Resolution 2019-58 - Laserfiche WebLink

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Snr diessAAltWAY ARTICLE I — SCOPE OF WORK 1. The term "Project" as used in this agreement includes any and all work related to the installation of crossing signals and activation equipment including the installation of preemption at U.S. DOT crossing 244798M, more particularly described on Exhibit "A" and Exhibit "D", including, but not limited to, any and all changes to telephone, telegraph, signal and electrical lines and appurtenances, installation of advance warning signs and pavement marking stop bars, temporary and permanent track work, fencing, grading, alterations to or new construction of drainage facilities, preliminary and construction engineering and contract preparation. ARTICLE 11I -- -PAM I_c A I O LIGATIONS In consideration of the covenants of AGENCY set forth herein and the faithful performance thereof, RAILROAD agrees as follows: 1. Upon AGENCY's payment to BNSF of an administrative fee in the sum of Two Thousand and No/100 Dollars ($2,000), together with payment for the Easement (defined below) to be made pursuant to the terms of a mutually acceptable easement agreement between the parties substantially in the form of Exhibit B attached hereto, and provided further that AGENCY is in compliance with the terms and conditions of this Agreement, BNSF will grant to AGENCY, its successors and assigns, an easement (hereinafter called, the "Easement") to enter upon and use that portion of BNSF's rightaoffway as is necessary for the performance of AGENCY's obligations under this Agreement, The Parties agree that any construction of the Project on BNSF right of way may not proceed until a mutually acceptable easement agreement is executed between the Parties. 2. The RAILROAD will, using its own labor forces under applicable labor agreements, install the Crossing Signal Equipment. The work will be performed at AGENCY's expense and in accordance with the Manual on Uniform Traffic Control Devices ("MUTCD") and the plans and specifications approved by AGENCY. The plans and specifications are attached to this Agreement as Exhibit "A" and incorporated herein. 3. A detailed estimate of RAILROAD'S construction engineering, installation labor (including the costs, if any, of electrical service from a public utility) and material costs required for the Project are attached hereto as Exhibit "D" and incorporated herein. RAILROAD shall use commercially reasonable efforts to commence construction of the Project within six (6) months of the effective date of this Agreement. In the event construction for the Project has not commenced within six (6) months following the effective date of this Agreement, RAILROAD may, in its sole and absolute discretion, revise the cost estimates set forth in said Exhibit "D", In such event, the revised cost estimates will become a part of this Agreement as though originally set forth herein. Any item of work incidental to the items listed on Exhibit "D" not specifically mentioned therein may be included as a part of this Agreement upon written approval of AGENCY, which approval will not be unreasonably withheld, 4. RAILROAD will furnish all labor, materials, tools and equipment for the railroad portion of the work required for the construction of the Project. If required, BNSF will ensure an interface box is installed with contact terminals, at AGENCY's expense on the side of the railroad instrument cabin. 5. Buy America Provision - The requirements of 23 CFR §635.410 apply to the RAILROAD as part of this Agreement, except as provided in 23 CFR §140.908. RAILROAD shall not be required to change its existing standards for materials used in permanent changes to RAILROAD's facilities.