2015/05/06 Council Agenda Packet

I the cost estimates set forth in said Exhibit D. In such event, the revised cost estimates will become a part of this Agreement as though originally set forth herein. Any item of work incidental to the items listed on Exhibit D not specifically mentioned therein may be included as a part of this Agreement upon written approval of Agency, which approval will not be unreasonably withheld. Construction of the Project must include the following railroad work by BNSF: (a) Procurement of materials, equipment and supplies necessary for the railroad work; (b) Preliminary engineering, design, and contract preparation; (c) Furnishing of flagging services during construction of the Project as required and set forth in further detail on Exhibit C, attached to this Agreement and made a part hereof; (d) Furnishing engineering and inspection as required in connection vtito UM co struction of the Project; i 2 (e) Removal of the existing Avenue at-grade'crossing .1')o re la al of the automatic warning devices, and obliteration of the crossi•• bet e=I tii`- rails 41 u two feet outside thereof['OPTIONAL, insert this provision if =;P_ sa ,1 1 (f) Providing a contract project coordinator, at A encys .expe s- to set`v as a project manager for the Project; and i / (g) Construction of a temporary pedestrian a • .•e crossing .and installation of automatic warning devices r***OPTIONAL, inser this p'a,0, ;ion if ne• sary]. \ • 3. BNSF will do all railroad work set forth i..A icle Ili,�ection �. ••IF'on an actual cost basis, when BNSF, in its sole discretion, determines it is:es filed by itsll1•o afire-a-nts to perform such work with its • own employees working under app'Tcable ao -eVk.baraaini •lq_ eem-w g•.\> 4. Agency agrees to reimburs-. o.4SF for •r.`of an emergency nature caused by Agency or Agency's contractor in connection with'`'d''roject w et BNSF deems is reasonably necessary for the immediate restoration of railro.•-operati• 4r for the • •otection of persons or BNSF property. Such work may be performed by o y S`A+ Iii gut priof .•.•roval of Agency and Agency agrees to fully reimburse BNSF for all such emerge c�vniork. •., ``� 5. BaSF y chargaf geiter'for iasu /nce expenses, including self-insurance expenses, when such exge es cover the cost otEmpl• ers Liability (including, without limitation, liability under the Federaployer's Liabilit Act t connection with the construction of the Project. Such charges will be conside d part of the ac at cos' • IN.'roject, regardless of the nature or amount of ultimate liability for injury, os or dea Jo :-F 'employees, if any. 6. During the construe1C1of the Project, BNSF will send Agency progressive invoices detailing the costs of the railroad work •e ormed by BNSF under this Agreement. Agency must reimburse BNSF for completed forcedaccoun`: ark within thirty (30) days of the date of the invoice for such work. Upon completion of the `rope , 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 D. Pursuant to this section and Article IV, Section 7 herein, 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 its 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. Form 0105 Rev.06/01/05 2f