HomeMy WebLinkAbout6.j. Akron Avenue Union Pacific Grade Crossing Agreement, City Project #399 4R3SENAOLINTF SUMMARY
CITY COUNCIL
City Council Meeting: February 19, 2008
AGENDA ITEM: Akron Avenue Union Pacific At Grade AGENDA SECTION:
Crossing Agreement, City Project #399 Consent
PREPARED BY: Andrew J. Brotzler, PE, City Engineer GENDA NO. (.0j.
ATTACHMENTS: Agreement APPROVED BY: of-
RECOMMENDED ACTION: Motion to Approve an Agreement with the Union Pacific
Railroad for Improvements to the At -grade Crossing at Akron Avenue and Authorize the
Necessary Signatures.
ISSUE:
City staff requests Council authorization for staff to execute an agreement with the Union Pacific Railroad
for improvements to the at -grade crossing on Akron Avenue associated with the County Road 73
Improvements Project, City Project #399.
BACKGROUND:
Please find attached for Council consideration an agreement with Union Pacific Railroad Company for the
reconstruction of the existing at -grade crossing on Akron Avenue. The actual reconstruction of the
crossing will be completed by the Union Pacific Railroad, as outlined in the attached Agreement.
The railroad estimates the cost for the reconstruction of the at -grade crossing to be $91,891. This cost was
included as part of the estimated project cost in the feasibility report, and as part of the CR 73 Joint
Powers Agreement with Dakota County, the City is responsible for 45 percent of the cost of the crossing
with Dakota County funding the remaining 55 percent. The City's portion is being funded through the
Street Capital Improvement Fund (CIP).
A copy of the agreement has been reviewed by the City Attorney.
SUMMARY:
Staff recommends Council authorization of staff execution of the attached Grade Crossing Agreement
with Union Pacific Railroad.
G:\ ENGPROJ13991UnionPacifi icGradeCrossingAgreementCC2- 19- 08.doc
Public Road Improvement 12/04/00
Estimated Costs
Form Approved -AVP Law
Improvements to Existing Public Road At Grade Crossing
For Akron Avenue, DOT 876407L
M.P 335.56 Albert Lea Subdivision,
Rosemount, Minnesota
THIS AGREEMENT, executed in duplicate this day of by and between
UNION PACIFIC RAILROAD COMPANY, a Delaware corporation (hereinafter the "Railroad and
CITY OF Rosemount, a municipal corporation of the State of Minnesota (hereinafter the "Political
Body WITNESSETH:
RECITALS:
The Political Body has requested the Railroad to improve the existing Akron Avenue crossing,
at grade, along, over and across the Railroad's track and right of way at Mile Post 335.65, Albert Lea
Subdivision, DOT No. 876407L, in City of Rosemount, Dakota County, Minnesota to which the
Railroad is agreeable, but solely upon terms and conditions hereinafter set forth.
AGREEMENT:
NOW THEREFORE, in consideration of the premises and of the promises and conditions
hereinafter set forth, the parties hereto agree as follows:
1. The Railroad shall furnish all labor, material, equipment and supervision for, and shall (a)
install a 92 ft. precast concrete crossing, (b) field weld rail, (c) relay track at crossing with 136# rail, (d)
renew the crossties, and (e) surface the track with new ballast, all at the intersection of the Railroad with
Akron Avenue at Mile Post 335.65 in Dakota County, Minnesota, as shown generally on Railroad's
print dated January 11, 2007 marked Exhibit A, hereto attached and hereby made a part hereof.
2. The Political Body agrees to reimburse the Railroad for one hundred percent (100 of
Railroad's actual labor and material costs associated with the work and materials described in Section 1
above. The Railroad estimates such cost to be ninety one Thousand eight Hundred and ninety one
Dollars ($91,891.00), as set forth in Estimate of Material and Force Account dated January 01,2008
marked Exhibit B, hereto attached and hereby made a part hereof. During the performance of such work
the Railroad will provide progressive billing to Political Body based on Railroad's actual costs. Actual
costs to the Railroad shall include customary additives to materials, services and labor provided by the
Railroad. Within 120 Days after Railroad has completed its work, the Railroad will submit a final billing
to Political Body for any balance owed. Political Body shall pay the Railroad within thirty (30) days of
its receipt of all bills submitted by the Railroad.
3. The Railroad, at its cost, shall maintain the crossing between the track tie ends. If, in the
future, the Political Body elects to have the surfacing material between the track tie ends replaced with
paving or some surfacing material other than timber planking, the Railroad, at the Political Body's
expense, shall install such replacement surfacing.
