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Home My WebLink AboutBNSF Railroad Company - Grade Crossing Signal Installation McKensie St US DOT Crossing 028556YMlle Post 99877 Line Segment 7200 US DOT Number 028556Y yood mut mbJivaion GRADE CROSSING SIGNAL INSTALLATION AGREEMENT THIN GRADE CROSSING SIGNAL ENSTALLATION AGRE ENl'(hereLsflerediR •AgrtemenC), irtna d to be eRetliva as of3133 200,by and hasecom Ne Clly of Fresno, a Celifomiamunicipal Separation (hereinafter called, AGENCY'), and DNSF RAILWAY COMPANY, a Delaware Commission (hercinaftercalled."RAILROAD")i WHEREAS, in the interest of aitliog vehicular (ravel and public sats}, be AGENCY is undemking a prvjesto metal mihmtl crossing signals andanivatim occipital known as an additional Flmherand Gale; WHEREAS, Ne project McKenzie Steen 6located OU S. OUT columa 029556Y as managed an exhibit 'A'. attached hesno and Incorporated herein: WHEREAS, the paries agree Star Nis project will include mundane ofadvanm wamimlogns, pavement comma stop les or crossing signal equipment ha naan collectively tilled, "Crossing Signal Equipment): WHEREAS, Ne AGENCY is paying for Ne acquisition and installation of crossing signal equipment W McKenzie Strong WHEREAS, Has RAILROAD aglecs to Somehow and iinstall. Y AOENCN'S sole expect, the omssbg siyul equipment destroyed] In Ne scow ofwnrk herein, and upon the terms and considers set South below. NOW, IHEREFORF, N mnsideation of do, mutual rovesent and agreements of the pardist onmiimd herein. Ne receipt and sufficiency of which lie hereby eeknowledgaL the parties cart as follows: I. The term "Fab used in Nu agreement includes any and all work bared to We maallatian of raising signals and talisman equipment at U.S. DOlcrossing N8556Y, more pNicdarly desvlbed on ExbibW A and B attached M1ttmo and incorporated herein, including, bin uta limited to, my and all changes to Rlephonc, telegraph , signal and elecarsal lines and appatenance; inatillation of advance warning signs and pas'ement marking sop baa, installation of any new messing enhance, hcmagw ry and permanent track work, firing, PRding, Anomalous to or new consecration of drainage facilites, pmRmNany and announcement englnecdng and wntan preparation. In consideration of the wvewnu of AGENCY set Sol hcmin and sites faiNfW p aramauce O mor. RAILROAD agrees as Follows'. I. The RAI LROAD will, using ne own labor forces order applicable Inner uncommon, install Ne Crawling Signal Equipment at McKenzie Shown. I be soh will he performed at AGENCY'S expae antl as accordance with Nc Moaned on Uniform TnRc Conrad Devices (MreinMec called 'Mr f izff) and the plans and specifications Approved by AGENCY and the Federal Noway Adminimuion. The plans and specifications arc surged! he Nis Agreement as Exhibit "R' and morpro nedmusic. I A musical estimate of RAILROAD'S construction engineering, installation labor (including Ne casts, if any, of electrical service boom a public carry) and mverial casts required for the Project art named human on Exhibit C" and incorpomtM herew. In Ne event construction for the Project box not commenced within six (6) months fallowing the negative date of This Agreement, RAILROAD may, in its role and shwlate disaelion mise the cast estimates set faith in said Exhibit "C', In such event, the revised room estimates rill become a part of Nie Agreement in though originally sa 0M area. Any item or"A mindenwl to the items listed on ExM1Lit Cr'"not clinometry mentioned therein may be Included is a pan of This Agreement upon wrnm appmvel of AGENCY, which approval will tout be consummately witracld 3. RAILROAD will fimisb all IeMp transit tw6 and equipment for The milrem portion of the work formed! for Ne mnswaiooaf me Project. { The RAILROAD w11L m AGENCY'S expense dispnm of all wrap from Ne RAILROAD'S work hereunder. S. The RAILROAD will final= and complete billing of all incurred cods, which shall be marked "final Invoice under Nia Agreement mm lawman me (I) year following installmion ofNe Croming Signal Equipment or cessation ofwork - ARTICLE 111—AGENCY OBLIGATIONS In mount of the accounts of RAILROAD snform herein and Ne kitheal perfurmmce thetear, AGENCY agrees as follows L AGENCY must ismarm,at AGENCY'S expense, The following wok: A) mandletion of a pavement making ship bar on accordnce with the NOTCD. IT) Installation of income warning signs in accortlarme with Ne MOTCD. 