HomeMy WebLinkAbout#16 - UP Railroad At-Grade Crossing Agreement STAFF REPORT
DATE: November 19, 2024
CONSENT
AGENDA ITEM: Approve Union Pacific Railroad Public Highway At-Grade Crossing
Agreement for the Village Parkway UPRR Crossing Improvements.
SUBMITTED BY: Jack Griffin, City Engineer
REVIEWED BY: Nicole Miller, City Administrator
Sarah Sonsalla, City Attorney
Clarissa Hadler, Finance Director
Marty Powers, Public Works Director
Chad Isakson, Assistant City Engineer
ISSUE BEFORE COUNCIL: Should the City Council approve the Union Pacific Railroad Public
Highway At-Grade Crossing Agreement for the Village Parkway UPRR Crossing Improvements?
BACKGROUND: The City of Lake Elmo is seeking to permit, design and construct a new at-grade railroad
crossing over the Union Pacific Railroad to complete the connection for Village Parkway from 30th Street
North to CSAH 14. Village Parkway has been planned and designed as part of the Old Village planning
efforts to serve as a neighborhood collector roadway for the new development along the east side of the
Old Village and to provide vehicle and pedestrian connectivity to the Village center. Design standards were
developed and approved by the City council in January 2014 and developers were required to incorporate
segments of the roadway into varies phases of their subdivision. As part of the developer discussions the
at-grade railroad crossing itself would be completed as a City improvement project and developers agreed
to provide financial contributions to the crossing on a per REC basis. These contributions have been
addressed through the applicable development agreements.
In 2019, the City Council authorized design phase services to be completed by SEH, Inc. to initiate the
public at-grade railroad crossing improvements. The project plans and UPRR permits are substantially
completed and the City has been waiting to schedule project bids and construction until all UPRR Project
Agreements have been received and approved by the City.
PROPOSAL DETAILS/ANALYSIS: Attached to this agenda report is the Union Pacific Railroad Public
Highway At-Grade Crossing Agreement in its final form. The agreement must be approved and signed by
the City before UPRR will order materials and schedule construction crews for their portion of
improvements to be completed by the railroad crews and contractors. The Agreement has been reviewed
by the City Attorney. Major provisions of the Agreement are as follows:
1. The City must pay a one-time fee of $41,924 for easement rights for the City to construct, maintain
and repair the Roadway over and across the Crossing Area.
2. The City is responsible for all Project Costs for the roadway and trunk watermain improvements
outlined in the plans and specifications prepared by SEH, Inc.
3. The Railroad must perform all track crossing and signal arm installation work at City cost. The
City must pay all associated invoices within 30 days of receipt. Estimated Project Costs to be
performed by Railroad is $534,293, including $334,245 for the Crossing Signal work, and $200,048
for the Track Surface Improvements.
4. The City must retain Railroad approved contractors and pay all costs associated with Flaggers and
track monitoring during all construction activities.
5. The Agreement includes provisions addressing requirements for City contractors involved in any
portion the project construction, including minimum requirements for insurance, contractor’s right-
of-entry agreement, and UPRR notification and coordination.
6. The City must pay an annual perpetual maintenance fee to the Union Pacific Railroad in the amount
of $11,408 for the At-Grade Crossing Signal System.
7. The City must pay an annual perpetual maintenance fee to the Union Pacific Railroad in the amount
of $3,322 for the surface maintenance between track tie ends.
FISCAL IMPACT: The Total Estimated Project Cost is $1,418,000, including $1,065,200 for the At-
Grade Roadway Crossing and $352,800 for the Trunk Watermain Crossing. The City would also be required
to pay annual maintenance fees to the Union Pacific Railroad in the amount of $14,730. The Finance
Director will determine funding sources for the project at a later date. Street projects are paid for with levy-
funded debt or cash. Water projects are paid for with enterprise-funded debt or cash. A portion of the
improvements would be offset by “Railroad Crossing Improvement” fees collected from adjacent
developments.
