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2 <br /> work may be performed by BNSF without prior approval of Agency and Agency agrees to fully reimburse <br /> BNSF for all such emergency work. <br /> 5. BNSF may charge Agency for its self-insurance expenses when such expenses cover the cost of <br /> Employer's Liability (including, without limitation, liability under the Federal Employer's Liability Act) in <br /> connection with the construction of the Project. Such charges shall comply with the Federal Highway <br /> Administration's allowable costs in effect at the time of billing and shall be considered part of the actual <br /> cost of the Project, regardless of the nature or amount of ultimate liability for injury, loss or death to <br /> BNSF's employees, if any. <br /> 6. BNSF shall send Agency periodic statements detailing the costs of the railroad work performed <br /> by BNSF. Agency shall thereafter promptly reimburse BNSF for completed force-account work. Upon <br /> completion of the Project, BNSF shall send Agency a detailed statement of final costs, segregated as to <br /> labor and materials for each item in the recapitulation shown on Exhibit B. <br /> ARTICLE III —AGENCY OBLIGATIONS <br /> IN CONSIDERATION of the covenants of BNSF herein set forth and the faithful performance thereof, <br /> Agency agrees as follows: <br /> 1. Agency shall furnish to BNSF plans and specifications for the Project. Four sets of said plans, <br /> together with two copies of calculations, and two copies of specifications in English Units, shall be <br /> submitted to BNSF for approval prior to commencement of construction. After mutual written approval of <br /> the plans and specifications by Agency and BNSF, said plans and specifications shall become part of this <br /> Agreement and are hereby incorporated herein. <br /> 2. Agency shall make any required application and obtain all required permits and approvals for the <br /> construction of the Project. <br /> 3. Agency shall provide for and maintain minimum vertical and horizontal clearances, as required <br /> and approved by BNSF as part of the plans and specifications for the Project. <br /> 4. Agency shall acquire all rights of way necessary for the construction of the Project. <br /> 5. Agency shall make any and all arrangements for the installation or relocation of wire lines, pipe <br /> lines and other facilities owned by private persons, companies, corporations, political subdivisions or <br /> public utilities other than BNSF which may be necessary for the construction of the Project. <br /> 6. Agency shall construct the Project as shown on the attached Exhibit A and do all work("Agency's <br /> Work") provided for in the plans and specifications for the Project, except railroad work that shall be <br /> performed by BNSF hereunder. Agency shall furnish all labor, materials, tools and equipment for the <br /> performance of Agency's Work. The principal elements of Agency's Work are as follows: <br /> (a) Construction of the Structure; <br /> (b) All necessary grading and paving; <br /> (c) Provide suitable drainage, both temporary and permanent; <br /> (d) Installation and maintenance of an 8-ft. high fence and/or concrete combination (throw <br /> fence) on the outside barrier of the Structure; Perform necessary engineering, grading, and <br /> staking for the Structure; <br /> (e) Furnish 330TF of 7 1/2' thick planking for the temporary protection of the tracks during construction. <br /> Railway to install planking and remove after construction is complete. <br /> 7 <br /> Form 0105 Rev. 1/30/03 <br /> 3 <br />