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<br /> failure of the vehicle detection system to function as designed, BNSF shall notify the City and the City
<br /> shall immediately provide a flagman for each direction of motor vehicle traffic at the City's sole cost and
<br /> expense. If the City fails to immediately provide flagging services in accordance with the previous
<br /> sentence, BNSF shall have the right to provide such flagging services at the City's sole cost and expense.
<br /> For the duration of the time in which the vehicle detection system fails to function as designed, the train
<br /> horn shall be sounded as required by 49 CFR§234.106.
<br /> Agency shall pay to BNSF the Agency's share of the annual Inspection, Maintenance and Replacement
<br /> (Causality/Capital) costs for the following specific components of the Crossing Signal Equipment: (A)
<br /> "Exit Gates 3 or 4 Quad" = 9 AAR units per gate mech., (B) "Exit Gate timing/logic controller" = 10 AAR
<br /> units, (C) "Interconnection to road authority vehicle detection system", = 2 AAR units as invoiced pursuant
<br /> to Article II, Section 7 of this Agreement. Costs have been calculated per Crossing Signal AAR unit to
<br /> maintain highway/rail grade automated crossing warning systems. These costs are to be adjusted
<br /> annually and the Parties agree to review the AAR units to ensure their appropriateness every three years.
<br /> Cost Breakdown:
<br /> (a) Inspection/Maintenance of active warning device equipment:
<br /> (i) 3 Quad System = 2 exit gate mech's x 9 AAR units = 18, Exit gate timing/logic controller
<br /> (EGMS) = 10 AAR units, Interconnect to vehicle detection system = 2 AAR units, 3
<br /> vehicle detection loops = 6 AAR units. 18 + 10 + 2 + 6 = 36 AAR units total for 3 quad x
<br /> average cost of$177/unit= $6372 annually.
<br /> (ii) Inspection/Maintenance of systems includes all monthly inspections, and all trouble calls
<br /> requiring the equipment to also be inspected or gates replaced (excessive gate
<br /> replacement may be billed additional after a review is made by BNSF and Agency).
<br /> (iii) These costs will be billed to the Agency on an annual basis.
<br /> (b) Replacement(Causality/Capital) costs:
<br /> (i) Causality—Cost to replace the equipment due to an accident at the site causing damage
<br /> to the components.
<br /> (ii) Capital—Cost to replace the equipment due.to age. Life cycle of the equipment is based
<br /> on 20 years. Actual labor and material costs to be billed to the Agency.
<br /> 17. TO THE FULLEST EXTENT PERMITTED BY THE LAWS OF THE STATE OF WASHINGTON,
<br /> AGENCY HEREBY RELEASES, INDEMNIFIES, DEFENDS AND HOLDS HARMLESS BNSF, ITS
<br /> AFFILIATED COMPANIES, PARTNERS, SUCCESSORS, ASSIGNS, LEGAL REPRESENTATIVES,
<br /> OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS FOR, FROM AND
<br /> AGAINST ANY AND ALL CLAIMS, LIABILITIES, FINES, PENALTIES, COSTS, DAMAGES, LOSSES,
<br /> LIENS, CAUSES OF ACTION, SUITS, DEMANDS, JUDGMENTS AND EXPENSES (INCLUDING,
<br /> WITHOUT LIMITATION, COURT COSTS AND ATTORNEYS' FEES) OF ANY NATURE, KIND OR
<br /> DESCRIPTION OF ANY PERSON (INCLUDING, WITHOUT LIMITATION, THE EMPLOYEES OF THE
<br /> PARTIES HERETO) OR ENTITY DIRECTLY OR INDIRECTLY ARISING OUT OF, RESULTING FROM
<br /> OR RELATED TO (IN WHOLE OR IN PART) (I) THE USE, OCCUPANCY OR PRESENCE OF
<br /> AGENCY, ITS CONTRACTORS, SUBCONTRACTORS, EMPLOYEES OR AGENTS IN, ON, OR
<br /> ABOUT THE CONSTRUCTION SITE, (II) THE PERFORMANCE, OR FAILURE TO PERFORM BY THE
<br /> AGENCY, ITS CONTRACTORS, SUBCONTRACTORS, EMPLOYEES, OR AGENTS, ITS WORK OR
<br /> ANY OBLIGATION UNDER THIS AGREEMENT, (III) THE SOLE OR CONTRIBUTING ACTS OR
<br /> OMISSIONS OF AGENCY, ITS CONTRACTORS, SUBCONTRACTORS, EMPLOYEES, OR AGENTS
<br /> IN, ON, OR ABOUT THE CONSTRUCTION SITE, (IV) AGENCY'S BREACH OF THE TEMPORARY
<br /> CONSTRUCTION LICENSE OR EASEMENT GRANTED TO AGENCY PURSUANT TO ARTICLE II OF
<br /> THIS AGREEMENT, (V) ANY RIGHTS OR INTERESTS GRANTED TO AGENCY PURSUANT TO THE
<br /> TEMPORARY CONSTRUCTION LICENSE OR EASEMENT DISCUSSED IN ARTICLE II OF THIS
<br /> AGREEMENT, (VI) AGENCY'S OCCUPATION AND USE OF BNSF'S PROPERTY OR RIGHT-OF-
<br /> -7
<br /> IGHT-OF--7
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