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270767 WHITE - CITV CLERK �l' /���F� PINK - FINANCE GITY OF SAINT PAUL Council � e CANARY - DEPARTMENT Flle NO• BLUE - MAVOR � Council Resolution Presented By Referred To Committee: Date Out of Committee By Date WHEREAS, The Federal Highway Administration, when acting in cooperation with the Transportation Department of the State of Minnesota, is authorized by Act of Congress to make Federal Aid available for the purpose of eliminating hazards at railroad grade crossings within the State of Minnesota; and � WHEREAS, Carroll Avenue, as now established, crosses the t�ack of the Chicago, Milwaukee, St. Paul, and Pacific Railroad Company at grade at Pierce Street in St. Paul, Ramsey County, Minnesota, and is eligible to recelve Federai Aid for eliminating hazards at raiiroad grade crossings; and WHEREAS, The City and the Chicago, Milwaukee, St. Paul , and Pacific Railroad Company desire that this grade crossing be protected by railroad crossing signals with gates, and the Chicago, Milwaukee, St. Paui , and Pacific Railroad Cortp�any is wiiling to install , maintain, and operate such signals. NOW, THEN BE IT RESOLVED, That the City's 10� share, approxim�tely $i,000.00, is to be financed from the 1977 PIA Fund; and BE IT FURTHER RESOLVED, TFrat the proper City Officials are authorized and directed to enter i�to Agreement #59007 with the State of Minnesota a�d the Chicago, Milwaukee, St. Paul , and Pacific Raiiroad Company. APP OVED AS TO FUNDING: Approved: Director o Finance and Management Servi s ��( udget Dir ctor h1' COU[VCILMEN Requested by Department of: � Yeas 8���� Nays � / Hozz�, Publ ic Works (Traffic-RHR) Hunt [n Favor � U Roedler _ __ Against BY T Syfve�r Tedes�o M� �'� '��a Form Approved b City ttorn Adopted by ncil: Date Certi d Yass y Council Secret�ary BY �� � Approved by ;Vlavor: Date C Z � � Approv by Mayor for Submis i t Cou�_il By —� ` Gc,� � �, r _ — BY ` PUBUSHED APR � 1978 ' . ` . , . ' . �v�.• , , . . . . t �� . . ' ����� . � • . - AGREEMENT N0. 59007 DATED: . S.P. 62-��116 � Minn. Proj. RRO OOOS(1) Railroad Crossing 5ignals Carroll Avenue at Pierce St. � St. Paul, hlinnesota CHICAGO, h1ILWaUhSEE, ST. PAUL AND PACIFIC RAILROND CDMPANY RAMSEY �COUP�JTY . Agency Funds TNIS AGREEP�1ENT, made and entered inta by and between CITY OF ST. PAFJL, hereinafter called the "City", CHICAG�, MILWAUKEE, ST. PAUL AfJD PACIFIC RAIL- ROAD COh1PANY, Debtor, a Railroad in reorganizati�n under �577 of the 8ankruptcy ' Act, hereinafter called the "Company", and the COMMISSIGPJE� QF TRANSPORTATICN, STATE OF MINNE50TA, hereinafter called the "State", WITNESSETH: WHEREAS, the Federal Highway Ac�ninistration, when acting in cooperation tuith the Transportation Department of the State of Minnesota, is authorized by � Act of Congress to make Federal Aid available for the purpose of elir�inating hazards at railroad grade crossings within the State of Minnesota; and WHEREAS, the State, pursuant to Minnesota Statute, Section 161.36 (1976) , is authorized to cooperate with the United 5tates Governnen t in supervising improvements of public highways within the State of Ftinnesota not included in . the trunk highway system, and ,to act in dis5ursing and accounting for Federal funds in connection therewith; and WHEREAS, Carroll Avenue, as now estabTished, crosses the track of the Company at grade at Pierce Street in St. Paul, Ramsey County, Minnesota, the location of said crossing and railway track being shown on the print hereto attached, marked �xhibit "8", and herein referred to and made a part of this , agreement; and -1- /,�.,�. � . • . � . , , ' . . Agreement No. 59007 WHEREAS, the City and the Company desire that this grade cro'ssing be pro- tected by railroad crossing signals with gates, and the Company is willing to install, maintain and operate such signals upon the terms and conditions hereinafter stated. NOW, THEN, IT IS AGREED: 1. The State of h1innesota, Department of Transportation, "Standard Clauses for Railway Highway Agreements", dated September 22, 1977; is attached heret❑ as Exhihit "A", and hereinafter referred to as "Standard Clauses". Except as hereinafter expressly modified, all of the terms and conditions set forth in the !'Standard �lauses" are here�y incorporated by reference and made a part of this �greement with the same force and effect as though fully set forth herein. Standard Clauses Nos. 1, 2, 3, 4, 5, 10 and 11 are deleted from this � • agreement. . 2. The Company shall furnish all material for and with its regularly employed forces install a camplete railroad crossing signal system on Carroll Avenue, as indicated an attached Exhibit "B". Said plans specifications and ttie work to be done shall be subject to the approval of the Department of 7ransportation of the State of Minnesota. � Work of installing this signal system shall be prosecuted so as to be : completed within 12 months after the date the Company is authorized to begin work. If the Company shall determine it impossible to complete the work within the period herein specified, it shall make a written request to the 5tate for en extension of time for completion, setting forth therein the reason for such extension. ' � • . -2- � i.