CCP 08-26-2014 - Laserfiche WebLink

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CROSSING SURFACE INSTALLATION AGREEMENT Minnesota Commercial Railway, RIGHT -OF -WAY Stinson Blvd NE, Fridley/New Brighton DOT No. 463547W This Crossing Surface Installation Agreement {hereinafter called, this "Agreement"} is entered into effective as of Aug 15, 2014, by and between City of Fridley /City of New Brighton (hereinafter called, "Agency's ") and Minnesota Commercial Railway (hereinafter called, the "Company "). WHEREAS, Company operates a freight transportation system by rail with operations throughout the state of Minnesota; and WIIEREAS, Agency's and Company desire to replace the existing crossing surface at Stinson Blvd NE, Fridley with a new concrete surface; WHEREAS, Agency's agree this is a 50/50 agreement (each agency paying 50% of total cost); NOW, THEREFORE, in consideration of the mutual covenants and agreements of the parties contained herein, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Company Work. The Company will install a new concrete and rubber crossing surface for a width of 64 feet from the edge of the pavement on the West side of the tracks to the edge of the pavement on the Fast side of the tracks. The new crossing surface will adequately cover all vehicular driving lanes at Stinson Blvd.NE. The Company will perform all necessary track upgrades to accommodate the new crossing surface. 2. Payment; Invoicing. Upon execution of this Agreement by both parties hereto, Company will send Agency an invoice detailing the total amount owed by Agency for the new crossing surface. Company shall send to Agency a final invoice upon completion and Agency shall pay the final invoice upon receipt. Upon Company's receipt of the materials and supplies necessary for the installation of the new crossing surface, Company will send Agency's an invoice detailing the total amount owed by Agency's for the new crossing surface. Agency's agrees to pay Company, Seventeen thousand two hundred twenty dollars. ($17,220.00) for the new crossing surface. Agency's ESTIMATED total cost for the new crossing surface is $17,220.0+0. Agency's will owe $$,510.00 each. 3. Maintenance of the Crossine Surface. After installation of the new crossing surface is completed, the City will maintain, at its own cost and expense, the crossing surface, against normal wear and tear, in a satisfactory manner for the expected life of the crossing surface. Notwithstanding the preceding sentence, the Company shall be entitled to receive any contribution toward the cost of such maintenance made available by reason of any existing or future laws, ordinances, regulations, orders, grants, or other means or sources directly applicable to the crossing suuface. 4. Vehicular Traffic during Installation. The Agency shall provide, at its own cost and expense, all necessary barricades, lights or traffic control devices for detouring vehicular traffic at the Stinson Bivd.NE crossing during installation of the new crossing surface.