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05-1039Council �le # � - ��`� � Green Sheet # �g Presented by RESOLU710N CITI( OF SAINT PAUL, MINNESOTA � g Referred To � Committee Date 1 WHEREAS, the Soo Line Raikoad Company (DB/A Canadian Pacific Railway Company) desires to install railroad 2 flashing light signals, gates and circuihy at the intersection of the Soo Line Raikoad Company tracks and Arlington 3 Avenue, west of Jackson Street; and 4 WF�REAS, the City of Saint Paul desires to enter into an agreement with the Soo Line Railroad Company and the 5 Commissioner of Transportation for the installation and maintenance of railroad flashing light signals, gates and 6 circuihy at the intersecfion of Arlington Avenue (MSAS 109) with the tracks of the Soo Line Railroad Company 7 in the City of Saint Paul, and appoinring the Coxnmissioner of Transportation agent for the City to supervise said 8 project and administer available Federal funds in accardance with Minnesota Statute, Secrion 16136. The City's 9 share of the cost shall be ten percent (10%) of the total signal cost; now therefore be it 10 RESOLVED, that we hereby authorize the proper City officials to sign this agreement with the Soo Line Railroad 11 Company; and that we hereby authorize the proper City officials to process payment to the Soo Line Railroad 12 Company. n . _ .e 13 14 15 16 17 18 19 20 21 22 23 24 as- � o� � Green Sheet Green 5heet Green Sheet Green Sheet Green Sheet Green Sheet � pW -r�nr�wmxs ConWct Person & Phone: Pete Galiagher 266-6085 ContraetType: RE-RESOLUTION Agenda by (Date): r� • �. � ' Assign Number For Routis�g Order 0 1 2 3 4 5 Green Sheet NO: 3028527 Ctitv Attornev r' Office Ma or/Assis[ant Council_ �Stv Cierk Citv Cierk ToW I# of Signature Pages _( All Lo catio�s for Signature) Action Requested: Approve Council Resolution au[hocizing proper City officials to enter into an agreement with the Soo Line Railroad Company for improvement of [he railroad crossing signals on Arlington Avenue west of Jackson Street. idations: Appro�e (A) or R Planning Commission CIB Committee GNI Service Commission (R): 1. Has this personlfitm e�er woAced under a contract tor this depaAment? Yes No 2. Has this personlfirtn e�er been a city employee? Yes No 3. Does lhis person/5rtn possess a skill not nortnally possessed by any curtent city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet Istitiating Problem, tssues, Opportunity (Who, Whaq When, Where, Why): The Soo Line Railroad Company wishes to improve the railroad crossing signats. Work to be performed by Railway Forces, reimbursement by Ute Sta[e using Federal funds, and by the City for 10% of the total signal cost. , AdvanWpes HApproved: Project will proceed. Safety will be improved for this at railroad crossing. DisadvantageslfApproved: None � �` Disadvanta9eslfNotApproved: Project will not pioceed. OG7 � 4 2005 , k .. �. ,��,�,. Toql Amount of Trensaction: Fundinp Source: $13,105.55 Minnesota State Aid ActivityNumber: (;y7�']Q� Financial Information: �ling[on Avenue is a designated MSA route. Rail crossing improvements qualify for State Aid funding. (Explain) ��'�_� ��S*$'C�"s's� CosURevenue BudgeMd: y October 20, 2005 8:Q0 AM Page 1 �' ;:�> f�.. � "`. • ;�' °:, , ��� _ ':? ''-�.�,� ?"'^^ `. C�� 'r �,:ix. `, ;: ti � � : � � l �^' �^' ' .Y','e� �`� [v /�_ f ` - �:� ; i '�� ,`�� �`���'�� IXV �P�� ".�,,,� ��,�►� ���'� _ � / °�i � D�- � 039 AGREENfENT 88545 USDOTNO 689030X (F-898) DATED S.P. 62-00189 MINN. PROJ. STPX 6206 (093) FLJNDS Federal and City Railroad Crossing Signals and Gates Arlington Ave. (MSAS 109) St. Paul, Minnesota Ramsey County Soo Line Raiiroad Company Standazd Agreement "A" Dated September 1, 1998 THIS AGREEMENT, made and "entered into by and between the CITX OF ST. PAUL, hereinafter called the "Local Agency", THE SOO LINE RAILROAD COMPANY (DB/A/ CANADIAN PACIFIC RAILWAY 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 raiiroad grade crossings within the State of Minnesota; and WHEREAS, the State, pursuant to Minnesota Statute Section 16136, 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 riunk highway system which are financed in whole or in part by federal monies; and � AGREEMENT NO. 88545 WFIEREAS, Arlington Ave. (MSAS 109), as now established, crosses the track of the Company at grade in St. Paul, Ramsey County, Miimesota, the location of said crossing and railway track being shown on the print hereto attached, mazked Exhibit "B"; and WI3EREAS, the Local Agency and the Company desire that the Arlington Ave. (MSAS 109) grade crossing be provided with railroad flashing light signals, with gates, and circuitry, and the Company is willing to install, maintain and operate such signal system 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 raitroad grade crossing and has determined that the proposed selection is appropriate for said crossing. NOW, THEN, IT IS AGREED: EXHIBITS The State of Minnesota, Department of Transportation, "Standard Clauses for Railroad- Highway Agreements", is attached hereto as E�ibit "A", and hereinafter referred to as"Standard Clauses". Except as hereinafter expressly modified, all of the terms and conditions set forth in the "Standazd Clauses" are hereby incorporated by reference an@ made a 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. WORK PERFORMANCE AND TIME SCHEDULE The Company shall furnish a11 material for and with its regulazly employed forces install a complete railroad crossing signal system with gates, fIashers, and circuitry on Arlington Ave. (MSAS 109) (USDOTNO: 689030X), as indicated on attached plan mazked Exhibit "B". The placement of the signal system shall be in accordance with Part VIII of the Minnesota Manual on Uniform Tr�c Control Y Devices (MMIJTCD). 