�a„ � Agreement No. 59007 •3. The actual costs of the project herein contemplated, including ' engineering costs, are to be financed with 90ao Federal. Funds and �10;6 City of St. Paul Funds. The State and City 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. • • The State's 9J� portion (reimbursable with Federal Funds) will be paid to the Company in accord�nce with Article 9 of the Stancard Clauses, Exhibit "A". The City's 10;�6 portion will be paid to the Company when the pro�ect has been completed and the Final 8i11 has been approved by the State. It is understood that the following estimate is for informational purpases only. The estimated cost of the work to be done 6y the Company hereunder is as follows_ and in further accordance with detailed estimate attached hereto and mar�ced Exhibit "C". • Material _ $37,375.OD Labor (Including Additives) $23,32'7.00 � Contingencies - $ 6,598.00 . TOTAL ESTIMATED C�ST $72,800.00 . • Portion of costs allocated to - � � City of St. Paul (1�J96 of actual cost) � 7,230.00 Reimbursable with Federal Funds �65.520.00 . � � i.._---_:_-- _ � -3- l�+,�: ' . . _ Agreement IVo. 59J07 :.4. �In the event it is determined that a change from the _foregoing state- :m�nt nf work to be perforrned by the -Campany is required, it shall be authorized -clnly by a written ctiange or extra work order issued by the State prior to the rperfornance of the �ork involved in the change. = - - - - ' - _ ;_�- _ 5. . The said grade crossing signal system shall be maintained and pperated by the Company upon completion of its installation, but this said -obligation to maintain said signal system shall continue in accordance with :the 1aw of the State as it shall be from time to time in the future. _.-- - fi: Tfie signal sys�em shall nat be removed u�nless there has been a deter- mination that said sigrrals are na longer required at this location. " " _ ' ' . .- . In the event that either railway or highway i�provements will necessitate � rearrangement af the signals at said crossing, the party whose improvement �auses said changes will bear the entire cost of the same without obligation ' to the ather. �f==_=- � =- _ _ ._ _.. - - - - _ �.�.__ __ _ -- - . �;�.- ;- - . _- =-= :__ T4�_ , __ � - � . ---_ . __- . �•-- _.. " _ . = _ . " - . r,, � __. :.- __ _ F�:� . t - - ,- -- _ _4_ /..� � " • - � Agreement No. 59007 IN WiTNESS WHEREOF, the Parties hereto have caused this agreement to be duly executed. Attest: � By: By: . Assistant Director Mayor Department of Public Works Approved as to Form: By: � Director, Department of Finance and Management Services By• . . Assistant City Attorney CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD COMPANY In Presence of: � By. . Recommended for Approval : . Chief, Railroad Operations In Presence of: Assistant Commissioner � Pubt i c Transportati on Dated• , 19 Approved as to Form and Execution: APPROVED: DEPARTMENT OF ADMINISTRATION By: Assistant Attorney General Authorized Signature -5- , _ , j • STATE OF MINNESOTA � � , DEPARTMENT OF TRANSPORTATIDN . STANDARD CLAUSES. FOR • • RAILWAY-HIGHWAY AGREEMENTS SEPTEMBER 22, 1977 . 1. The State will review plans and specifications for the con- struction of the grade separatinn stru�cture and approve the separation of grades of the tracks of the Company and of the trunk highway, as shawn in the plans and specifications referred to in this agreement. 2. The State agrees to let a contract pursuant to law for the con- struction of the highway project r2ferred to in this agreement, in accardance With said plans and specifications referred to in this agreement. 3. The State agrees that all work prnvided to be done by the State on the right of way of the Company shall be performed and completed in accordance wit� said pZans and s�2cifica�ions in a ma�ner sa�isfactory to �the Chief Engineer of the Company, or his authorized representative. The State agrees that any contract let by it, for the performance of any c�nstruc- tion work contemplated by this agreement, will require the contractor to comply with all of the provisions relating to work on railraad right �f way Contained in "Minnesota, Department of Highways, St. Paul, Standard Specif i- cations for Highway Construction", dated January 1, 1972, as amended by "Supplemental Specifications", �ated April 1, 19�6, t� furnish to the Company a Railroad Protective Liability Insurance Policy and to carry regular Con- tractor's Public Liability and Proaerty Damage Insurance, both as specified in the Federal-Aid Highway Program f�anual, Uolume 6, Chapter 6, Section 2, ' Subsection 2, and having limits of liabili�ty, as specif ied in the specif ica- • tions and special provisions referred to in this agreement. Said Railroad Protective Liability Policy and evidence o.f said Contractor 's Public Liability � end property Damage Insurance, executed by an insur�r qualified to write such policies in the State of htinnesota, shall be tl�livered to the Company . prior to the entry upon or use of the Company's property by the Contractor. 