RECOMMENDATION: Staff is recommending that the City Council approve, as part of the consent
agenda, the Union Pacific Railroad Public Highway At-Grade Crossing Agreement, Project No. 0787250,
for the Village Parkway UPRR Crossing Improvements. If removed from the consent agenda, the
recommended motion for this action is as follows:
“Move to approve the Union Pacific Railroad Public Highway At-Grade Crossing Agreement, Project
No. 0787250, for the Village Parkway UPRR Crossing Improvements.”
ATTACHMENTS:
1. Total Estimated Project Cost dated November 2024.
2. Union Pacific Railroad Public Highway At-Grade Crossing Agreement (Project No. 0787250)
and Exhibit A (Crossing Location Map).
3. Not Attached but available upon request.
a. Exhibit A-1 City Construction Plans, Sheets 1-20, as prepared by SEH, Inc.
b. Exhibit B. UPRR Standard Agreement Conditions and Covenants.
c. Exhibit C. UPRR Force Account Estimate for Crossing Signal (Estimate is $334,245) and
Track Surface Improvements (Estimate is $200,048).
d. Exhibit D. Contractor’s Right-of-Entry Agreement.
e. Exhibit E. Signal Design Schematic.
f. Exhibit F. Annual Signal Maintenance Cost Estimate (Estimate is $11,408).
VILLAGE PARKWAY UPRR CROSSING IMPROVEMENTS
PROJECT NO. 2019.122
CITY OF LAKE ELMO, MINNESOTA
DATE: NOVEMBER 2024
ENGINEER'S OPINION OF PROBABLE COST VILLAGE
PARKWAY
TRUNK
WATERMAIN TOTAL PROJECT
Estimated TOTAL Construction Cost $335,000 $220,000 $555,000
Contingencies at 10% $33,000 $22,500 $55,500
Easement Acquisition (UPRR Easement) $25,200 $16,800 $42,000
Engineering Services: Preliminary and Final Design $70,000 $45,000 $115,000
Engineering Services: Construction Administration: $21,000 $14,000 $35,000
Construction Observation: $15,000 $10,000 $25,000
Geotechnical Engineering: $6,000 $4,000 $10,000
Legal, Fiscal and Administration: $10,000 $7,000 $17,000
Estimated UPRR Signal Improvements $335,000 $335,000
Estimated UPRR Surface Crossing Improvements $200,000 $200,000
Estimated UPRR Track Monitoring Costs (Est. Pending) $15,000 $10,000 $25,000
UPRR Pipeline Crossing Permits and License Fees $3,500 $3,500
Total Estimated Project Cost: $1,065,200 $352,800 $1,418,000
Annual UPRR Signal Maintenance Cost (at $278.25 per Unit: 41 Units) $11,408
Annual UPRR Surface Maintenance Cost $3,322
ENGINEER'S ESTIMATECITY OF LAKE ELMOCITY PROJECT NO. 2019.122SEH PROJECT NO. LAKMO 152477ITEM NO. ITEM UNIT UNIT PRICEESTIMATED QUANTITYESTIMATED COST2021.501 MOBILIZATIONLS $50,000.00 1 $50,000.002101.505 CLEARINGACRE $10,000.00 3.0 $30,000.002101.505 GRUBBINGACRE $15,000.00 0.4 $6,000.002104.502 REMOVE CONCRETE MEDIAN NOSE EACH $500.00 2 $1,000.002104.501 SALVAGE 12"X6" REDUCER, 6" GV & BOX, & HYDRANT ASSEMBLYLS $5,000.00 1 $5,000.002104.502 SALVAGE TYPE III BARRICADE EACH $100.00 4 $400.002104.502 SALVAGE & INSTALL SIGN TYPE C EACH $250.00 4 $1,000.002104.503 SAWING BITUMINOUS PAVEMENT (FULL DEPTH)LF $5.00 48 $240.002104.503 REMOVE CURB & GUTTERLF $10.00 270 $2,700.002104.503 REMOVE FENCE LF $10.00 50 $500.002104.504 REMOVE BITUMINOUS PAVEMENT SY$6.00 342 $2,052.002104.518 REMOVE CONCRETE WALKSF $4.00 640 $2,560.002105.607 COMMON EXCAVATION (EV)CY$30.00 533 $15,990.002105.609 SELECT GRANULAR BORROW - MOD 5% TON $25.00 4000 $100,000.002123.610 STREET