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. _ -G AGREEMENT NO. 88545 If the Company detemunes 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 awazding of the contract. Work by the Company shall be prosecuted to be completed within 12 months after the date the Company is authorized to begin work. If the Company determines it is not possible to 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 Dail� Utility Report provided for in Article 7a of the Standazd 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 Standazd 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 regulazly employed forces and in accordance with the Company's agreements with such regulazly employed forces is as follows and in further accordance with the detailed estimate, Exhibit "C", and summarized in Exhibit "D". ,� Estimated Cost of Signals AGREEMENT NO. 88545 90% State Funds (reimbursable with federal funds) $117,949.98 10% Local Agency Funds $13,105.55 Total Estimated Cost of SiQnals $131.055.53 TOTAL ESTIMATED COST OF PROJECT $131,055.53 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 ProjecP' 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 contrazy, the State and Local Agency's total financial obligation under this Agreement shall not exceed the "Total Estimated Cost of ProjecP' plus 20 percent, of which the State shall pay 90 percent and the Local Agency sha11 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 outtined in the detailed estimate, E�ibit "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 per£orming 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, E�ibit "A". 0 _ � AGREEMENT NO. 88545 MAINTENANCE The grade crossing signal system provided for in this agreement shall be maintained and operated by the Company upon completion of its instailation. 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. FUTITRE REMOVAL The sib al 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,xemoved, 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. 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 shal] be the Local Agency's responsibitity to set up the road detour and detour signing. It is undersYood thaY the Company shall coordinate any necessazy 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 fiunish, erect and maintain all necessazy traffic control devices required to provide safe movement of vehiculaz traffic through the project area during the entire period from the beginning of construction to the final completion thereof. Traffic control devices include, but aze 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 Locai 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 aIl barricade weights that are damaged, destroyed or otherwise fail Yo sTabilize the barricades. 5 .� AGREEMENT NO. 88545 8. SIGNING AND PAVEMENT MARHINGS 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 Tr�c 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 ttus agreement may assign any receivables due them under this agreement, provided, however, such assignments shail not relieve the assignor of any of its rights or obligations under this agreement. (The remainder of this page has been left intentionally blank.) 6 AGREEMENT NO. 88545 IN WTTNESS WHEREOF, the parties hereto have caused this agreement to be duly executed. CITY OF SAINT PAUL , CITY OF SAINT PAUL By: By: Title: Director of Public Works Title: OfFice of Financial Services Dated: Dated: By: Title: Citv Attorne� Dated: STATE OF MINNESOTA Recommended for Approval: By: Director, Railroad Administration Dated: SOO LINE RAILROAD COMPANY By: Title: Dated: Commissioner of Transportation By: Director Office of Freight, Railroads & Waterways Dated: STATE ENCUMBRANCE VERIFICATION individual certifies that funds have been encumbered as required by Minn. Stat. �§ 16A.15 and 16C.05 Signed: Dated: MAPS: APPROVED Department of Administration By: Authorized SignaEure Dated: 7 AGREEMENT NO. 88545 RESOLUTION $E IT RESOLVED, that the City of St. Paul enter into an agreement with the Soo Line Railroad Company (D/B/AJ Canadian Pacific Railway Company) and the Commissioner of Transportation for the installation and maintenance of railroad flashing light signals, gates, and circuitry at the intersection of Arlington Ave. (MSAS 109) with the tracks of the Soo Line Railroad Company in St. Paul, Ramsey 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 16136. The City's