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2008-442 (3)
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2008-442 (3)
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Last modified
10/9/2016 12:43:20 AM
Creation date
4/21/2016 1:19:12 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
04/04/1979
Control Number
2008-442
Agenda Item Number
Received 5/20/2008
Entity Name
Florida East Coast Railway
Subject
Railroad Reimbursement Agreement Grade Crossing and Traffic Control
Area
Hobart Road
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FORM 722.3 <br /> 7-77 <br /> P^GE 6 OF <br /> services shall be shown in such a manner as will permit ready comparison with the approved plans and <br /> estimates. Materials shallbe itemized where represent major components of cost in the relocation <br /> following the pattern set out in the approved estimate as closely as is possible. Salvage credits from <br /> recovered and replaced permanent and recovered temporary materials shall be reported in said bills in <br /> relative position with the charge for the replacement or the original charge for temporary use. <br /> The final billing shall show the description and site of the Project; the date on which the first <br /> work was performed, or, if preliminary engineering or right-of-way items are involved, the date on <br /> which the earliest item of billed expense was incurred-,the date on which the last work was performed <br /> ed <br /> or the last item of billed expense was incurred;and the location where the records and accounts billed <br /> can be audited. Adequate reference shall be made in the billing to the COMPANY' records, accounts <br /> and other relevant documents. All cost records and accounts shall be subject to audit by a <br /> representative of the DEPARTMENT. Upon receipt of invoices, prepared in accordance with the <br /> provision of the above indicatedReimbursement Policy, the DEPARTMENT agrees"to reimburse the <br /> COMPANY in the amount of such actual costs as approved by the DEPARTMENT'S auditor. The <br /> DEPARTMENT shall retain ten percent from any progress payment,, <br /> 17. Should the use of said Crossing be abandoned, then all rights hereby granted to <br /> COUNTY shall thereupon cease and terminate and COUNTY will, as its sole cost and in a manner <br /> satisfactory to the COMPANY, remove said Crossing and restore. COMPANY'S property tot e <br /> condition previously found, provided that COMPANY may, at its option,remove the said Crossing and <br /> restore its property, and COUNTY will, in such event, upon hall rendered, pay to COMPANY <br /> the entire cost incurred by it in such removal d restoration, provided such costs are accrued as <br /> specified in Paragraph 8. <br /> lld. The COMPANY covenants to indemnify, defend, save harmless and; exonerate the <br /> DEPARTMENT of and from all liability, claims and demands arising out of the work undertaken by <br /> the COMPANY pursuant to this agreement,ent, due to the negligent_actions, delays or omissions done or <br /> committed by the COMPANY, its subcontractors, employees, agents or representatives; excepting, <br /> however, any loss, damage or injury arising out of or caused by the negligent actions, delays or <br /> omissions done or committed by the DEPARTMENT, its subcontractors, employees, ents or <br /> representatives, which loss, damage or injury shall be borne by the DEPARTMENT except as <br /> otherwise covered by bonds or insurance, <br /> 19. The COMPANY grants the DEPARTMENT the rightto <br /> (a) Modify turning radaii in Railway Righth; on attached <br /> plansand by this referenceagreement. <br /> Construct - gent' <br /> Index . ,-Ol in Railway Rightns <br /> 69' " R.C.P. <br /> manner satisfactory tos your DiViSion Engineer. <br />
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