4.15. SR 05-16-2016 - Laserfiche WebLink

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Mn/DOT Contract No: 1000938 STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION And CITY OFELK RIVER JOINT POWERS AGREEMENT State Project Number (S.P.):71-00126Original Amount Encumbered This Agreementis between the State of Minnesota, acting through its Commissioner of Transportation ("State") and City of Elk Riveracting through its City Council ("City"). Recitals 1.Main St.(USDOTNO. 082943J)and Jackson St. NW(USDOTNO. 082944R), as now established, crosses the track of the BNSF Railway at grade in Elk River, Sherburne County, MN, the location of the crossings shown on the attached print marked Exhibit A. 2.The State and the City desire the rail crossings at Main St. and Jackson St. NW be upgraded with flashing LED lights, gates, and constant warning circuitry in all four quadrants of eachintersection. 3.The State, pursuant to Minnesota Statute Section 219.26, has reviewed the proposed selectionof warning devices for the railroad grade crossing and has determined that the proposed selection is appropriate for said crossings. 4.Minnesota Statutes §161.20, subdivision2 (a) authorizes the Commissioner of Transportation to contract with railroad companies for the installation of safety devices at trunk highway-railroad crossings. 5.Minnesota Statutes §161.20, subdivision2(b)authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purposes of effectuating the provisions of Minnesota StatutesChapter 161. 6.The Citywill enter into a separate Signal Agreement with BNSF Railway for the installation of the four- quadrant gate systemand vehicle detection. 7.TheCityrequests the Stateparticipatein the costs of the four-quadrant signalsystem installations,and the State is willing to participate in the costs of said installationsand associated engineering. 8.Minnesota Statutes § 471.59 authorizes the State and City to enter into this Agreement. Agreement 1.Term of Agreement; Survival of Terms; Plans; Incorporation of Exhibits 1.1. Effective date.This Agreement will beeffective onthe date the State obtains all signatures required by Minnesota Statutes § 16C.05, subdivision 2. 1.2.. Expiration dateThis Agreement will expire when all obligations have been satisfactorily fulfilled. 1.3. Survival of terms.All clauses which impose obligations continuing in their nature and which must survive in order to give effect to their meaning will survive the expiration or termination of this Agreement, including, without limitation, the following clauses: 2.3.State Ownership of Improvements; 9. Liability; Worker Compensation Claims;11. State Audits; 12.Government Data Practices; 13.Governing Law; Jurisdiction; Venue; and 15. Force Majeure. 1.4. Plans, Specifications, Special Provisions.The placement of the signals must be in accordance with Part VIII of the Minnesota Manual on Uniform Traffic Control Devices (MMUTCD). The Company’s detailed -1- Payable Standard (Municipal Agreements)