4. The Political Body, at its sole cost and expense, shall provide traffic control, barricades,
and all detour signing for the crossing work, provide all labor, material and equipment to install concrete
or asphalt street approaches, and if required, will install advanced warning signs, and pavement markings
in compliance and conformance with the Manual on Uniform Traffic Control Devices.
5. If Political Body's contractor(s) is /are performing any work described in Section 4 above,
then the Political Body shall require its contractor(s) to execute the Railroad's standard and current form
GAE'NGPRQN99)Roee na mt MN Akron Ave 876407L doe 1
Public Road Improvement 12/04/00
Estimated Costs
Form Approved -AVP Law
of Contractor's Right of Entry Agreement. Political Body acknowledges receipt of a copy of the
Contractor's Right of Entry Agreement and understanding of its terms, provisions, and requirements, and
will inform its contractor(s) of the need to execute the Agreement. Under no circumstances will the
Political Body's contractor(s) be allowed onto the Railroad's premises without first executing the
Contractor's Right of Entry Agreement.
6. Fiber optic cable systems may be buried on the Railroad's property. Protection of the
fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting
in business interruption and loss of revenue and profits. Political Body or its contractor(s) shall telephone
the Railroad during normal business hours (7:00 a.m. to 9:00 p.m., Central Time, Monday through Friday,
except holidays) at 1- 800 336 -9193 (also a 24 -hour number, 7 day number for emergency calls) to
determine if fiber optic cable is buried anywhere on the Railroad's premises to be used by the Political
Body or its contractor(s). If it is, Political Body or its contractor(s) will telephone the
telecommunications company(ies) involved, arrange for a cable locator, and make arrangements for
relocation or other protection of the fiber optic cable prior to beginning any work on the Railroad's
premises.
7. The Political Body, for itself and for its successors and assigns, hereby waives any right
of assessment against the Railroad, as an adjacent property owner, for any and all improvements made
under this agreement.
8. Covenants herein shall inure to or bind each party's successors and assigns; provided, no
right of the Political Body shall be transferred or assigned, either voluntarily or involuntarily, except by
express written agreement acceptable to the Railroad.
9. The Political Body shall, when returning this agreement to the Railroad (signed), cause
same to be accompanied by such Order, Resolution, or Ordinance of the governing body of the Political
Body, passed and approved as by law prescribed, and duly certified, evidencing the authority of the
person executing this agreement on behalf of the Political Body with the power so to do, and which also
will certify that funds have been appropriated and are available for the payment of any sums herein
agreed to be paid by Political Body.
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the date
and year first hereinabove written.
UNION PACIFIC RAILROAD COMPANY
By
Title:
ATTEST: CITY OF Rosemount MN
By
City Clerk Title:
Pursuant to Resolution/Order
dated
hereto attached.
G: IENOPR0J13991Roaamou t MNAkroe Ave 876907E .doe 2
DATE: 2008 -01 -25
ESTIMATE OF MATERIAL AND FORCE ACCOUNT WORK
BY THE
UNION PACIFIC RAILROAD
THIS ESTIMATE GOOD FOR 6 MONTHS EXPIRATION DATE IS ;2008 -07 -25
DESCRIPTION OF WORK: 3
2008 REOOLLBCPIBLE PROJECT
M.P. 335.65 AL8BRT LEA SUBDIVISION
AKRON AVM, ROSEMOUNT, MN. DOT #875407L f
INSTALL 120 T.F. OF CONCRETE CROSSING SURFACE
UNLOAD BALLAST SURFACE TRACK
PID: 58252 A1O; 82625 MP,SUBDIV; 335.65, AL88RTLEA
SERVICE UNIT: 01 CITY: ROSEMOUNT STATE: MN
DESCRIPTION QTY OBIT LABOR MATERIAL REOOLL UPRR TOTAL.
ENGINEERING WORK
RNGINeBRING 1281 1281 1281 I
TOTAL ENGINEERING 1281 1281 1281
t.
