Loading...
HomeMy WebLinkAboutRES 81-033 RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE AGREEMENT WITH THE BURLINGTON NORTHERN RAILROAD, INC. ON BEHLAF OF THE CITY OF ST. ANTHONY Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII 102668 Box: 23 Folder: RES 1981 Document: RES 81-033 RESOLUTION AUTHORIZING THE MAYOR AND CIN MANAGER TO EXECUTE THE AGREEMENT WITH THE BURLINGTON NORTHERN RAILROAD, INC. ON BEHLAF OF THE CITY OF ST. ANTHONY r RESOLUTION 81-033 A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE AGREEMENT WITH THE BURLINGTON NORTHERN RAILROAD, INC. ON BEHALF OF THE CITY OF ST. ANTHONY WHEREAS., the City Council of the - City of St. Anthony desires to construct a replacement bridge -over the Burlington Northern Railroad tracks on St. Anthony Boulevard. WHEREAS, the .Burlington Northern Railroad agrees to pay a portion of the cost of said bridge. WHEREAS , upon written acknowledgement by the ,Burlington Northern Railroad that the agreement shall be effective contingent upon the City obtaining its requested State and Federal funding for the project. NOW, THEREFORE, BE IT RESOLVED, that the Mayor and City Manager are authorized to execute the agreement with the Burlington Northern Railroad, Inc. on behalf of the City of St. Anthony. Adopted this day of 144 r, 1 , 1981. M or ATTEST: City Clerk r_ . Reviewed for administration: O-CL � C Manager ac - v.- w'Cpc`+:;'3'^ :rfct{:.u,yvra.. ,.• ,.. ...._. ...... ,._ .... ...... .+........ _ __ "<F�•..:.J'R aN}4'.r}q•ryl� f..�;.t ST ANTHONY, 214INNESOTA f. CO14STRUCTION AND MAINTENANCE AGREL1:4ENT BRIDGE NO. 1 .8 - ST. ANTHONY BOULEVARD m.p . 1.81 L.S. 218 AGREEMENT, made this day of , 19 , between tine ' CITY OF ST. ANTHONY, a Mi2nic.ipal Corporation of the State - of Minnesota, hereinafter called the "CITY" and BURLINGTON NORTHERN INC. , a Delaware Corporation, aereinafter called' the . "RAILWAY" ; WITNESSETH: WHEREAS, the Railway' is successor in interest by merger to the Northern Pacific Railway Company; and WHEREAS., tlie existing roadway bridge .was constructed under an agreement dated February 8, 1924 , between the Northern Pacific Railway ' Company and the Board of Park Commissioners of 'the City of Minneapolis; and- WHEREAS, - under nd-WHEREAS, under an agreement dated December 17 , 19.65 the City of Minneapolis through it' s Board of Park Commissioners conveyed to the Village of St. Anthony all right, title and interest' 'in and to that portion of St. Anthony Boulevard lying within the St. Anthony Village- limits; and WHEREAS, the City, in the interest of . public .safety and aiding motor vehicle traffic, proposes to remove and reconstruct the existing roadway bridge .over the Railway' s tracks and right of way of it' s Minnesota 8th Subdivision at Railway Milepost 1.81, at St. Anthon'y, . Minnesota, . .located in the NE 1/4 of Sec. 7, in Twp. 29N. , R. 23 W.. ; and WHEREAS, in connection with said roadway relocation, the City is desirous of acquiring a permanent easement for encroachments on Railway' s 1 right of way, all as particularly shown on -Exhibit "A" ; and WHEREAS, the - parties desire the said project" to be constructed in accordance with plans and ,specifications to be. pre 'ared by- the City and. .WHEREAS, the City is willing t'a 'undertake the const ruction1.of said -project with available funds. and. Railway- is willing -to -consent to the execution of City' s project upon the terms andconditions "her' e'in-- stated and not otherwise; NOW, THEREFORE, in consideration of the premises and the mutual dependent promises hereinafter contained, the parties. agree as follows: --------._.�..----- - -—— - -------_—_—_._._-____.....�.......�._.__--__..__._...�.._.�._._...._..�.,,.�..�,.:r...:. ,�,•,.....,-tea..,.., I The Railway izereby grants to the City a permanent easement for roadway purposes including the construction and maintenance of a road%lay bridge upon and across that portion of its right of way as shown outlined green on said Exhibit "A" . II The Railway will make a cash contribution to the City equal to L5u of the total bridge project dost estimated at $600 , 000 , 00 . Said cash contribution shall .lot exceed $150 , 000 . 