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ARTICLE I—SCOPE OF WORK <br /> I. The term "Project" as used in this agreement includes any and all work related to the <br /> installation of crossing signals and activation equipment at U.S. DOT crossings 082943) <br /> & 082944R, more particularly described on Exhibit "A" attached hereto and incorporated <br /> herein, including, but not limited to, any and all changes to telephone, telegraph, signal <br /> and electrical lines and appurtenances, installation of advance warning signs and <br /> pavement marking stop bars, installation of any new crossing surface, temporary and <br /> permanent track work, fencing, grading, alterations to or new construction of drainage <br /> facilities, preliminary and construction engineering and contract preparation. <br /> ARTICLE II—RAILROAD OBLIGATIONS <br /> In consideration of the covenants of AGENCY set forth herein and the faithful <br /> performance thereof, RAILROAD agrees as follows: <br /> 1. The RAILROAD will install the Crossing Signal Equipment at Main Street & Jackson <br /> Avenue. The work will be performed at AGENCY's expense and in accordance with the <br /> MUTCD. <br /> 2. A detailed estimate of RAILROAD'S construction engineering, installation labor <br /> (including the costs, if any, of electrical service from a public utility) and material costs <br /> required for the Project are attached hereto as Exhibit"C" and incorporated herein. In the <br /> event construction for the Project has not commenced within six (6)months following the <br /> effective date of this Agreement, RAILROAD may, in its sole and absolute discretion, <br /> revise the cost estimates set forth in said Exhibit "C". In such event, the revised cost <br /> estimates will become a part of this Agreement as though originally set forth herein. Any <br /> item of work incidental to the items listed on Exhibit "C" not specifically mentioned <br /> therein may be included as a part of this Agreement upon written approval of AGENCY, <br /> which approval will not be unreasonably withheld. <br /> 3. RAILROAD will furnish all labor, materials, tools and equipment for the railroad portion <br /> of the work required for the construction of the Project. <br /> 4. The RAILROAD will, at AGENCY'S expense, dispose of all scrap from the <br /> RAILROAD'S work hereunder. <br /> 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 <br /> Equipment. <br /> 6. Upon completion of construction of the Crossing Signal Equipment the RAILROAD <br /> shall invoice the AGENCY annually for the cost of maintenance of the additional active <br /> 2 <br />