810113L WORK
LABOR ADDITIVE 2363 2475 2478 2475
SALES TAX 7 7 7
SIGNAL 1048 176 1224 1224
TOTAL SIGNAL 3523 183 3706 3706
TRACK SDRFACS BONS
8316 1 1.00 CL 683 752 1435 1435
HILL PREP 900 900 900
CONTRACTOR COST 5000 5000 5000
ESVIRONNSNTAL PERMIT 1 1 1
FIELD WELD' 68 68 68
FOREIGN LINE FREIGHT 471 471 471
HOME LINE FREIGHT 900 900 900
LABOR ADDITIVE 2361 20209 '20209 20209
MAT STORE RXFEHS3 994 994 994
0T#1 400 '4712 5212 5112
RAIL 336.00 IF 541 6024 6565 6565
RDKING 120.00 TF 2483 23591 26074 26074
SALES TAX'„ 1772 1772 1772
I
TEK 2504 2504 2504
1983.0 2211 771 2982 2982
XTIE 100.00 EA 3400 8517 11917 11917 i
i
TOTAL TRACK SURFACE 33399 53505 86904 86904
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E
LABOR/MATERIAL EXPENSE 38203 53688
REOOLLECTIELE /UPRR EXPENSE 91891 0 t
ESTIMATED PROJECT COST 91891 1
Exuma 2247811385.E MATERIAL C
CREDIT 0
SALVAGE 108QSRAB55 MATERIAL CREDIT 0 i
1
RBODLI11CTIBLH 7,838 CREDITS
TEE ABOVE FIGURES ARE ESTIMATES ONLY AMD SUBJECT TO FLUCTUATION. IN THE EVENT OF
AN INCREASE OR DEGREASE IN THE COST OR QUANTITY OF MATERIAL OK LABOR REQUIRED,
UPRR 1437,3. SILL FOR ACTUAL CONSTRUCTION COSTS AT THE CURRENT EFFECTIVE RATE.
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FORM 30 -1 PAG8 04 MOPS
WORK ORDER AOTSORIZATION— DETAIL OP ESTIMATED B7»EWDITURES
PROD N0: 58252
A.W.O. NO: 82625
N.O. NO:
RAILROAD: UPRR CO. E.I. N0: 078510
LOCATION: ROSEPOUNT,MN,ABRON AVE. STATE: 10
DEPARTMENT: 830025888150 s3RVIC25 VAL SEC: 2104A
STOCK MATERIAL PLAN
ITEM ITEM UNIT DIRECT
M01BER DESCRIPTION COST 0TY 014 10A2L 9
13054000 TIMBER SPIKE, 708XIIBAAD 3/4" X 12" 1.42 270 8A 383
41276600 ADHRSIVE, WELD TAGS, RTV SILICON 3.86 2 EA 8
50279760 XTI8 7 •29 "99' PREPLT FOR 5 1/2' R 77.00 11 8A 847 a
50279990 X2I8 7 "X9 "X10' PEEPLT FOR 6" RAIL 91.82 70 EA 6427 t
50297970 XTIE 789709 HMO PRE —PLT NSW 09 -16 65.43 19 EA 1243
s
50361010 0CL2055 GALV RH E —CLIP PA 2.37 280 8A 664
51032010 CULVERT PIPE, 6 INCH STEEL 61.41 11 EA 712
51033790 CULVERT PIPS RANDS 8.67 18 8A 155
51035570 CULVERT PIP8 ELBOW 45 DE0R35 FLEX 21.64 4 EA 87
52005700 B0WD NIR8,7 STRANDS 100 LP. ROLL 0.78 100 LF 78
53954500 180429 -000 B0O9'133 KIT 49.22 2 EA 98
54002000 ASPHALT, 090362WO FILL 70.00 72 TN 5040
54013010 233 -1410 CONC 8' LONG 10' WIDE 1147.57 15 8T 17214
55016300 RAZL .3010R 5 1/2 EASE UNIT 1.13 44 EA 50
55016500 BAWL !►388tOR 6" mot um 0NIT 1.17 76 EA 89
55067070 TRX SPIRE 5/8 X 6 IN 200# KEGS 85.75 0 KB 57
55113900 RAIL 136# RC BLANK NM 17.93 336 LP 6024
55243890 TRANSITION RAIL, 136#NSW/115#WORN 960.86 2 EA 1922
55243900 TRANSITION RAIL, 136 #NSW /115#WORN 965.75 2 EA 1932
55255160 FIELD WELD KIT, 112 9/115# ONE 98 58.63 4 EA 235
55255300 FIELD :MD KIT, 136# ONE SHOT 58.74 8 8A 470
55254570 PACKING SAND, PRE —MIXED (PER SACK 22.44 2 CA 54
55264930 REFRACTORY PAS28 1.83 3 EA 5
56207660 BALLAST, CLASS 2 "BM 7.92 95 TN 752
20TAL 44,547
1.
N1.TL STORE 8RP 996
SALES TAX 1,781
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