RES 81-033 RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE AGREEMENT WITH THE BURLINGTON NORTHERN RAILROAD, INC. ON BEHLAF OF THE CITY OF ST. ANTHONY

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• V • THE CITY and RAILWAY shall perform the various items of work. as- follows: A. WORK TO BE PERFOR14ED AND MATERIALS TO BE FURNISHED BY. THE CITY OR ITS CONTRACTOR AT CITY' S EXPENSE: 1. Except as otherwise herein provided, furnish . all- plans, engineering, labor, material-, supplies and equipment necessary for construction*-of the prbject.- 2. ' Remove -existing roadway bridge. , 3. Provide adequate drainage of highway bridge away from railway tracks and protect track drainage to the satisfaction of the Railway. 4 ., Perform all work not specifically mentioned as work to be performed by the Railway necessary to complete • the project in accordance with plans and specifications. B: WORK TO BE PERFORMED AND MATERIALS' TO BE FURNISHED' BY RAILWAY AT THE CITY' S EXPENSE: 1. Provide flagging as deemed necessary account operations- of the City or` its contractor. VI If Railway enters into a contractor -agreement with a contractor to perform any of the work, which Railway is required to' perform''under the terms of this agreement by reason of the construction of the City' s project, Railway, for itself, its assigns and successors in. interest, agrees that' . it will not discriminate in the -choice of contractors and will include all the nondiscrimination provisions set forth in Exhibit "B", attached hereto and by this reference made a part hereof, in any such contract or agreement. VII All work provided to be done by City or its contractor on Railway' s right of way or in the. vicinity of Railway' s tracks shall be done- in a manner satisfactory to Railway and shall be performed at such times and in such manner as not to interfere unnecessarily with the movement of , - trains or traffic upon the tracks of Railway, City will- require its con- tractor to use all care and precaution necessary to avoid accident or damage to, or interference with, Railway' s tracks- or trains and to notify Railway a sufficient time, in advance wherever the contractor is about to perform work on or adjacent to Railway' s right of way and tracks to enable Railway to furnish flagging and such other protective services - and 3 .