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HomeMy WebLinkAbout6.f. 145th Street Pedestrian Improvements, City Project 447 Authorize Progressive Rail Crossing Agreement EXECUTIVE SUMMARY City Council Meeting: August 20, 2019 AGENDA ITEM: 145th Street Pedestrian Improvements, City Project 447: Authorize Progressive Rail Crossing Agreement AGENDA SECTION: Consent PREPARED BY: Stephanie Smith, PE, Assistant City Engineer AGENDA NO. 6.f. ATTACHMENTS: Agreement APPROVED BY: LJM RECOMMENDED ACTION: Motion to Approve an Agreement with Progressive Rail, Inc. for an Improvement to Existing Public Road At Grade Crossing at 145th Street West. BACKGROUND Please find attached for Council consideration of an agreement with Progressive Rail for additional track crossing surface on the north side of 145th Street West. Progressive Rail operates the western rail track on behalf of Canadian Pacific Railroad. Execution of the attached agreement authorizes Progressive Rail to order materials and schedule work crews for the completion of the improvements. The construction will be completed by the Progressive Rail workforce and funded by the City. These improvements are anticipated to be completed this fall, dependent upon work crew scheduling. This work is an important component of work needed to be done to support the installation of the sidewalk connection on the north side of 145th, which is anticipated to occur this fall as well. As estimated by Progressive Rail, the cost for the improvements to be completed by the railroad included in the attached agreement is $11,200. The southern sidewalk connection is proposed to be installed with the 145th Street rehabilitation project, currently scheduled for 2023 in the CIP. At that time, additional agreements with Progressive Rail and Union Pacific will be required for southern track surface panel extension and relocation of the railroad’s signal connections. RECOMMENDATION City staff requests Council approval of the attached agreement with Progressive Rail, Inc. for improvements to the at-grade crossing as part of the 145th Street Pedestrian Improvements Project, City Project 447. I:\City Clerk\Agenda Items\Approved Items\6.f. 145th Street Pedestrian Improvements, City Project 447 Authorize Progressive Rail Crossing Agreement.docx MISC-X (XX) Contract No. C00XXXXX AGREEMENT FOR IMPROVEMENT TO EXISTING PUBLIC ROAD AT GRADE CROSSING This Agreement (the "Agreement") is made and entered into by and between the CITY OF ROSEMOUNT, 2875 145th Street West, Rosemount, MN, (the "ROAD AUTHORITY") and Progressive Rail Inc., a Minnesota Corporation, 21778 Highview Avenue, Lakeville, MN 55044 (the "COMPANY"). RECITALS A. The ROAD AUTHORITY proposes to construct sidewalk along the north side of 145th Street, just east of the intersection of 145th Street West & Brazil Avenue. At-Grade-Crossing. The installation of sidewalk is detailed in Exhibit A attached. B. The proposed reconstruction project will cross the track of the COMPANY and requires the installation of track surface concrete panels to facilitate pedestrian traffic. C. The COMPANY concurs with the proposed reconstruction upon terms and conditions set forth in this Agreement. D. Authorization must be received from the Rosemount City Council for the establishment of the proposed improvement. E. The parties hereto desire to set forth the terms and conditions of the reconstruction for compliance with an anticipated construction date of November 1, 2019 for the north sidewalk, authorizing the establishment of the crossing improvements and for the subsequent construction, operation, and maintenance of said crossing and associated improvements. NOW, THEREFORE, in consideration of the promises and of the mutual covenants and agreement as hereinafter contained, the parties hereto agree as follows: SECTION I. CONSTRUCTION. The parties hereto shall construct, or cause to be constructed, the following items of work with respect to the railroad crossing improvements: 1.2 WORK BY THE COMPANY. The COMPANY shall furnish or cause to be furnished, at ROAD AUTHORITY’S expense, material and work equipment required to perform and complete: a. Flagging Protection for Progressive Rail Operation for the ROAD AUTHORITY as required for this project, at the Cost of the ROAD AUTHORITY. All other flagging coordination is the responsibility of the ROAD AUTHORITY. b. Installation of new 7” x 9” x 10’ crossing ties, new pandrol plates with e-clips, new ADA concrete crossing panels, disposal of removed ties; c. Installation of associated other track materials; and d. Incidental work necessary (e.g. excavation, rolling, and necessary equipment) to complete the items hereinabove specified and as described in Exhibit A. e. All work shall be performed in accordance with state and/or federal design requirements. f. Associated labor related to the above will be provided by the COMPANY at the expense of the ROAD AUTHORITY. MISC-X (XX) g. The work by the COMPANY shall be completed prior to the sidewalk construction work along 145th Street West, completed by the ROAD AUTHORITY, prior to November 1, 2019. The ROAD AUTHORITY shall notify the COMPANY at least 30 days