2. The AGENCY will approve the location of the dipole and sipai bungalow poor to indthater by RAILROAD. 3, Actual mets for engiaeaioR, materials and labor Generating third parry, charges for the installation of chemical servicel associated with Ne completion offer Coming Signal Equipment most be paid by me AGENCY, J. In Ne event the services of consultant are needed after "recall of Nis Agreement due to any exigency of no, RAILROAD and the Project, Ne AGENCY may select a mrtsWmnt in uncommon with AGENCY'S procurement games, All wok performed hereuMer by airy consulmnt and any resulting costs most be pod by AGENCY as army ofthe costs for the Project. 5. During the installation of the Pending Signal Equipment of. RAILROAD will said AGENCY pmgrective lamicesd ling the was of Ne wok parliament by RAILROAD under this Agreement AGENCY moatmim,rw RAILROAD far completed f amount work within thirt (30) days of Ne dale of the invoice for such work, Opno completion of Ne Project. RAILROAD will send AGENCY a dMi1N invoice of final cons, segregated as to labor and materials for each item In Ne recapitulate, shown on �i e, -CI. Pmmml to This Names, AGENCY most pay Ne final invoice coffee orrery (90) days of The date of the Grel invoice, RAIL ROAD will mews a finance change of .033% per day (IPA Per vmum) on any impaid more m ether charges duo Under this Agreement which are pan its credit terms The finance charge commuses aurae daily until Ne date anyone is received by RAILROAD, not Ne doe payment is made or me mate poarmarked no Ne payment Fiance charges will be assessed on delinquent sums and other changes as of Ne and arrive month and will M roomed by summer in dispu¢ and my unrested paymens received by IM1e month's coat Finance charges will be noted an invoicer t to AGENCY under this section. For consumer of extraction the time limits enactment by elected 911.Econsumer or the 6. The AGENCY must have advanced adroad earning warning signs and standard pavement markings or place at the coastal shown on Exhibit "A" (if The same sae required "a MUTCD) prior b We Resplanse of This Project by the AGENCY. the AGENCY avumes full impoospai4ry for the Trainrerse" of advanced warning signs and pavement markings and apes to hold ha rdesa and indemaify Ne RAILROAD for any steams, damages or losses, in whole or in part solved by or one In the AGENCY'S failure to maintain We advanced waning signs and marking} or other requirements of me MIITCO. ], The AGENCY most give RAILROAD'S Manager of public Projm minim nodtt to proceed wits The railroad por(mnof The woh after temp of necessary Goals forrhe Project . RAILROAD of not begin the minad work (inclu lung, w'ithotu limimtion, Frmumement ofsupplies, equiPmem ar matetlals) umLL vrtiTteo rmtia Ta proceN is received fiom AGENCY. g, Excluding confidential infOmtatiov, the AGENCY agrees to provide. an the BNSF Manager of Evidence Preservation, such Project duaum mosamn and records a are agreed to Moran Rhe ponies Including: my Project applications ansa loners of approval andar suboriinated marms(eg. PIT - 1240 To me tywvalecal any and if pavirsel Voucher foram requesting FHWA renomination leg. PN -20 or No naturally or any oder such Projm authorizations or funding events me RAILROAD may request fiom time to Nine. Such records wN be provided by The AGENCY m RAILROAD on a m rmallpagtation whedule or withw two 12) months after such records are geneamd or Too oi.N by Ne AGENCY. Section 130 Docuoemardom shall be provided to RAILROAD in one ofthe following mannmo Manager Evidrna Pmsmation 2600 Lou Menk Drive, AOB-3 For Worm, Texas 76131 Or EI¢nonically to Manger Evmdermce laregr ation Swelinlodidb sl_nB In consideration of the mutual covenants of No parties remained herein and the premises. Ne limits mutually gr las follows'. I. All mal memds of the RAILROAD pmalning as IM1e Project will be open to inspection and audit at any mvoneble time M representatives of Ne AGENCY (inalWmg Ne legislative audsor and fiscal anapsl ]or Ne AGENCY) fora period more (1) year fiom the date writhe Mel RAILROAD invoice minor Tho Agreement - 2. 