HomeMy WebLinkAbout2010-01-20 PACKET 04.H.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA
MEETING ITEM #
DATE 01/20/2010
PREPARED BY Engineering Jennifer Levitt
ORIGINATING DEPARTMENT STAFF AUTHOR
COUNCIL ACTION REQUEST
Recommend the Council adopt - the attached resolution approving the agreement with the Soo
Line Railway Company (d /b /a Canadian Pacific Railway) and the Commissioner of
Transportation for the installation and maintenance of the railroad crossing signals at the
intersection of Belden Boulevard in Cottage Grove.
STAFF RECOMMENDATION
It is recommended the Council adopt the attached resolution approving the agreement with the
Soo Line Railway Company (d /b /a Canadian Pacific Railway) and the Commissioner of
Transportation for the installation and maintenance of the railroad crossing signals at the
intersection of Belden Boulevard in Cottage Grove.
SUPPORTING DOCUMENTS
® MEMO /LETTER: Jennifer Levitt, January 13, 2010, Gene Dahlke, December 8, 2009.
® RESOLUTION:
❑ ORDINANCE:
❑ ENGINEERING RECOMMENDATION:
❑ LEGAL RECOMMENDATION:
® OTHER: Belden Railroad Crossing Signal /Gates Agreement.
ADMINISTRATORS COMMENTS
A ity Administrator Date
COUNCIL ACTION TAKEN: APPROVED ❑ DENIED ❑ OTHER
IN4� CITY OF COTTAGE GROVE
MINNESOTA
To: Honorable Mayor and City Council
Ryan Schroeder, City Administrator
From: Jennifer M. Levitt, P.E., City Engineer
Date: January 13, 2010
Re: Approve Belden Railroad Crossing Signal /Gates Agreement
Background /Discussion
The Belden Railroad Crossing in Cottage Grove has been selected to receive a crossing signal
and gate improvement with Federal Highway Administration funding. The project was added
to the 2010 -2013 State Transportation Program by a formal Surface Transportation
Improvement Project amendment in the fall of 2009. The project will provide for safety
improvements and will be designed to accommodate the requirements of high speed rail. The
railroad will have twelve months to complete the project once the agreement is fully executed.
At this point in time there is no established schedule set by the railroad for the work to take
place.
The agreement outlines that the full cost participation is borne by the State administering the
Federal funds through the construction by Canadian Pacific Railway. The City has no financial
responsibility for the project. The City would be required to provide a detour for the
construction, if it becomes necessary. The Minnesota Department of Transportation has
indicated that a detour is not typically necessary to facilitate the type of work that is proposed.
The enclosed agreement has been reviewed by the City Attorney. Staff is recommending
approval of the enclosed agreement and resolution for the installation of the crossing signal
and gates valued at $211,703.09.
•- •. :•
It is recommended the Council adopt the attached resolution approving the agreement with the
Soo Line Railway company (d /b /a Canadian Pacific Railway) and the Commissioner of
Transportation for the installation and maintenance of the railroad crossing signals at the
intersection of Belden Boulevard in Cottage Grove.
RESOLUTION NO. 10-
RESOLUTION TO ENTER INTO AN AGREEMENT WITH THE SOO LINE
RAILROAD COMPANY (d /b /a CANADIAN PACIFIC RAILWAY) AND THE
COMMISSIONER OF TRANSPORATION FOR THE INSTALLATION AND
MAINTENANCE OF RAILROAD CROSSING SIGNALS AT THE
INTERSECTION OF BELDEN BLVD. (MUN 55) WITH THE TRACKS OF THE
SOO LINE RAILROAD COMPANY (d /b /a/ CANADIAN PACIFIC RAILWAY).
