90-28
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City of Chanhassen
Carver and Hennepin Counties, Minnesota
DATE: March 12. 1990
RESOLUTION NO:
90-28
MOTION BY: Workman
Dimler
SECONDED BY:
A RESOLUTION APPROVING TRUNK HIGHWAY 101/WEST 78TH STREET
CROSSING AGREEMENT WITH SOO LINE RAILROAD PROJECT 88-22B-1
WHEREAS, City staff and our consultants have been negotiating
over the last several months with the Soo Line Railroad for a
crossing agreement for the Trunk Highway 101 realignment crossing
north of Trunk Highway 5.
NOW, THEREFORE, BE IT RESOLVED BY THE CHANHASSEN CITY COUNCIL
that the attached Soo Line Railroad Company crossing agreement for
Trunk Highway 101/West 78th Street crossings is hereby approved.
Passed and adopted by the Chanhassen City Council this 12th
day of March, 1990.
ATTEST:
~ (]J..o.~
Don Ashworth, City Clerk/Manager
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Dona~ie", MaYOr~
YES
NO
ABSENT
Chmiel
Workman
Bovt
Johnson
Dimler
None
None
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AGREEMENT
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THIS AGREEMENT, made this 12th day of March, 1990, between the
SOO LINE RAILROAD COMPANY, a Minnesota Corporation, ("Railroad
Company") and the CITY OF CHANHASSEN, a Minnesota municipal
corporation ( "City") .
RECITALS:
A) The City and the Railroad Company are agreeable to do
certain work as listed below in connection with the
establishment of public railroad grade crossings at
Highway 101 (Crossing A) and at West 78th Street
(Crossing B), Chanhassen, Minnesota.
B) On the attached print marked Exhibit "A", which is
incorporated herein by reference, the location of the
proposed grade crossings are shown in red at railroad
stations 194 + 59 (Crossing A) and 192 + 69 (Crossing B).
WITNESSETH:
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In consideration of the mutual promises and benefits herein, the
parties agree as follows:
1) The Railroad Company shall provide the necessary
specifications, designs, labor and materials to prepare
the track structure, and construct rubber pad crossings.
2)
The City shall reimburse the Railroad Company for any and
all expense it reasonably incurs in connection with the
establishment of the grade crossing including
communications and signal pole line. The estimated cost
for such construction is $66,122 for crossing "A" and
$35,109 for crossing "B". The Railroad Company shall
identify variances between actual and estimated costs,
and advise the City whenever projected costs exceed
estimates. The Railroad Company shall notify the City
of cost increases before the additional costs are
incurred, with a detailed explanation of why the
additional expense is necessary.
3) The Railroad Company shall provide the necessary
specifications, designs, labor and materials to install
warning devices at the grade crossing in accordance with
Section 4 ; said warning devices shall be builtin
compliance with Minnesota Department of Transportation
requirements.
4) The City shall reimburse the Railroad Company for any
and all expense it reasonably incurs in connection with
the installfltion of the warning devices as follows:
A.
The estimated cost for warning devices installation
for Crossing A is $114,948. The cost estimate is
for automatic warning devices, half roadway gates
and cantilevered flashing light signals for each
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side of the crossing.
The estimated cost for Crossing B is $93,803. The
cost estimate is for automatic warning devices and
half roadway gates. If the Minnesota Department of
Transportation requires the installation of warning
devices different than or additional to those
contemplated in this Section 4, the Railroad Company
shall prepare and provide the City with a cost
estimate of the required warning devices. The
Railroad Company shall install such devices. The
other provisions of this Agreement relating to
warning devices shall apply as if the required
warning devices were originally part of this
Agreement.
C. The estimated cost for the relocation of the
westbound train control signal is $18,206.00.
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D.
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B.
The Railroad Company shall revise and refine the
estimated costs for warning devices after the
Minnesota Department of Transportation approves this
agreement and specifies the warning devices to be
installed. The Railroad Company shall identify
variances between actual and estimated costs, and
advise the City whenever projected costs exceed
estimates. The Railroad Company shall notify the
City of costs increases before the additional costs
are incurred, with a detailed explanation of why the
additional expense is necessary.
E. The Railroad Company shall credit the City for the
salvage value of all material recovered as a result
of this project.
5) The City, at its sole expense, shall provide, install and
maintain the necessary drainage facilities, the roadway
grade, the roadway surface, and the roadway approaches
to the grade crossings.
6) Any flagging protection or watchmen service required by
the Railroad Company for the safety of railroad
operations because of work being performed by the City
or incidentals thereto shall be provided by the Railroad
Company. The Railroad Company shall notify the City of
its intent to use flagging protection or watchmen service
and the reasons therefor. The reasonable costs thereof
shall be reimbursed by the City to the Railroad Company.
7) The Railroad Company shall complete the installation of
the grade crossings by the end of October, 1991. The
Railroad Company shall complete the installation of the
warning devices by the end of October, 1991.
The Railroad Company shall grant to the City an easement
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8)
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The terms "cost(s)" and "expense(s)" as used in this
agreement shall mean all items of cost properly
assignable to work performed by the Railroad Company in
connection with the construction, maintenance, repair,
renewal or changing of the new grade crossings and
warning devices, including payroll taxes under railroad
taxing acts on account of labor employed in said work,
plus 25 percent of direct labor costs to cover
superintendence and accounting, plus 15 percent of the
cost of materials to cover handling and transportation.