2 Mars, Commodore, of IM1e insmllation of IM1e Crossing Slpal Equipment, the RAILROAD, w11E AT its wit cogs and expense operate and maintain the Cussing Sigrid Egnipment. 3. Norwithsmnding the preceding provision, if wary regulations, containers.we, rules o other hws subsequently passed or amended by the AGENCY or any other eppiopriulc governmental or Ngislmive authority Twoura, the AGENCY'S prefer of maintenance costs under Nis Agreement RAILROAD will receive the benefit of may such regulations, ordinanl ads. miss or other laws and Ne AGENCY'S increased portion of maintenance cogs will be Ncoryor ted into and mode a pan of Nis Agreement 4. If a railway or a highway improvement project rgcarimtes tevangemerv, rtlormar, or wimmumn of the Cresting Signal Equipment handed here soler. Ne costs for soh rtemngmanL rtlomion N- Managing will To me responsitiiliry of fix party rev ing such changes. s. If any or Ne Cm:iing Fgml Equipment is rapidly or wholly destroyed. then such repair and/or replacement coats moat redistributed among the ponies as rullows. a) In the evrnt the RAILROADole mgfisame denroys or damage. Ne Creeing Signal Equipment, RAEROAdD mus reimburse AGENCY torthe comet, replace mr spab yeah Crossing Signal Equipment. In the event me Crossing Signal Comment is damaged or destroyed by any other cause, AGENCY mus, at hs este cost and expense, replace or repair each finding Sigwl Equipment. 6. If Ne Crossing Slgnal Equipment insulted hereunder cannot through age, he maintained, or, by vittoe of its obsolescence, requires replacement me cast of maid aim of new classing signal equipment will be negotiated by me parties harem on me Imp; of the current Eedeml Aid Railroad Signal Pmgmm participation and applicable AGENCY u the time of such replacement is warmmed. ]_ This Agreement will inure to the bmefit of And Fe binding an the parties hereto, mete zurmmorq and assigns. I. In The event my paragraph compared in this Agreement or any item, part or term wiW n any particular panyaph is dnermined by a soon ofcampe¢mjurisdinion to be invalid or unenforceable, The validity ofthe remaining paragraphs or items will not be saftl and therights and obligation of he par ieswill be mweued and mmanord as ifmis Agreement did not contain that particular paragraph or item held to be invalid or unenforceable. 9. This Agreement may be sieved in vormidpars. any one serwhib will be does to he an origUal.the poems fuller agree mmany focsimle copy of a pony's sigtumre is valid and Finding to me sameextem ss an on'ginelsignaWr¢ In. Any notice respired or intended to he given to all petty under The terms of this Agteemem shall be in writing and shall M deemed to be duly given it Tailita mt petwrelly, oam'mined by facsimile lollowed bytelepbone confi,mmon of mreipa or wed by United Ruces registered or aNfied mail. by momis p sel rnum racim requestei addressed m the parry to which notice is to he given at The peness dams am fur on The signature page (If this Agreement or at such other puldreas as the parties may Ram time no time designate by wriven notice Notices carved by United Stats mail in the manner above dennh shall be domed sufficiently carved or given Ythe time of me mailing thereof. II- Asignmant rel This Assistant is personal ro RAILROAD and mere shall be no assignment by RAILROAD of its rights or obligations order this Agreement wi muttFe prior written approvalofthe Ciry Manage or his/her designee, Any atlemphd assigwtent by RAILROAD, is movements or nations. shall be null and void unless asa m od in writing by me City r1magefor his'ber desisna. Ed) RAILROAD two by agcy not or assist The payment of any monies due RAILROAD, cecept Ina suMidiary, parent or affiIiau of RAILROAD, Rom AGENCY under me terms of this Agreemen[ w my other idishmod, roipondoms) or emiry (acs). AGENCY renins The right to pay any and all monies. due RAILROAD directly m RAILROAD. Id. In