4.8. SR 04-03-2017 - Laserfiche WebLink

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CROSSING SURFACE INSTALLATION AGREEMENT BNSF File No.: BF10011067 Mile Post 38.468 Line Segment 25 U.S. DOT Number 082943J Staples Subdivision This Crossing Surface Installation Agreement (hereinafter called, this “Agreement”) is entered into effective as of _____________, 2017, by and between City of Elk River (hereinafter called, “AGENCY”) and BNSF Railway Company (hereinafter called, “BNSF”). WHEREAS, BNSF operates a freight transportation system by rail with operations throughout the United States and Canada; and WHEREAS, AGENCY desires to extend the existing concrete crossing surfaces at Main Street with a new concrete crossing surface; 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. BNSF Work. The Company will extend the crossing surface for a width of 8-feet on Main 1 and 16-feet on Main 2 in the railroad west direction from the edge of the pavement on the north side of the tracks [Main 1] to the edge of the pavement on the south side of the tracks [Main 2]. The new crossing surface will adequately cover all pedestrian traffic at Main Street. The Company will perform all necessary track upgrades to accommodate the new crossing surface. 2. AGENCY Work. AGENCY must construct the Project as shown on the attached Exhibit A and do all work (“AGENCY’s Work”) provided for in the plans and specifications for the Project, except railroad work that will be performed by BNSF hereunder. AGENCY must furnish all labor, materials, tools and equipment for the performance of AGENCY’s Work. The principal elements of AGENCY’s Work are as follows: (a) Design and Construction of Main Street sidewalk improvements; (b) Installation of any pavement markings in accordance with the Manual on Uniform Traffic Control Devices (hereinafter called, “MUTCD”); (c) Installation of advance warning signs in accordance with the MUTCD; (d) Perform all necessary grading and paving, including backfill of excavations and restoration of disturbed vegetation on BNSF’s right-of-way; (e) Provide suitable drainage, both temporary and permanent;