1h. Approve Agreement with MnDOT and TCW Railroad
CITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952,227,1100
Fax: 952,227,1110
Building Inspections
Phone: 952,227,11SG
Fax: 952,227,1190
Engineering
Phone: 952,227,1160
Fax: 952,227.1170
Finance
Phone: 952,227,1140
Fax: 952,227,1110
Park & Recreation
Phone: 952,227,1120
Fax: 952,227,1110
Recreation Center
2310 Coulter Boulevard
Phone: 952,227,1400
Fax: 952,227,1404
Planning &
Natural Resources
Phone: 952,227,1130
Fax: 952,227,1110
Public Works
1591 Park Road
Phone: 952,227,1300
Fax: 952,227,1310
Senior Center
Phone: 952,227,1125
Fax: 952,227.1110
Web Site
www.ci.chanhassen.mn.us
~~
~rH
MEMORANDUM
TO:
FROM:
DATE:
SUBJ:
PROPOSED MOTION
"The City Council approves agreement with MnDot and TC& W for railroad
crossing improvements at TH 101 and W. 78th Street."
City Council approval requires a simple majority vote of the City Council
present.
BACKGROUND
Last year it was planned to have the W. 78th Street and TH 101 railroad crossings
upgraded in conjunction with the W. 78th street overlay. Unfortunately, the crossing
upgrades had to be delayed because of TC& W' s workload.
DISCUSSION
The railroad crossings at W. 78th Street and TH 101 are old, very rough and should be
replaced. The existing crossings are made out of rubber that is starting to break apart
and become lose which makes the crossing rough to drive over. Crossings are also
hard to plow in the winter. The proposed improvements are to replace the rubber
crossings with concrete crossings similar to the crossing in the downtown.
The plan is for TC& W to complete the work and charge MnDot and the City of
Chanhassen for half of the cost oftheir respective crossing. The City's share is
$30,000. The City would be responsible for patching the road and replacing some
sidewalk at the W. 78th street crossing approach. The City would also be responsible
for the cost of traffic control if a detour is required.
Funding for the project has been planned to be paid for with Revolving Assessment
funds. The City attorney has reviewed this agreement and finds it acceptable.
Attachments: Location Map
Resolution
Agreement
CIP Page
g:\eng\public\pw049 railroad crossings\crossing improvements 112309.doc
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE:
November 23. 2009
RESOLUTION NO:
2009-
MOTION BY:
SECONDED BY:
A RESOLUTION APPROVING AGREEMENT NO. 95752 WITH THE TWIN CITIES &
WESTERN RAILROAD AND MnDOT FOR THE INSTALLATION AND
MAINTENANCE OF A RAILROAD CROSSING SURFACE AT THE INTERSECTION
OF W. 78TH STREET AND TH 101
PW049A & PW049C
WHEREAS, the City of Chanhassen shall enter into an agreement with the Twin Cities and
Western Railroad Company and the Commission of Transportation for the installation and
maintenance of a railroad crossing surface at the intersections ofW. 78th Street and TH 101 with the
tracks of the Twin Cities and Western Railroad Company in Chanhassen, Minnesota, and
appointing the Commission of Transportation agent for the City to supervise said project. The
City's share of the cost shall be $90,000.00 ($30,000 for the W. 78th Street crossing and $60,000 for
the TH 101 crossing), and
NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council is hereby
authorized to execute said agreement and any amendments thereto for and on behalf of the City.
Passed and adopted by the Chanhassen City Council this 23rd day of November, 2009.