00 and will be paid by the Railway to tiro City upon completion of the project.. final and complete audit for all applicable costs incurred by the City shall be made by the City at the earliest practical date following completion of the project. In the . event the total cost incurred by the City is less than ,600 , ouu . uu the Railway ' s cash contribution shall be adjusted accordingly and tele City in turn will promptly refund the difference to the Railway . Said cash contribution plus the conveyance of easements iprovided for Isewhere herein shall , without more, constitute the Railway ' s total con- tribution toward the cost of the project, and will be in lieu of any future maintenance of the bridge . City shall submit to Railway prior to the commencement of any work hereunder plans and specifications of the �%,ork to be done on Raii ay' s right of way. No work pursuant to said plans and specifications wiil be commenced -on Railway ' s right of way before notice to proceed is given by Railway' s Director-Engineering to City . Nothing provided in this agreement with respect to said plans and specifications shall be construed or deemed to be a ratir_ication or an adoption by Railway of said plans and specifications as its o%.rn . IV The horizontal and vertical clearances under said highway hr. idg e shall be as shown on said plans . Durinq construction of the high- �,,,ay bridge , if clearance of the falseworx is less than eight and one-half. (u':) feet horizontally and twenty-two and one-half (122) feet vertically, the contractor shall first obtain permission from the Railway for said restrictive clearances . 1 . • V • THE CITY and RAILWAY shall perform the various items of work. as- follows: A. WORK TO BE PERFOR14ED AND MATERIALS TO BE FURNISHED BY. THE CITY OR ITS CONTRACTOR AT CITY' S EXPENSE: 1. Except as otherwise herein provided, furnish . all- plans, engineering, labor, material-, supplies and equipment necessary for construction*-of the prbject.- 2. ' Remove -existing roadway bridge. , 3. Provide adequate drainage of highway bridge away from railway tracks and protect track drainage to the satisfaction of the Railway. 4 ., Perform all work not specifically mentioned as work to be performed by the Railway necessary to complete • the project in accordance with plans and specifications. B: WORK TO BE PERFORMED AND MATERIALS' TO BE FURNISHED' BY RAILWAY AT THE CITY' S EXPENSE: 1. Provide flagging as deemed necessary account operations- of the City or` its contractor. VI If Railway enters into a contractor -agreement with a contractor to perform any of the work, which Railway is required to' perform''under the terms of this agreement by reason of the construction of the City' s project, Railway, for itself, its assigns and successors in. interest, agrees that' . it will not discriminate in the -choice of contractors and will include all the nondiscrimination provisions set forth in Exhibit "B", attached hereto and by this reference made a part hereof, in any such contract or agreement. VII All work provided to be done by City or its contractor on Railway' s right of way or in the. vicinity of Railway' s tracks shall be done- in a manner satisfactory to Railway and shall be performed at such times and in such manner as not to interfere unnecessarily with the movement of , - trains or traffic upon the tracks of Railway, City will- require its con- tractor to use all care and precaution necessary to avoid accident or damage to, or interference with, Railway' s tracks- or trains and to notify Railway a sufficient time, in advance wherever the contractor is about to perform work on or adjacent to Railway' s right of way and tracks to enable Railway to furnish flagging and such other protective services - and 3 . and devices as in Railway' s, judgment may be necessary to insure safety • of. Railway operation. Wherever safeguarding of trains or traffic of Railway is mentioned in this agreement, it is intended to cover and include all users of Railway' s tracks having permission for such use. Railway shall' give. oral notice to City in advance of the employment of flagmen and the use of protective services and devices, and the need therefore; and said City-will-then issue a written order for the- flagmen- , and protective services and devices required by Railway. City will reimburse- Railway directly for- all costs incurred for' flagging and other protective services and devices furnished in accord- ance with said orders. Bills for said costs for flagging and other pro- tective services and devices ascertained in accordance with the provisions of FHPM 6-6-2-1 and FHPM 1-4-3 and other pertinent instructions issued by the Federal .Highway Administration, Department of Transportation will be