inquiring the xrviees. required under this Agreement RAILROAD shall at all limes comply with all applicable laws of me tried Stares. me State of Caliromia and AGENCY, mid with all applicable regulations monomial by fdenL sate_ regional, or local administra ave and regulatory agencies, now m forte and as they may be mined, issued, or amended timing the term of thisAgreement. IJ: no waiver by either parry of a breach by We Omer of my prevision of this Agreement shall not comtiwua mnunumg w rver or a walver of any subsequent breach of either the same Or a diR cat provision of this Agreement No provisions of this Ammonites may lu winged unless in writing and signed by all parties to this Agreement Waiver of any more provision herein shall not he deemed to 4awaiverufany other provision berme. 14. This Agreemem shall be govemN by. ard m^rimed and en(anNin aeoordance with the law, Afthe gnaw of California, exclWing, however, any conflict of laws rale which would apply the law of another juriFdictiM. Venue ter, humorous of the filing oferm tylion regarding the enfrtement or interpretation crime agreement and any tights and duties hereunder shall be in the Stew of California as authorized by the laws cfCalibirma. 15. The parties acknowledge that this Agreement in its foal now is Ne result of be combined dfrR of the Modica and Our, should any provision ofthis Agreement be Mound to ber contiguous in. any way. such ambiguity mall not be resolved by camoraing his Atinsomera in favor ol'of uppoon either parry, bus duties by ransoming the terms in azrordal wit their genemlly accepted meaning. 16. Each exhibit and mwchntem referenced in this Agmement is. by she reference. incorporated into and made a pan at this Achtmment 17, In hes sof any conflict between the bade of shb Agreement and any Exh@iter Abashment hereto, she comes end condifos ofthe body of this Astranion shall control and oke coasts nm over Jct terms and conditions expressed within the Exhfn or Atuchmenf. Furthermore. any terms or conditions contained within any Exhibitor Attachment haemo which puryort to modify the allocation al berneen he ponies. provided for widum the body ofdus Agreement, shall be nun and void. is No remedy or election hereunder shal he deemMexclusive but shall, wherever possible, be emulative with all other remedies at law or In quity. to. 1M rights, Incomes. duties and obligations defwed within his Agreement ere mended for he spsMfm parties bemo re identified in We preamblc of this Agreement Notwithstanding a^yhing stated to Lou contrary In this A&eemen it is not intended hat any r ichu or mlertsu in hen is Agreement befit or flaw w he interest of any third names, 20. Each party eoknowledges that hey have read and fully wderswd the contents of this Agreement This Agreement represents the attire and imegmtM omeemem Monsoon We victims with oecen to the subtest matter herself and cop asedesell prior negotiations, wmesenutions or agreements, either wri um ar mal. This Agreement may bemodified only by vocrom'munnin m duly euWadud and Mutated by both AGENCY and RAILROAD_ IN WITNESS WHEREOF. IM1e paries he too have execute. this Aovemenl as of the day and year first aE9ve wrier. BNSF RAILWAY COMPANY By =Z\ ls R-. Ferranti Near '. Jo A A. ST I1- C` Title Nnu9 clpt PISUC P6a41i CITY OF FRESNO [ PrNhtl Name: X.ntl %• MD"�!<+� Title: A$iC'il d- QP%lZ,C 9444 avrve� ATTEST: REBECCA E. RLISCH CIN Cook / O / ey: 0 Puly 9 APPROVED AS TO FORM: JAMES C. SANCHU cin Attorney 7 brJoq ,-u By: 4 cSP. I+At,U Deputy Addresses: AGENCY: RAILROAD'. City ofFmno FIN SF Railway Clampany Asentiom[DavhIA.Clsnerys,Mangnf[ Attention John R. Stilley MI10 Fresno street 740 E. Cm NC, Dore Fresno, CA 93731 San Bemardino. CA 92408 Phone: ('359)6318804 Phone (909) 3964494 FAX 059)488-1045 FAX'190913864419 Exhibit "A" I Insert drnwine of crossing here] Ezhibit'H" Ihuctt plans and specifications dauiling Railroad's work] Exhibit "C" I INSERT ESTIMATE OF RAILROAD S COSIS IIERC FINISH DUMBARTON AND EnRIMMON NEEDED ON NEW PRECTEM 11M AFFORD INFIRM WAN B)AERUI ANNUAL USTATETIMSEEME I MONCHLYNTRAFROMITYCOSTENDnTIL 6102 .«. NNw� r .,.�sCOR .EA