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AGREEMENT FOR THE INSTALLATION OF FULL DEPTH CONCRETE CROSSING SURFACE MATERIAL ON THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY Co. 5 and 26 ON Dakota DIVISION, DOT # 071061K AT Erie, MP 3.93 This is a lette~ agreement wherein The Burlington Northern and Santa Fe Railway Company, hcr~mafter called Company, agrees that the existing c~ossing surface at Co. 5 and 26 is to be removed and new full depth concrete crossing surface to be installed to a crossing surface length of 48' per track, for a total crossing surface length of 48' . To accomplish this work, Cass County, hcrdmaftcr 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 cxossing surface ma~riai, to adequately include ail vehicular driv'mg lanes. 2) The Agency will pay the Company $300 per llneal foot for 32' of the crossing, and $1000perlinealfoot for 16' of the crossing for a total of $25,600 for work described above. 3) The Company ~fil order the concrete crossing surface material from a qualified supplier and after receipt or' 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 crossing surface in a satisfactory manner and will make ample provisions for such maintenance, provided, however, that the Company shall be entitled to rec~xve 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) The Agency, at its own cost and expense, will prox4de ail barricades, lights, flagmen or trafftc control devices necessury for detouring vehicular traffic at the crossing, during construction of the crossing involved. 6) The Agency further agrees to allow the Company to drain the crossing area into existing Agency storm sewers, if available, near the crossing. The drain pipes and filter fabric will be furnished and installed by the Company. 7) The Agency, further agrees to furaish and place, at their expense, asphait between the saw cut in the existing roadway surface and ~he new concrete cxossing surface, plus the area between the tracks if there is more than one track. 8) TheAgeacy agents or contractors to obtain lnsuranen as spe~ffied on Exhibit-"E" prior to the Agency, or its agents or contractors performing any construction work on the Courpany's property, l~lagman shail be required when working within 25' of the track. The Agency agents or contractors to contact BNSF local roadmaster to arrange for the flagman. Roadmaster John Ro~man Telephone number 701-837-6635. 9) Both purties agree to the requirements of Title VI of the Civil Rights Act of 1964, which by reference is made a part of this agreement. The work proposed above is agreeable to the Company under the terms and consideration stated herein. If this is satisfactory and agreeable to the Agency, please indicate concurrence in the space provided. City/Connty State The Burlington Northern and Santa Fe Railway Company Title Assistant Director Public Projects Date Date