submitted by Railway currently during progress of the work contemplated by this agreement and City shall pay such bills. Railway will submit com- plete billing for flagging and other protective services and devices within one 'nundred twenty (120) days after completion of the project, provided City -advises Railway of the commencementof the one hundred twenty (120) day 1ieriod by notifying Railway of completion of the project. Attached hereto, marked- Exhibit "C" , and by this reference made a part hereof, is a statement of conditions when flagmen and other protect- ive services and devices will'-be furnished by. Railway. VIII All contracts between the City and -its contractor,. for either -the.. construction herein provided for or maintenance work on the highway Y• within- crossing areas described herein or--shown on the exhibits . attached hereto, shall require the contractor to protect and hold harmless the Railway and any- other -railroad company- occupying-- or -using the Railway's line or railroad against all loss, liability and damage arising from activities of the contractor, its forces- or. any of its subcontractors or agents; and shall further provide that the contractor shall: - 4l . 1. Furnish to the Railway Company a Railroad Protective Policy in the form provided by FIiP11 6-6-2-2 . The com- bined single limit of said policy shall not be less than Two Million Dollars . ( $2, 000, 000). for all damages arising out of bodily injuries to. or death of any per- son or persons and for all damages arising out of the loss or destruction of or injury or damage to property in any one occurrence, and, subject to that limit a total (or aggregate) limit of not less than Six Million Dollars ($6 , 000, 00-0) , for all damages arising out of bodily injuries to or death of any person or persons and for all damages arising out of the loss or destruct- ion. of or .injury or„damage 'to, property . during the policy period. Said insurance policy executed by a corporation qualified to write the same in the State in..which the work is to be performed shall be in the form and substance satisfactory to the Railway Company stlall be delivered to and approved by the Railway Company prior to the entry upon. or use of its property by the Contractor. "2 . Carry regular Contractor' s Public Liability and Property Damage Insurance as specified in FHPM 6-6-2-2 providing for a limit of not less than Five Hundred Thousand Dollars ($500, 000) for - all damages arising out of bodily injuries- to njuriesto or death of. one person, and subject to that limit for each' person,' a total limit of not less than One Million Dollars ($1, 000, 000) for all damages arising out of bodily injuries to or death of two or more persons in any one accident; and providing for a limit of not less than- Five Hundred Thousand Dollars ($500, 000) for all damages to or destruction of property in any one accident and subject to that limit a total (or aggregate) limit of not less than One Million Dollars ($1, 000, 000) for. all damages to or des- truction of property during the policy period. A Certified copy of the policy providing said Contractor' .Public Lia- •bility and Property damage Ins surance; executed by a Corpor- ation qualified to write the 'same in the State in which the . . work is to be performed, in form and substance satisfactory to the Railway, shall be delivered to and approved by the , Railway prior to the entry upon or use of -the Railway' s pro- perty by the contractor. If the City, its con-tractor, subcontractors or agents, in the performance of the-- work- .herein provided '-for or, by the failure to do- or ' perform anything - for which it is responsible under the provisions hereof, shall damage or destroy any property of the Railway, such damage or des- truction shall be corrected. by, the City in the event its contractor or the ►� insurance carriers fail to repair or restore the same. IX The City agrees that in removing.. s.now from .said highway .it. shall perform said work in such a manner so as 'not to -deposit the snow on the roadbed and tracks of the Railway. X Upon completion of the items of work herein stated the City shall require its contractor to leave the Railway right of way in a neat condition satisfactory to the Railway. 