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1 CROSSING SURFACE INSTALLATION AGREEMENT 2 3, 4 Attachment A Minnesota Commercial Railway DALE STREET' DOT' NO.061369V 0� 5 This Crossing Surface Installation Agreement (hereinafter called., this "Agreement") is entered. 6 into effective as of 20111 by and. between City of Roseville (hereinafter called., 7 "Agency") and. Minnesota Commercial Railway (hereinafter called., the "Company""). 8 WHEREAS, Company operates a freight transportation system by rail with operations throughout 9 the state of Minnesota* and. 10 WHEREAS, Agency and. Company desire to replace the existing rail crossing surface at Dale 11 Street Just south of S. Owasso Boulevard. (hereinafter called. the "PrQ) ect Location") with a new concrete 12 surface; 13, NOW. THEREFORE I in consideration of the mutual covenants and. agreements of the parties 14 contained. herein, the receipt and. sufficiency of which is hereby acknowledged., the parties agree as 15 follows: 16 1. Company Work. The Company will install a new concrete and. rubber crossing surface for a width of 17 80 feet from the edge of the pavement on the West side of the tracks to the edge of the pavement on the 18 East side of the tracks. The new crossing surface will adequately cover all vehicular driving lanes at the 19 Prqject Location. The Company will perform all necessary track upgrades to accommodate the new 20 crossing surface. The Company will also remove and. relocate the existing crossing signal on the east side 21 of the PrQject Location. 22 2. Payment; Invoicing. Upon execution of this Agreement by both parties hereto, Company will send. 23, Agency an invoice detailing the total amount owed. by Agency for the new crossing surface. Company 24 shall send. to Agency a final invoice upon completion and. Agency shall pay the final invoice within 30 25 days of receipt. Upon Company's receipt of the materials and. supplies necessary for the installation of the 26 new crossing surface, Company will send. Agency an invoice detailing the total amount owed. by Agency 27 for the new crossing surface. 28 Agency agrees to pay Company the actual cost for the Company Work. Agency's ESTIMATED total 29 cost for the new crossing surface is Seventy Thousand two hundred thirty two dollars and 17/100 Dollars 30 ($70,232.17). Agency's ESTIMATED total cost for the signal relocation is Twenty Thousand one 31 hundred twenty six and 03/100 Dollars ($20,126.03) 3,2 3. Maintenance of the Crossing Surface. After installation of the new crossing surface is completed., the 33 Company will maintain, at its own cost and. expense, the crossing surface, against normal wear and. tear, 3,4 in a satisfactory manner for the expected. life of the crossing surface. Notwithstanding the preceding 3,5 sentence, the Company shall be entitled. to receive any contribution toward. the cost of such maintenance 36 made available by reason of any existing or future laws, ordinances, regulations, orders, grants, or other 3,7 means or sources, directly applicable to the crossing surface. 3,8 4. Vehicular Traffic during Installation. The Agency shall provide, at its own cost and. expense, all 3,9 necessary barricades, lights or traffic control devices for detouring vehicular traffic at the Dale Street 40 crossing during installation of the new crossing surface. Page I of 2