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2008-442 (4)
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2008-442 (4)
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Last modified
5/16/2022 1:09:52 PM
Creation date
2/18/2016 2:50:57 PM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
04/04/1979
Control Number
2008-442
Entity Name
FEC Railway - Hobart Road reimbursement agreement
Subject
Received orig. document 5/20/08
Supplemental fields
SmeadsoftID
8309
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FORM 722-37 <br />7-77 <br />PAGE i OF 6 <br />services shall be shown in such a manner as will permit ready comparison with the approved plans and <br />estimates. Materials shall he itemized where they 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 />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'S 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 indicated Reimbursement 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 to the <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 bill rendered, pay to COMPANY <br />the entire cost incurred by it in such removal and restoration, provided such costs are accrued as <br />specified in Paragraph 8. <br />18. 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, 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, agents 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 right to. <br />(a) Modify turning radafi in Railway Right of Nay as shown on attache <br />plans and by this reference made part of the agreement. <br />(b) Construct endwalls S-27. 5-300 5-31 and 5-32 according to Department's <br />Index D.S.E.-01 in Railway Right of Way per attached plans. <br />(c) install 69' of 24" R.C.P. across roadway and parallel to tracks in <br />Manner satisfactory to your Division Engineer. <br />Paragraph 10 added prior to the execution by the parties hereto. <br />
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