ATTEST:
Todd Gerhardt, City Manager
Thomas A. Furlong, Mayor
YES
NO
ABSENT
I
,
AGREEMENT NO. 95752
US DOT NO. 914465M and
914464F
DATED
STATE PROJECT 1002-97
FUNDS 100% State
FILE NO. F-1624 and F-1624A
Concrete Railroad Crossing Surface
TH 101 and W. 78th St. in Chanhassen, Carver
County, Minnesota
TWIN CITIES arid WESTERN
RAILROAD COMPANY
THIS AGREEMENT, made and entered into by 'and between TWIN CITIES and WESTERN
RAILROAD COMPANY (Company), CITY OF CHANHASSEN (Local Agency) and the STATE OF
MINNESOTA through its COMMISSIONER OF TRANSPORTATION (State),
RECITALS:
1. Trunk Highway No. 101 and W. 78th St., as now established, cross the tracks ofthe Company at
g~ade in Chanhassen, Carver County, MN, the location of the crossings and railway track being shown on
the print attached, marked Exhibit "B"; and
2. In order to accommodate the project, it will be necessary for the Company to replace the existing
crossing surfaces with one-hundred twenty (120) lineal feet (TH 101), and seventy-two (72) lineal feet
(W. 78th St.) respectively of new concrete crossing surface, and the Company is willing to do so under the
terms and conditions stated; and
3. The State, Local Agency and the Company agree that the crossing surfaces be replaced; and
4. The State of Minnesota, pursuant to Minnesota Statutes Section 161.20, is authorized to enter into
an agreement with the Company for the work.
AGREEMENT NO. 95752
CONTRACT:
1. EXHIBITS
1.1 The State's "Standard Clauses for Railroad-Highway Agreements" (Standard Clauses) is attached
and incorporated as Exhibit "A." Except as expressly modified, all of the terms and conditions set forth
in the Standard Clauses.are incorporated into this Agreement.
1.2 Exhibit "B", the location print is attached and incorporated into this Agreement.
2. WORK PERFORMANCE AND TIME SCHEDULE
. .'
2.1 The Company will furnish all material for and with its own forces install a new concrete crossing
surface on both Trunk Highway No. 101 and W. 78th St. at the locations indicated on Exhibit "B." The
Company's detailed plans and specifications for the workto be done are subject to the approval of the
State, prior to starting work.
2.2 It shall be the joint responsibility of the Company ' and the State to agree upon the elevation and
superelevation of both roadway and track of the TH 101 crossing before construction begins. Any work
done which is incompatible with such understandings shall be redone at the expense of the erring party.
2.3 ' It shall be the joint responsibility of the Company and the Local Agency to agree upon the
elevation and superelevation of both roadway and track of the W 78th 81. crossing before construction
begins. Any work done which is incompatible with such understandings shall be redone at the expense of
the erring party.
2.4 Work by the Company must be completed within 12 months after the date the Company is
,
,
authorized in writing to begin work. If the Company determines it is not possible to complete the work
by that date, it will make a written request to the State ~o extend the time for completion, detailing the
reason for the request.
3. LUMP SUM COST
3.1 For the work to be performed by the Company under paragraph 2 of this Agreement for the TH
101 crossing, the State and the Company have agreed upon a LUMP SUM PAYMENT of $60,000.00.
The lump sum amount will be paid to the Company by the State when the State certifies that the work has
been satisfactorily completed. The State will pay the lump sum; in total, within 90 days of certification
that the work has been completed satisfactorily. If the work is not certified by the State as satisfactorily
2
AGREEMENT NO. 95752
completed the Company has 90 days to take corrective action to remedy the work to achieve an acceptable
certification of completion by the State.
3.2 For the work to be performed by the Company under paragraph 2 ofthis Agreement for the W.
78th St. crossing, the Local Agency and the Company have agreed upon a LUMP SUM PAYMENT of
$30,000.00. The lump sum amount will be paid to the Company by the Local Agency when the Local
Agency certifies that the work has been satisfactorily completed. The Local Agency will pay the lump
sum, in total, within 90 days of certification that the work has been completed satisfactorily. If the work
is not certified by the Local Agency as satisfactorily completed. the Company has 90 days to take
corrective action to remedy the work to achieve an acceptable certification of completion by the Local
Agency.
4. WORK CHANGES
4.1 If it is determined by the parties that a change is required in work to be performed by the
Company, pursuant to paragraph 2 above, such change will be authorized only by written amendment to
this Agreement. Such amendment must be approved and executed prior to the perfonn~ce of the work
involved in the change.
5. MAINTENANCE
5.1 In accepting funding for the crossing surfaces, the Company agrees,to maintain the crossing with
the same type of surface material for the service life of the installed material. If the Company wishes to
change the type of surface material during its service life, it must notify and receive the concurrence of the
other parties to this Agreement. Damage done by the State, .Local Agency or the Company to the crossing
surface material must be repaired as soon as practicable by the Company. The State, Local Agency and.
the Company will negotiate a separate agreement concerning the division of costs, if any, for the repair to
the damaged cro,ssing surface.
