277153 WMITE - CITV CLERK COUIICII 2"1`715�
PINK - FINANCE GITY OF SAINT PAUL
CANARV - DEPARTMENT
BLUE - MAVOR File NO•
Co il e l tion
Presented By �
Referred To Committee: Date
Out of Committee By Date
RESOLVED, That the proper City officers are hereby authorized and
directed to execute on behalf of the City of Saint Paul an agreement
with the Chicago and Northwestern Trau�sportation Caanpany providinq for
the reconstruction of the railroad grade crossing on Plato Boulevard
with the City to furnish rubber type crossing material to be installed
by the Company. (City Project P-0811)
COU[VCILMEN Requested by Department of:
Yeas p�g�jpg Nays ��
Tedesvo � In Favor
� . �S l�walter �i_
McMahon - __ Against BY
Wilson
� Jtll � g� Form Approved y Att rney
Adopted by Council: Date
Certified Ss d by Council cre BY �
By
/�1pp by 1�lavor: •��.��1 A r v by yo for is io� to Council
By �' BY
UBLISHED J U L 2 51981
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AGREIl�.EN`I'
THIS AGREII�NT, made and entered into by and between the City of
St. Paul, Minnesota, hereinafter called the "City", and the CHICAGO AND
NORTH WESTERN TRAI�TSPORTATION O�MPANY, hereinafter called the "Ccxnpany".
WITNESSEPH:
THAT, WHE�2E',AS, PLATO BOULEVARD, as presently located in the City
of St. Paul, Minnesota, cross at grade the main line track of the Company;
and the crossing thus fornled is constructed of flange rail and blacktop
material and protected by flashing light signal units automatically con-
trolled by track circuits; and
WI�REAS, the parties hereto desire to upgrade the track at the
crossing and to reconstruct the crossing proper with prefabricated rubber
panels; and
W�S, the City and its inhabitants and the users of said
public street will dexive substantial benefits from reconstructing the
grade crossing, the City is willing to furnish all necessary rubber
crossing materials.
NOW, THII2EF'ORE, in consideration of the premises and of the
mutual covenants and agreements as hereinafter contained, the parties
hereto agree as follows:
SECI'ION 1. The parties hereto shall construct, or cause to be
oonstructed, the following items of work:
l. The City shall furnish, or cause to be furnished, at its
sole cost and expense, all labor, materials, tools and
work equipment required to perform and complete:
a. Furnish all rubber crossing materials.
b. Resurface street approaches, as required.
c. Furnish necessary signs and barricades for the detour
completely closing the street to permit crossing recon-
struction.
d. Dispose of debris resulting from r�noval of the existing
crossing and track rehabilitation.
e. Incidental it�ns necessary to complete the above de-
scribed work.
2. The C�ny shall furnish, or cause to be furnished, at its
sole cost and expense, all labor, materials, tools and work
equipxnent required to perform and complete:
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' a. R�riove existing rxossing proper, including side tracks.
b. Rehabilitate mainline track structure.
c. Install rubk�ex cxossing materials, furnished by the
City.
d. Incidental items necessary to complete the above de-
scribed work.
SECI'ION 2. If at any time subsequent to this improvement, the
track through the crossing is eliminated for any reason whatsoever, the
crossing proper and the track material through the crossing shall be removed
by the Ccx�pany, at its expense, and the rubber crossing panels turned over
to the City. The City, at its expense, shall fill the gap in the roa.dway
caused by the track removal.
The Company agrees that it will not remove or replace any of the
rubber crossing material without first having obtained concurrence from the
City. If it is mutually agreed upon between the parties that the crossing
proper, or any part thereof, is to be eliminated, r�ved, or replaced,
the crossing proper materials shall be removed by the Comgany at its expense;
and the rubber crossing panels turned over to the City.
SECTION 3. Upon oompletion of the work herein contemplated,
the CarYpany shall maintain, at its e�ense, the renewed crossing proper;
and the City shall maintain, at its expense, the street up to the ends of
the track ties and provide replacement oomponents of the rubber crossing
materials in the future. Such maintenance obligation shall conform to
the State law governing same as it shall be fran t�me to t�me in the future.
SEGTION 4. The City will require all contractors performing
work on or adjacent to the Company's right of way to furnish to the Company
a Railroad Protective Liability Insurance Policy and to carry Public Liability
and Property Darriage Insurance, both as specified in the Federal Aid Highway
Program Manual and having limits of liability as follows:
Railroad Protective - $2,000,000 combined single limit per
Liabilitv Insurance occurrence with $6,000,000 aggregate
limitation.
General Liability
Insurance
Personal Injury - $500,000/Person; $1,000,000/Occurrence
Property Damage - $500,000/Occurrence; $1,000,000/Aggregate
Wor}�nen's Corrrpensation
�rrployee Injuries - Statutory
gnployer's Liability - $100,000
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Ewidence of said insurance mverage shall be furnished to the
Company for approval, and no work shall' be performed nor shall the City's
contractor be pennitted to enter upon the Company's right of way until
insurance coverage has been approved by the Company.
SECI'ION 5. This Agreenent shall bec�ne effective upon execution
by both parties hereto and shall be binding upon the parties, their successors
or assigns.
IN WITNESS Wf�l2�OF, the parties have caused these presents to be
executed in duplicate counterparts, each of which shall be considered as an
original, as of the dates below indicated.
C�IICAGO AND NORTH WESTERN
TRI�NSPORTATION G1�MPANY
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A'ITE.ST:
CITY OF ST. PAUL, OTA
Mayo
By
Director, Department of Finance
and Managment Services
�' ^ �`� .
gy �- �
Director, Department o ublic
Works
Approved as to form:
Assistant City Attorney
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OM 01 : 12/1975
Rev. : 9/$/76
' . � Rev. : S/7/$0
. � ' � EXPLANATION OF ADMINJSTRATiVE ORDERS, Rev. : 4/30/81 i
RESOLUTIONS RND ORDINANCE5 ;
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OATE: June 29. 1981 i
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T0: Mayor George Latimer _ �
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FROM: Robert G. Peterson - Public Works I
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900 City Hall Annex ' !
RE: Improvement of Railroad Grade Crossing (City Project P-0811) � '
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ACTIOP� REQUESTED:
Authorize the City to enter aqreement with the Chicaqo and Northwestern I
Transportation C�pany to improve the grade crossinq on Plato Boulevard. I
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PURPOSE AND RATIONALE FOR TNIS ACTIQN: - ;
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� The Chicago and Northwestern Transportation Caaapany and the Public Works j
Department propose the attached agreement. This qrade croasinq improvement ;
is part of the approved 1981 CIB (Log No. 5-6603) . �
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FI NANCI AL I MPACT: . • i
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, . No financial impact.
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A7TACHMENTS: �
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Resolution �
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Copy of subject agreeraent �
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