5. XI Upon completion of the project, neither party shall do or permit anything .to be done to reduce the horizontal or. vertical clear- . ances provided by plans; provided, however, that the Railway reserves the right to make. such ballast raises to its existing and future tracks, as, in its opinion., may be justified, and further reserves the right to makechanges or additions to its .facilitities within the limit of the grade separation structure.. In the event any changes in or additions. to the tracks or other facilities_ of the Railway or the City are made in the future, the usefulness of said highway- bridge for the purpose, of said grade separation shall not be impaired. XII The City shall own and maintain, repair and renew, at its own expense, -the said overhead highway bridge,- includingall the appurtenance.s- thereto and thereof . The City agrees that, prior to commencement. -of any. such work of maintenance , repair or renewal of said overhead highway bridge, it will furnish the Railway details of the proposed work and description of the manner in which the work is to be performed. The City agrees that it will reimburse the Ra-ilway for all costs and expenses of any nature whatsoever -incurred by it in connection with the City' s maintenance, repair or renewal project. XIII In the event said grade separation structure shall cease to be used for highway purposes, the City shall forthwith notify the Railway of such abandonment, and upon such abandonment shall promptly, at its own expense, remove said grade separation structure and approaches thereto located upon the property of the Railway, except and unless it is mutually agreed, within thirty (30) days following City' s- notification. of abandonment, that portions or all of said grade separation structure And approaches are to be left in place . Said removal and cleaning- up= -- - of the Railway' s property shall be done .to the satisfaction of the Railway. The City -agrees that in the event it fails to remove said grade separation ` structure and approaches as aforesaid, the Railway may remove same to the . _- extent .,it deems. desirable and. clean.. up said property,. and the City, agrees . ,- to reimburse the Railway forall expenses incurred upon presentation of bills therefore . 6. XIV This agreement cancels and supersedes , that certain agreement dated February 8, 1924 ., XV This agreement shall inure to the benefit of and be binding upon the parties hereto, their successors and assigns. IN WITNESS WHEREOF, the parties have caused this agreement to be executed the day. and year first hereinabove written.. Witness BURLIN N NORTH: NC. By Title Vice Pres.,Me.&Engr. • CITY OF ST. ANTHONY- Wi ness ByjG �%��/ loe Title Mayor By :=�.�=_� Title Vity Manager 7. W:'F4 { F cQ ' v `h/ v �! y ; y Proposed PerMdnen1 fasefnenf w '400 �.. a WS \ a' se N ti! 1A Cr ty to Remove Exl sung Bridg e I ConsfrucC: C4 f V) ad New Poc7dwc7z Bred e (St A171hon B/vd. ) Ln C:31 co Coy- 00 o ti r B./V INC. V lk'� Q�;�1 MINNESOTA Dl V!JIDN EAST M19M.-ST/LL VVV"ATER �v I ST. ANTHON Y, MINN. Grant permanenf easement fo Cify of SI Anthony /n connection wifh Me reconstruchon ohBrid.9e Ng /.a) �3 ; DI REC TOR -NGQG. Ml S 44N FEB /8 1981 :-;_a..aw..+::.tx,.::.a-r.•+.::::.,.=.s:r.:,wrv•.-eF+.«-,� :�ucyw.avr.:e.ce'.... - ,. ,_ � moi._-s.ar _ •..... a..c�.s..._r.+. s» �. , APPENDIX A Non-Discrimination Provisions of Title VI of the Civil Rights Act of 1964. .. g During the performance of this contract-, the contractor, for itself, its .assignees, and successors in interest (hereinafter reftrred to as the "contractor"), agrees --as follows : (1) Compliance with 1tegulations: The Contractor will comply with the Regulations of the Depnrtment of 'transportation relative to nondiscrimination in federally assisted programs of t'hc. Department of Transportation (Title 49, Code of . Federal Regulation, Part 21, hereinafter referred to as the Regulations), - which are herein incorporated by reference and made- apart of this contract. (2) Nondiscrimination: The contractor, with regard to the work performed by it after award and prioi to completion of the contract work, will not discriminate, on the 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'Regula- tions, including employment practices when the contract covers a program set forth in Appendix 1t Alt, u$n and "C".. (3) Solicitations for Subcontracta, 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 obligations under this contract and the Regulations relative to nondiscrimination on the ground of race, color or national origin. (4) Information and Renorts: 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..Stat'e