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<br />A-2003--187 ~
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<br />Pablic Road Improvement 12/04/00
<br />F~etlm~efl COSTS
<br />Form Approved-AVP Law
<br />
<br /> Improvements to Existing Public Road At Grade Crossing
<br /> For Dyer Road, DOT 761683T
<br />M,P. 520.52 Santa Aha Industrial Lead, Los Nietas Subdivision
<br />Santa Aha, California
<br />
<br /> THIS AGREEMENT, exeeated in duplicate this ~_' _ day of ~p~r', 2003, by
<br /> and
<br />between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation (hereinafter the
<br />"Railroad"), and CITY OF Santa Aaa, a municipal corporation of the State of California (hereinafter the
<br />"Political Body"), W1TNESSETH:
<br />
<br />RECITALS:
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<br /> The Political Body hah requested the Railroad to improve the existing Dyer Road crossing, at
<br />grade, along, over ~ntt across the Railroad's track and right of way at Mile Post 520.52, Santa Aha
<br />Industrial Lead, Los Nietos Subdivision, DOT No. 761683T, in City of Santa Aha, Orange County,
<br />California to which the Railroad is agreeable, but solely upon terms and conditions hereina~er set forth.
<br />
<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:
<br />
<br /> 1. The Railroad shall furnish all labor, material, equipment and supervision for, and shall (a)
<br />remove the existing plank and asphalt crossing, Co) install a 120 t~. precast concrete crossing, (c) field
<br />weld rail, (d) relay track at crossing with 133# mil, (e) renew thc crossties, and (f) surface the track with
<br />new ballast, all at the intersection of the Railroad's Santa Aha Industrial Lead with Dyer Road at Mile
<br />Post 520.52 in Santa Aha, Orange County, California, ns shown generally on Railroad's prim dated June
<br />18, 2003, marked Exhibit A, hereto attached and hereby made a part hereof.
<br />
<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 seventy one Thousand seven Hundred and thirty five
<br />Dollars ($71,735), as set forth in Estimate of Material and Force Account dated June 24, 2003 marked
<br />Exhibit B, hereto attwzhed and hereby made a part hereof. During the performance of such work the
<br />Railroad will provide progressive billing to Political Body based on Railroad's actual costs. Actual costs
<br />to the Railroad shall include customary additives to mater'mls, services and labor provided by the
<br />Railroad. Within 120 Days after Railroad has completed its work, the RailroM will submit a final billing
<br />to Political Body for any balance owed. Political Body shall pay the Railroad within thirty (30) ~ay$ of
<br />its receipt of all bills submitted by the Railroad.
<br />
<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 thc 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.
<br />
<br /> 4. The Political Body, at its sole cost and expense, shall provide all labor, material and
<br />equipment to install concrete or asphalt sweet approaches, and if required, will install advanced warning
<br />signs, and pavement markings in compliance and conformance with the Manual on Uniform Traffic
<br />Control Devices.
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