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Wayside Horn-RCL Agreementf r BLAIR QUIET ZONE WAYSIDE HORN INSTALLATIONS — RCL AGREEMENT THIS AGREEMENT, made and entered into this day of Vic. 2014, by and between the City of Blair, Nebraska, a Municipal Corporation of the State of Nebraska, hereafter referred to as "City" and Railroad Controls Limited, hereinafter referred to as "RCL ". WHEREAS, the City desires to have installed and operational wayside horns at the 10 Street and 16 Street crossings of the UPRR for the purposes of establishing a quiet zone; and WHEREAS, the City solicited bids from the two firms currently providing such services; and WHEREAS, RCL is the apparent low responsible bidder for such services under payment terms described in Attachment A , subject to the Addendums described in Attachment B , otherwise in conformance with the Specifications described in Attachment C, the Contract Insurance Requirements in Attachment D ; and the Blair Quiet Zone Plans depicted in Attachment E. WHEREAS, the City desires to engage RCL to perform such services NOW, THEREFORE, in consideration of the mutual covenants and considerations herein contained, IT IS HEREBY AGREED by the parties hereto as follows: 1. The City employs RCL to perform the services hereinafter set forth. 2. Services. RCL represents that it is equipped, competent, and able to perform, and that it will perform all services hereinafter set forth in a diligent, competent, and workmanlike manner. RCL will perform all such services in accordance with the following provisions, incorporated into this Agreement as if set forth full herein: RCL Proposal and Payment Terms, attached hereto as Attachment A ; subject to the exceptions and interpretations contained in the specifically approved addendums of Attachment B , otherwise conforming to the Special Provisions, attached hereto as Attachment C , RCUs Insurance Certificate, attached hereto as Attachment D ; and the Plans attached hereto as Attachment E . If there are any conflicts between the attachments, the City's documents shall control. 3. Amount Not to Exceed. It is expressly understood that in no event will the total compensation to be paid to RCL under the terms of this contract for the services set forth in the Scope, and for reimbursement of authorized expenses, exceed the sum of ninety nine thousand eighty nine Dollars and eighty -one cents ($99,089.81) without a written agreement signed by the parties. If additional services are requested by the City, RCL will prepare and submit to the City an estimate of the total cost associated with such additional services. The City will review and approve in writing such cost estimate for additional services. The City will review and approve in writing such cost estimate for additional services and the total compensation to be paid by the City to RCL for such approved additional services shall not exceed the approved amount. 4. It is also expressly understood that the City is budgeting the funds this project in the fiscal year budget beginning October 1, 2014. Any services performed by RCL before October 1, 2014 shall not be reimbursed by the City. 5. The term of this Agreement shall be one (1) year from the date first written above. 6. This agreement shall be binding on the parties thereto only and after it has been duly executed and approved by RCL and the City. Railroad Controls Limited Signature Date f - 2, L, -/A r 1 C .. A 0 ) Print Title City of Blair, Nebraska