Res 2013-095/Approving a Public Highway At-Grade Crossing Improvement Agreement with Union Pacific Railroad Company for Installation of a Quad Gate System at the Patton Street Crossing

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Union Pacific Railroad Company PUBLIC HIGHWAY AT -GRADE CROSSING IMPROVEMENT AGREEMENT Fukm Aonroved: AVRLaw BUILDING AMER" Exhibit A -1 Detailed Prints Exhibit B Railroad's Signal Material and Force Account Estimate Exhibit B -1 Railroad's Annual Signal Maintenance Estimate Exhibit C Railroad's Form of Contractor's Right of Entry Agreement Exhibit D General Terms and Conditions SECTION 2. The Railroad, at City's expense, shall furnish all labor, material, equipment and supervision for the Roadway improvements: • Install new exit gates & EGMS system in a new cabin with new remote, • Engineering, and • Flagging. SECTION 3. A. The work to be performed by the Railroad, at the City's sole cost and expense, is described in the Railroad's Signal Material and Force Account Estimate dated November 5, 2012, in the amount of, and not to exceed, $616,730.00, marked Exhibit B, attached hereto and hereby made a part hereof (the "Estimate "). The City will be billed by the Railroad for the actual Railroad costs incurred. B. The Railroad, if it so elects, may recalculate and update the Estimate submitted to the City in the event the City does not commence construction on the portion of the Project located on the Railroad's property within six (6) months from the date of the Estimate. C. The City acknowledges that the Estimate does not include any estimate of flagging or other protective service costs that are to be paid by the City or the Contractor in connection with flagging or other protective services provided by the Railroad in connection with the Project. All of such costs incurred by the Railroad are to be paid by the City or the Contractor as determined by the Railroad and the City. If it is determined that the Railroad will be billing the Contractor directly for such costs, the City agrees that it will pay the Railroad for any flagging costs that have not been paid by any Contractor within thirty (30) days of the Contractor's receipt of billing. D. The City agrees to reimburse the Railroad for one hundred percent (100 %) of all actual costs incurred by the Railroad in connection with the Project including, but not limited to, actual costs of preliminary engineering review, construction inspection, procurement of materials, equipment rental, manpower and deliveries to the job site and all of the Railroad's normal and customary additives (which shall include direct and indirect overhead costs) associated therewith. SECTION 4. A. The City, at its expense, shall prepare, or cause to be prepared by others, the detailed plans and specifications and submit such plans and specifications to the Railroad's Assistant Vice President Engineering — Design, or his authorized representative, for review and approval. The plans and specifications shall include all Roadway layout specifications, cross sections and elevations, associated drainage, and other appurtenances. 2786 -25 City of San Marcos, TX Page 2 of 5 revised April 17, 2013 Patton Street