WHEREAS, the City of Cottage Grove will enter into an agreement with
the Soo Line Railway company (d /b /a Canadian Pacific Railway) and the
Commissioner of Transportation for the installation and maintenance of railroad
crossing signals at the intersection of Belden Blvd. (MUN 55) with the tracks of
the Soo Line Railroad Company (d /b /a/ Canadian Pacific Railway) in Cottage
Grove, MN; and
WHEREAS, the Commissioner of Transportation will be appointed by the
City of Cottage Grove to supervise said project and administer available Federal
Funds in accordance with Minnesota Statute, Section 161.36; and
THEREFORE, the City of Cottage Grove's share of the cost shall be zero
(0) percent of the total signal cost.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of
Cottage Grove, County of Washington, State of Minnesota, that the City will enter
into an agreement with the Soo Line Railroad Company (d /b /a Canadian Pacific
Railway) and the Commissioner of Transportation for the installation and
maintenance of railroad crossing signals at the intersection of Belden Blvd. (MUN
55) with the tracks of the Soo Line Railroad Company (d /b /a Canadian Pacific
Railway) in Cottage Grove, 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 zero (0) percent of the total signal cost.
Passed this 20 day of January, 2010
Myron Bailey, Mayor
Attest:
Caron M. Stransky, City Clerk
m
G Minnesota Department of Transportation
Office of Freight and Commercial Vehicle Operations
Mail Stop 470
° FT01 395 John Ireland Blvd. Tel: 651/215 -6330
St. Paul, MN 55155 -1899 Fax: 651/366 -3720
December 8, 2009
Jennifer Levitt
Cottage Grove City Engineer
Engineering Dept
8635 W. Point Douglas Road
Cottage Grove, MN 55016
Phone: 651/366 -3656
gene.dahlke @dot.state.mn.us
Re: State Project: 8200138 [HSR 8210(089)]
Location: Belden Blvd. (MUN 55), Cottage Grove, Washington Co.; MN
Railroad: Soo Line Railroad Company (d/b /a Canadian Pacific Railway)
Agreement No. 95496
File No. F -0820
Project: Railroad Crossing Signals /Gates
Dear Ms. Levitt:
Enclosed are six copies of the above referenced agreement to install signals /gates atBelden Blvd. (MIJN
55) in Cottage Grove. This project is included in the 2010 -2013 State Transportation
Improvement Program by formal STIP amendment.
There are,two pages that must be signed and completed by the City of Cottage Grove:
Page 6 is the main signature page and requires two signatures of city officials; signed, with title
and date included, on the left hand side of the page.
Page 7 is the Resolution Page. You may use the one provided or submit one of your own. In
either case, the resolution should be certified or attested to by an appropriate official.
Please contact me before making any changes, additions or deletions to this agreement. Sign all six
copies of the agreement as instructed above, and return all copies to this office for further processing.
One fully executed copy will be returned to you.
Please give me a call ifyou have any questions, comments or concerns.
Sincerely,
Gene Dahlke - Project Manager
Railroad Administration
Enclosure: Agreement No. 95496 (6 copies)
cc: File — (F -0820)
An equal opportunity employer
AGREEMENT
95496
USDOTNO
391259B (F -0820)
DATED
S.P.
82 -00138
MINN. PROD.
I HSR 8210(089
FUNDS
Federal
Railroad Crossing Signals /Gates
Belden Blvd. (MUN 55); Cottage Grove,
Washington County, Minnesota
SOO LINE RAILROAD COMPANY (D /B /A/
CANADIAN PACIFIC RAILWA
Standard Agreement "A"
Dated September 1, 1998
THIS AGREEMENT, made and entered into by and between the CITY OF COTTAGE
GROVE, hereinafter called the "Local Agency "; the SOO LINE RAILROAD COMPANY
(D /B /A/ CANADIAN PACIFIC RAILWAY), 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 104(d) 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 Statutes 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, Belden Blvd. (MUN 55), as now established, crosses the track of the
Company at grade in Cottage Grove, Washington County, Minnesota, the location of said
crossing and railway track being shown on the print hereto attached, marked Exhibit "B"; and
AGREEMENT NO. 95496
WHEREAS, the Local Agency and the Company desire that said grade crossing warning
system be upgraded with new railroad flashing light signals with gates, constant warning circuitry
and LED lenses and the inplace cantilevers which are no longer warranted be removed, 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 reference and made a part of this agreement
with the same force and effect as though fully set forth therein.
Exhibit 'B ", the location print; and Exhibit "C ", the detailed cost estimate, 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 flashing light signals, gates, constant warning
circuitry and LED lenses and remove the inplace cantilever flashing lights on Belden Blvd.