4. The State reserves the right to make such changes in the plans � or character of the work, as the work u�der the co�tract progresses, as shall, � in the Commissioner of Transportation's judgment, be reasanably necessary to cause the agreed highway project to be in all things constructed and conpleted� in a satisfa�tory manner, and to that end, and as supplemental to any contract let for the construction of said project, to enter into any supplemental egreement with the contractor for the performance of any extra work or work occasioned by any necessary, advantageous or desirable change in the plans. Any such changes in plan or the character of work, involving �the Company's facilities or property, will be subject to the approwal of the Company. EXHIE3IT "A" - Page 1 5. The State agrzes to pay the entire cost of the work to be per- formed under the c�ntract to 5e let by the State, including the State's � , supervision af the contract w�rk, provided, however: . e.) that nothing .herein c�ntain2d shall prevent the State from pursuing and enforcing any of its common law and statutory rights, which it may have against any tartfeasor, inclu�ing any contractor and the Company; � b.) that when the Company has liability or o�ligation to the United States .or t�e State for any portion of the railway- highway project, the Company shall pay its share of the railway-highway project in the manner an� to the extent set forth elsewhere i� this agreement. 6. � The provisions contained in Federal-Aid Highway Program Manual, Volume 6, Chapter 6, Section 2, Subsection 1, and Volurne I, Cha�ter 4, Section 3, shall apply to the railway-highway project, regardless of the method of financing the project. 7. If the Company enters into a contract or agreement with a con- tractor, to perforn all or any portion of the Company's work set forth in this agree�ent, the Company for itself, its assigns and successors in interest, . agrees that it will not discrinina�e in its choice �f contractors and Will incluCe a11 of the nondiscri�inatinn �ravisions set forth in APPENDIX "A", .atta�hed hereto and made a part hereof, in any such ca�tract or agreement. 8. The Com�any agrees that its rzpresentative in charge of the work set forth in this agree�ent shall furnish the State's Engineer in charge of the project: a.) "Form 2233, Minnesota De�artmant of Transportation, Payroll Monthly Report", signed in duplicate, showing the num5er of inen on payr�ll, classi°icatien, total hours worked and starting, st�p�ing, resumation and com�letion dates for each month, not later than the week follatiing the month in Which the work was perforned. b.) Upon request, full detailed information �s to progress of � work and amount of labor and material used as of the time of request. In additian to the foregoing records and acts, the Company will, from time to time, make such other rep�rts, keeo such other records and perform such other work in such manner and time as may be n�Eessary to enable the State to collect and obtain available Federal Aid. 9. To the extent set farth in this agreemEnt, the State will re- imburse the Company for actual ex�ense incurred perfarming the work set forth in this agreement. Payments will be made in accordance with the following; , . EXNIBIT "A" - Page 2 9-22-7Z e.) At least 90ro of partial bills marked "PrQgressiv.e 8i11 No. 1, No. 2, etc." , or "First, second, etc.", signed by an officer of the Company, rendered in septuplet. Partial bills shall be based on actual costs that can be substantiated 5y checking " • the Company's records but do not need tn be in. detail: or, b.) At least 75;�.of partial bills narked an� signed, as required above� based on the Comoany Engineer's estir�ate of the per- centage of completion of the various cost reimbursable 'items, es shown on the detailed estimate, which is attached to and � made a part of this agreement, subject to the State Engineer's concurrence and approval of said completion percentage. In no event will �a combination of partial h�l.ling based on actual . cost, and Engineer's estimates, be reirr�c�rsable. c.) At least 90i� of final bill marked "Final•, signed by an ❑fficer • . of the Company, rendered in septuplet, in accor,dance with Federal- Aid Highway Program Manual Volume 1, Chapter 4, Section 3. Said final bill shall be a complete, �etailed and iternized statenent of all items of work Qerforned by the C��any, as shown in the approariate exhibit or exhibits attached to this agreement. d.) Final paynent will be made after audit �f the firtal bill. 7he Company shall keep account of its �nrk in such a way that said accounts may be readily audited. In the event " . that any amount previously paid t❑ the Camaany is .in excess of. the actual cost deterrnined by audit� the Company, u?