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~'~'. Public Road Improvement 12/04~0
<br /> Estimated Costs
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<br /> · Form Approved-AVP Law
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<br />A-2003-187A
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<br /> Improvemems to Existing Public Road At Grade Crossing
<br /> For Dyer Road, DOT 761684A
<br />M.P. 520.99 Santa Ann Industrial Lead, Los Nietos Subdivision
<br />Santa Ann, California
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<br /> THIS AGREEMENT, executed in duplicate this~ff7~/ day of .,~ 2003, by and
<br />between UNION PACIFIC RAILROAD COMPANY, a Delaware coq~orafion (hereinafter the
<br />"Railroad"), and CITY OF Santa Ann, a municipal cerpomtion oftbe State of California (hereinat~er the
<br />"Political Body"), WlTNESSETH:
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<br />RECITALS:
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<br /> The Political Body has requested the Railroad to improve the existing Dyer Road crossing at
<br />grade, along, over and across the Railroad's track and right of way at Mile Post 520.99, Santa Ann
<br />Industrial Lead, Los Nietns Subdivision, DOT No. 761684A, in City of Santa Am, Orange County,
<br />California to which the Railroad is agreeable, but solely upon terms and conditions hereinafter set forth.
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<br />AGREEMENT:
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<br /> NOW THEREFORE, in consideration of the premises and of the promises and conditions
<br />hereinafter set forth, the parties hereto agree as follows:
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<br /> 1. The Railroad shall furnish all labor, material, equipment and supervision for, and shall (a)
<br />remove the existing plank and asphalt crossing, (h) install a 80 f~. precast concrete crossing, (c) field weld
<br />rail, (d) relay track at crossing with 133//rail, (e) renew the erossties, and (f) surface the track with new
<br />ballast, all at the intersection of the Railroad's Santa Ann Industrial Lead with Dyer Road at Mile Post
<br />520.99 in Santa Ama, Orange County, California, as shown generally on Railroad's print dated June 18,
<br />2003, marked Exhibit A, hereto attached and hereby made a pan hereof.
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<br /> 2. The Political Body agrees to reimburse the Railroad for one hundred percent (100%) of
<br />Railroad's actual labor and material costs associated with the work and materials described in Section 1
<br />above. The Railroad estimates such cost to be fifty one Thousand nine Hundred and fifty two Dollars
<br />($51,952), as set forth in Estimate of Material and Force Account dated June 24, 2003 marked Exhibit B,
<br />hereto attached and hereby made a part hereof. During the performance of such work the Railroad will
<br />provide progressive billing to Political Body based on Railroad's actual costs. Actual costs to the
<br />Railroad shall include customary additives to materials, services and labor provided by the Railroad.
<br />Within 120 Days after Railroad has completed its work, the Railroad will submit a final billing to
<br />Political Body for any balance owed. Political Body shall pay the Railroad within thirty (30) days of its
<br />receipt of all bills submitted by the Railroad.
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<br /> 3. The Railroad, at its cost, shall maintain the crossing between the track tie ends. If, in the
<br />future, the Political Body elects to have the surfacing material between the track tie ends replaced with
<br />paving or some surfacing material other than timber planking, the Railroad, at the Political Body's
<br />expense, shall install such replacement surfacing.
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<br /> 4. The Political Body, at its sole cost and expense, shall provide all labor, material and
<br />equipment to install concrete or asphalt street approaches, and if required, will install advanced warning
<br />signs, and pavement markings in compliance and conformance with the Manual on Uniform Traffic
<br />Coolxol Devices.
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