5.2 When the crossing surfaces need to be replaced at the end of the anticipated service life of the
installed material, the affected parties will negotiate a new agreement concerning the renewal of the'
crossing surface in accordance with the statutes that are in exi~tence at the time.
3
AGFlLEMEl'Tr PCo
6. FUTURE REMOVAL
6.1 The crossing surfaces provided for in this Agreement must not be removed unless there has been a
determination by the State that the one or both of the crossing surfaces is no longer required at these
locations. If either crossing surface is to be removed, the Company must notify the State of its pending
removal. Upon request of the State, the Company will reinstall the crossing surface at some other
,
crossing within the State on the Company's tracks. The location and division of cost of such relocation
will be agreed upon between the Company and the State prior to such removal.
6.2 Ifrailway improvements necessitate a modification ofthe crossing surface at either crossing, the
Company will bear the entire cost of the modification without contribution from the State.
6.3 If roadway improvements necessitate a modification of the crossing surface at either crossing, the
State, Local Agency and Companywill negotiate a separate agreement whereby the State or Local Agency
will pay the cost of such modification.
7. DETOURS AND WORK ZONE TRAFFIC CONTROL
7.1 If there is a need for a road detour in connection with the installation ofthe crossing surfaces, the
State, Local Agency and the Company will coordinate such detour prior to the starting dates. It will be
the State{TH 101) and Local Agency's (W.78th St.) responsibility to set up and maintain the Toad detour
and detour signing for their respective crossing.
7.2 If a road detour is not feasible, the State and Local Agency will furnish, erect and maintain all
necessary traffic control devices required to provide safe movement of vehicular traffic through the.
project area during the entire period from the beginning of construction to its final completion. Traffic
control devices include, but are not limited to, barricades, warning signs, trailers, flashers, cones, drums,
pavement markings, and flaggers as required and sufficient barricade weights to maintain barricade
stability. The State and L()cal Agency will be responsible for the immediate repair or replacement of all
traffic control devices that become damaged, moved or destroyed, of all lights that cease to fun~tion
properly, and of all barricade weights that are damaged, destroyed or otherWise fail to st~bilize the
barricades.
4
AGREEMENT f\.;C . ; ':;'{ ~...
8. APPROACH WORK AND SIDEWALKS
8.1 The State and Local Agency shall be responsible for adjusting their roadway surface to match the
new railroad grade crossing surfaces. The State and local Agency shall also be responsible for installing
sidewalks, as may be needed, up to the end of the ties.
8.2 The Company shall be responsible for installing sidewalks, as may be needed, between the ends of
the ties. The Company shall also be responsible for installing material between the ends of the ties to the
elevation ofthe top ofthe rail in the median between divided roadways and/or in the boulevard between
the roadway and sidewalk.
9. MODIFICATIONS OF STANDARD CLAUSES (EXHIBIT "A")
The following clauses of the "STANDARD CLAUSES" are modified as follows in the context of this
Agreement:
7. WORK REPORTS - deleted in its entirety.
8. REIMBURSEMENT - deleted in its entirety, as this provision does not apply to a lump sum.
agreement.
12. OVERRUN OF ESTIMATED COSTS WITH NO WORK CHANGES - deleted in its entirety, as
this provision does not apply to a lump sum agreement.
5
AGREEMENT NO. 95757:
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be duly executed.
CITY OF CHANHASSEN
TWIN CITIES and WESTERN RAILROAD
COMPANY
By:
By:
Title:
Title:
Dated:
Dated:
By:
By:
Title:
Title:
Dated:
Dated:
STATE OF MINNESOTA
Recommended for Approval:
Commissioner of Transportation
By:
Manager, Railroad Administration Section
By:
Director, Freight, Railroads & Waterways
Dated:
Dated:
ST ATE ENCUMBRANCE VERIFICATION
individual certifies that funds have been encumbered as required by Minn. Stat. 99 16A.15 and 16C.05
Signed:
Dated:
MAPS:
APPROVED:
Department of Adminis~ration
By:
Authorized Signature
Dated:
6
EXHIBIT "A"
STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION
STANDARD CLAUSES
FOR
RAILROAD-HIGHWAY AGREEMENTS
April 11, 2008
1. EFFECTIVE DATE
This Agreement will become effective upon the date State obtains all signatures required by Minnesota Statutes
Section 16C.05 (Subd. 2).
