action with respect to any subcontract or procurement as the Department of Transportation or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the State to enter into such litigation to protect the interests of the State, and in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. EXHIBIT "A" - Page 5 of 5 ; ~. 'I. i~ !\ .\ \. \ \ .:r; \ 0 \ ::3 I fA \ \ \ (f.l .....,. \ Ortr. AV~ \ 1 .~ .....------- I \ . I..w-- hi -----~ % . I . \:3 r~ I . ~r \ w ~~~-~ . r I.~ , "j -~ ..GthAveE" .... ;to ~\ Ii 3.. 1 -::=;. .~.m .1 W . .. . I. . .. I I' ,~ .~- \ . I ~\ I, . I I, 'I . e .I r-OO ft I \-rI .~--- \ I .t ~ \ I TyI;?Av. 8 . I I I~ ~ II ___1 ------------- I~ I I, I , I EXH mil -:::~,. , ~... .. . ~i:: t . -~""'~ @ Garmin Corporaiion 1995-1999 . PATH: 2004-10-06 ES1'IKA~ OF 'l1\TBllI~L i\ND FORCE ACCOtlllT HORK BY THE 1JHI0N PACIFIC RAILROAD PllSCRIPTION OF WORKI INSTALL Ull VI. SIGNALS 1IND CONNECT TO m IN NEW CABIN AT SPENCER STRBIlT IN SHAKDPBB, M/i. M.P. 27.87 0)/1'H8 lWIl1ATO SUB. S!(;!W. PROJllC'r IWlAGllR: RON NASH 595-3275 RAILROAD TO PERFORM ALl. WORK / COS'! DISTRtBUTED AS FOI.LOWS: SIQlW, . STATE OF KiMSOTA lOOt RECOLLECTIBLE PIO: 48949 AWO: 46084 MP, SllllDIV: 2'7.87, MrolKATO SBRVICB DllIT r 01 CITY: SIlAKOPSE STATE: MN DESCll.IPTION on UNIT LABOR MATERIAL RECOLL UPllR TOm ..---------- --- ..,.... ..... ..-..... ..------ ----- -....-- BlIGIHEERING WORK EBGItmllRING 847 847 847 LABOR ADDITIVE 103.45% 1640 1640 1640 SIG-HlIY Xll'G m '139 739 ----.~~ ........ ........ ......--- -------- TOTAL ENGINEERING 3226 3226 322G SIGNAL KORle I:!l\TL STORE EXPIlNSE 43S 435 . m SIGllAL 8713 8713 8m -...... ........ ...----- -------- -------- TOTAL SIGlIAL 9148 9148 9148 TRACK " SURFACB tiORK BILL PREP 450 450 450 CONtRACT 8n an 871 EARTH PILL/ROCK 800 800 800 IJABOR ADDITIVB 103.45% 13769 13'169 13769 PERSONAL EXPENSES 11250 11250 11250 SALES TAA 566 566 566 SIG.Htly X>>G 13310 13310 13310 TRANSPORTATION CHARGES 500 500 soo ....... ...----- -------- -------- ........ TOTAL TRACK &: SURPACE 27529 1398'7 41516 41516 ....... ..a_____ lJIBOR/MATHRIAL EXPENSE 3Q155 23135 ........ _w____._ RIlCOLLECtIElLS/lJPRR ;;xmss 53890 o ........ EstIMATBD PROJECT COST 53890 EXISTING REUSBMLB MATERIAL CREDIT 0 511LVAGE HOWSEABLB MATERIAL CREDIT 0 ......--........ RBCOLLECTIBLE LESS CREDITS THE ABOVE FIGURES ME ESTIMATES ONL~ MlO SUllJEC'I' TO FLUCTUATION. IN THE EmT OF AN I!lClWSE OJ! DECRWE IN THE COST OR QUANTITY OF MATElUAL OR LABOR REQUIRED, UPRR IfILL BILL FOR ACTUAL CONSTRUCTION COSTS 'AT THE CURRBNT EFFECTIVE RATE. {. - ........,..._.. j"EXI-UB rr C" I ., .. I . ! ~,,"ESOJ: i (!~~~~~ PROJECT ESTIMATE SUMMARY ::;0 L;:>"~:,,, ~ """ ft~~~ cr ~", Vi0~~O r OF 1?-1" USDOTNO 185329X Agreement #: 86066 Signal Project INSTALL FLASHERS Surface Project State Crossing 70-02-013 State Project No 70-00114 MN Project No. STPX 7005 (080) Road Designation MUN 0054 Location SOMMERVILLE ST City SHAKOPEE Railroad Name UNION PACIFIC RAILROAD Road Authority CITY OF SHAKOPEE File Number F1844 Safety Code 5F Federal Auth Date Project Cost Federal Other Total Breakdown Funds Funds Project Cost Signal Work $48,501.00 $5,389.00 $53,890.00 ( 90 % Federal) Surface Work $0.00 $0.00 $0.00 ( 0 % Federal) Subtotal $48,501.00 $5,389.00 $53,890.00 Construction $0.00 $0.00 $0.00 Engineering Total $48,501.00 $5,389.00 $53,890.00 .. Note: Source of other funding: Signals - CITY OF SHAKOPEE Surface - State Project: 70-00114 MN Project: STPX 7005 (080) Agree No: 86066 Safety Code: 5F Railroad: UP Location: SOMMERVILLE 8T City: 8HAKOPEE Date: 10/19/04 Exhibit: 0 Sheet 1 of 1 AGREEMENT 86067 USDOTNO 185328R (F-1845) DATED S.P. 70-00114 MINN. PROJ. STPX 7005(080) FUNDS Federal and City Railroad Crossing warning flashers wI circuitry Spencer Street (MSAS 114) Shakopee, Minnesota Scott County Union Pacific Railroad Company Standard Agreement flA" Dated September 1, 1998 THIS AGREEMENT, made and entered into by and between the CITY OF