(MUN 55), at the location indicated on 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.
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.
Pa
AGREEMENT NO. 95496
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 Daily Utility Report provided 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 of the project herein contemplated, including preliminary engineering
costs, are to be financed with Federal. Funds. The State 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) 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
I
mployed forces is as follows and in further accordance with the detailed estimate, Exhibit "C ".
Estimated Cost of Signals
100% State Funds (reimbursable with federal funds) $211,703.09
Total Estimated Cost of Signals $211,703.09
TOTAL ESTIMATED COST OF PROJECT $211,703.09
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
AGREEMENT NO. 95496
prior consent. Notwithstanding any provision to the contrary, the State'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 100 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 of this 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 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.
11
AGREEMENT NO. 95496
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 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 or.
have installed, as may be needed, appropriate advance warning signs, other supplemental signs
and pavement markings in accordance witl the Minnesota Manual on Uniform Traffic Control
Devices (MMUTCD). The Local Agency agrees to install said signs using retroreflective
sheeting types and qualified products used for permanent signs, markers and delineators, Type IX
or better found at littp: / /www dot state nm us /products /signin0sheetiD html The Local Agency
also agrees to remove signs that are no longer needed as a result of said signal installation.
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.
AGREEMENT NO. 95496
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be duly executed.
CITY OF COTTAGE GROVE SOO LINE RAILROAD COMPANY
(DB /A/ CANADIAN PACIFIC RAILWAY)
By: By:
Dated:
B y :
Dated:
STATE OF MINNESOTA
Recommended for Approval: Commissioner of Transportation
By: By:
Manager, Railroad Administration Section Director, Freight, Railroads & Waterways
Dated: Dated:
STATE ENCUMBRANCE VERIFICATION
individual certifies that funds have been encumbered as required by Minn. Star. §§ 16A.15 and 16C.05
Signed: Dated: MAPS:
APPROVED:
Department of Administration
By:
Authorized Signature
Dated:
Dated:
Im
Dated:
6
EXHIBIT "A"
STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION
STANDARD CLAUSES.
FOR
RAILROAD- HIGHWAY AGREEMENTS
April 11, 2008
1. EFFECTIVE DATE
This Agreement will become effective upon the date State obtains all signatures required by Mimnesota 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 of termination.
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 -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 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.
5. DATA DISCLOSURE
Under Minnesota Statutes Section 270C.65, 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.
EXHIBIT "A" - Page 1 of 5
6. ELIGIBILITY OF COSTS
The provisions contained in Federal -Aid Policy Guide, Chapter 1, Subchapter G, Part 646, Subpart B and
Chapterl, Subchapter B, Part 140, Subpart I, apply to railway- highway project, regardless of the method of
financing the project.
7. WORK REPORTS
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 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. State will make payments in accordance with Minnesota Statutes § 16A.124.
b. Invoices for labor and materials ( "partial invoices ") may be submitted on a periodic basis during
the term of the project, but not more frequently than once per month. These valid partial invoices
will be paid 30 days from the date they are received by the Office of Freight and Commercial
Vehicle Operations, Railroad Administration Section.
C. Partial invoices that are not approved due to disputed items will be returned to the Company with
a request for an explanation for any disputed items. If the dispute is resolved, the State shall pay
the Company within 30 days of receiving a corrected invoice. The State may pay the non-
disputed portion of any disputed invoice.
d. Final invoices must be submitted within 120 days of the completion of the reimbursable railroad
work. Invoices submitted after this date, and less than one (1) year after the last activity on the
project will not be paid, unless good cause is shown for the delay in the submission of the
invoice. In accordance with federal regulations, 23 CPR 140.922, any final invoice received more
than one (1) year after the last reimbursable railroad work will not be paid.
e. Partial invoices must be based on actual (not estimated) costs incurred. Partial invoices need not
be itemized, but State must be able to substantiate costs by checking the Company's records.
The final invoice 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, and shall
be marked "Final invoice ".