SWEEPER (WITH PICKUP BROOM)HOUR $160.00 15 $2,400.002211.509AGGREGATE BASE CLASS 6TON $40.00 682 $27,280.002357.506 BITUMINOUS MATERIAL FOR TACK COAT GAL $5.00 60 $300.002360.509 TYPE SP 9.5 WEARING COURSE MIX (2,B)TON $180.00 35 $6,300.002360.509 TYPE SP 9.5 WEARING COURSE MIX (3,C)TON $120.00 100 $12,000.002360.509 TYPE SP 12.5 WEARING COURSE MIX (3,C)TON $120.00 100 $12,000.002504.601 INSTALL 12"X6" REDUCER, 6" GV & BOX, & HYDRANT ASSEMBLYLS $8,000.00 1 $8,000.002504.602 CONNECT TO EXISTING WATER MAIN EACH $2,500.00 1 $2,500.002504.602 12" GATE VALVE & BOXEACH $7,500.00 1 $7,500.002504.603 12" WATER-MAIN DUCTILE IRON CL 52 LF $120.00 25 $3,000.002504.603 36" STEEL CASING PIPE (JACKED) (INCLUDES 12" DIP WM, CL 52)LF $1,200.00 120 $144,000.002504.608 DUCTILE IRON FITTINGSLB $12.00 593 $7,116.002521.518 5" CONCRETE WALKSF $8.00 1655 $13,240.002521.518 6" CONCRETE WALKSF $12.00 353 $4,236.002531.503 CONCRETE CURB & GUTTER DESIGN B618 (TIP-OUT)LF $25.00 365 $9,125.002531.503 CONCRETE CURB & GUTTER DESIGN B624 LF $30.00 390 $11,700.002531.504 6" CONCRETE DRIVEWAY PAVEMENT SY$80.00 35 $2,800.002531.602 CONCRETE MEDIAN NOSE-SPECIAL EACH $1,000.00 3 $3,000.002531.618 TRUNCATED DOMESSF $100.00 56 $5,600.002563.601 TRAFFIC CONTROLLS $7,500.00 1 $7,500.002563.602 INSTALL TYPE III BARRICADEEACH $1,000.00 4 $4,000.002563.602 TEMPORARY TYPE III BARRICADE (TO BECOME PROPERTY OF CITY)EACH $1,000.00 6 $6,000.002564.502 OFF ROAD STRUCTURE MARKER EACH $500.00 1.00 $500.002564.518 SIGN PANEL TYPE CSF $70.00 52.22 $3,655.402573.502 STORM DRAIN INLET PROTECTION EACH $500.00 2 $1,000.002573.503 SILT FENCE, TYPE MSLF $4.00 1063 $4,252.002573.503 SEDIMENT CONTROL LOG TYPE WOOD FIBER LF $4.00 600 $2,400.002574.507 COMMON TOPSOIL BORROW (PULVERIZED) (LV)CY$40.00 200 $8,000.002575.504 ROLLED EROSION PREVENTION CATEGORY 25 SY$4.00 1950 $7,800.002575.505 SEEDING (INCLUDES SEED, HYDRAULIC SOIL STABALIZER & FERTILIZER, TYPE 4)ACRE $2,000.00 2.5 $5,000.002582.503 12" SOLID LINE MULTI COMPLF $12.00 16 $192.002582.503 24" SOLID LINE MULTI COMPLF $15.00 68 $1,020.002582.518 PAVT MSSG PREF THERMO GR IN SF $20.00 76 $1,520.002582.518 CROSSWALK PREF THERMO GR IN SF $15.00 168 $2,520.00SUBTOTAL ESTIMATED CONSTRUCTION COST = $554,898.4010% CONTINGENCY = $55,500.00TOTAL ESTIMATED CONSTRUCTION COST = $610,398.40VILLAGE PARKWAY UPRR CROSSING IMPROVEMENTS6/17/2024 12:10 PM 1 of 1 C:\Users\Jack\Desktop\UPRR\Village Parkway Engineer's Estimate to City_06‐07‐2024.xlsx
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Public Highway At-Grade Crossing Agreement
DOT DOT# 980280H, Project 0787250
UP Real Estate Project No: 0787250
PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT
Village Parkway North
DOT# 980280H
MP 12.28 – Altoona Subdivision
Lake Elmo, Washington County, State of Minnesota
THIS AGREEMENT ("Agreement") is made and entered into as of
______________ ("Effective Date"), by and between UNION PACIFIC RAILROAD
COMPANY, a Delaware corporation, to be addressed at Real Estate Department, 1400
Douglas Street, Mail Stop 1690, Omaha, Nebraska 68179 (”Railroad") and LAKE ELMO,
a municipal corporation or political subdivision of the State of Minnesota to be addressed
at 3880 Laverne Ave N, Lake Elmo, Minnesota, 55042 ("Political Body").