�n � � notice of the 5tate, shall pay to the St�ate the difference. 10. In the ev�nt that the State does not e�t�r into a contract for construction of the project contemplated by this agreement on or before a day twelve (1Z) months after the date this agreement is fully executed, then either party may, at any tine thereafter, serve notice of ca.zcell.ation upon the other party, by registered mail, and this a�ree��ent shall i.�mediately be can�elled and terminated; nrovidad, however, that the Con�any shall he reimbursed in full by the State for all reimbursable casts incurred affi.�r this agreement is fully executed and prior to said cancellation. 11. The reimhursable maintenance costs shall not extend to the repair � of any damage to the bridge structure resulting fraro �he op�retions of the Company for which the Company has any common law or statutory liability. The " reimbursable maintenance costs shall be limited to the actual cost of la5or and materials used and to rental value of equipr�ent used. The a�tual cost of � labor and materials and the rental value of equipment referred to shall be ascertained in accordance with the provisions .of thE Federal-Aid Highway Pro- . gram Manual, Uolume 1, Chapter 4, Section 3. Except as hereinafter pravided in the case of emergency reaairs, reimbursement shal� be made only if the Company has submitted its proposed repairs to the State, including any estinate of cost of such repairs, and approval has been receiued from the State in Writing in advance of starting work by the Company. If the Company is unable to obtain the State's approval of the proposed repairs, it may request and require the State to let a contract for the necessary work. In the event of an emergency requiring immediate repairs to said bri��e structure in order to � EXHIBIT "q" - Page 3 9=22-?'r , maintain railroad traffic, the Company shall be only required to notify the State as soon as reasona�ly possible that the emergen�y has arisen and that the Company is proceeding with the work. The Company hereby acknowledges that it may be necessary' to file a l�gislative claim for reim5ursement ❑f any costs incurred before State Funds are encumbered in an amount sufficient to cover the costs of the work. In all events, reimbursable maintenance costs shall be limited to necessary repairs. If any maintenance work is such that it cannot be performed by the Company with its own equipment and regularly employed forces, the Company may contract the work. However, the Company shall not award the contract or start work until the contract has been aporoved by the Commissioner of Transportation . and the necessary State funds have bee� en�umbered. . 12. It is further agreed by and between the parties hereto anything to the contrary herein notwithstanding, that the Commissioner of Transportation of the State of hlinnzsota is acting in his official capacity only and that he shall not be 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 cnaracter arising aut of or by reascn of the execution of this egreement or the performance or completion of the project provided for herein. � 13. 8efore this agreement shall become binding and aff�ctive, it shall . have received the approval of such State officers as the law may provide in addition to the Commissioner of Transportation. � 14. The Iaws of the State of Minnesota shall govern all questions as to the execution, nature, ❑bligation, construction, validity and �erformance of this agreement. 15. If it appears to the Company at any time subsequent to the date of this agreement and prior to final completion of such work, that the actual cost of such work will exceed the estimated cost, the Company shall immediately So notify the State in writing, thereof, and, after the additional funds are encumbered, such notice will have the affect of amending this agreement so ' as to i�clude the supplemental cost of such work. � � . EXHIBITY "q" - Page 4 ;;a�9-22-77 Mn/00T 25252(12/76) � APPENDIX A Non-Discrimination Provisions of Title VI of the Civil Rights Act of 1964. _ During the performance of this contract, the contractor, for itself. its assignees and successors in interest (hereinafter referred to as the "contractor")� agrees as follows: (1) Compliance with Regulations: The Contractor will comply with Regulations of the Department of Transportation relative to nondiscrimination in federally-assisted programs of the Department of Com- merce (Title 49, Code of Federal Regulation, Part 21, hereinafter re�erred to asthe Regulations),which are herein incorporated by reference and