£ Payment of the final invoice will be made after State inspects and approves the work. All work
will be inspected within 120 days from receipt of the final invoice. Subsequently, the final
invoice will be forwarded for audit by the State, in accordance with the requirements of state and
federal laws and regulation. 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
EXHIBIT "A" - Page 2 of 5
in excess of the actual cost determined by audit, the Company, upon notice from the State, will
within 30 days pay to the State the difference. Conversely, in the event that any amount
previously paid to the Company is less than the actual costs determined by audit, the State shall
pay the actual costs due within 30 days of the determination of the actual costs of the work.
g. All invoices shall be addressed as follows:
Mn/DOT Office of Freight and Commercial Vehicle Operations
M.S. 470 Rail Administration Section
395 John Ireland Boulevard
St. Paul, MN 55155 -1899
9. WORKERS' COMPENSATION
The Company certifies that it is in 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 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 wider 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 wisatisfactory work.
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 project 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.
EXHIBIT "A" - Page 3 of 5
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.
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. 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 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 ofthis 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 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 onAhe 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, Including Procurements 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 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 contactor 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
EXHIBIT "C"
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EXHIBIT "C"
CANADIAN PACIFIC RAILWAY
Beldon Blvd - Cottage Grove, MN
• DOT # 391 259 B M.P. 399.77
RSS Project Number: C-09-904 Rev. 1.0
November 12, 2009
MATERIA LS � UNIT - TOTAL
LINE �Q1Y DESCRIPTION'OF ,jN COST .COS.T,s'
- 1 •
1
House, 6'X8', Alum., CP Rail, Far, P/N T17893
10800.00
$10,800.00
2
1
HXP -3R, Sin le Track Basic Assembly GE, P/N 250729 -2201
11930.71
$11,930.71
3
1
Module, RSI, Used w /HXP -3 Base P/N T13672
1274.34
$1,274.34
4
1
Panel, Surge Arrester MDSA -1, GE, PIN 250675 -001
253.54
$253.54
5
1
SSCC III Plus, 40A Crossing, P/N 9000 - 91190 -1101
3762.48
$3,762.48
6
1
Event Recorder, SEAR II, CP SOO, PIN 8311 - 80290 -00000
2823.00
. $2,82100
7
2
ILOD for SEAR II, P/N A80271
467.59
$935.18
8
2
Char er, ERB -C 12/4001 C, P/N 150395 -Tl 1922
1084.05
$2,168.10
9
1 1
Transformer, 120/24, VAC, Type, P/N 151236- T09992
80.33
$80.33
10
1
Transformer, 120/5, VAC, P/N T15928
33.49
$33.49
11
9
Panel, Vertical, Blank Faraday, P/N 051883 -152
135.48
$1,219.36
12
- 3
Panel, Surge, 3 Track, With, P/N 051883 -199X1
333.15
- $999.46
13
4
Panel Ass y, Vertical Track, P/N 051883 -127X1
282.00
$1,128.00
14
1
Relay, N.V. P &B KUP- 14D15 -1, P/N 053222- T04010
17.51
$17.51
15
1
Socket, P &B Relay, For KUP SER, P/N 054222- T09996
10.15.