share of the cost shall be 10 percent of the total signal cost. BE IT FURTHER RESOLVED, that the and (Tide) (Title) be and they aze hereby authorized to execute said agreement and any amendments thereto for and on behalf of the City Dated this day of STATE OF MINNESOTA CITY OF ST. PAUL 200 ) )ss CERTIFICATION ) I hereby certify that the foregoing Resolution is a true and correct copy of a Resolution presented to and adopted by the City Council of St. Paul at a duly authorized meeting thereof held in the CiTy Hall in St. Paul, Minnesota, on the day of , 200_, as disclosed by the records of said City Council in my possession. � Title: F:3 EXHIBIT "A" STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION STANDARD CLAUSES FOR RAII,ROAD-HIGHWAY AGREEMENTS May I 5, 2000 1. EFFECTIVE DATE This Agreement will become effective upon the date State obtains alI 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 fram the Minnesata Legislature, or other funding source; or if funding cannot be conYinued at a level sufficient to allow for the payxnent of the services covered here. Termination must be by written or fax notice to the Company. The State is not obligated to pay for any services that are provided after notice and effective date of termination. However, the Company will be entitled to payment, determined on a pro zata basis for services satisfactorily performed to the extent that funds are available. The State wiil 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, JURISDICTIOlY, AND VENUE Minnesota law, without regard to its choice-of-law 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 izable 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, federai employer tax identification number, and/or Minnesota tax identification number, already provided to the State, to federal and state tas 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 couid result in action requiring the Company to file state taY retums and pay delinquent state taac liabiliries, if any. 6. ELIGIBILI'I'Y OF COSTS The provisions contained in Federal-Aid Policy Guide, Chapter 1, Subchapter G, Part 64b, Subpart B and Chapterl, Subchapter B, Part 140, Subpart I, apply to railway-highway project, regazdless of the method of financing the project. 7. WORKREPOR�'S The Company will fumish the State's Engineer in charge of the project: a. "Porm 21191, Minnesota Department of Transportation, Dai1y 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 muinaily agreed epon by the Gompany and the State. b. Full detailed information as to progress of work and amount of labor and material used as of the tirne 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. ItEIMBURSEMENT The State will reimburse the Company for actual expenses incuned performing the work set forth in this Agreement. Payxnents will be made in accordance with the following: a. At least 90% of partiai bills marked "Progressive Bill No. 1, No. 2, etc." or "First, Second, etc." signed by an officer of the 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 sha11 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 fmal bill will be a detailed, itemized statement of ail items of work performed by the Company, as shown in the appropriate e�ibit or e�ibits attached to this A�eement. Final payment wi11 be made after audit of the final bi11. 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 of the actual cost deternuned by audit, the Company, upon notice from the State, wilt promptly pay to the State the difference. E3�3IBIT "A" - Page 2 of 5 9. WORKERS' COMPENSATION The Company certzfies thaY it is in compliance wiYh 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 agenfs wili 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-SfIARING 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 shaze 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 noYice. The State may refuse to approve any and all work performed under this Ab eement for failure to comply with applicable standards for work of that type. If the State fails to approve the work performed under Chis Agreement, tha State may refuse to make any further payments under this Agreement until the work at issue is performed in accordance with acceptabie standards for work of this type and said work is approved by the State. The Company and/or Loca1 Agency wacrants 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 Yimely manner or in accordance with applicable standards, the State may immediately suspend further payments under this Agreement and the Company must repay all funds expanded 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 sach work, that the actual cost of the project will exceed the estimated cost, the Company must send written request for approval to the State. The request will explain Yhe 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 masimum obligation under this Agreement will not exceed 120% of the estimated cost, except by a fuily-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 aze subject to examination by the State and/or the State AudiYor or Legislative