SHAKOPEE, hereinafter called the "Local Agency"; UNION PACIFIC RAILROAD COMPANY, hereinafter called the flCompany"; 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, Spencer Street (MSAS 114), 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 AGEEMENT NO. 86067 WHEREAS, the Local Agency and the Company desire that said grade crossing be provided with railroad flashing light signals with circuitry, and the Company is willing to install, maintain and operate such signals upon the terms and conditions hereinafter stated; and WHEREAS, the State, pursuant to Minnesota Statute Section 219.26, has reviewed the proposed selection of warning devices for the railroad grade crossing and has determined that the proposed selection is appropriate for said crossing. 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 refer~nce and made ~ part of this agreement with the same force and effect as though fully set forth therein. Exhibit "B", the location print; Exhibit "C", the detailed cost estimate; and Exhibit "D", the Agreement Estimate Summary, are attached hereto and made a part of this agreement. 2. WORK PERFORMANCE AND TIME SCHEDULE The Company shall furnish all material for and with its regularly employed forces install a complete railroad crossing signal system with flashers and circuitry on Spencer Street (MSAS 114) (USDOTNO: 185328R), 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. The Company shall furnish one single bungalow for the Spencer Street (MSAS 114) (USDOTNO: 185328R) crossing and the crossing immediately to the west [Sommerville Street (MUN 54) (USDOTNO: I 85329X)] on right of way acquired and owned by the Local Agency. The Local Agency shall furnish the appropriate right of way for a shared bungalow between this crossing [Spencer Street (MSAS 114) (USDOTNO: 185328R)] and the crossing immediately to the -2- AGEEMENTNO.86067 west [Sommerville Street (MUN 54) (USDOTNO: 185329X)). Proper clearances aren't met if the bungalow is placed on the Company's right of way; which is too narrow of a corridor with city streets on both sides. The Local Agency will do the necessary curb and roadwork on 2nd A venue to accommodate the new flashers and provide proper clearances in accordance with the Minnesota Manual on Uniform Traffic Control Devices (MMUTCD). 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 complete 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 Reportprovided 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 ofthe 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", and summarized in Exhibit "D". " -.)- AGEEMENT NO. 86067 Estimated Cost of Signals 90% State Funds (reimbursable with federal funds) $123,181.20 10% Local Agency Funds $13,686.80 Total Estimated Cost of Signals $136,868.00 TOTAL ESTIMATED COST OF PROJECT $136,868.00 The State's total financial obligation shall not increase without its approval and the encumbrance of additional funds. The total obligation under this Agreement is limited to the total amount listed above as Total Estimated Cost of Project. However, this obligation may be increased to 120 percent of the Total Estimated Cost of Project listed above if the Company performs work that is previously accepted in writing by the State and additional money was encumbered. The State reserves the right to not participate in project costs incurred without its prior consent. Notwithstanding any provision to the contrary, the State's and Local Agency's total financial obligation under this Agreement shall not exceed the Total Estimated Cost of Project plus 20 percent, of which the State shall pay 90 percent and the Local Agency shall pay 10 percent. 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. 