$10.15
16
2
Clip, Hold Down, Relay, P &B 20C, PIN 053222- T09795
5.74
$11.48
17
- 1
Fuse, 5A, FRN -5, P/N 310152- T00391
11.25
$11.25
18
2
Fuse, 10 AMP, 250 Volt, FRN- R- 10, P /N T13212
1125
$22.50
19
4
Block, Ass y, Fuse, BKLT CUCA , PIN 027614 -1X
- 15.03
$60.12
20
2
Diode, For CN, Rail Jobs, P/N 8A299 -6 -
2932
$58.64
21
29
Block, Terminal, 2 -3/8" Center, PIN 023612 -1X -
5.90
$171.10
22
4
113lock, Terminal, 12, P/N 023274 -501X
14.09
$56.36
23
1
Block, Terminal 12 Post, P/N 023390 -12X
14.28
$14.28
24
3
Connector, 1/2" Strai ht, P/N 409152- TO9455
3.75
$11.25
25
1
Breaker SGL 20A, P/N 007471 -1B
21.68
$21.68
26
22
Nut, Insulated, P /N. 023408 -1X
5.10
$112.18
27
1
Arrester, Heavy Duty, Clearview, P/N 022585 -1X
41.25
$41.25
28
17
Equalizer without Base, P/N 022700 -1X
16.75
$284.75
29
41
Arrester Clearview, CUCA , P/N 022485 -28X -
10.87
$445.47
30
2
Protector, Sure SP20 -4A, P/N 010807 -23AX
188.35
$376.70
31
1
Protector, Sure SP20 -3A, P/N 010807 -7AX
146.43
$146.43
32
50
Wire #18 AWG, Ins. Blk. Stranded, P/N T13353
0.31
$15.50
33
50
Wire #22 AWG, AHKP, Black, Belden, P/N T12939
- 0.24
$12.00
34
750
Wire #16 Okonite T.0 Blue #11, PIN 099056- T01538
0.25
$187.50
35
150
Wire #14 Okonite T.C. Blue #11 P/N 099056- T06548
- 0.22
$33.26
36
1000
Wire #10 Okonite T.C. Blue #11, P/N 099056- T01379
0.42
$420.00
37
200
Wire #10 Green, Insulated, TH.... P/N 099152- TO8707
0.34
$68.00
38
50
Wire #6 AWG Stranded Copper .... P/N 099152 - 706958 -
0.27
$13.50
39
36
Terminal, Solis Ring Tongue AM, P/N 097000- T00206
- 0.37
- $13.30
40
150
Terminal, #12-10,1/4" Binding, P/N 097769- TO2961
3.10
- $464.33
41
1 75
ITerminal, AMP, 16/14 HD, AWG.S, P/N 091769- T06180
0.81
$60.75
42
16
Lu #6 Battery, For Alcad Bat, P/N 091643- T08694 -
0.72
$11.48
43
34
Conduit, 1/2" Flex, Metal, P/N 409152 - 709456
0.44
$
1
Light, Gem Power Off, B -Hive T, P/N T13649
38.43
$38.43
45
1
Box, Test, Ke for CP Rail. P/N 001876- TI1593
196.23
$196.23
46
1
Switch, Selector, Allen Bradle, P/N 133152 - 709990.
- 64.06
$64.06
47
1
Plate, Le end, Pushbutton Switch, P/N T12967
5.51
$5.51
PAGE 1 OF 6
CANADIAN PACIFIC RAILWAY
Beldon Blvd - Cottage Grove, MN
DOT # 391 259 B M.P. 399.77
RSS Project Number: C -09 -904 Rev. 1.0
November 12, 2009
48
1
Box, Wall Mount, Allen Bradley, PIN 001152 - 709991 -
93.86
$93.86
49
140
Screw, Wood #12, 1" Round, PIN T15463
0.18
$25.83
50
37
Panduit, E2X3LG6 Taylor #92030, PIN 098152- TOO256
2.20
$81.54
51
37
Cover, Panduit #C2LG6 2 "x 6', PIN 098152- TOO259
0.49
$18.20
52
- 2
Contact, Magnetic for Door Ala.., PIN 409172- TO9264
7.08
$14.17
53
1
Cover, Hand Box -
0.50
$0.50
54
1
Box 2x4 Outlet, PIN 7200
3.10
$3.10
55
5
Connector, Flex Conduit, 1/2" 90, PIN T12975
2.54
$12.70
56
1 6
Cover, Panduit, 1x6 FT, PIN 018 -06 -021
0.44
$2.64
57
6
Duct, Panduit, lx3x6 FT, PIN 018 -06 -020
2.63.
$15.81
58
10
Battery, NI -CAD, 250 AH, SCM, WTH, PIN 171023- TO9987
316.56
$3,165.61
59
9
Battery, NI -CAD, 340AH, SCM, WTH, P/N T15661 _
484.15
$4,357.35
60
1
Padlock, Combination, Pro ramm, PIN 409915- TO9043
.2129
$23.29
61
5
Padlock, Hexagon ORSpanner w /.... P/N 030399.16X
18.18
$90.92
'.62
2
Padlock, CP Rail, American Par, PIN 231271- TO9993
26.65
$53.30
63
1'50
Wire, #6 Solid Soft Drawn Copp, PIN 400999- T00027
0.88
$132.00
64
6
Rod, Ground 518" X 10', PIN 112152- TO1991
- 21.90
$131.43
65.