2. CANCELLATION
The State may immediately terminate this Agreement if it does not obtain funding from the Minnesota
Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the
payment of the services covered here. Termination must be by written or fax notice to the Company. The State
is not obligated to pay for any services that are provided after notice and effective date-of termination.
However, the Company will be entitled to payment, determined on a pro rata basis for services satisfactorily
performed to the extent that funds are available. The State will not be assessed any penalty if the Agreement is
terminated because of the decision ofthe Minnesota Legislature, or other funding source, not to appropriate
funds. The State must provide the Company notice of the lack of funding within a reasonable time of the State's
receiving that notice.
3. GOVERNING LAW; JURISDICTION, AND VENUE
Minnesota law, without regard to its choice-of-Iaw provisions, governs this Agreement. Venue for all legal
proceedings arising out of this Agreement, or its breach, will be in the appropriate state or federal court with
competent jurisdiction in Ramsey County, Minnesota.
4. COMMISSIONER'S OFFICIAL CAPACITY
The Commissioner of Transportation of the State of Minnesota is acting in an official capacity only and is not
personally responsible or liable to the Company or to any person or persons whomsoever for any claims,
damages, actions, or causes of action of any kind or character arising out of or by reason of the execution of this
Agreement or the performance or completion of the project.
5. DATA DISCLOSURE
Under Minnesota Statutes Section 270C.65, and other applicable law, the Company consents to disclosure of its
social security number, federal employer tax identification number, and/or Minnesota tax identification number,
already provided to the State, to federal and state tax agencies and state personnel involved in the payment of
state obligations. These identification numbers may be used in the enforcement of federal and state tax laws
which could result in action requiring the Company to file state tax returns and pay delinquent state tax
liabilities, if any.
EXHIBIT "A" - Page 1 of 5
6. ELIGIBILITY OF COSTS
The provisions contained in Federal-Aid Policy Guide, Chapter 1, Subchapter G, Part 646, Subpart Band
Chapter1, Subchapter B, Pari 140, Subpart I, apply to railway-highway project, regardless of the method of
financing the project.
7. WORK REPORTS
The Company will furnish the State's Engineer in charge of the project:
a. "Form 21191, Minnesota Department of Transportation, Daily Utility Report", or equivalent
approved by the State's engineer showing the number of people on payroll, classification, and
total hours worked, and equipment used, at a time mutually agreed upon by the Company and the
State.
b. Full detailed information as to progress of work and amount of labor and material used as of the
time ofrequest.
The Company will, make other reports, keep other records and perform other work in such maimer a time as
may be necessary to enable State to collect and obtain available federal aid.
8. REIMBURSEMENT
The State will reimburse the Company for actual expenses incurred performing the work set forth in this
Agreement. Payments will be made in accordance with the following:
a. State will make payments in accordance with Minnesota Statutes 916A.124.
b. Invoices for labor and materials ("partial invoices") may be submitted on a periodic basis during
the term of the project, but not more frequently than once per month. These valid partial invoices
will be paid 30 days from the date they are received by the Office of Freight and Commercial
Vehicle Operations, Railroad Administration Section.
c. Partial invoices that are not approved due to disputed items will be returned to the Company with
a request for an explanation for any disputed items. If the dispute is resolved, the State shall pay
the Company within 30 days of receiving a corrected invoice. The State may pay the non-
disputed portion of any disputed invoice.
d. Final invoices must be submitted within 120 days of the completion of the reimbursable railroad
work. Invoices submitted after this date, and less than One (1) year after the last activity on the
project will not be paid, unless good cause is shown for the delay in the submission of the
invoice. In accordance with federal regulations, 23 CFR 140.922, any final invoice received more
than one (1) year after the last reimbursable railroad work will not be paid.
e. Partial invoices must be based on actual (not estimated) costs incurred. Partial invoices need not
be itemized, but State must be able to substantiate costs by checking the Company's records.