RECITALS:
The Political Body desires to undertake as its project (the “Project”) the
construction of a new at grade public road crossing over Village Parkway North at
Railroad’s MP 12.28 on Railroad’s Altoona Subdivision at or near Lake Elmo, Washington
County, State of Minnesota (the “Crossing Area”). The Crossing Area is shown on the
print marked Exhibit A and described in the legal description marked Exhibit A-1 with
each exhibit being attached hereto and hereby made a part hereof. The portion of the
roadway located within the Crossing Area is the "Roadway".
The Railroad and the Political Body are entering into this Agreement to cover the
above.
AGREEMENT:
NOW, THEREFORE, it is mutually agreed by and between the parties hereto as
follows:
Section 1. EXHIBIT B
The general terms and conditions marked Exhibit B, are attached hereto and
hereby made a part hereof.
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Public Highway At-Grade Crossing Agreement
DOT DOT# 980280H, Project 0787250
Section 2. RAILROAD GRANTS RIGHT
For and in consideration FORTY ONE THOUSAND NINE HUNDRED TWENTY
FOUR DOLLARS ($41,924.00) to be paid by the Political Body to the Railroad upon
the execution and delivery of this Agreement and in further consideration of
the Political Body’s agreement to perform and comply with the terms of this
Agreement, the Railroad hereby grants to the Political Body the right to construct,
maintain and repair the Roadway over and across the Crossing Area.
Section 3. DEFINITION OF CONTRACTOR
For purposes of this Agreement the term “Contractor” shall mean the contractor
or contractors hired by the Political Body to perform any Project work on any portion of
the Railroad’s property and shall also include the Contractor’s subcontractors
and the Contractor’s and subcontractor’s respective employees, officers and agents,
and others acting under its or their authority.
Section 4. CONTRACTOR'S RIGHT OF ENTRY AGREEMENT - INSURANCE
A.Prior to Contractor performing any work within the Crossing Area and any
subsequent maintenance and repair work, the Political Body shall require the Contractor
to:
•execute the Railroad's then current Contractor's Right of Entry Agreement
•obtain the then current insurance required in the Contractor’s Right of
Entry Agreement; and
•provide such insurance policies, certificates, binders and/or endorsements
to the Railroad.
B.The Railroad's current Contractor's Right of Entry Agreement is marked
Exhibit D, attached hereto and hereby made a part hereof. The Political Body confirms
that it will inform its Contractor that it is required to execute such form of agreement and
obtain the required insurance before commencing any work on any Railroad property.
Under no circumstances will the Contractor be allowed on the Railroad's property without
first executing the Railroad's Contractor's Right of Entry Agreement and obtaining the
insurance set forth therein and also providing to the Railroad the insurance policies,
binders, certificates and/or endorsements described therein.
C.All insurance correspondence, binders, policies, certificates and/or
endorsements shall be sent to:
Manager - Contracts
Union Pacific Railroad Company
Real Estate Department
1400 Douglas Street, Mail Stop 1690
Omaha, NE 68179-1690
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Public Highway At-Grade Crossing Agreement
DOT DOT# 980280H, Project 0787250
UP File Folder No. 0787250
D. If the Political Body's own employees will be performing any of the Project
work, the Political Body may self-insure all or a portion of the insurance coverage subject
to the Railroad's prior review and approval.
Section 5. FEDERAL AID POLICY GUIDE
If the Political Body will be receiving any federal funding for the Project, the current
rules, regulations and provisions of the Federal Aid Policy Guide as contained in 23 CFR
140, Subpart I and 23 CFR 646, Subparts A and B are incorporated into this Agreement
by reference.
