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4. The RAILROAD will, at AGENCY'S expense, dispose of all scrap from the <br />RAILROAD'S work hereunder. <br />5. The RAILROAD will finalize and complete billing of all incurred costs under this <br />Agreement no later than 6 months following completion of Crossing. Signal Equipment <br />installation. <br />ARTICLE III — AGENCY OBLIGATIONS <br />In consideration of the covenants of RAILROAD set forth herein and the faithful <br />performance thereof, AGENCY agrees as follows: <br />1. AGENCY must perform, at AGENCY'S expense, the following work: <br />a) Installation of a pavement marking stop bar in accordance with the Manual on <br />Uniform Traffic Control Devices (hereinafter called, "MUTCD"). <br />b) Installation of advance warning signs in accordance with the MUTCD. <br />2. The AGENCY will approve the location of the signals and signal bungalow prior to <br />installation by RAILROAD. <br />3. The actual costs for engineering, materials and labor (including third party charges for the <br />installation of electrical service) associated with the installation of the Crossing Signal <br />Equipment must be paid by the AGENCY (including taxes, such as applicable sales and use <br />taxes, business and occupation taxes, and similar taxes) as shown in Exhibit C. <br />4. In the event the services of a consultant are needed after execution of this Agreement due <br />to any exigency of the RAILROAD and the Project, the AGENCY and the RAILROAD will <br />mutually agree, in writing, as to the selection of a consultant and the applicable scope of work to <br />be performed by such consultant. All work performed hereunder by any consultant and any <br />resulting costs must be paid by AGENCY as apart of the costs for the Project. <br />5. During the installation of the Crossing Signal Equipment, the RAILROAD will send <br />AGENCY progressive invoices detailing the costs of the work performed by RAILROAD under <br />this Agreement. AGENCY must reimburse RAILROAD for completed force -account work <br />within forty-five six (6) months of the date of the invoice for such work. Upon completion of the <br />Project, RAILROAD will send AGENCY a detailed invoice of final Project costs, segregated as <br />to labor and materials for each item in the recapitulation shown on Exlvbit "C". Pursuant to this <br />section, AGENCY must pay the final invoice within six (6) months of the date of the final <br />invoice. <br />3 <br />20B-13 <br />