Laserfiche WebLink
warning devices located at each crossing in accordance with the formula set forth in <br /> Article III, Section 8 of this Agreement. The additional active warning devises to be <br /> installed are listed and described in Exhibit"A" attached hereto. <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. Installation of a pavement marking stop bar in accordance with the Manual on <br /> Uniform Traffic Control Devices (hereinafter called, "MUTCD"). <br /> b. Installation of advance warning signs in accordance with the MUTCD. <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 must be paid by the AGENCY (including taxes, such as applicable sales and <br /> use taxes, business and occupation taxes, and similar taxes) "as provided in 23 Code of <br /> Federal Regulations (Revised 2001) including, but not limited to, Parts 1, 140 , 172 and <br /> 646 (hereinafter called, "23 CFR")". <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 <br /> will mutually agree, in writing, as to the selection of a consultant and the applicable <br /> scope of work to be performed by such consultant. All work performed hereunder by any <br /> consultant and any resulting costs must be paid by AGENCY as a part of the costs for the <br /> Proj ect. <br /> 5. During the installation of the Crossing Signal Equipment RAILROAD will send <br /> AGENCY progressive invoices detailing the costs of the work performed by <br /> RAILROAD under this Agreement. AGENCY must reimburse RAILROAD for <br /> completed force-account work within thirty (30) days of the date of the invoice for such <br /> work. Upon completion of the Project, RAILROAD will send AGENCY a detailed <br /> invoice of final costs, segregated as to labor and materials for each item in the <br /> recapitulation shown on Exhibit "C". Pursuant to this section, AGENCY must pay the <br /> final invoice within ninety (90) days of the date of the final invoice. RAILROAD will <br /> assess a finance charge of.033% per day (12% per annum) on any unpaid sums or other <br /> charges due under this Agreement which are past its credit terms. The finance charge <br /> continues to accrue daily until the date payment is received by RAILROAD, not the date <br /> payment is made or the date postmarked on the payment. Finance charges will be <br /> 3 <br />