Section 6. NO PROJECT EXPENSES TO BE BORNE BY RAILROAD
The Political Body agrees that no Project costs and expenses are to be borne by
the Railroad. In addition, the Railroad is not required to contribute any funding for the
Project.
Section 7. WORK TO BE PERFORMED BY RAILROAD; BILLING SENT
TO POLITICAL BODY; POLITICAL BODY'S PAYMENT OF BILLS
A. The work to be performed by the Railroad, at the Political Body's sole cost
and expense, is described in the Railroad's Material and Force Account Estimate for
Surface dated October 13, 2023, and Railroad’s Material and Force Account Estimate for
Signal dated March 20, 2024 marked Exhibit C, attached hereto and hereby made a part
hereof (the "Estimate"). As set forth in the Estimate, the Railroad's estimated cost for the
Railroad's work associated with the Project is Five Hundred Thirty Four Thousand Two
Hundred and Ninety-Eight Dollars ($534,293.00).
B. The Railroad, if it so elects, may recalculate and update the Estimate
submitted to the Political Body in the event the Political Body does not commence
construction on the portion of the Project located on the Railroad’s property within six (6)
months from the date of the Estimate.
C. The Political Body acknowledges that the Estimate does not include any
estimate of flagging or other protective service costs that are to be paid by the Political
Body or the Contractor in connection with flagging or other protective services provided
by the Railroad in connection with the Project. All of such costs incurred by the Railroad
are to be paid by the Political Body or the Contractor as determined by the Railroad and
the Political Body. If it is determined that the Railroad will be billing the Contractor directly
for such costs, the Political Body agrees that it will pay the Railroad for any flagging costs
that have not been paid by any Contractor within thirty (30) days of the Contractor's
receipt of billing.
D. The Railroad shall send progressive billing to the Political Body during the
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Public Highway At-Grade Crossing Agreement
DOT DOT# 980280H, Project 0787250
Project and final billing to the Political Body within three hundred sixty-five (365) days
after receiving written notice from the Political Body that all Project work affecting the
Railroad's property has been completed and the Project Manager has closed the Project
work order and notified the Political Body.
E. The Political Body agrees to reimburse the Railroad within thirty (30) days
of its receipt of billing from the Railroad for one hundred percent (100%) of all actual costs
incurred by the Railroad in connection with the Project including, but not limited to, all
actual costs of engineering review (including preliminary engineering review costs
incurred by Railroad prior to the Effective Date of this Agreement), construction,
inspection, flagging (unless flagging costs are to be billed directly to the Contractor),
procurement of materials, equipment rental, manpower and deliveries to the job site and
all direct and indirect overhead labor/construction costs including Railroad's standard
additive rates.
Section 8. PLANS
A. The Political Body, at its expense, shall prepare, or cause to be prepared
by others, the detailed plans and specifications for the Project and the Structure and
submit such plans and specifications to the Railroad’s Assistant Vice President
Engineering-Design, or his authorized representative, for prior review and approval. The
plans and specifications shall include all Roadway layout specifications, cross sections
and elevations, associated drainage, and other appurtenances.
B. The final one hundred percent (100%) completed plans that are approved
in writing by the Railroad’s Assistant Vice President Engineering-Design, or his authorized
representative, are hereinafter referred to as the “Plans”. The Plans are hereby made a
part of this Agreement by reference.
C. No changes in the Plans shall be made unless the Railroad has consented
to such changes in writing.
D. The Railroad's review and approval of the Plans will in no way relieve the
Political Body or the Contractor from their responsibilities, obligations and/or liabilities
under this Agreement, and will be given with the understanding that the Railroad makes
no representations or warranty as to the validity, accuracy, legal compliance or
completeness of the Plans and that any reliance by the Political Body or Contractor on
the Plans is at the risk of the Political Body and Contractor.
