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04-491Council N�le # �y— y91 Green Sheet # O�yl OF SA##4�AUL, MINNESOTA S L/ � Presented by Refeaed To Committee Date WHEREAS,theMinnesotaCommercialRailwayCompanydesirestoimprovetheat graderailroaderossingonKasota Avenue approximately 800' west of T.H. 280; and WHEREAS, the City of Saint Paul desires to enter into an agreement with the Minnesota Commercial Railway Company which defines engineering, administrafion, conshucfion and cost participation responsibilifies, including approximately $28,000.00 (twenty-eight thousand dollars) reimbursement in Minnesota State Aid funds from the City to the Minnesota Commercial RailwayCompanyforfairvalue ofmaterialsrequired forimprovementofthis at-grade raikoad crossing, with final actual costs determined by submission of certified invoices; now, therefore be it RESOLVED, that we herebyauthorize theproper Cityofficials to sign this agreementwith the Minnesota Commercial Railway Company. Adopted by Council: Adoprion Certified by Date /��w(��� 02 UU y- � �— Public Works Department GONiAGT PERSON 8 PFpNE Pete Gallagher 651-266-6085 MUST BE ON COUNCIL AGENDA BY (DAT� ASAP TOTAL #DF SIGNATURE PAGES ACTION REQUESIED n�f - �19 I oa� iNma�o 2i9i2ooa GREEN SI�E€�----�,0..202_4.17 . . . , irvtiavoa�e i�a,u�,m u DEPARiTAENlDIRECTOR� uCfiYCOUNCIL _ � cmanazNer ,�_ ❑ crzrc�wc _ ❑ FlN4NCIALSERJICESOIR ❑ FINANCIALSERJ/ACCTG _ ASSIGN NUMBERFOR ROIIfING ORUER ❑ MAVOF2(ORA$$ISfANn � D1VIS10II � Bmce Beese (CLIP ALL LOCATIONS FOR SIGNATURE) 1 Council Resolurion authorizing proper City officials to enter into an agreement with the Minnesota ial Railway Company for improvement of the exisring at-grade railroad crossing on Kasota Avenue, itely 800 feet west of T.H. #280. RECOMMENDATIONS:Approve (A) a Reject (ft) PLAtJNING CAMMISSION CIeCOMMITTEE _ CNILSERVICECOMMISSION A Staff PERSONAL SERVICE CONTRACTS MUST ANSW ER THE FOLLOW�NG OUESTIONS: 1. Has �h's persoNfum evervrorketl untlera wn4aa forNa d¢partment? YES NO 2 Has this persoNfum ever been a ary empfoyee? YES NO 3. Does this pe�rm possess a skll not nortnalty possessetl by anycurtent aty Pinptoyee? YES NO 4 IS this persa�lfirm a brge�etl ventloR YES NO Explain ail yas answers on sepa2b sheet antl attaeh to green sheat INITIATING PR08LEM, ISSUE,OPPORTUNITV(WHO. WHAT, WHEN, WHERE, WHYk Minnesota Commercial Railway Company wishes to improve the existing at-grade crossing. Work to be performed by railway forces, with reimbursement by the City for fair value of crossing materials. Restora6on of adjacent street paving to be performed by City forces. ADVANTAGESIFAPPROVED: ?roject will proceed. Safety and driveability will be improved for this at-grade railroad crossing. � DISADVANTAGES IF APPROVED: A �R � 1 L�U� n n �^ '''=y,.,z,.�.,Vr�� A � Cn�"s��F�'� ��_ �^ notproceed. TOTALAMOUNTOFTRANSACTIONE $ 28 �000.00 FUNDING SOURCE Minnesota State Aid �., 1{,;; COST/REVENUE BUDGETED (CIRCLE ONE) ' re3 xo ACTNINNUMBER C04-2T581 , FINANCIALINFORMATION(E%PLAIN) Kasota Avenue is a designated MSA route. Rail crossing improvements qualify for State aid funding. o�l-y°�i AGREEMENT FOR RAIL CROSSING IMPROVEMENTS AGREEMENT: THIS AGREEMENT is made and entered into by and behveen the City of Saint Paul, Minnesota, hereinafter refened to as the "Cit}�', and the Minnesota Commercial Railway Company, hereinafter referred to as the "Compan}�'. WITNESS: TIIAT WHEREAS, Kasota Avenue, as presently located within the City of Saint Paul, crosses at grade the main line track of the Company; and the crossing thus formed is consiructed of flange rail and prefabricated rubber panels and protected by flashing light signal units automafically controlled by track circuits; and WFIEREAS, the parties hereto desire to upgrade the tracks at the crossing and to reconshuct the crossing proper with prefabricated concrete panels; and WHEREAS, the City and its inhabitants and users of said public street will derive benefit from reconstrucfion of the grade crossing, the City