FULL PACKET_2019-09-17 - Laserfiche WebLink

Home Browse Search

6. The AGENCY must have advance railroad crossing warning signs and standard pavement markings hi place at the crossing location indicated on said Exhibit "A" (if the same are required by the MUTCD) prior to the acceptance of this Project by the AGENCY. The AGENCY assumes full responsibility for the maintenance of advance warning signs and pavement markings and agrees to hold harmless and indemnify the RAILROAD for any claims, damages or losses, in whole or in part, caused by or due to the AGENCY'S failure to maintain the advance warning signs and markings or other requirements of the MUTCD. 7. The AGENCY must give RAILROAD's Manager of Public Projects written Notice to Proceed with the railroad portion of the work after receipt of necessary funds for the Project and this agreement is executed by all parties. BNSF will not begin the railroad work (including, without limitation, procurement of supplies, equipment or materials) until written notice to proceed is received from Agency. 8. BNSF must give Agency a written notice of estimated project start for Agency coordination. This notice by no means executes BNSF start of construction and shall only be used for city coordination of construction. 10. The total amount to be expended under this Agreement by AGENCY is set forth on Exhibit C, which amount shall be subject to actual costs and expenses of BNSF. ARTICLE IV- JOINT OBLIGATIONS In consideration of the mutual covenants of the parties contained herein and the premises, the parties mutually agree as follows: 1. All cost records of the RAILROAD pertaining to said Project will be open to inspection and audit at any reasonable time by representatives of the AGENCY (including the legislative auditor and fiscal analyst for the AGENCY) for a period of one (1) years from the date of the final RAILROAD invoice under this Agreement. 2. Upon completion of the installation of said Project, the RAILROAD,'Mll at its sole cost and expense, operate and maintain the Crossing Signal Equipment. 3. Notwithstanding the preceding provision, if any regulations, ordinances, acts, rules or other laws subsequently passed or amended by the AGENCY or any other appropriate governmental or legislative authority increase the AGENCY'S portion of maintenance costs under this Agreement, RAILROAD will receive the benefit of any such regulations, ordinances, acts, rules or other laws and the AGENCY'S increased portion of maintenance costs will be incorporated into and made a part of this Agreement. 4. If a railway or a highway improvement project necessitates rearrangement, relocation, or alteration of the Crossing Signal Equipment installed hereunder, the costs for such 20B-14