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 ofthis 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 -4- AGEEMENT NO. 86067 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 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 setting up the road detour. If a road detour is not feasible, the Local Agency shall furnish, erect and maintain all necessary traffic control devices required to provide safe movement of vehicular traffic through the project area during the entire period from the beginning of construction to the final completion thereof. Traffic control devices include, but are not limited to, barricades, warning signs, trailers, flashers, cones, drums, pavement markings and flagmen as required and sufficient barricade weights to maintain barricade stability. The Local Agency shall be responsible for the immediate repair or replacement of all traffic control devices that become damaged, moved or destroyed, of all lights that cease to function properly, and of all barricade weights that are damaged, destroyed or otherwise fail to stabilize the barricades. 8. SIGNING AND PAVEMENT MARKINGS Subsequent to the installation of said signal system, the Local Agency agrees to install, as may -5- AGEEMENT NO. 86067 be needed, appropriate advance warning signs, other supplemental signs and pavement markings in accordance with the Minnesota Manual on Uniform Traffic Control Devices (MMUTCD). The Local Agency agrees to install said signs using Wide Angle Prismatic Retroreflective Sheeting for Visual Impact Performance (VIP) manufactured by 3M Company. 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. (remainder of page left blank intentionally) -6- AGEEMENT NO. 86067 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: Title: Dated: STATE OF MINNESOTA Recommended for Approval: Commissioner of Transportation By: By: Director, Railroad Administration Director, Freight, Railroads & Waterways Dated: Dated: STATE ENCUMBRANCE VERIFICATION individual certifies that funds have been encumbered as required by Minn. Stat. .9.9 16A.15 and 16C.05 Signed: Dated: MAPS: APPROVED: Department of Administration By: Authorized Signature Dated: -7- AGREEMENT NO. 86067 RESOLUTION NO. 6144 Authorizing Agreement for Installing Railroad Crossing Flashers at Spencer 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 Spencer Street (MSAS 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 ofthe 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 oftlle City. Adopted in regular session of the City Council of the City of Shakopee held this 3 rd day of November, 2004. Mayor ATTEST: City Clerk STATE OF MINNESOTA ) ) ss CERTIFICATION CITY OF SHAKOPEE ) I hereby certify that the foregoing Resolution is a true and correct copy of Resolution No. 6144 presented to and adopted by the City Council of the City of Shakopee at a duly authorized meeting thereof held in the City Hall in Shakopee, Minnesota, on the 3rd day of November, 2004, as disclosed by the records of said City Council in my possession. City Clerk EXHIBIT "A" STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION STANDARD CLAUSES FOR RAILROAD-IDGHW A Y AGREEMENTS May 15,2000 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 ofterminatioI1. However, the Company will be entitled to payment, determined on a pro rata 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 Minnesota law, without regard to its choice-of-Iaw 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. EXHIBIT "A" - Page 1 of 5 5. DATA DISCLOSURE Under Minnesota Statutes Section 270.66, and other applicable law, the Company consents to disclosure of its social security number, federal employer tax identification number, and/or Minnesota tax identification number, already 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 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 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. "F orm 21191, Minnesota Department of Transportation, Daily Utility Report", or equivalent approved by the State's engineer showing the number of people on payroll, classification, and total hours worked, and equipment used, at atime mutually agreed upon by the Company and the State. b. Full detailed information as to progress of work and amount oflabor 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. At least 90% of partial bills marked "Progressive Bill No.1, No.2, etc." or "First, Second, etc." signed by an officer of the Company. b. Partial payment ofthe final bill marked "Final" signed by an officer of the Company and rendered in duplicate to the extent that retention by the State shall not exceed 10% of the total project cost prior to final audit. c. 