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07-919Council File # d7� RESOLUT{ON crnr Presented Referted To PAUL, MINNESOTA Green Sheet # 3044256 Committee Date l7 WHEREAS, the Minnesota Commercial Railway Company desires to imgrove the at-grade railroad crossing on Cleveland Avenue approxunately 400 feet south of Wabash Avenue; and WHEREA5, the City of Saint Paul desires to enter into an agreement with the Minnesota Commercial Railway Companywhich defines engineering, administrafion, construction, and cost participarion responsibilities, including approximately $38,000 {tlurty-eight thousand dollazs) reimbursement in Minnesota State Aid funds from the City to the Minnesota Commercial Railway Company for fair value of materials for improvement of this at-grade railroad crossing with final actual costs determined by submission of certified invoices; now therefore be it RESOLVED, that we hereby authorize the proper City officials to sign this agreement with the Minnesota Commerciai Railway Company; and that we hereby authorize the proper City officials to process payment to Minnesota Commercial Railway Company. Yeas Nays Absem Benanav �/ Bostcam � FIarris � Helgen f Lanhy � Montgomery i/ Thune y / Adopted by Council: Date ld ��l a�G Requested by Department oL �� By: D'uectox Recommended by OFS D'uector: ��12r�� ' Roan Approved by City Attorney By , �i ls6�- � , G'� Approv�y n a r for Su 's i n to cil By: ` Adoption Ceitified by � Date � � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � ��y PN( — PublicWoxks Contact Person & Phone: Pete Gatlagher 266-6685 Must Be on Council Agentla 030CT-07 Doc.rype: RESOLUTION E-0ocument Required: Y Oocume�tCOntacL• CoMad Phone: 21-SEP-07 V I Green Sheet NO: 3044256 � Assign Number For Routing Order Total # of Signature Pages _(Clip All Locations for Signature) 0 2 KYIy AitotneY 1 (StY AftDreeY i 3 ivancial5ervices FinapcialServices 4 a or Office Ms or's Office 5 onncil (S Conncil 6 ' Cierk Ci Clerk Approve Councll Resolution authorizing proper City Officials to enter into an ageement with Mi»nesota Commercial Railway Company for imp[ovement of the existing at-grade caikoad crossing on Cleveland Avenue, appro�mately 400 feet south of Wabash Avenue, idations: Approve (A� or KeJect (K): rersonai sernce convac�s musc ianswer me ronowmg �ucsuons Planning Commission 1. Has this person/firm ever worked under a contraG for this depadment? CIB Committee Yes No Civil Seorice Gommission 2. Has this persoNfirm ever been a city empioyee9 Yes No 3. Does this person(firm possess a skill not nortnally possessed by any curcent c(ty empioyee? Yes No Explain all yes answers on separeM sheet and attach to green sheet Initiating Problem, ls5ues, Opportunity (Who, What, When, Where, Why�: Minnesota Comme�cial Railway wishes to improve the existing at-grade crossing. Work to be performed by Railway Forces with reimbursement by the City foi fair value of crossing materials. Restoiation of adjacent sheet paving to be performed by Ciry Forces. Advantages If Apprwed: Project will proceed. Safety and driveability will be improved for this at-giade railroad crossing. Disadvantages If Approved: None Disadvantages If Not Approved: Project will not proceed. . .� ._ ,�., . - �� . � � $ G' �{ � � L351d g �@ ii C C—`d��R H�� aW1i4� Q �a� � ,. ^E'; �' ��,@� Transaction: $38,�0�.00 F�naing source: Minnesota State Aid activity Number. C07-2T584 ' � ��-. Financial Information: Cleveland Avenue is a designated MSA route. Rail crossing improvements qualify for State Aid funding. (Explain) CosURevenue Budgeted: September 21, 2007 11:41 AM Page 1 � � :.,�rr ,. AAAAI o�-�i� CITY OF SAINT PAUL DEPARTMENT O�' PUBLIC WORKS Agreement for Rail Crossing Improvements AGREEMENT: THIS AGREEMENT is made and entered into by and between the City of Saint Paul, Minnesota, hereinafter referred to as the "City", and the Minnesota Commercial Railway Company, hereinafter referred to as the "Compan}�'. WITNESS: TFiP,T WHEREAS, Cleveland Avenue, as presenfly located within the City of Saint Paul, crosses at grade the main line track of the Company approximately 400' south of Wabash Avenue; and the crossing thus formed is constructed of flange rail and prefabricated rubber panels; and WHEREAS, the parties hereto desire to upgrade the tracks at the crossing and to reconstruct the crossing proper with prefabricated concrete panels; and WHEREAS, the City and its inhabitants and users of said public street will derive benefit from reconstruction of the grade crossing, the City is willing to reimburse the Company for fair value of materiais required for improvement of this crossing provided the Company perfonn at its expense the necessary labor to facilitate the improvements; now THEREF012E, in consideration of the premises and of the mutual covenants and agreements as hereanafter contained, the parties hereto agree as follows: SECTION 1. The parties hereto shall construct, or cause to be constructed, the following items of work: The City shall reimburse the Company fair value for costs of materials, estimated to be approximately $38,000.00, with final actual costs determined by submission to the City of certified invoices or other reasonable proof of purchase for qualified expense, required to complete reconstruction of the crossing proper. 2. The City, at its expense, sha11 perform all work, including sawing of existing pavement and base, required to resurface crossing approaches on Cleveland Avenue as necessary to accommodate the final elevation of the reconshucted crossing. Railroad Protective Liability Insurance will not be required for City forces performing the resurfacing work. 3. The Company, at its expense, shall perform demolition of the existing crossing and coordinate salvage or disposal off-site of existing crossing materials. 4. The Company shall purchase prefabricated concrete panels and related materials required for reconstruction of the crossing proper, with reimbursement by the City as noted in Section 11. Page 1 of 2 6�_�� 5. The Company, at its expense, shali install prefabricated concrete panels and related materials and complete reconstruction of the crossing proper. 6. The Company, at its e�cpense, shall provide necessary advance notice signing, traffic control signing, lane closures and detours as required under City Ordinances and regulations, for the durarion of the project. The Company, at its expense, shall provide a railroad flag person as necessary during resurfacing by City forces of crossing approaches on Cleveland Avenue. SECTTON 2. If at any time subsequent to this improvement, the track through the crossing is eliminated, for any reason, the crossing proper and track 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 fixture removal, reconstruction or maintenance of the crossing that may disrupt Cleveland Avenue vehicular or pedestrian 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 section abutting the installed prefabricated concrete panels. Maintenance obligations sha11 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 Wl'fNESS WHEREOF, the parties have caused these presents to be executed in duplicate counterparts, each of which shall be considered as an original, as of the dates indicated below. � „ City of Saint Paul, Director of Public Works Date City of Saint Paul, Office of Financial Sexvices Date City of Saint Paul, City Attorney Date Page 2 of 2