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A-2019-161 INSURANCE NOT REQUIRED WORK NIAY PROCEED CLERK OF COUNCIL ;1"T`. SEP 2 5 2019 ©� V'r.h W GRADE CROSSING SIGNAL INSTALLATION AGREEMENT FPS Cl`^> BNSF File No.: BF10011783 Mile Post 176.30 Line Segment 7655 Dyer Road U.S. DOT Number 026711U Irvine Industrial Lead Subdivision THIS GRADE CROSSING SIGNAL INSTALLATION AGREEMENT (hereinafter called, "Agreement"), is executed to be effective as of 201_, by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California, herein represented and acting through its City Council (hereinafter called, "AGENCY"), and BNSF RAILWAY COMPANY, a Delaware Corporation (hereinafter called, "RAILROAD"). C1Y110D.Y.`I lY WHEREAS, in the interest of aiding vehicular travel and public safety, the AGENCY is undertaking a project to install railroad crossing signals and activation equipment at the Dyer Road crossing; WHEREAS, the Dyer Road crossing is located between Red Hill Avenue and Pullman Street at U.S. DOT crossing 026711U as indicated on Exhibit "A", attached hereto and incorporated herein; WHEREAS, the parties agree that the RAILROAD will receive no ascertainable benefit from the installation of advance warning signs, pavement marking stop bars or crossing signal equipment (hereinafter collectively called, "Crossing Signal Equipment"); WHEREAS, the AGENCY is paying for the acquisition and installation of items 8, 9 and 11 listed under the Construction Notes section of Exhibit `B-1", attached hereto and incorporated herein, said items are hereinafter collectively called "Crossing Signal Equipment" at Dyer Road crossing; WHEREAS, the RAILROAD agrees to purchase and install, at AGENCY'S sole expense, the said Crossing Signal Equipment described in the scope of work herein, and upon the terms and conditions set forth below;