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5. The RAILROAD will finalize and complete billing of all incurred costs under this <br />Agreement no later than one (1) year following installation of the Crossing Signal Equipment <br />and the new crossing surface. <br />ARTICLE III — AGENCY OBLIGATIONS <br />In consideration of the covenants of RAILROAD set forth herein and the faithful <br />performance thereof, AGENCY agrees as follows: <br />1. AGENCY must perform, at AGENCY'S expense, the following work: <br />(a) Design and Construction of 171" Street, 165th Avenue and Jarvis Street. <br />(b) Installation of a pavement marking stop bar in accordance with the Manual on <br />Uniform Traffic Control Devices (hereinafter called, "MUTCD"). <br />(c) Installation of advance warning signs in accordance with the MUTCD. <br />(d) Perform all necessary grading and paving, including backfill of excavations and <br />restoration of disturbed vegetation on BNSF's right-of-way; <br />(e) Provide suitable drainage, both temporary and permanent; <br />(f) Provide all barricades, lights, flagmen or traffic control devices as necessary, <br />during the installation of the concrete roadway and pedestrian crossing surfaces; <br />(g) Construct concrete sidewalk surface on approaches to each track, if desired; and <br />(h) Job site cleanup including removal of all construction materials, concrete debris, <br />surplus soil, refuse, contaminated soils, asphalt debris, litter and other waste <br />materials to the satisfaction of BNSF. <br />2. The AGENCY will approve the location of the signals and signal bungalow prior to <br />installation by RAILROAD. <br />3. Actual costs for engineering, materials and labor (including third party charges for the <br />installation of electrical service) associated with the installation of the Crossing Signal <br />Equipment and the new crossing surface must be paid by the AGENCY (including taxes, such as <br />applicable sales and use taxes, business and occupation taxes, and similar taxes). <br />4. In the event the services of a consultant are needed after execution of this Agreement due <br />to any exigency of the RAILROAD and the Project, the AGENCY and the RAILROAD will <br />mutually agree, in writing, as to the selection of a consultant and the applicable scope of work to <br />be performed by such consultant. All work performed hereunder by any consultant and any <br />resulting costs must be paid by AGENCY as a part of the costs for the Project. <br />3 <br />