The final invoice will be a detailed, itemized statement of all items of work performed by the
Company, as shown in the appropriate exhibit or exhibits attached to this Agreement, and shall
be marked "Final Invoice".
f. Payment of the final invoice will be made after State inspects and approves the work. All work
will be inspected within 120 days from receipt ofthe final invoice. Subsequently, the final
invoice will be forwarded for audit by the State, in accordance with the requirements of state and
federal laws and regulation. . The Company will keep account of its work in such a way that
accounts may be readily audited. In the event that any amount previously paid to the company is
EXHIBIT "A" - Page 2 of 5
in excess of the actual cost determined by audit, the Company, upon notice from the State, will
within 30 days pay to the State the difference. Conversely, in the event that any amount
previously paid to the Company is less than the actual costs determined by audit, the State shall
pay the actual costs due within 30 days ofthe determination ofthe actual costs ofthe work.
g. All invoices shall be addressed as follows:
Mn/DOT Office of Freight and Commercial Vehicle Operations'
M.S. 470, Rail Administration Section
395 John Ireland Boulevard
St. Paul, MN 55155-1899
9. WORKERS' COMPENSATION
The Company certifies that it is in compliance with workers' compensation insurance coverage required by
Minnesota Law, or Federal Law if the Company is subject to Federal Law which preempts the Minnesota Law.
The Company will require its contractors to present proof of coverage under the Minnesota Workers
Compensation Act. The Company's employees and agents will not be considered State employees. Any claims
arising'underworkers compensation laws and any claims made by a third party as a consequence of the acts or
omissions of the Company, its agents, employees or contractors are in no way the responsibility of the State.
10. COST-SHARING
Ifthe cost of a project is being shared by the State and other parties, each party should receive a bill setting forth
its proportional share of the costs whenever a project billing is submitted.
11. INSPECTION, STANDARDS OF PERFORMANCE
The ~ompany and/or Local Agency will permit the St~te to inspect and approve the work performed under this
Agreement during the regular working hours of the Company without prior notice, The State may refuse to.
approve any and' all work performed under this Agreement for failureto comply with applicable standards for'
work ofthat. type. If the State fails to approve the work performed under this Agreement, the State may refuse
to make any further payments under this Agreement until the work at issue is performed in accordance with
acceptable standards for work of this type and said work is approved by the State.
The Company and/or Local Agency warrants that it will perform all work under this Agreement in a
workmanlike and timely manner in accordance with all applicable standards for work of the type at issue.
Should the work fail to be performed in a timely manner or in accordance with applicable standards, the State
may immediately suspend further payments under this Agreement and the Company must repay all funds
expended on unsatisfactory work.
12. OVERRUN OF ESTIMATED COSTS WITH NO WORK CHANGES
If it appears to the Company, at any time subsequent to the date of this Agreement and prior to the final
completion of such work, that the actual cost of the project will exceed the estimated cost, the Company'must
send written request for approval to the State. The request will explain the reasons for the add,itional costs and
the amount of the costs. If State approves such request, State will encumber additional funds and then issue a
notice to proceed. Any additional expenses incu.rredby the Company prior to receiving notice to proceed may
not be reimbursed by State. State's maximum ob,ligation under this Agreement will not exceed 120% of the
estimated cost, except by a fully-executed ,amendment to this Agreement.
EXHIBIT "A" - Page 3' of 5
13. STATE AUDITS
Under Minnesota Statutes Section 16.C.05, subd. 5, the Company's books, records, documents, and accounting
procedures and practices relevant to this Agreement are subject to examination by the State and/or the State
Auditor or Legislative Auditor, as appropriate, for a minimum of six years after an appropriate State official
certifies the Company's completion of the construction required under this Agreement.
14. NONDISCRIMINATION
If the Company enters into a contract with a contractor, to perfoffi1 all or any portion of the Company's work set
forth in this Agreement, the Company for itself, its assigns and successors in interest, agrees that it will not
discriminate in its choice of contractors and will include all of the nondiscrimination provisions in this
Agreement and as set forth in "Appendix A" attached hereto and made a part hereof. .