Section 9. NON-RAILROAD IMPROVEMENTS
A. Submittal of plans and specifications for protecting, encasing, reinforcing,
relocation, replacing, removing and abandoning in place all non-railroad owned facilities
(the "Non Railroad Facilities") affected by the Project including, without limitation, utilities,
fiber optics, pipelines, wirelines, communication lines and fences is required under
Section 8. The Non Railroad Facilities plans and specifications shall comply with
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Public Highway At-Grade Crossing Agreement
DOT DOT# 980280H, Project 0787250
Railroad's standard specifications and requirements, including, without limitation,
American Railway Engineering and Maintenance-of-Way Association ("AREMA")
standards and guidelines. Railroad has no obligation to supply additional land for any
Non Railroad Facilities and does not waive its right to assert preemption defenses,
challenge the right-to-take, or pursue compensation in any condemnation action,
regardless if the submitted Non Railroad Facilities plans and specifications comply with
Railroad's standard specifications and requirements. Railroad has no obligation to permit
any Non Railroad Facilities to be abandoned in place or relocated on Railroad's property.
B. Upon Railroad's approval of submitted Non Railroad Facilities plans and
specifications, Railroad will attempt to incorporate them into new agreements or
supplements of existing agreements with Non Railroad Facilities owners or operators.
Railroad may use its standard terms and conditions, including, without limitation, its
standard license fee and administrative charges when requiring supplements or new
agreements for Non Railroad Facilities. Non Railroad Facilities work shall not commence
before a supplement or new agreement has been fully executed by Railroad and the Non
Railroad Facilities owner or operator, or before Railroad and Political Body mutually agree
in writing to (i) deem the approved Non Railroad Facilities plans and specifications to be
Plans pursuant to Section 8B, (ii) deem the Non Railroad Facilities part of the Structure,
and (iii) supplement this Agreement with terms and conditions covering the Non Railroad
Facilities.
Section 10. EFFECTIVE DATE; TERM; TERMINATION
A. This Agreement is effective as of the Effective Date first herein written and
shall continue in full force and effect for as long as the Roadway remains on the Railroad’s
property.
B. The Railroad, if it so elects, may terminate this Agreement effective upon
delivery of written notice to the Political Body in the event the Political Body does not
commence construction on the portion of the Project located on the Railroad’s property
within twelve (12) months from the Effective Date.
C. If the Agreement is terminated as provided above, or for any other reason,
the Political Body shall pay to the Railroad all actual costs incurred by the Railroad in
connection with the Project up to the date of termination, including, without limitation, all
actual costs incurred by the Railroad in connection with reviewing any preliminary or final
Project Plans.
Section 11. CONDITIONS TO BE MET BEFORE
POLITICAL BODY CAN COMMENCE WORK
Neither the Political Body nor the Contractor may commence any work within the
Crossing Area or on any other Railroad property until:
(i) The Railroad and Political Body have executed this Agreement.
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Public Highway At-Grade Crossing Agreement
DOT DOT# 980280H, Project 0787250
(ii) The Railroad has provided to the Political Body the Railroad’s written
approval of the Plans.
(iii) Each Contractor has executed Railroad’s Contractor’s Right of Entry
Agreement and has obtained and/or provided to the Railroad the insurance
policies, certificates, binders, and/or endorsements required under the
Contractor’s Right of Entry Agreement.
(iv) Each Contractor has given the advance notice(s) required under the
Contractor's Right of Entry Agreement to the Railroad Representative
named in the Contactor's Right of Entry Agreement.
Section 12. FUTURE PROJECTS
Future projects involving substantial maintenance, repair, reconstruction, renewal
and/or demolition of the Roadway shall not commence until Railroad and Political Body
agree on the plans for such future projects, cost allocations, right of entry terms and
conditions and temporary construction rights, terms and conditions.
Section 13. ASSIGNMENT; SUCCESSORS AND ASSIGNS
A. Political Body shall not assign this Agreement without the prior written
consent of Railroad.
B. Subject to the provisions of Paragraph A above, this Agreement shall inure
to the benefit of and be binding upon the successors and assigns of Railroad and Political
Body.
