CONTRACT 3871 Vender Agreement3871_
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CROSSING SURFACE INSTALLATION AGREEMENT
BNSF RIGHT -OF -WAY
118`h STREET
DOT #: 028047C
MP 13.37
Harbor Subdivision
This Crossing Surface Installation Agreement (hereinafter called, this "Agreement ") is entered
into effective as of Jb/- _6' , 2008, by and between The City of El Segundo (hereinafter called,
"Agency ") and BNSF RAIMAY COMPANY (hereinafter called, the "Company ").
WHEREAS, Company operates a freight transportation system by rail with operations throughout
the United States and Canada; and
WHEREAS, Agency and Company desire to replace the existing crossing surface at
118`" Street with a new concrete and rubber crossing surface;
NOW, THEREFORE, in consideration of the mutual covenants and agreements of the parties
contained herein, the receipt and sufficiency of which is hereby acknowledged, the parties agree as
follows:
1. Company Work. The Company will install a new concrete and rubber crossing surface
for a width of 72 feet from the edge of the pavement to edge of pavement. The new crossing surface will
adequately cover all vehicular driving lanes at 118th Street/Avenue. The Company will perform all
necessary track upgrades to accommodate the new crossing surface.
2. Payment; Invoicing. Upon execution of this Agreement by both parties hereto,
Company will send Agency an invoice detailing the total amount owed by Agency for the new crossing
surface. Company shall send to Agency a final invoice upon completion and Agency shall pay the final
invoice within 30 days of receipt. Agency agrees to pay Company a fixed amount of seventy -five
thousand and No/ 100 Dollars ($75,000) for the new crossing surface.
3. Maintenance of the Crossing Surface. After installation of the new crossing surface is
completed, the Company will maintain, at its own cost and expense, the crossing surface, against normal
wear and tear, in a satisfactory manner for the expected life of the crossing surface. Notwithstanding the
preceding sentence, the Company shall be entitled to receive any contribution toward the cost of such
maintenance made available by reason of any existing or future laws, ordinances, regulations, orders,
grants, or other means or sources.
4. Vehicular Traffic during Installation. The Agency shall provide, at its own cost and
expense, all necessary barricades, lights or traffic control devices for detouring vehicular traffic at the
118th Street crossing during installation of the new crossing surface.
5. Drainage. The Agency agrees to allow the Company to drain water from the 118th
Street crossing area into existing Agency storm sewers, if such storm sewers are available. Drain pipes
and filter fabric necessary for such drainage will be furnished and installed by the Company.
6. Term. This Agreement begins on the effective date set forth above and remains in effect
until completion of all work contemplated in this Agreement and Agency's payment of the amounts set
forth in Section 2 above.
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7. Prevailing Wages. In accordance with 45 U.S.C. §§ 151 -188, the Company need not
comply with Labor Code §§ 1720, et seq.
8. Independent Contractor. Agency and Company agree that Company will act as an
independent contractor and will have control of all work and the manner in which is it performed.
Company will be free to contract for similar service to be performed for other employers while under
contract with Agency. Company is not an agent or employee of Agency and is not entitled to participate
in any pension plan, insurance, bonus or similar benefits Agency provides for its employees. Any
provision in this Agreement that may appear to give Agency the right to direct Company as to the details
of doing the work or to exercise a measure of control over the work means that Company will follow the
direction of the Agency as to end results of the work only.
9. Governing Law. This Agreement has been made in and will be construed in accordance
with the laws of the State of California and exclusive venue for any action involving this Agreement will
be in State or Federal Court in Los Angeles County.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and
attested by its duly qualified and authorized officials as of the day and year first written above.
COMPANY:
BNSF RAILWAY COMPANY:
By:
Printed Na e: Melvin Thomas
Title: Manager Public Projects
AGENCY:
Citv of El Stu
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ATTORNEY
Ci� of El Segundo