prior to scheduled commencement of sidewalk construction work. SECTION 2. RIGHT OF ENTRY TO ROAD AUTHORITY. The COMPANY grants the ROAD AUTHORITY permission to enter the Company’s easement area for the ROAD AUTHORITY to construct its improvements. The ROAD AUTHORITY shall complete its project all without cost or assessment to the COMPANY. SECTION 3. PAYMENT OF COSTS. The estimated total cost of the work to be performed as outlined above by the COMPANY shall be at the expense of the ROAD AUTHORITY and is estimated to be approximately eleven thousand two hundred dollars ($11,200.00), as indicated by Item No. 2 in the detailed estimates of costs attached hereto as "Exhibit B". The cost of the work performed by the COMPANY shall be paid by the ROAD AUTHORITY to the COMPANY within thirty (30) days of the satisfactory completion of the above work by the COMPANY and the provision to the ROAD AUTHORITY of invoices and other data reasonably necessary to support the COMPANY'S request for payment by the ROAD AUTHORITY. SECTION 4. SOUTHERN SIDEWALK CROSSING. In the future, the ROAD AUTHROITY proposes to construct sidewalk along the south side of 145th Street, just east of the intersection of 145th Street West & Brazil Avenue. At-Grade-Crossing. This work is anticipated to occur with the mill and overlay maintenance project of 145th Street, currently scheduled for 2023 in the Rosemount Capital Improvement Projects. The crossing panels for the full roadway shall be replaced with the addition of panels to accommodate the southern sidewalk. The cost is estimated at one hundred-sixteen thousand dollars ($116,000), as indicated in "Exhibit B". A separate agreement will be required for this work at the time of construction and shall include an updated cost estimate. SECTION 5. BUY AMERICA REQUIREMENT. The requirements of the "Buy America" provisions in 23 USC 313 and 23 CFR 635.410 are applicable to this Agreement. If the COMPANY uses steel or iron as part of its work, and the cost of that steel or iron is more than 0.1 percent of the total project cost or $2,500 (whichever is greater), COMPANY must use steel or iron melted or manufactured in the United States. Materials that have been removed from the United States for any process (e.g. change of chemical content, shape, size or finish) are not considered domestic materials. The Buy American Memorandum which list COMPANY requirements is attached hereto as "Exhibit D" and incorporated into this Agreement by reference. SECTION 6. MAINTENANCE. Upon completion of this project, the ROAD AUTHORITY shall maintain the sidewalk, up to the track surface panels at its expense, together with the other associated public improvements lying within the easement. The COMPANY grants the ROAD AUTHORITY permission to enter the COMPANY’S easement area in order to meet ROAD AUTHORITY’s obligation to maintain the sidewalk and other public improvements. The COMPANY shall maintain the improvements covered under Section 1.2 WORK BY THE COMPANY including rail, track surface panels and other associated track improvements. SECTION 7. INDEMNIFICATION. Each party to this Agreement shall be responsible for its own actions and neglect, and for that of its officers, employees, agents, and contractors, with respect to the design, construction, operation, and maintenance of the railroad signal and associated improvements. Each party shall also indemnify, hold harmless, and defend the other party against claims, damages, causes of action, judgments, and costs and expenses in connection with personal injury or death or property damage arising from or occurring at the railroad signals and associated improvements which result from the actions or neglect of the first party, its officers, employees, agents, or contractors, except to the extent that the claim or MISC-X (XX) damage is the result of the actions or neglect of the second party, its officers, employees, agents, or contractors. SECTION 8. This Agreement shall be binding upon the parties hereto, their successors or assigns. SECTION 9. INSURANCE. The COMPANY will maintain worker’s compensation insurance and comprehensive general liability insurance and will provide the ROAD AUTHORITY with a certificate of insurance upon request. The COMPANY’S insurance shall be primary with respect to any claims arising out of the COMPANY’S work covered by this Agreement. SECTION 10. TERM. This Agreement shall be effective upon execution by both parties and approval by the Rosemount City Council. This Agreement shall remain in effect until the parties mutually agree to terminate their respective maintenance obligations pursuant to Section 5. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate counterparts, each of which shall be considered as an original by their duly authorized officers, as of the dates below indicated. MISC-X (XX) PROGRESSIVE RAIL INCORPORATED By: __________________________ Title: __________________________ Date: __________________________ CITY OF ROSEMOUNT By: ___________________________ Title: _________________________ Date: _________________________ By: ___________________________ Title: _________________________ Date: _________________________