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1 UNION PACIFIC RAILROAD COWANY SIGNAL INTERCONNECT AGREEMENT Standard Form Approved: AVP -Law 10242006 BUILDING AUBWA- b). Railroad agrees to install the necessary relays and other materials required for interconnect at City's expense, as set forth in Article 2(d) below. c). Railroad hereby grants permission and authority to City and/or its contractor to install the conduit with the necessary wiring on Railroad right of way on the condition that City requires any of its contractors performing work on Railroad's property to enter into a Right of Entry Agreement with Railroad. City acknowledges receipt of a copy of the Right of Entry Agreement and understanding of its terms, provisions, and requirements, and will inform its contractor of the need to execute the agreement. Under no circumstances will City's contractor be allowed onto Railroad's premises without first executing the Right of Entry Agreement. d). The City agrees to reimburse the Railroad for one hundred percent (100 %) of Railroad's actual labor and material costs associated with the work and materials described herein. The Railroad estimates such cost to be ($218,309.00), as set for in Railroad's Material and Force Account Estimate dated September 9, 2011, marked Exhibit B, hereto attached and hereby made a part hereof. Within one hundred twenty (120) days after Railroad has completed its work, the Railroad will submit a final billing to City for any balance owed. City shall pay the Railroad within Thirty (30) days of its receipt of all bills submitted by the Railroad. ARTICLE 3 - CONSTRUCTION AND MAINTENANCE The City, at it's expense, shall furnish all labor, material, equipment and supervision for the installation and maintenance of highway traffic control signals at the intersection of Post Road and Uhland Road. ARTICLE 4 - PA In addition to the payment set forth in Article 1 D above, in consideration of City's agreement to perform and abide by the terms of this Agreement and the work to be performed by Railroad, City agrees to pay Railroad an administrative fee of ONE THOUSAND DOLLARS ($1,000.00) upon the execution of this Agreement. ARTICLE 5 - CONDITIONS a). Except as set forth in Article 6, City shall not be liable to Railroad on account of any failure of Railroad's flasher lights to operate properly nor shall Railroad have or be entitled to maintain any action against City arising from any failure from Railroad's flasher lights to operate properly. Similarly, Railroad shall not be liable to City on account of any failure of City's traffic signal to operate properly nor shall City have or be entitled to maintain any action against Railroad arising from any failure of City's traffic signal to operate properly. b). City reserves the right to cancel this agreement for any reason and at any time prior to Railroad proceeding with any part of the work outlined herein. c). Fiber optic cable systems may be buried on Railroad's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. City or its contractor(s) shall telephone the Railroad during normal business hours (7:00 am. to 9:00 p.m., Central Time, Monday through Friday, except holidays) at 1 -800- 336 -9193 (also a 24 -hour number, 7 day number for emergency calls) to determine if fiber optic cable is buried anywhere on Railroad's premises to be used by 2728 -37 City of San Marcos, TX Articles of Agreement March 6, 2012 Uhland Road Page 2 of 4