Resolution 2019-58 - Laserfiche WebLink

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S,_ '. RAIL WAY 6. The RAILROAD will, at AGENCY'S expense, dispose of all scrap from the RAILROAD'S work hereunder. 7. The RAILROAD will finalize and complete billing of all incurred costs under this Agreement no later than one (1) year following installation of the Crossing Signal Equipment. ARTICLE 111AGENCY Q!4q4JIONS In consideration of the covenants of RAILROAD set forth herein and the faithful performance thereof, AGENCY agrees as follows: 1. AGENCY must perform, at AGENCY'S expense, the following work: a) Installation of a pavement marking stop bar in accordance with the Application and the MUTCD. b) Installation of advance warning signs in accordance with the Application and the MUTCD. 2. The AGENCY will approve the location of the signals and signal bungalow prior to installation by RAILROAD in accordance with the Application. 3. The AGENCY has provided the RAILROAD the BNSF Preemption Worksheet attached hereto and made part of this Agreement as Exhibit E, which shows the total preempt cycle time from the start of the preempt cycle of highway traffic control signals until the arrival of the train at the highwayarail crossing. 4. AGENCY or its contractor will place all necessary cable and conduit on RAILROAD property, as approved by RAILROAD and in compliance with the BNSF Utility Accommodation Manual hupUwki$owkprnmunities/faqs/pdf/utilitv.pd',at the locations shown on Exhibit A, attached to and made a part of this Agreement. The AGENCY or its contractor will connect the highway traffic gwa y control signals to the contact terminals in the interface box including all necessary cable and conduit. The AGENCY or its contractor must install the new highway traffic control signals. 5. Actual costs for engineering, materials and labor (including third party charges for the installation of electrical service) associated with the installation of the Crossing Signal Equipment must be paid by the AGENCY (including applicable taxes, if any, such as applicable sales and use taxes, business and occupation taxes, and similar taxes). 6. In the event the parties agree that the services of a consultant are needed after execution of this Agreement due to any exigency of the RAILROAD and the Project, the AGENCY and the RAILROAD will mutually agree, in writing, as to the selection of a consultant and the applicable scope of work to be performed by such consultant. All work performed hereunder by any consultant and any resulting costs must be paid by AGENCY as a part of the costs for the Project. 7. During the installation of the Crossing Signal Equipment, RAILROAD will send AGENCY progressive invoices detailing the costs of the work performed by RAILROAD under this Agreement. AGENCY must reimburse RAILROAD for completed force account work within thirty (30) days of the date of the invoice for such work. Upon completion of the Project, RAILROAD will send