made a part of this cont�act. (2) Nondiscrimination: The contractor, with regard to the work perfofined 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, inctuding procwements of materials and leases of equipment. The contractor will not participate either directty or iru3irectly in the discrimination pro- hibited 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 Materialsand Equipment: Ir all solicitations ' either by competitive bidding or negotiation made by the contrac#a��or work to be performed under a subcontract, including procurements of materials or equipment. eaefi potential subcontractor or sub- plier shall be notified by the contractor of the contractor's obl�tions under this contract and the Regulations relative to nondiscrimination on the ground of race, cotor or nation origin. (4) Information and Reports: The contractor will provide all informafion and reports required by the Regulations, or orders and instructions issued pursuant thereto, artd will permit access to its books, records� accounts, other sources of information, and its facilities asmay be determined by the Depart- ment of Transportafion 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 to the Department of Transportation, or the Federal High�ray Administration as appropriate, and shall set forth what efforts it has made to obtain the informatioet. (5) Sanctions for Noncompliance: In the event of the contractor's noecompliance with the nondiscrimi- nation provisions of this contract, the Department of Transportation shafi impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including . but not limited to, (a) witholding of payments to the contractor under the contract ur►�il the contractor complies, and/or (b) cancellation, termination or suspension of the contract, in whote ar in part. (6) Incorporation of Provisions: The contractor will include t�e provisions of paragraph (1) through (6) � in every subcontract, including procurements of materials and lea3es 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 Departmer�t of Transportation or the Federal Highway Administration may direct as a means of enforcing suc?� provisions including sanctions for noncompliance: Provided, however, that, in the event a contractor beeomes invalved in, or is threaten- ed with, litigation with a subcontractor or supplier as a resuit of wefr 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 tifiqation to protect the interests of the United States. ..... .. ... j I � � .1 � .. 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' � Project: Location: St. Paul, Minnesota • Install automatic hi ,hwa cros�in� wa i h+T1e: � {�ht_si�als tquippe w t fiate coltrolled by track circuit equipment, all conforainA to the recommended practices of Bulletin 7 of the Association of Aaerican Railroads at the crossinR of Carroll Avenue and the C.M.St.P.& P. � Rsilroad Company track, replacing crossbuck si�ns • . FORCE ACCOUNT ESTIMATE Item ntit Amount Prel3minary Engineering Lot $ 1.350 Construction Engineezing Lot 1.650 Haterial � Automatic signals and ,gates 2 ea. 8.400 (Any other ma3or item) 1 house � 2 cases 19.774 Other Material I.flt 5.506 . � Total Material �3.680 , Transportation of Material Lot 33 Stoze expense SX 1.674 ' 8quipment (Rental of�trucks b trailers) :�r�00 -- Labor . 13,700 Mrect Labor (Crew $9,500) Holidaqs, vacation and pension . 2,892 Payroll taxes 4,273 , Insurance (Risk Ins. $14,300) 1♦46� � tieals and lodging ' 3,000 ?otal Labor 525,327 Contingencies 6,598 ' ?otal cost S72,812 Lesa credit for salvage � CR 12 1Qet Total 572,800 Office of Asst. Chief Engr. , Si�s. S Conans. s p � 2 _ p O //(o C.t4.St.P.6 P. RR. Co. - Chica�o, Illinois � . 00 December 22, 1977 (PS&R 72367-95) . f�9 r e e rn e ��' 11�� � 7 JAE:dln NOTE: This estimate valid for only one ,��•.,� ,�, year from date of estimate. p �9a 8 ��y��� � o� ol: ia/i��5 , .. �v. : s�s��� , EXPLANATION OF ADMINISTRATIVE ORD�RS, , RESOLUTIQNS, AND ORDINANCES : ������� Date: w��ct� 2, t 9�s :'� 1 `'� E D . R� � �IIA� '1 �19'� TO: :�AYOR GEORGE LATIMER ��`�'f � FR: ���d D. Tufte, Public Morks Departa�nt, Traffic Engineeri�g �: Rai lroad 6rade Crossing Signal at Carroll Aven�e and Pierce Stroet ` (Chica�, M11�rsukee, St. Paul , a�d Pacific Railroad Cc�apany) . ACTION REQUESTED: Approval of attacMed Council Resolution for the installation of �silro�d grade crossing si�ais at Carroli Avenue Tn St. Paul. � . � PURPOSE AND RATIONA�,E FOR THIS ACTION: Neithe� Carroll Avenuo or Pierce Street are on a State Aid St.raet. ` Therefore, all improveaients inust be fin8nced with local funds. Tl�is Resolution approves the fut�di�g and directs the proper City Offtcisls to ent�� into tha sgreeawnt. Tt� City's cost is 10$ (app�oxiaistely $8,000.�). The Ra1T�oad Caa�pany � witi opmrate a�d �aintain the signals. The $8,000.00 is to be fin�ced froia the 1977'PIA Fu�d. �.;� ATTAC��NTS: _ � Counc�%i Resolution RHR:QDT:ced �