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 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. Pinal payment will be made after audit of the final bill. The Company will keep account of its work in such a way that accounts may be readily audited. In the event that any amount previously paid to the company is in excess ofthe actual cost determined by audit, the Company, upon notice from the State, will promptly pay to the State the difference. EXHIBIT "A" - Page 2 of 5 9. WORKERS' COMPENSATION The Company certifies that it is in compliance with workers' compensation insurance coverage required by Minnesota Law, or Federal Law if the Company is subject to Federal Law which preempts the Minnesota Law. 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 ofa 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 s~bmitted. 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. 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 manner 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. OVERRUN OF ESTIMATED COSTS WITH NO WORK CHANGES If it appears to.the Company, at any time subsequent to the date of this Agreement and prior to the final completion of such work, that the actual cost of the proj ect will exceed the estimated cost, the Company must send written request for approval to the State. The request will explain the reasons for the additional costs and the amount of the costs. If State approves such request, State will encumber additional funds and then issue a notice to proceed. Any additional expenses incurred by the Company prior to receiving notice to proceed may not be reimbursed by State. State's maximum obligation under this Agreement will not exceed 120% of the estimated cost, except by a fully-executed amendment to this Agreement. 13. 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. EXHIBIT "A" - Page 3 of 5 14. 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. 15. DISADV ANT AGED 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. 16. 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. EXHIBIT "A" - Page 4 of 5 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 ofthe 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, IndudingProcurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligation under this contract and the Regulations relative to discrimination on the ground of race , color or national origin. . (4) Information and Reports: The contractor will provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Department of Transportation or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify the Department of Transportation, or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information. (5) Sanctions for noncompliance: In the event of contractor's noncompliance with the nondiscrimination provisions of this contract, the Department of Transportation shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including but not limited to, (a) withholding of payments to the contractor under the contract until the contractor complies, and/or (b) cancellation, termination or suspension of the contract, in whole or in part. (6) Incorporation of Provisions: The contractor will include the provisions of paragraph (1) through (6) in every subcontract, including procurements of materials and leases ofe~quipment, 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 ofthe United States. EXHIBIT "A" - Page 5 of 5 Spencer Street (MSAS 114) USDOTNO: 185328R SP No.: 70-00114 .hakopee \ . 