Agenda - Council - 06/26/2007 - Laserfiche WebLink

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5. BNSF may charge Agency for its .self- insurance expenses when such expenses cover the cost of Employer's Liability (including, without limitation, liability under the Federal Employer's Liability Act) in connection with the construction of the Project. Such charges will be considered part of the actual cost of the Project, regardless of the nature or amount of ultimate liability, injury, loss or death to BNSF's employees, if any. 6. During the construction of the Project, BNSF will send Agency progressive invoices detailing the costs of the railroad work performed by BNSF under this Agreement. Agency must reimburse BNSF for completed force - account work within thirty (30) days of the date of the invoice for such work. Upon completion of the Project, BNSF will send Agency a detailed invoice of final costs, segregated as to labor and materials for each item in the recapitulation shown on Exhibit B . Agency must pay the final invoice within ninety (90) days of the date of the final invoice. BNSF will assess a finance charge of .033% per day (12% per annum) on any unpaid sums or other charges due under this Agreement which are past our credit terms. The finance charge. continues to accrue daily until the date payment is received by BNSF, not the date payment is made or the date postmarked on the payment. Finance charges will be assessed on delinquent sums and other charges as of the end of the month and will be reduced by amounts in dispute and any unposted payments received by the month's end. Finance charges will be noted on invoices sent to Agency under this section. 7. BNSF agrees that it will, at its own expense, maintain the crossing surfaces within the limits of the ties; however, BNSF shall be entitled to receive any contribution toward the cost of such maintenance as may be now or hereafter made available by reason of any law, ordinance, regulation, order, grant or by other means or sources. ARTICLE III — AGENCY OBLIGATIONS IN CONSIDERATION of the covenants of BNSF herein set forth and the faithful performance thereof, Agency agrees as follows: 1. Agency must prepare all detail plans and specifications, including special provisions, for the Project and submit such plans and specifications to BNSF for its written approval prior to commencement of construction. The plans and specifications must be approved in writing by BNSF and by the Agency before any contracts are awarded by the Agency and before any work is performed by the BNSF. After mutual written approval of the plans and specifications by Agency and BNSF, said plans and specifications will become part of this Agreement and are hereby incorporated herein. All construction and work done by the parties under this Agreement shall be in accordance with the approved plans and specifications. 2. Agency must make any required application and obtain all required permits and approvals for the construction of the Project. Additionally, Agency must acquire all rights of way necessary for the construction of the Project. Any permits obtained for the BNSF will be at Agency's sole cost and expense 3. Agency must make any and all arrangements for the installation or relocation of wire lines, pipe lines and other facilities owned by private persons, companies, corporations, political subdivisions or public utilities other than BNSF which may be necessary for the construction r of the Project. 4. Agency must construct the Project as shown on the attached Exhibit A and the plans and specifications approved by BNSF and the Agency. Agency must . do all work ( "Agency's Work ") provided for in the plans and specifications for the Project, except railroad work that shall be performed by BNSF hereunder. Agency shall furnish all labor, materials, tools and equipment for the performance of Agency's Work. The principal elements of Agency's Work are as follows: At Grade Crossing Agreement without Signals 3 Form 010 ; Rev. 10/03 -340-