6
Connection, 1- Shot Cadweid #SBN, PIN 112026- TO1958
- 9.15
$54.92
66
200
Bondstrand, Insulation 3/32" D, PIN 021624 -3
0.91
$182.45
67
350
Cable, Underground 2C #6 TW, PIN 099044- Tl0004
1.99
$695.98
68
450
Cable, Underground IOC #14 SO, PIN 099044 - 710005
1.71
$770.29
69
450
Cable, U.G. 7C #6 Solid Copper, PIN 409244- TO6526
7.59
$3,415.50
70
150
Cable, U.G. 3C #2 Solid Copper, PIN 409244- TO6525
8.56
$1,284.00
171
300
Bond, Joint XS Style SBS- 2488 -2, PIN 115026- TOO148
4.56
$1,368.38
72
3
Sealant, Perma um Plastic, PIN 400999- TOOI85
14.76
$44.28
73
20
Clamp, Ins. Wire W/O Base Ins., PIN 021378 -23X -
3.49
$69.70
74
- 8
Sleeve, Tab Style For 3/16" ST, PIN 0960106- T12346
1.65
$13.20
75
8
Sleeve, Tab Style For 3/16" ST, PIN 115026- TO1174
1.04
$8.28
76
8
Weld Metal, Cadweld No. SB25, PIN 115026 - 700550
1.59
$12.71
- 77
10
Terminal, Ring Tongue, Wire Reno, P/N 097000 - 700003
1.11
$11.09
78
8
Clip, Trk. Circuit Retainer, 1, PIN 999026- TO8742
3.88
$31.04
79
2
Shunt, Narrow Band; NBS -2 285Hz, GE:250568 -285
354.00
$708.00
80
1
Secrete, Sand - Cement Mixture, PIN 999103- T11146
2.08
$2.08
81
2
Duct Seal 15 lb. Bags, PIN 116152- T0o151
15.3'2
.$30.65
82
4
Tubing, Heat Shrink, 6" Long, P/N 116033- TIO483
40.11
$160.43
83
1
Tape, Electrical Vinyl, Cold Wea.., P/N 116136- T10734
5.40
$5.40
84
1 4
Hose, 2" Dia. X 18" Long, P/N 400999- TO10154 -
4.05
- $16.20
85
1
Broom., Heavy Duty #1003308, PIN 350053- T11934
11.63
$11.63
86
2
Mast, "S" 5" X 16'0" Std. Hole, PIN 070519 -40AX
1289.26
$2,578.52
-
87
2
Gate, Model "S-40" W/ Hardware
4277.04
$8,554.08
88
2
FLX -4000 & X -ARM 1-Way, P/N 042003 -MLEDl W
1200.00
$2,400.00
89
2
FLX -4000 & X -ARM 2-Way, P/N 042001 - 1-40011
2079.00
$4,158.00
90
2
Counterweight Kit 3 2', PIN 070755- 1720X3 -
1802.33
$3,604.66
91
2
Foundation, Concrete
573.75
$1,147.51
92
2
Kee Gate Arm, General Signal, PIN 250165- TO9225
2212.65
$4,425.29
93
2
Bracket High Wind, NEG 191036, PIN 259371- T10128
.98.10
$196.20
94
2
Support, Hi h Wind For Gate As, PIN 076203 -518X
145.45
$290.91
95
2
Sleeve, Extrusion, Gate Arms 1, PIN 076203 -6
16.86
$33.71
96
2
Support, Arm Ass y, PIN 070920 -211 LRX -
765,63
$1,531.26
97
2
Gate Arm, 16' -32' Alum /Fiber, PIN 250938- T11152
742.50
$1,485.00
98
2
Lamp Kits, EZ Gate R Lamp, Inc
238.19
- $476.38
99
2
Sign, RR Cross, PIN 035200 -DXD
242.14
$484.28
100
2
Bell, Electronic, 4 " -5" Base, PIN 253165- TIO906
399.94
$799.88
101
'500
Wire, #10 Okonite T.C. Blue #11, PIN 099056 -TOI 379
0.35
$174.20
102
16
Nut, Insulated, P/N 023408 -1X
5.10
103
4
Foundation, 1 Piece, 48" Tall, P/N 330276 - 709999
193.13
$772.51
PAGE 2OF6
PAGE 3 OF 6
EXHIBIT "C"
CANADIAN PACIFIC RAILWAY
Beldon Blvd - Cottage Grove, MN
DOT # 391 259 B M.P. 399.77
- RSS Project Number: C- 09.904 Rev. 1.0
November 12, 2009
104
2
Foundation, Assembly, P/N 035903 -912X
492.46
$984.92
105
1
Wrench Kit, Torque, P/N 070981 -X -
209.81
$209.81
106
75 -
Link Assembly, Test -
229
$171.82
107
8
Link, Test 2 3/8" Centers
1.87.