1 . . .. \ .-"" ..----- \ 3,..dA:ve \ . .1 \ :s: 0 \ - s fA w , .-<:" I \ \...~. I \ ~ ...l~ Wi · E;t\l A"~ .1. ::;' \ ------ \'3 g (p I r- .. w ':""l' . r-+ l......,-~o \~ ..1 ~ 6thAve-~ -~\ '0 1.D. 'w" r \ ~ \!!i- ~ I I \ ~ \ -------- \ I I \ 0'1 __--1---'"". . 1\ ~-- \1 \ I II ""(I \ III ... 7'l~, Ave '500 ft I I 11:= I \1--------- I I ~ I 1.-- 1 I I I ~EXHtB'IT B::/ f.. . f"l ._,_...=-,,,,,~,.J @ Garmin Corporation 1995-1999 ~.~::lO DATB: 2004.10.05 BSTIMATE OF MAmw. AND FORCE ACCOUNT WOllK BY'lIit UNION PACIFIC RAILROAD DBSCRIPTION OF 1IO~J(: INSTALL LED 1"1. SIGNALS AND CW'l' It! NBII C1lIlIN AT SPENCER STlUlIlT IN SIIAKOPEE. HR. IU. 27.7'J Olil THE MANKATO SUB. SIGNAL PROJ!CT MANAGER: RON NMH 595.3275 1lJ\1LRQAIl TO PERFORM A1.t. WORK I COST DISTRIBUTiO AS FOLLOWS I SIGNAL - S't'1\l'E OF MINNESOTA 100\ UCQLLRC'l'IBLE PIO: 48948 AWO; 46083 KP,SUBDIV: .27.79, MANXATO SERVIce UNIT: 01 CITY: SBAKOPEE STATIl: 10m DBSCRIPTION on wrt LAIlOR MATERIAL RECOIrI. UPRR TOTAL ..... .......... .n .... ----- ---..... ......- ....--- ..... . BNGINm:R1NG WORK BROXIlEIUUNG 1453 1453 1453 LABOR ADDITIVE 103.45\ 5863 S863 S8G3 SIG.IDf( XIIG 4215 4215 4215. -...... .-.----- -----... .......- ----..--- 1'OTI\1. BNGINEERING 11531 11531 11531 SIGNAL IIOlUC SILL PREP '00 900 900 CONTRACT 5001 5001 5001 EARTII F1I.I,/ROCK 1500 1500 1500 1l0REIGN LIIlE PRBIGHT 1000 1000 lOaD WOR ADDITIVE 103.45t 18726 18726 1872G MATL STORE IlXPBIlSB 2500 2500 2500 METltR SERVICE '1S00 7500 1500 PERSONA!. SXPBN$ES 13500 13500 13500 SlILllS TAX 3251 3251 3251 S IGNAI. 18101 50018 68~19 68119 'tRANSPORTATION CHARGES 3340 3340 3340 ....... ~_.._____ ___A.... .......- -------- 7Ol'~ SIGNAL 37127 87610 125337 125337 ........ ......... L!\BOR/KAT82tM. EXPENSE 49258 87610 -....... .....-.- RECOLLECTIBLE/UPRR EXPENSE 136868 o un.... asTlMATED PROJECT COST 13686$ EXISTING RstrSWLE MATERIAL CRiPl'r 0 SII!.Vl\Ot NONllSIlABLB MATERIA!. CREDIT 0 .....-..-...- RIlCOLLECTIBLE LlWS CREOITS TIlE ABOVE FIGURES W ESTIMATES ONLY AND SIJBJECT 'IO PLUCTUATIOR. III 1ltrl RVBNT OP l\N INCRRASE OR nSClUlASB IN T!IS COST OR QUANTITY OF Ml\TllRlAL OR WORRBQUIREtl, 1,I1'AA HILL BILls FOR 1ICTt11\1. COlmTRUCTION COSTS ~T TIlE CURIUlNT EFFECTIVE RlITE. . - "1 ".EXHIBIT e"i .~. ~ ,~,."" ~ ~~ . ~JflJl PROJECT ESTIMATE SUMMARY ~ OF .:;~ USDOTNO 185328R Agreement #: 86067 Signal Project INSTALL FLASHERS Surface Project State Crossing 70-02-012 State Project No 70-00114 MN Project No. STPX 7005 (080) Road Designation MSAS 0114 Location SPENCER ST City SHAKO PEE Railroad Name UNION PACIFIC RAILROAD Road Authority ,. CITY OF SHAKOPEE File Number F1845 Safety Code 5E Federal Auth Date Project Cost Federal Other Total Breakdown Funds Funds Project Cost Signal Work $123,181.20 $13,686.80 $136,868.00 ( 90 % Federal) Surface Work $0.00 $0.00 $0.00 ( 0 % Federal) Subtotal $123,181.20 $13,686.80 $136,868.00 Construction $0.00 $0.00 $0.00 Engineering Total $123,181.20 $13,686.80 $136,868.00 * Note: Source of other funding: Signals - CITY OFSHAKOPEE Surface - State Project: 70-00114 MN Project: STPX 7005 (080) Agree No: 86067 Safety Code: 5E Railroad: UP Location: SPENCER ST City: SHAKOPEE Date: 10/19/04 Exhibit: D Sheet 1 of 1 G:\2004 ENGINEERING PROJECTS\RR Signalization\RR Signalization Project.dwg, PHOTO-LAYOUT-I-20 8.5 X II, 1:1 J) I>: /3, f REVISED CITY OF SHAKOPEE Memorandum TO: Mayor & City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Approval of Agreement No. 86066 and Agreement No. 86067 between the City of Shakopee and the Union Pacific Railroad Company and the Commissioner of Transportation of the State of MN for Railroad Crossing Flashers at the Intersection of Sommerville and Spencer Street DATE: November 3, 2004 INTRODUCTION: Attached to the memorandum are Agreement No.'s 86066 and 86067 for the installation and maintenance of railroad crossing flashers with circuitry at the intersection of Sommerville and Spencer Street with the tracks of the Union Pacific Railroad Company. Also attached ~e resolutions authorizing the City of Shakopee to enter into these agreements with the Union Pacific Railroad Company and the Commissioner of Transportation of the State ofMN. BACKGROUND: The City of Shakopee has applied for additional safety improvements for its railroad crossings and was successful in obtaining Federal funding for two crossings. 