Agenda - Council - 03/22/2005 - Laserfiche WebLink

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: signs and pavement markings and agre.~s to 'hold h ~armies~ and indemnify the RAILROAD for any claims, damages or losses, in whole or in part, caused I~/or'dUet° ~the AGENciEs's failure to maintain the advanced warning signs and markings or other requirements of~the MUTCD.. 8. The AGENCIES must give..~ilL~ ROAD'.~ Manager of Public Projects written notice to proceed with the rmkoad portion of the work after recell~t of necessary f-tm/ds for the Project· BNSF wall not begin the ralkoad work (including, without lim~tat!on, prOcurement of SUl~phes,~qmpment or materials) until written notice to proceed is received from AGENCIES~ ' " i ! ; i , . ARTICLE IV- JOINT OBLIGATIONS - In consideration of the mural c°venanis:of the parties contained herein and the premises, the parties mutually agree as follows: ~ ' ! ~ ! 1. All cost records of the RAIL{ROAD Per,a, ihingl tO the Project win be open tO inspection and audit at any reasonable time by representatives or'the AoENc~IES (~cludlng the legislative auditor and fiscal analyst for the AGENCmS) and the Federal Highwa~iAdmlnistrbt~0n:t%¢ a period of not less than three (3) years from the date of the f'mal RAILROAD invoice under thB Agreemen~t,: : ~'~ 2. Upon completion of the inst2~ll' ation of ~el Cros.sing Signal Equipment and the new crossing surface, the RAILROAD, will, at its solei&ost ande~Pense} Operate and maintain the Crossing Signal Equipment and the new crossing sUrface in pm~per condition. 3. Notwithstanding the preced~g pr°visign, ifI any regulations, ordinances, acts, rules or other laws subsequently passed or amended by ~ AGENCI[ES or ~m_Y other appropriate governmental or legislative authority increase the AGENCIES'S! port-ton ot~ ~!amten~nc~ costs ~tmder this Agreement, RAILROAD w~ll receive the benefit of any such regulations, ordinanceS~i actS,~ rul~ :or ~)iher laws and the AGENCIES'S increased portion of maintenance costs will be incorporated hate and mhde a pai't of this Agreement. 4. If a railway or a highway improvement project r~ecessitates rearrangement, relocation, or alteration of the Crossing Signal Equipme.nt or the n~W er°s8in~ SurfaC._e installed hereunder, the costs for such rearrangement, relocation or alteration wil[ be the resp~sibilit~ of. the p~ requesting such changes. 5. If any of the Crossing Sigt~ 1 Equipment ~is: Partially or wholly destroyed, then such repair and/or replacement costs must be distributed ~iin°ng the p~arties ~ fOllows: a) In the even~ .the RAIL$OAD!s! sOle negligence destroys or damages the Crossing Signal Equipment,}RAILRO -A~; :mu.qtireimburse AGENCIES for the costs to replace or repair Such Crossi~ signal;E!tuipmefit. b) In the event ...... the CrOssitig~ Slgnal~ Equipment is damaged or destroyed by any other cause, AGENCIEg}mus/;:at ils is01eI ~Ost and expense, replace or repair such Crossing Signal Equipment.i~ 6. If the Crossing signal Equipment installed her0tmder cannot, through age, be maintained, or, by virtue of its obsolescence, requires replacement~ !the cost eL insta,llation of new crossing signal equipment will be negotiated by the part/es hereto on the basis of t.~ current l~ederal Aid Railroad Signal Program participation and applicable AGENCIES signal warrants at the time ~of replacement. ' ~ Form 0104 Rev. 10/04