Agenda - Council - 06/26/2007 - Laserfiche WebLink

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AT'GRADE CROSSING AGREEMENT (WITHOUT WARNING SIGNALS) Sunfish Boulevard, CSAH 57 U.S. D.O.T. No.082928G LS 25, MP 29.61 THIS AGREEMENT (hereinafter called "Agreement "), executed to be effective as of the day of , by and between THE BNSF RAILWAY COMPANY (hereinafter called "BNSF ") , and the CITY OF RAMSEY, AND ANOKA COUNTY, MINNESOTA, (hereinafter. called "Agencies "). RECITALS: WHEREAS, BNSF owns and operates a line of railroad in and through the City of Ramsey, Anoka County, Minnesota; WHEREAS, Agency desires to re- construct, at Agency's expense, the existing at -grade public crossing at Sunfish Boulevard, (CSAH 57), across BNSF's right -of -way and property at MP 29.61, LS 25 DOT No.082928G; WHEREAS, the parties desire to express their agreements concerning the construction and subsequent maintenance of the Sunfish Boulevard crossing in writing; WHEREAS, in connection with the construction of the at -grade crossing referenced above, Agency desires to install two 128' ' concrete crossing surfaces, (hereinafter collectively called, "Crossing Surface "); WHEREAS, in connection with the construction of the at -grade crossing referenced above, Agency desires to install railroad crossing signals and activation equipment. Installation of said. signal equipment shall be agreed upon under separate written agreement between the Agnecy, BNSF and the Minnesota Department of Transportation 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 The term "Project" as used herein shall include any and all work related to the construction of the Sunfish Boulevard grade crossing, more particularly described on the Exhibit A attached hereto and incorporated herein, including, but not limited to, any and all changes to telephone, telegraph, signal and electrical lines and appurtenances, temporary and permanent track work, fencing, grading, placing of concrete crossing panels, alterations to or new construction of drainage facilities, preliminary and construction engineering and contract preparation. Temporary controls during construction shall be in compliance with Section 8A- 5, "Traffic Controls During Construction and Maintenance of the Manual on Uniform Traffic Control Devices (hereinafter called, "MUTCD "), U.S. Department of Transportation. ARTICLE II — BNSF OBLIGATIONS -338-