Auditor, as appropriate, for a minimwn of six yeazs after an appropriate State official certifies the Company's completion of the construction required under t}us Agreement. EXHIBIT "A" - Page 3 of 5 14. NONDISCRIMINATION If the Company enters into a contract with a contractor, to perfortn 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. DISADVANTAGED BUSINESS ENTERPRISE The disadvantaged business enterprise requirements of 49 CFR 26, apply to this Agreement. The Company will insure that disadvantaged business enterQrises as defined in 49 CFR 26, have the masimum opportunity to participate in the performance of contracts, financed in whole or in part with federal funds. In this regazd, the Company will take a11 necessary and reasonable steps in accordance with 49 CFR 26, to insure that disadvantaged business enterprises have the maximum opporhuiity to compete for and perfortn any contracts awarded under this Agreement. The Company shall not discriminate on the basis of race, color, natianal origin, or sex in the awazd and performance of contracts under this Agreement. Failure to carry out the above requirements constitutes breach of this Agreement, and may result in tennination of the Agreement by the State, and possible debarment from performing other contractual services with the Federal Department of Transportation. 16. _AMENDNIENTS, WAIVER, MEI2GER, AND COUNTERPARTS Any amendments to this Agreement must be in writing and executed by the same parties who executed ihe 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 a11 of which together shall constitute one and the same Agreement. EXHIBIT "A" - Page 4 of 5 APPENDTX A Non-Discrimination Provisions of Title VI of the Civil Rights Act of 1964 During the performance of tt�is contract, the contractor, for itself, its assignees and successors in interest (hereinafter refened to as the "contractor"), agees as folIows: (1) Compliance with Regulations: The Contractor will comply with Reb lations of the Department of Transportation relative to nondiscrimination in federally-assisted programs uf Yhe Federal Highway Administration (Title 49, Code of Federal Regulation, Part 21, hereinafter referred to as the Regulations), which aze herain incorporated by reference and made a part of this contract. (2) Nondiscriminafion: 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 gound of race, color, or national origin in Yhe 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) SolicitationsforSubcontracts,IncludingProcurementsofMaterialsandEquipment:Inallsolicitationseitherby competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or equipment, each potentiat 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 ofrace, color or national origin. ' ' (4) Tnformation and Reports: The contractor will provide atl information and reports required by the Re�ulations, 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 exclnsive possession of another who fails or refuses ta fumish this information, the contractor shal l so certify the Department of Transportation, or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain tha information. (5) Sanctions for noncompliance: In Yhe 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, inciuding but not limited to, (a) witl�holding of payments to the contractor under the contract until the contractor complies, and/or (b) canceilation, termination or suspension of the contract, in whole or in part. (6) Incarporation of Provisions: The contractor wi11 inciude the provisions of paragraph (t) 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 wilh 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 Yhe interesYS of the United States. BXHIBIT "A" - Page S of 5 � ri. a.� v r�ry� AvEo AVEo X 35E l0 o a uu � 3 i ° u � >- J o � w Q �� WHEELOCK � m � � � 55 TIMBERLq� � 00 � � q � Z BIGL 0 MONT ANA v�, AVEe r' z cn a t �o � f �/� AVE v' Vi � w � � a >-- � Q VEo � B. N. s VY AVEe � 0 �u � v o, ��y � OW � � LAa ° � � ° o G'� KLAINERT O� � �P 62-00189 �o° � z ,� TIMBER `�LP`��`' � ° ~ "' a . � 0 0 � � � H � U � O � F � 1:54 AM r � EXH/B/T °B �� Go • o NHESpT 97. �yo a �:' a : �`y) ; :'8 "a� m.�' USDOTNO Agreement #: Signal ProjecY Surface Project State Crassing State Project No MN Project No. Road Designation Location City Railroad Na1he Road Authority File Number Safety Code Federa! Aukh Date Project Cosf Breakdown Signal Work ( 90 % Federal ) Surface Work ( 0 % Federal ) Subtotal Construction Engineering Total PROJECT ESTTMATE SUMMARY 689030X 88545 GATES AND GIRC 62-05-529 62-00189 STPX 6206(093) MSAS 0109 ARLINGTON AVE ST PAUL CANADIAN PACIFIC RAILWAY (S00} CITY OF ST PAUL F0898 5F Federal Funds $117,949.98 Ofher Funds $13,105.55 Totai Project Cost $131,055.53 $0.00 $917,949.98 ;,� �� $997,949.98 ` Note: Source of other funding: Signais - 10% CITY OF ST. PAUL Surface- $0.00 $73,105.55 $D.00 $13,105.55 $0.00 $93i $0.00 $131,D55.53 State Project: 62-00189 MN Project: STPX 6206(093) Agree No: 88545 Safety Code: 5F Railroad: CPR Location: ARLiNGTON AVE City: ST PAUL Date: 10/11/05 F�chibit:D Sheet 1 of 1 "E�H[B[T C,.