05-11-2015 Council Packet - Laserfiche WebLink

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Railroad Agreement AGREEMENT THIS AGREEMENT made and entered into by and between the City of _<name of City>, a Governmental Subdivision of the State of Minnesota, hereinafter referred to as the "CITY" and SOO LINE RAILROAD COMPANY, doing business as CANADIAN PACIFIC RAILWAY, hereinafter referred to as the "COMPANY." WITNESSETH WHEREAS, <roadway name> with DOT #<DOT number> as presently located in City of <name of City>, Ramsey County, Minnesota, crosses at grade main line track of the COMPANY at railroad mile post <IU. milepost> on the St Paul Subdivision; and WHEREAS, the CITY proposes to replace existing railroad warning devices substantially as shown on the plan attached hereto and marked Exhibit "A"; and WHEREAS, The CITY and COMPANY desire that said grade crossing be provided, with the participation of federal funds, with flashing lights with gates, constant warning circuitry and LED lenses, and the COMPANY is willing to install, maintain and operate such signals upon the terms and conditions hereinafter stated; and WHEREAS, The Federal Highway Administration, when acting in cooperation with the State of Minnesota, is authorized by Section 130 of Title 23 of the United States Code to make Federal Aid funds available for the purpose of eliminating hazards at railroad grade crossings within the State of Minnesota; and WHEREAS, The State of Minnesota, pursuant to Minnesota Statute section 161.36, is authorized to cooperate with the United States government in contracting for the construction and improvement and maintenance of roads and bridges not included in the trunk highway system which are financed in whole or in part by federal monies; and WHEREAS, The CITY has obtained State of Minnesota General Obligation bonds to finance a portion of the project; and WHEREAS, the parties desire to set forth the terms and conditions for the safety improvements, and NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements contained herein, the parties agree as follows: SECTION 1. The "Standard Provisions for Highway -Railroad Agreements" attached hereto as Exhibit "C" are hereby made a part of this Agreement. The requirements of the "Buy American" provisions in 23 U.S.C. 313 and 23 CFR 635.410 are applicable to this Agreement. If the COMPANY uses steel or iron as part of it work, and the 0904/SCP -1-