15. DISADVANTAGED BUSINESS ENTERPRISE
The disadvantaged business enterprise requirements of 49 CFR 26, apply to this Agreement. The Company will
insure that disadvantaged business enterprises as defined in 49 CFR 26, have the maximum opportunity to
participate in the performance of contracts, financed in whole or in part with federal funds. In this regard, the
Company will take all necessary and reasonable steps in accordance with 49 CFR 26, to insure that
disadvantaged business enterprises have the maximum opportunity to compete for and perform any contracts
awarded under this Agreement. The Company shall not discriminate on the basis of race, color, national origin,
or sex in the award and performance of contracts under this Agreement. Failure to carry out the above
requirements constitutes breach of this Agreement, and may result in termination of the Agreement by the State, .
and possible debarment from performing other contractual services with the Federal Department of
Transportation.
16. AMENDMENTS, WAIVER, MERG~R, AND COUNTERPARTS
Any amendments to this Agreement must be in writing and executed by the same parties who executed the
original Agreement, or their successors in office. Failure ofa party to enforce any provision of this Agreement
will not constitute or be construed as, a waiver of such provision or of the right to enforce such provision. This
Agreement contains all prior negotiations and agreements between the Company and the State. No other
understandings, whether written or oral, regarding the subject matter of this Agreement will be deemed to exist
or to bind either or both of the parties. This Agreement may be executed in one or more counterparts, each of
which shall be deemed to be an original, but all of which together shall constitute one and the same Agreement.
EXHIBIT "A" - Page 4 of 5
, .
APPENDIX A
Non-Discrimination Provisions of Title VI of the Civil Rights Act of 1964
During the performanceofthis contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to
as the "contractor"), agrees as follows:
(1) Compliance with Regulations: The Contractor will comply with Regulations of the Department of Transportation
relative to nondiscrimination in federally-assisted programsofthe Federal Highway Administration(Title 49, Code of
Federal Regulation, Part 21, hereinafterreferred to as the Regulations), which are herein incorporated by reference and
made a part of this contract.
(2) Nondiscrimination: The contractor, with regard to the work performed by it after award and prior to completion ofthe
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 Regulations, including employment
practices when the contract covers a program set forth in Appendix "A", "BOO and "COO.
(3) Solicitations for Subcontracts, 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 obligation under this contract and the Regulations relative to discrimination onthe ground of race, color
or national origin.
(4) Information and Reports: The contractor will provide all information and reports required by the Regulations, or
orders and instructions issued pursuant thereto, andwill permit access to its books, records, accounts, other sources of
information, and its facilities as may be determined by the Department of Transportation or the Federal Highway
Administration to be pertinent 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 the Department of Trans portat ion, or the Federal Highway Administration as
appropriate, and shall set forth what efforts it has made to obtain the information.
(5) Sanctions for noncompliance: In the event of contractor's noncompliance with the nondiscrimination provisions of
this contract, the Department of Transportation shall impose such contract sanctions as it or the Federal Highway
Administration may determine to be appropriate~ncluding but not limited to,
(a) withholding of payments to the contractor 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 Provisions: The contractor will include the provisions of paragraph (1) 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 WII take such action with respect to any subcontract or procurement
. as the Department of Transportation or the Federal Highway Administration may direct as a means of enforcing such
provisions including sanctions for noncompliance: Provided, however, thatjn the event a contractor becomes 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, andn addition, the contractor may request the United
States to enter into such litigation to protect the interests of the United States.
EXHIBIT "A" - Page 5 of 5
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Capital Improvement Program 2010 thru 2014 Department Street Improvements
i City of Chanhassen, MN Contact Paul Oehme
Project # ST -026 Type Improvement
Useful Life
I Project Name 78th Street Railroad Crossing Replacement Streets/Highways
I Category
Account #1 Account #3 Priority nla
Account #2 Account #4
, I Total Project Cost: $120,000
I Description
Replace the rubber railroad crossing at 78th Street west of TH 101, with a concrete railroad crossing. MNDOT and TC& W Railroad are also
planning to replace the TH I 0 I crossing at the same time.
I
Justification 1
The rubber crossing is old and very rough and bumpy to drive over. Snow plows get the blades caught on the rubber crossings and can cause
damage to the plow equipment.
i
I Expenditures 2010 2011 2012 2013 2014 Total
Construction 120,000 120,000
Total 120,000 120,000
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i Funding Sources 2010 2013 2014 Total
I 2011 2012
Assessment/Revolving Assess 30,000 30,000
Other Agency Contribution 90,000 90,000
Total 120,000 120,000
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