The Railroad Company shall use reasonable efforts to
minimize labor and material costs incurred in performance
of this agreement.
The Railroad Company, for performance of its work, may
bill the City monthly for the City's share of the actual
costs and expenses incurred. These progressive invoices
may be rendered on the basis of the estimated percentage
of the work completed. The City, after verifying that
the bill is reasonable and proper, shall promptly
reimburse the Railroad Company for 95 percent of the
amount billed, but not to exceed the amount agreed upon.
11) The Railroad Company, upon completion of its work, shall
send the City a detailed final statement of its actual
expenses as incurred, including allowable additives.
After the City's representatives have checked the final
statement and have agreed that the costs are reasonable
and proper, insofar as they are able to ascertain, the
City shall reimburse the Railroad Company in an amount,
less previous payments, if any, equal to 95 percent of
the amount agreed upon or the amount billed, whichever
is less.
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10)
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for the necessary right-of-way for the roadways and grade
crossings. The Railroad Company shall also grant permits
for necessary utilities. The conveyance of the easement
and permits shall be prior to the end of October, 1991.
The conveyance of and consideration for the easements and
permits shall be by separate instruments.
9)
12) After the City's representatives have audited the
expenses as incurred by the Railroad Company, and final
inspection of the installation has been made, the City
shall reimburse the Railroad Company for the retained
percentage and the suspended items of expense.
13) The Railroad Company may bill the City for the City's
share of the costs of the materials purchased, delivered
and stored on the Railroad Company's property but not yet
installed. The materials shall become the property of
the City and must be designated for exclusive use on the
project designated in this agreement. In the event of
any loss of materials after payment, the Railroad Company
shall replace the materials at no cost to the City. The
storage area of such materials shall be available for
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14)
City inspection upon 24 hours notice. The bill shall be
accompanied by a voucher from the materials supplier
indicating payment by the Railroad Company. Payment
under this paragraph shall not be claimed for any single
pay item less than $SOO.
In the event the Railroad Company fails to install the
stored material during a one-year period subsequent to
payment to the Railroad Company, the City may enter the
property of the Railroad Company and take possession of
said material for City use. The Railroad Company shall
make the materials available in the metro area for the
City to take possession. The taking possession of the
material by the City shall in no way serve to terminate
this agreem~nt or affect the other provisions of this
agreement.
is) A)
The City shall fully indemnify the Railroad Company
against all loss, damage, liability, claims, suits,
judgments, costs and expenses by reason of loss or
damage to property whatsoever and injury to or death
of persons whosoever in any manner arising from or
growing out of, directly or indirectly, wholly or
in part, any acts or omissions of the City during
construction of the crossing on Railroad Company's
property, except to the extent of the Railroad
Company's own negligence.
B)
The Railroad Company shall fully indemnify the City
against all loss, damage, liability, claims, suits,
judgments, costs and expenses by reason of loss or
damage to property whatsoever and injury to or death
of persons whosoever in any manner arising from or
growing out of, directly or indirectly, wholly or
in part, any acts or omissions of the Railroad
Company during construction of the crossing on
Railroad Company's property, except to the extent
of the City's own negligence.
C) To the extent any loss, damage, liability, claims,
suits, jUdgments, costs and expenses described in
subsections A and B result from the j oint or
concurring acts or omissions of both the City and
the Railroad Company, liability shall be shared
between the parties pursuant to the principles of
joint fault.
16) Before starting work on this project, the City or its
contractor, at its expense, shall furnish to the Railroad
Company a Railroad Protective Liability Policy of
Insurance in the name of 800 Line Railroad Company, with
a combined: single limit coverage of $2,000, 000 with
respect to A) Bodily injury liability, B) Property damage
liability and C) Physical damage to property, with an
aggregate limit of $6,000,000. Also before starting the
project, the City or its contractor shall procure
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workers' compensation insurance which fully meets the
requirements of any workers' compensation law in force
at the location where the work is performed, including
the requirements of any occupational disease law; and
automobile liability insurance covering all owned, non-
owned and hired vehicles engaged in or about the work
site, with a combined single limit of $1,000,000. Said
policies shall terminate upon completion of construction
of the crossing and roadway, and written agreement by Soo
Line that the project is completed.
17) This agreement shall continue in effect as long as the
roadway remains on the Railroad Company property.
18) The City shall take all necessary action to close and
abandon the existing West 78th street grade crossing
including removal of the roadway approach from the
Railroad's property after occurrence of the following:
A) The completion of crossings "A" and "B" and warning
devices, and their placement in service.
B) The completion of and opening to vehicular traffic
of T.H. 101 and West 78th st.
IN WITNESSETH WHEREOF, the parties hereto have caused this
Agreement to be duly executed, as of the day and year first above
written.
CITY OF CHANHASSEN
SOO LINE RAILROAD COMPANY
Donald J. Chmiel
MAYOR
G.A. Nilsen
VICE PRESIDENT-ENGINEERING
SERVICE
In the presence of as
to Mayor:
In the Presence of as to
Railroad Company:
JU~~
Don As worth
CITY MANAGER
In the presence of as to
Manager:
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