is willing to reimburse the Company for fair value of materials required for improvement of this crossing provided the Company perform at its expense the necessary labor to facilitate the improvements; now THEREFORE, in consideration of the premises and of the mutual covenants and agreements as hereinafter contained, the parties hereto agree as follows: SECTION 1. The parties hereto shall construct, or cause to be constructed, the following items of work: 1. The City shall reimburse the Company fair value for costs of materials, estimated to be approximately $28,000.00, with final actual costs detemuned by submission to the City of certified invoices, required to complete reconstrucfion of the crossing proper. 2. The City, at its expense, shall perform a topographic survey of the crossing approaches on Kasota Avenue to deternune effect of the Company's intent to raise the crossing elevation approximately 6 inches. 3. The City, at its expense, shali resurface the crossing approaches on Kasota Avenue as necessary to accommodate the final elevarion of the reconstructed crossing. Railroad Protecfive Liability Insurance will not be required for City forces performing the resurfacing work. Page 1 of 2 _ p�1- �19 I 4. The Company, at its expense, shall perform demolition of the existing crossing and coordinate salvage or disposal off-site of exisring crossing materials. 5. The Company shall purchase prefabricated concrete panels and related materials required for reconsiruction of the crossing proper, with reimbursement by the City as noted in Section 1.1. 6. The Company, at its expense, shall install prefabricated concrete panels and related materials and complete reconshvcrion of the crossing proper. 7. The Company, at its expense, shall provide necessary advance nofice signing, traffic con�ol signing, lane closures and detours as required under City Ordinances and regulations, for the duration of the project. 8. The Company, at its expense, suall provide a railroad flag person as necessary during resurfacing by City forces of the crossing approaches on Kasota Avenue. SECTION 2. If at any time subsequent to this improvement, the track through the crossing is eliminated, for any reason, the crossing proper and h�ack materials through the crossing shall be removed by the Company at its expense and salvaged off-site. The City, at its expense, shall restore the roadway section in the area of the crossing removal. The Company agrees that any future removal, reconshucrion or maintenance of the crossing that may disrupt Kasota Avenue vehicular or pedesh traffic will not be undertaken without prior approval of the City and application for any required City permits. SECTION 3. Upon completion of the work herein contemplated, the Company, at its expense, shall maintain the reconstructed crossing proper. The City, at its expense, shall maintain the street secfion abutting either side of the installed prefabricated concrete panels. Maintenance obligarions shall conform to appropriate State statutes. SECTION 4. This Agreement shall become effective upon execution by both parties and shall be binding upon the parties, their successors or assigns. IN WI'I'NESS WHEREOF, the parties have caused these presents to be executed in duplicate counterparts, each of which shall be considered as an original, as o£the dates indicated below. Commercial �t� �v Saint Paul Witnessed fot the City of Saint Paul r- MARLYS A. FISHER 1 � Vot3ry Public Minnesofa h9y Commi;von ExDiresJaa 3t.20R5 Date Page 2 of 2 ciTY �ri�.�2 �S — Date � ; oy-y91 EXHIBIT "A" No Scafe � Location Map to accompany agreement between � Minnesota Commercial Railway Company and 3 City of Saint Paul for at-grade crossing improvem nts o on Kasota Avenue �nQO�p � 800' ± west of T.H. 280 t1 ��,�p I� � c , S�c � � �oo ! �� � ti March 8, 2004 —,�� KASOTA . -._._— — - r �`•=:� - -. � r .. , , t �, , �� Ht. � - Z Yt 1. ilI �Z�y:� � � 1'•R'._:'�"1'-_��'c`' , \ 2 ` �/. 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