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Union Pacific Railroad Company <br />PUBLIC HIGHWAY AT -GRADE CROSSING IMPROVEMENT AGREEMENT <br />ii m Approved: AVP -Law <br />BUILDING AMERICA° <br />SECTION 14. SPECIAL PROVISIONS PERTAINING TO AMERICAN RECOVERY <br />AND REINVESTMENT ACT OF 2009. <br />If the City will be receiving American Recovery and Reinvestment Act ( "ARRA ") funding <br />for the Project, the City agrees that it is responsible in performing and completing all ARRA <br />reporting documents for the Project. The City confirms and acknowledges that Section 1512 of the <br />ARRA provisions applies only to a "recipient" receiving ARRA funding directly from the federal <br />government and, therefore, (i) the ARRA reporting requirements are the responsibility of the City <br />and not of the Railroad and (ii) the City shall not delegate any ARRA reporting responsibilities to the <br />Railroad. The City also confirms and acknowledges that (i) the Railroad shall provide to the City <br />the Railroad's standard and customary billing for expenses incurred by the Railroad for the Project <br />including the Railroad's standard and customary documentation to support such billing and (ii) such <br />standard and customary billing and documentation from the Railroad provides the information <br />needed by the City to perform and complete the ARRA reporting documents. The Railroad <br />confirms that the City and the Federal Highway Administration shall have the right to audit the <br />Railroad's billing and documentation for the Project. <br />SECTION 15. <br />The General Terms and Conditions marked Exhibit D, are attached hereto and hereby made a <br />part hereof. <br />SECTION 16. <br />Upon the execution of this Agreement, the existing Agreement between the Missouri, Kansas <br />and Texas Railroad Company and the City of San Marcos, dated May 15, 1980, identified as the <br />Railroad's Folder No. 2771 -47, UPRR Audit No. KT34997, shall terminate and the terms and <br />conditions of this Agreement shall govern the use, maintenance and repair of the Roadway. <br />IN WITNESS WHEREOF, the parties hereto have caused this Supplemental Agreement to <br />be executed as of the day and year first hereinabove written. <br />WITNESS: <br />UNION PACIFIC RAILROAD COMPANY <br />,_-7F��eral Tax ID #94- 6001323) <br />1 <br />PAUL <br />ARRELL <br />Baer - Contracts <br />CITY OF SAN MARCOS <br />B L Prin : 13-meS <br />Title: (1 <br />2786 -25 City of San Marcos, Tx Page 5 of 5 February 8, 2013 <br />Patton Street <br />