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725-090-23 RAIL OGC - W03 Pape 3 of 5 (b) Federal Highway Administration 's Federal Aid-Highway Policy Guide , 23 C . F . R. Subchapter B , Part 140 , Subpart 1 ; and 23 C . F . R . Subchapter G , Part 646 , Subpart B , and any supplements thereto or revisions thereof, which , by reference hereto , are made a part hereof. The COMPANY further agrees to do all such work with its own forces or by a contractor paid under a contract held by the COMPANY , all under the supervision and approval of the DEPARTMENT and the Federal Highway Administration , when applicable . 10 . The DEPARTMENT hereby agrees to reimburse the COMPANY, as detailed in this Agreement, for all costs incurred by it in the adjustment of said facilities , in accordance with the provisions of the above indicated Reimbursement Policy , and any supplements thereto or revisions thereof. it is understood and agreed by and between the parties hereto that preliminary engineering costs not incorporated within this Agreement shall not be subject to payment by the DEPARTMENT . 11 . Attached hereto, and by this reference made a part hereof, are plans and specifications of the work to be performed by the COMPANY pursuant to the terms hereof, and an estimate of the costs thereof in the amount of $438, 868 . 00 All work performed by the COMPANY pursuant hereto , shall be performed according to these plans and specifications as approved by the DEPARTMENT, and the Federal Highway Administration , if federal aid participating ; and all subsequent plan changes shall likewise be approved by the DEPARTMENT and the Federal Highway Administration , when applicable . 1 12 . All labor, services , materials , and equipment furnished by the COMPANY in carrying out the work to be performed hereunder shall be billed by the COMPANY directly to the DEPARTMENT. Separate records as to costs of contract bid items and force account items performed for the COMPANY shall also be furnished by the COMPANY to the DEPARTMENT. 13 . The COMPANY has determined that the method to be used in developing the relocation or installation cost shall be as specified for the method checked and described hereafter: (a) Actual and related indirect costs accumulated in accordance with a work order accounting procedure prescribed by the applicable Federal or State regulatory body. (b) Actual and related indirect costs accumulated in accordance with an established accounting procedure developed by the COMPANY and approved by the DEPARTMENT. (c) An agreed lump sum of , as supported by a detail analysis of estimated costs attached hereto . ( NOTE : This method is not applicable where the estimated cost of the proposed adjustment exceeds $ 100 , 000 . ) 14 . The installation and/or adjustment of the COMPANY'S facility as planned Q will Q will not involve additional work over and above reimbursable requirements of the DEPARTMENT. ( if upgrading and/or nonreimbursable work is involved at the option of the COMPANY , then credit against the cost of the project is required and will be governed by the method checked and described hereafter) : ( a) % will be applied to the final billing of work actually accomplished to determine required credit for ❑ (betterment) and/or ❑ (expired service life) and/or ❑ (nonreimbursable segments) . ( b) All work involving nonreimbursable segments will be performed by special COMPANY work or job order number apart and separate from the reimbursable portion of the work; such work or job order number to be The COMPANY further agrees to clearly identify such additional work areas in the COMPANY'S plans and estimates for the total work covered by this Agreement. (c) credited for ❑ (betterment) and/or ❑ (expired service life) and/or ❑ (nonreimbursable segments) in accord with Article 13 . (c) hereinabove .