$14.95
108
4
Resistor, 0.63 Ohm, Ad', Porcelan - - -
28.37
$113.47
109
3
Guard, Fiper - - -
3.89
$11.66
110
1
Rock, SB2 fill and dress
1,000.00
$1,000.00
111
I
I Total:
$93,718.95
PAGE 3 OF 6
EXHIBIT "C"
CANADIAN PACIFIC RAILWAY
Beldon Blvd - Cottage Grove, MN
DOT # 391 259 B M.P. 399.77
RSS Project Number: C- 09-904 Rev. 1.0
November 12, 2009
t.. UNIT TOTAL
.. 4 T,,...
NO€ , Qty , DESCRIPTION OF�,LABOR/EQUI MENT .k ,x,` COS
1 CANADIAN PACIFIC RAILWAY LABOR -
2
160
Signal Gan , Foreman
30.81
$4,930.15
3
Signal Gang, Foreman, Overtime
46.22
$0.00
4
160
Sig nal Gang, Lead Signalman -
25.76
$4,122.05
5
Signal Gang, Assistant Foreman, Overtime
38.64
$0.00
6
160
Signal Gang, Signalman -
25.28
$4,045.14
7
Signal Gang, Signalman, Overtime
37.92
$0.00
8
320
Si nal Gang, Assistant Signalman
22.34
- $7,149.47
9
Signal Gan , Assistant Signalman, Overtime
33.51
$0.00
10
40
Signal Supervisor
38.66
$1,546.40
. 11 -
32
Accounting/Billing Accounting/Billing Clerk
21.66
$693.12
12
Track Gang, Foreman
21.10
$0.00
13
Track Gang, Laborers
17.54
` $0.00
14
SUBTOTAL CPR DIRECT LABOR:
$22,486.33
15
16
RAIL SIGNAL SYSTEM LABOR
17
32
Signal Engineer
43.26
$1,384.32
18
60
Project Engineer
31.50
$1,890.00
19
16
File Clerk
20.50
$328.00
20
50.
CAD O
21.00
$1,050.00
21
SUBTOTAL RSS DIRECT LABOR.
$4,652.32
22
23
CANADIAN PACIFIC RAILWAY TRAVEL
.24
Employee Airfare - -
$0.00
25
80
Employee Meals Per Diem -
35.00
$2,800.00
26
80
Employee Travel & Lod in Per Diem
50.00
$4,000.00
27
SUBTOTAL CPR TRAVEL:
$6,800.00
28
29
RAIL SIGNAL SYSTEM TRAVEL
-
30
Employee Airfare -
500.00
$0.00
31
Employee Meals (Per Diem) - -
35.00
$0.00
32
Employee Travel & Lodging (Per Diem)
50.00
$0.00
33
SUBTOTAL RSS TRAVEL:
$0.00
34
35
CANADIAN PACIFIC RAILWAY EQUIPMENT
36
Truck, Pickup, 1 Ton, Crew Cab -
37
40
Hourly - -
11.25
$450.00
38
Dail - -
112.50
$0.00
39
Weekly
450.00
$0.00
40
4i
Truck, Pickup, with H rail
42
160
Hourly
15.60
$2,496.00
43
Dail
156.00
$0.00
44
Weekly -
624.00
$0.00
45
46
Truck, Diesel, Boom, Telescoping - -
47
160
Hourly
80.10
$12,816.00
48
Daily
801.00
$0.00
49
Weekly
3,204A0
$0.00
50
51
Backhoe, 4WD, 70 HP
52
160
Hourl
3630
$5,872.00
53
Dail
367.00
$0.00
54
Weekly
1,468.00
$0.00
PAGE 4OF6
CANADIAN PACIFIC RAILWAY
Belden Blvd - Cottage Grove, MN
DOT -# 391 259 B M.P. 399.77 -
- RSS Project Number: C -09 -904 Rev. 1.0
November 12, 2009
55
56
Trailer, Utility, Non -Tilt, 4 Tire
57
160
Hourly
4.10
$656.00
58
Dail -
41.00
$0.00
59
Weekly
164.00
$0.00
60
61
Generator, 2400 Watt, 5 HP
62
160
Hourly
1.25.
