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AGREEMENT FOR THE INSTALLATION OF FULL DEPTH CONCRETE CROSSING SURFACE MATERIAL ON THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY County Road 22 ON Twin Cities DMSION, DOT # 081384H AT Harwood, MP 31.65 This is a letter agreement wherein The Burlington Northern and Santa Fe Railway Company, hereinafter called Company, Agrees that the existing crossing surface at County Road 22 is to be removed and new full depth concrete crossing surface to be installed to a crossing surface length of 40' per track, for a total crossing surface length of 80'. 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 cuncrete crossing surface material including upgrades to the track to accommodate new concrete crossing surface material, to adequately include ail vehicular driving lanes. · 2) Tbe Agency will pay the Company $ 200 per foot for the total crossing surface length for work described above for a total cost of $16,000 3) The Company will order the concrete crossing surface material from a qualified supplier and after 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 crossing 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, ~au~, or by other means or sources. · 5) The Agency, at its own cost and expense, will provide all barricades, lights, flagmen or traffic control devices necessary for detouring vehicular la'affic at the crossing, during consU~ction of the crossing involved. 6) The Agency further agrees to allow the Company to drain the crossing area into existing Agency storm sewers, ff available, 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 thc tracks if there is more than one track. 8) The Agency agents or contractors to obtain Insurance as specified on Exhibit-"E" prior to the Agency, or its agents or contractors performing any construction work on thc Company's property. Flagman shall be required when working within 25' of the track. The Agency agents or cenWactors to contact BNSF local roadmaster to arrange for the flagman. Roadmaster Karen Horiszny at telephone number 701-795-1266. 9) Both parties agree to the requirements of Title VI of the Civil Rights Act of 1964, which by reference is made a pall 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/County State The Burlington Northern and Santa Fe Railway Company Title Assistant Director Public Projects Date Date