Agenda - Council - 10/24/2006 - Laserfiche WebLink

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Mile Post 31.79 Line Segment 25 U.S. DOT Number 082932W SUB Staples GRADE CROSSING SIGNAL INSTALLATION AGREEMENT LAW DEPARTMENT APPROVED THIS GRADE CROSSING SIGNAL INSTALLATION AGREEMENT (hereinafter called, "Agreement "), is executed to be effective as of , 20_, by and between the City of Ramsey and Anoka County, Political Subdivisions of the State of Minnesota, (hereinafter called, "AGENCIES "), and The BNSF Railway Company, a Delaware Corporation (hereinafter called, "RAILROAD "); WITNESSETH: WHEREAS, in the interest of aiding vehicular travel and public safety, the AGENCIES are undertaking a project to install railroad crossing signals and activation equipment known as cantilevers, flashing lights, gates and simultaneous pre - emption; WHEREAS, the project County Road 83, (CR 83), also known as Armstrong Blvd., is located at U.S. DOT crossing 082932W as indicated on exhibit "A ", attached hereto and incorporated herein; WHEREAS, the parties agree that the RAILROAD will receive no ascertainable benefit from the installation of advance warning signs, pavement marking stop bars or crossing signal equipment (hereinafter collectively called, "Crossing Signal Equipment "); WHEREAS, AGENCIES also desires RAILROAD to replace the existing crossing surface at CR 83 with a new concrete crossing surface; WHEREAS, the AGENCIES are paying for the acquisition and installation of crossing signal equipment and the new crossing surface at CR 83 with local funds. WHEREAS, the RAILROAD agrees to purchase and install, at AGENCIES sole expense, the crossing signal equipment and the new crossing surface described in the scope of work herein, and upon the terms and conditions set forth below. WHEREAS, Agency desires to preempt the highway traffic control signals with the grade crossing warning devices shown on Exhibit "A "; and WHEREAS, BNSF will allow the Agency to preempt the highway traffic control signals with the grade crossing warning devices shown on Exhibit "A" subject to the mutual covenants contained in this Agreement;. NOW, THEREFORE, in consideration of the mutual covenants and agreements of the parties contained herein, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: ARTICLE I — SCOPE OF WORK 1. The term "Project" as used in this agreement includes any and all work related to the installation of crossing signals and activation equipment, installation of ,traffic signal pre- emption equipment, and new crossing surface at U.S. DOT crossing 082932W, more particularly described on Exhibits A and B attached hereto and incorporated herein, including, but not limited to, any and all changes to telephone, telegraph, signal and electrical lines and appurtenances, installation of advance warning signs and Form 0104 Rev. 10/04 • •