Agenda - Council - 10/24/2006 - Laserfiche WebLink

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and vacate the Easement Area occupied by the public road; (iii) permanently close the public road or otherwise restore the Easement Area to its condition prior to the construction of the Project. ARTICLE III — AGENCIES OBLIGATIONS In consideration of the covenants of RAILROAD set forth herein and the faithful performance thereof, AGENCIES agrees as follows: 1. AGENCIES must perform, at AGENCIES'S expense, the following work: a) Installation of a pavement marking stop bar in accordance with the Manual on Uniform Traffic Control Devices (hereinafter called, "MUTCD "). b) Installation of advance warning signs in accordance with the MUTCD. 2. The AGENCIES must provide BNSF in writing, the total cycle time required from the start of the preempt cycle of highway traffic control signals on Trunk Highway 10, until the arrival of the train at the highway - rail grade crossing. The Agencies must also provide documentation showing that Mn/DOT has approved the total cycle time. a) Agency or its contractor will place all necessary cable and conduit on Railroad property in accordance with Exhibit "A ", attached to and made a part of this Agreement. • b) The Agency or its contractor will connect the highway traffic control signals to the contact terminals in the interface box including all necessary cable and conduit c) The Agency or its contractor must install the new highway traffic control signals. `d) The Agency or its contractor must, at the Agency's expense, install the highway traffic control signals . up to and including connection to the contact terminals in the interface box including all necessary cable and conduit e) Following installation of the traffic control signals, the Agency will own, operate and maintain, at its expense, the highway traffic control signals up to and including connection to the contact terminals in the in the interface box including all necessary cable and conduit. 3. The AGENCIES will approve the location of the signals and signal bungalow prior to installation by RAILROAD. 4. 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 and the new crossing surface must be paid by the AGENCIES. 5. In the event the services of a consultant are needed after execution of this Agreement due to any exigency of the RAILROAD and the Project, the AGENCIES 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 AGENCIES as a part of the costs for the Project. 6. During the installation of the Crossing Signal Equipment and the new crossing surface, RAILROAD will send AGENCIES progressive invoices detailing the costs of the work performed by RAILROAD under this Agreement. AGENCIES must reimburse RAILROAD for completed force- account work within thirty (30) days of Form 0104 Rev. 10/04 •