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 MnlDOT and the Union Pacific Railroad Company. The Railroad Safety Committee and City Council did discuss the railroad safety improvements and the selection for improvements was to be at Sommerville and Spencer Street with the tracks of Union Pacific Railroad Company. Also, the Council did discuss at its August 17, 2004 meeting, the preferred locations of signal cabinet bungalows for these signals and selected the north side ofthe track for location. " .< With these agreements, the City of Shakopee will be responsible for 10% of the costs for the placement of the signals and circuitry at these two intersections. Also the City of Shakopee will be responsible for obtaining the right-of-way for a shared bungalow between the crossing at Spencer Street and Sommerville Street, as well as responsible for the cost of doing the necessary curb and road work on 2nd A venue to accommodate the new flashers and provide proper clearances in accordance with the MN. Manual on Uniform Traffic Control Devices. It is anticipated that clearances are not met at the Spencer Street crossing, thus there will be curb and road work that will be necessary to meet the Federal clearances for the installation ofthe flasher light signals. Attached to this memorandum is the proposed Capital Improvement Program sheet for this project and an estimated cost to the City would be approximately $75,000.00 to be paid out of the Capital Improvement Fund. In order for the City to proceed with this project, the execution of Agreement No.'s 86066 and 86067 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 is estimated to be $5,389.00 for the Sommerville Street signal and approximately $13,686.80 for the Spencer Street signal. The City would need to obtain right-of-way for the shared bungalow and pay for the roadway costs associated for providing proper clearances on Spencer Street and Sommerville Street, if necessary. ALTERNATIVES: 1. Approve Resolution No. 6143 and Resolution No. 6144, authorizing the appropriate City officials to execute Agreement No. 86066 and Agreement No. 86067 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 with circuitry at the intersections of Sommerville Street and Spencer Street respectively. 2. Do not approve Resolution No. 6143 and Resolution No. 6144. 3. Authorize staff to bef!in the rif!ht-of-wav acquiSition process for the shared bunf!alow control cabinet. 4. Table for additional information. RECOMMENDATION: Staff would recommend Alternative No. 1 and No.3. to approve the af!reements in order to improve the safetv of the railroad crossinf!s at the intersection of Sommerville and Spencer Street. utilizinf! Federal fundinf! of 90% of the costs of the flashinf! sif!nals and to bef!in the rif!ht-of-wav acquisition process. ,.\ ~ ACTION REQUESTED: 1. Approve Resolution No. 6143 and Resolution No. 6144, authorizing the appropriate City officials to execute Agreement No. 86066 and Agreement No. 86067 with the Union Pacific Railroad Company and the Commissioner of Transportation for the State ofMN for the installation and maintenance of railroad crossing flashers with circuitry at the intersections of Sommerville Street and Spencer Street respectively. 2. Authorize staff to bef!in the rif!ht-of-wav acquisition process for the shared bunf!alow control cabinet. kz~ Public Works Director BUpmp ENGR/EMPLOYEEFOLDER/PPENNlNGTON/COUNCIUMEM6143