$200.00
63
1
Daily
12.50
$0.00
64
Weekly
50.00
$0.00
65
66
Grinder, Rail, Portable, On -Track
67
160
Hourly - -
3.50
$560.00
68
Daily
35.00
$0.00
69
Weekly -
140.00
$0.00
70
71
Section Truck, with Hoist and Crane
72
Hourly -
7100
$0.00
73
Daily
730.00
$0.00
74
Weekly
2,920.00
$0.00
75
-
- SUBTOTAL CPR EQUIPMENT:
$23,050.00
76
77
RAIL SIGNAL SYSTEM EQUIPMENT
78
Car, 2002 Ford Tarus
79
Hourly -
7.15
$0.00
80
Daily
71.50
$0.00
81
Weekly
286.00
$0.00
82
SUBTOTAL RSS EQUIPMENT:
$0.00
83
84
OUTSIDE. SERVICES EXPENSES
85
150
Boring, 4" Schedule 80 PVC, er foot
45.00
$6
86
1
AC Meter Service -
2,000.00
$2,000.00
87
132
Safetran Shop Wiring & Testing
78.11
$10,310.52
88
10
Engineering Check
91.11
$911.10
89
..
90
91
92
1
Freight
3,200.00
$3,200.00
93
1
Container Drop Charge -
350.00
$350.00
94
1
Container Cleanout
380.00
$380.00
95
1
Container Usea e 120 Days 0 $8.25
990.00
$990.00
96
SUBTOTAL OUTSIDE SERVICES'
-
$24,891.62
97
98
1
SUBTOTAL CPR LABOR, TRAVEL, EQUIPMENT & OUTSIDE SERVICES
$77,227.95
PAGE 5 OF 6
FAMwIIAIAM
N0
1
CANADIAN PACIFIC RAILWAY
Belden Blvd - Cottage Grove, MN
DOT # 391 259 B M.P. 399.77
RSS Project Number: C -09 -904 Rev. 1.0 -
November 12, 2009
aw^,�"F �,... i r UNIT TOTAL
.qtY SUMMARY QF PROJECTTOTAt i y ka COST ,. "t COST
1 SUBTOTAL MATERIAL 93 718.95 $93,718.95
2
1
TAXES:
6.50%
$6,091.73
3
1
SUBTOTAL RSS DIRECT LABOR:
4,652.32
$4,652.32
4
1
RSS DIRECT LABOR G & A RATE:
57.30%
$2,665.78
5
1
RSS LABOR BENEFIT RATE:
48.00%
$2,233.11
6
1
RSS GENERAL LIABILITY INSURANCE RATE
60.40%
$2,810.00
7
1
SUBTOTAL RSS TRAVEL EQUIPMENT
-
$0.00
8
1
- RSS PROFIT:
- 15.00%
$1,854.18
g
1
SUBTOTAL CPR DIRECT LABOR:
22,486.33
$22,486.33
10
- 1
- CPR DIRECT LABOR ADDITIVES RATE
77.08%
$17,332.46
11
1
CPR GENERAL LIABILITY INSURANCE RATE
13.86%
$3,116.61
12
1
SUBTOTAL CPR TRAVEL, EQUIPMENT & OUTSIDE SERVICES
54,741.62
$54,741.62
13
1
- CONTINGENCY:
$0.00
74
PROJECTTOTAL:
$211,703.09
PAGE 6OF6