Section 14. SPECIAL PROVISIONS PERTAINING TO AMERICAN
RECOVERY AND REINVESTMENT ACT OF 2009
If the Political Body will be receiving American Recovery and Reinvestment Act
("ARRA") funding for the Project, the Political Body agrees that it is responsible in
performing and completing all ARRA reporting documents for the Project. The Political
Body confirms and acknowledges that Section 1512 of the ARRA provisions applies only
to a "recipient" receiving ARRA funding directing from the federal government and,
therefore, (i) the ARRA reporting requirements are the responsibility of the Political Body
and not of the Railroad, and (ii) the Political Body shall not delegate any ARRA reporting
responsibilities to the Railroad. The Political Body also confirms and acknowledges that
(i) the Railroad shall provide to the Political Body the Railroad's standard and customary
billing for expenses incurred by the Railroad for the Project including the Railroad's
standard and customary documentation to support such billing, and (ii) such standard and
customary billing and documentation from the Railroad provides the information needed
by the Political Body to perform and complete the ARRA reporting documents. The
Railroad confirms that the Political Body and the Federal Highway Administration shall
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Public Highway At-Grade Crossing Agreement
DOT DOT# 980280H, Project 0787250
have the right to audit the Railroad's billing and documentation for the Project as provided
in Section 11 of Exhibit B of this Agreement.
Section 15. ANNUAL SIGNAL MAINTENANCE FEE
A. Effective as of three years from effective date of this Agreement or the date
of installation and/or the in-service date of the new and/or improved or existing Grade
Crossing Signal System(s) ("Signal System”), the Political Body, in addition to maintaining
at its sole cost and expense the portion of the Roadway described in Section 2 of Exhibit
B, agrees to pay to Railroad the sum of Eleven Thousand Four Hundred Eight Dollars
($11,408.00) per annum, payable annually in advance, as payment for Railroad's
maintenance of the Signal System that is installed at the Roadway. The annual signal
maintenance fee is calculated as shown on the attached Exhibit F, attached hereto and
made a part hereof.
B. The above annual signal maintenance fee for Railroad's maintenance of the
Signal System is based on the number of current signal units installed at the Roadway. If
the Signal System is improved and/or altered in any way, the Political Body must notify
the Railroad in writing and the annual signal maintenance fee will be increased at a rate
based on the American Railway Engineering and Maintenance of Way Association
(AREMA) signal unit cost index. If the Political Body fails to notify Railroad of any
improvement or alteration to the Signal System, the Railroad may increase the annual
signal maintenance fee at a rate based on the AREMA signal unit cost index any time
after the date of installation and/or improvement of the Signal System. The signal unit
base for the annual signal maintenance fee may also be re-determined by the Railroad
at any time subsequent to the expiration of five (5) years following the date on which the
annual signal maintenance fee was last determined or established. Any such changes in
the annual signal maintenance fee referenced in Article 2 may be made by means of
automatic adjustment in billing.
Section 16. ANNUAL SURFACE MAINTENANCE
A. The Railroad shall maintain the crossing surface between the track tie ends
at Political Body’s expense. Effective as of three years from effective date of this
Agreement, Political Body agrees to pay to Railroad the sum of Three Thousand Three
Hundred and Twenty Two Dollars ($3,322.00) per annum, payable annually in advance,
as payment for Railroad's maintenance of the surface between track tie ends located
within the Crossing Area. See Exhibit C. The Political Body, at its expense, shall maintain
and repair all portions of the Roadway approaches that are not within the area between
lines two (2) feet outside of the rails of each track. See lower right hand corner of Exhibit
C.
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Public Highway At-Grade Crossing Agreement
DOT DOT# 980280H, Project 0787250
B. The above annual surface maintenance fee may also be re-determined by
the Railroad at any time subsequent to the expiration of five (5) years following the date
on which the annual surface maintenance fee was last determined or established. Any
such changes in the annual surface maintenance fee may be made by means of
automatic adjustment in billing.
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Public Highway At-Grade Crossing Agreement
DOT DOT# 980280H, Project 0787250
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly
executed as of the Effective Date first herein written.
UNION PACIFIC RAILROAD COMPANY
(Federal Tax ID #94-6001323)
By: _________________________________
Printed Name: ________________________
Title: ________________________________
LAKE ELMO
By: ________________________________
Printed Name: ________________________
Title: ________________________________
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EXHIBIT A
Public Highway At-Grade Crossing Agreement
DOT DOT# 980280H, Project 0787250
EXHIBIT A
TO
PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT
Exhibit A will be a print showing the Crossing Area (see Recitals)