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<br />Public Road Improvement 12104/00
<br />Estimated Costs
<br />Form Approved-A VP Law
<br />
<br />Improvements to Existing Public Road At Grade Crossing
<br />For Main Street, DOT 761253H
<br />M.P. 520.20, Santa Ana Industrial Lead, Los Nietos Subdivision
<br />Santa Ana, California
<br />
<br />
<br />TIDS AGREEMENT, executed in duplicate this I;l.. day of tlel-:200s' by
<br />and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation (hereinafter the
<br />"Railroad"), and CITY OF SANTA ANA, a municipal corporation of the State of California
<br />(hereinafter the "Political Body"), WITNESSETH:
<br />
<br />RECITALS:
<br />
<br />The Political Body has requested the Railroad to improve the existing Main Street crossing,
<br />at grade, along, over and across the Railroad's track and right of way at Mile Post 520.20, Santa
<br />Ana Industrial Lead, Los Nietos Subdivision, DOT No. 761253H, in City of Santa Ana, Orange
<br />County, California to which the Railroad is agreeable, but solely upon terms and conditions
<br />hereinafter set forth.
<br />
<br />AGREEMENT:
<br />
<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
<br />shall (a) remove the existing asphalt crossing, (b) install a 128 ft. precast concrete crossing, (c) field
<br />weld rail, (d) relay track at crossing with 136/# rail, (e) renew the crossties, and (0 surface the track
<br />with new ballast, all at the intersection of the Railroad's Santa Ana Industrial Lead with Main
<br />Street at Mile Post 520.20 in Santa Ana, Orange County, California.
<br />
<br />2. The Political Body agrees to reimburse the Railroad for fifty percent (50"/0) of
<br />Railroad's aetual labor and material costs assodated with the work and materials described in
<br />Section 1 above. The Railroad estimates such cost to be One Hundred Twenty Six Thousand Seven
<br />Hundred and Twenty Three Dollars ($126,723.00), as set forth in Estimate of Material and Force
<br />Account dated June 17,2005 marked Exhibit A, hereto attached. and hereby made a part hereof.
<br />During the performance of such work the Railroad will provide progressive billing to Political Body
<br />based on Railroad's actual costs. Actual costs to the Railroad shall include customary additives to
<br />materials, services and labor provided by the Railroad. Within 120 Days after Railroad has
<br />completed its work, the Railroad will submit a final billing to Political Body for any balance owed.
<br />Political Body shall pay the Railroad within thirty (30) days of its receipt of all bills submitted by
<br />the Railroad.
<br />
<br />3. The Railroad, at its cost, shall maintain the crossing between the track tie ends. If,
<br />in the future, the Political Body elects to have the surfacing material between the track tie ends
<br />replaced with paving or some surfacing material other than concrete crossing, the Railroad, at the
<br />Political Body's expense, shall install such replacement surfacing.
<br />
<br />4. The Political Body, at its sole cost and expense, shall provide traffic control,
<br />barricades, and all detour signing for the crossing work, provide all labor, material and equipment
<br />to install concrete or asphalt street approaches, and if required, will install advanced warning signs,
<br />and pavement markings in compliance and conformance with the Manual on Uniform Traffic
<br />Control Devices.
<br />
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