Laserfiche WebLink
g:\share\dallen\california\2938-13 public highway at grade crossing-030113.doc <br />construction on the portion of the Project located on the Railroad’s property within six (6) <br />months from the date of the Estimate. <br /> <br />C. The Political Body acknowledges that the Estimate does not include any <br />estimate of flagging or other protective service costs that are to be paid by the Political <br />Body or the Contractor in connection with flagging or other protective services provided by <br />the Railroad in connection with the Project. All of such costs incurred by the Railroad are <br />to be paid by the Political Body or the Contractor as determined by the Railroad and the <br />Political Body. If it is determined that the Railroad will be billing the Contractor directly for <br />such costs, the Political Body agrees that it will pay the Railroad for any flagging costs that <br />have not been paid by any Contractor within thirty (30) days of the Contractor's receipt of <br />billing. <br /> <br />D. The Railroad shall send progressive billing to the Political Body during the <br />Project and final billing to the Political Body within one hundred eighty (180) days after <br />receiving written notice from the Political Body that all Project work affecting the Railroad's <br />property has been completed. <br /> <br />E. The Political Body agrees to reimburse the Railroad within thirty (30) days of <br />its receipt of billing from the Railroad for one hundred percent (100%) of all actual costs <br />incurred by the Railroad in connection with the Project including, but not limited to, all <br />actual costs of engineering review (including preliminary engineering review costs incurred <br />by Railroad prior to the Effective Date of this Agreement), construction, inspection, flagging <br />(unless flagging costs are to be billed directly to the Contractor), procurement of materials, <br />equipment rental, manpower and deliveries to the job site and all direct and indirect <br />overhead labor/construction costs including Railroad's standard additive rates. <br /> <br />Section 9. PLANS <br /> <br /> A. The Political Body, at its expense, shall prepare, or cause to be prepared by <br />others, the detailed plans and specifications for the Project and the Structure and submit <br />such plans and specifications to the Railroad’s Assistant Vice President Engineering- <br />Design, or his authorized representative, for prior review and approval. The plans and <br />specifications shall include all Roadway layout specifications, cross sections and <br />elevations, associated drainage, and other appurtenances. <br /> <br />B. The final one hundred percent (100%) completed plans that are approved in <br />writing by the Railroad’s Assistant Vice President Engineering-Design, or his authorized <br />representative, are hereinafter referred to as the “Plans”. The Plans are hereby made a <br />part of this Agreement by reference. <br /> <br />C. No changes in the Plans shall be made unless the Railroad has consented to <br />such changes in writing. <br /> <br />D. The Railroad's review and approval of the Plans will in no way relieve the <br />Political Body or the Contractor from their responsibilities, obligations and/or liabilities