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AGREEMENT FOR THE INSTALLATION OF FULL DEPTH CONCRETE CROSSING SURFACE MATERIAL ON THE BURLINGTON NORTHERN AND SANTA lYE RAILWAY COMPANY Co. 26 ON Dakota DMSION, DOT # 081455C AT Hunter, MP 72.35 This is a letter agreement wherein The Burlington Northern and Santa Fe Railway Comnanv, hereinafter called Company, agrees that the existing erossing surface at Co. 26 istoberemovedandnewfulldepthconcretecrossingsurfacetobeinstalledtoacr°ssing surface length of 48' per track, for a total crossing surface length of 48' . To accomplish this work, Cass County, hereinafter called Agency, and the Company, agree as follows: 1) The work will be performed at the expense of the Company. Said work will consist of the installation of concrete crossing surface material including upgrades to the track to accommodate new concrete crossing surface material, to adequately include all vehicular driving lanes. 2) The Agency will pay the Company $300 per lineal foot for 40' of the crossmg, and $1000perllnealfoot for 8' ofthe crossing for a total of $20~000 for work described above. 3) The Company will order the concrete crossing surface material from a qualified supplier and al~er receipt of the material, the Agency will be billed on basis of Paragraph 2 above. 4) The Company, at its own cost and expense, will maintain the erossmg surface in a satisfactory manner and will make ample provisions for such maintenance, provided, however, that the Company shall be entitled to receive any contribution toward the cost of such maintenance as may be now or hereafter made available by reason of any law, ordinance, regulation, order, grant, or by other means or sources. 5) TheAgency, at its own cost and expense, willpr°videallbarricades'lights'flagmen°rtrafficcontr°ldevicesnecessaryf°r detouring vehicular traffic at the crossing, during construction of the crossing involved. 6) TheAgencyfurthcragreest~a~~~wtheCompanyt~drainthecr~ssingareaint~existingAgencyst~rmsewers~ifavai~ab~e~ near the crossing. The drain pipes and filter fabric will be furnished and installed by the Company. 7) The Agency, further agrees to furnish and place, at their expense, asphalt between the saw cut in the existing roadway surface and the new concrete crossing surface, plus the area between the tracks if there is more than one track. ~, 8) The Agency agents or contractors to obtain Insurance as specified on Exhlbit-"E" prior to the Agency, or its agents or contractors performing any cons~'uctien work on the Company's property. Flagman shall be reqmred when working w~thm 25 of th track ~ The Agency agents or contractors to contact BNSF local roadmaster to arrange for the flagman. Roadmaster ~ Telephone number 701-795-1266. 9) B~thpartiesagreet~therequirements~fTit~eV~~ftheCivi~RightsAct~f~964~whichbyreferenceis made a part of this agreement. The work proposed above is agreeable to the Company under the texms and consideration stated hereto. If this is satisfactory and agreeable to the Agency, please indicate concurrence in the space provided. City/County State The Burlington Norlhem and Santa Fe Railway Company Title Assistant Director Public Projects Date Date