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BUlI.D1NG AMER[G' <br /> • <br /> Exhibit C-1, <br /> it • Flagging Estimate dated October 1, 2007, in the amount of $11,250.00, marked Exhibit <br /> C-2, <br /> each attached hereto and hereby made a part hereof (collectively the "Estimate"). As set <br /> forth in the Summary Estimate, marked Exhibit C-3, attached hereto and by reference made <br /> apart hereof, the Railroad's combined estimated costs for the Railroad's work associated with <br /> the Project is ($98,842.00). <br /> B. The Railroad, if it so elects, may recalculate and update the Estimate submitted to the City in <br /> the event the City does not commence construction on the portion of the Project located on <br /> the Railroad's property within six (6) months from the date of the Estimate. <br /> C. The City acknowledges that the Estimate does not include other protective service costs that <br /> are to be paid by the City or the Contractor in connection with the Project. All of such costs <br /> incurred by the Railroad are to be paid by the City or the Contractor as determined by the <br /> Railroad and the City. If it is determined that the Railroad will be billing the Contractor <br /> directly for such costs, the City 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 /> D. The City agrees to reimburse 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, actual <br /> costs of preliminary engineering review, construction inspection, procurement of materials, <br /> equipment rental, manpower and deliveries to the job site and all of the Railroad's normal <br /> <br /> ~ and customary additives (which shall include direct and indirect overhead costs) associated <br /> therewith. <br /> ARTICLE 8 - SIGNAL MAINTENANCE. <br /> The City agrees to reimburse the Railroad the cost of future maintenance of the automatic <br /> grade-crossing protection within thirty (30) days of the City's receipt of billing. <br /> ARTICLE 9 - EFFECTIVE DATE: TERM. <br /> This Agreement shall. become effective as of the daze first herein written, or the date work <br /> commences on the Project, whichever is earlier, and shall continue in full force and effect until <br /> terminated as provided in this Agreement. <br /> Public Highway Crossing w/Highway Giant Articles of Agreement October 10, 2007 <br /> Form Approved, AVP-Law - 052/2006 Page 4 of 5 <br /> <br />