Highwav D.enartme.nr. or the Federal Highway. Administration, to h.n -ert- .. inent 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 to the State Highway Department, or the Federal Highway Administration a.s appropr.iate, .and shal,l . set. forth what efforts it has made to obtain the information'. (5) Sanctions for Noncompliance: In the event of the contraetorls '.noncompliance with the nondiscrimination provisions of this contract, the State Highway Department shnll impose such contract sanctions as it or 'the Federal Highway Administration mny determine to be appropriate, including but. not limited to,'. (a) withholding of payments to the cont-ractor 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 Pre-€sicns: The contractor will include- the provisions of paragraph 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 subcontractor procurement as- the State-Highway- Department 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 i,e!comes involved in, or. is threatened with, litigation - with a subcontractor or supplier as a result of such direction, the contractor 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 Stater.. •7t1�XIWi'�urtsr..wWi'ir v.,.aas.n..rmy.^.,.-s�... ......,.r,. ... _ .., � .. .. _ , ,. .,- - - ,..... _ ,••z x n..axg-xuy.?mw.. ,+ca;mn:'_:rayw:a,;nA :.rrn:: Y. STATE'�IENT OF CONDITIO:;S WHENFLAGI.-EN, PROTECTIVE ,SEP.VICES AND DEVICES WILL EE FURNISHED BY THE RAIL1'iiiY Railway flagrien protective services and devices will be furnished but -not, limited thereto for the. following conditions : (1) When in the .opinion of the. Rai.lway protection .is necessary to safe guard the Railway ' s .trains , .engines, facilities and :property._ . (2) When any work is performed . over , under; or in close proximity to tracks or any Railway facilities . (3) When work in any way interferes with the operation of trains at usual speeds or threatens , damages , or endangers track or Railway facilities . (4) . then' any hazard is presented to Railway communications , signal , elec- trical , or other facilities either due to persons , material , equipment or blasting in the vicinity. • (5) Where or when material 'is being hauled across tracks . Special clear- ance must be obtained from the Railway before moving heavy or cumber- some objects and ea_uipment which might result in making the track- impassable . rackimpassable : COST,OF FLAGyI\'G AND OTHER. PROTFCTIVE SERVICES AND DT'ViCLS . (a) (b) (c) (d) NUMBER CLASSIFICATION BASE PAY HEADQUARTERS 3 Sec honnan $ 6.96 A1.40e6p0115 .NOTES : (a�...A full flagging crew generally consists of three men. Under certain conditions Clore than three men may be, required or a lesser namber_r'_;ay be sufficient. However , add i -ional personnel , such as c.orimunications linemen and/or signalmen may be used to protect communications- and . signal facilities , if- deemed necessary by the Railway . .- The ailway . _The Classification is shown- solely for the prospective bidder '.sinform ation, and there, is no quarantee 'that the above classes, of labor will actually he used or that ,the rates of p,ay shown in- column (c) will be those in effect at the. time the work is undertaken.- (c) Shows base pay rate per man per hour for normal 'eight-hour shift in effect rTa/I. %, 19, Br /- (d) Estimated costs for' travel per employee from -headquarters .to job - site and return is $ 0.00 per round trip: The estimated daily cost for meals -and ot, er acco=odation- is $ 0.00 ' per. employee.. (e).... In_ addition , . Frotoctive devices , . such as crossing signals ,: indicators ,. telltales ; lights , telephone , etc. may be required. In this connection telltales may- be - installed'-by the' 7ailway, at its, option, as a -condi- tion of its approval of any proposed- restrictions of- vertical clear- ance ,during construction to less than 22-1/,2 feet. (f) It shall be the duty and responsibility of the C1fy and its con- tractors to rotifv the Railwayls Division Superintendent at least forty-eight (43-) hours in advance of ashen flagmen or -other protective services and devices are required. To all direct labor costs , there shall be acluitional charges- for Vacation Allovance , IIealth and Welfare , Railroad Rotironicnt and 'Unemployment 'faxes ; Public Liability , Property Damage and Cornacnsation Insurance; and accounting and billi.nq. For estimating urposes only, these additives col- lectively, may be considered as approximating 6.3& % of direct labor cost.