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R2002-119 AUTHORIZING EXECUTION OF AGREEMENT
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R2002-119 AUTHORIZING EXECUTION OF AGREEMENT
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1/15/2016 3:31:34 PM
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Resolution/Ordinance
Res Ord Num
R2002-119
Res Ord Title
AUTHORIZING EXECUTION OF AGREEMENT - CSX TRANSPORTATION, INC. - 44TH STREET & U.S. ROUTE 36
Approved Date
7/1/2002
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in 23 CFR Section 140.900 et. seq. And 23 CFR Section 646.200 et. seq. The estimated cost of work <br /> and to be performed by RAILROAD is $119,598.33. Detailed estimates of the cost are attached and <br /> incorporated in this Agreement as Exhibit "B". CITY sha11 also reimburse RAILROAD for flagging <br /> service which may be necessary in connection with the project. Cost of such flagging service is <br /> estimated to be $450.00 per eight (8) hour day. The parties understand and agree that these are just <br /> estimates and that CITY shall reimburse RAILROAD for actual costs of the Project. <br /> CITY will deposit with RAILROAD $119,598.33, representing RAILROAD'S currently <br /> estimated costs, at the time of providing authority to proceed with the Project. In the event that <br /> RAILROAD anticipates costs in excess of amounts paid to RAILROAD under this Agreement, <br /> RAILROAD shall advise CITY of such excess and may suspend work if and to the extent it may <br /> otherwise incur costs in excess of CITY'S payments. At completion of the Project, RAILROAD will <br /> provide CITY with a final bill (in sets of two),reflecting the final cost (based on actual cost, including <br /> normal surcharges) and supporting documentation. If payments to RAILROAD exceed its costs, <br /> RAILROAD shall promptly repay such excess to CITY; if RAILROAD'S costs exceed CTTY'S <br /> payments, CITY shall promptly remit such excess amount to R.AILROAD. <br /> RAILROAD shall maintain, for a minimum of 5 years after the placement in service of the <br /> interconnection system, adequate books, records, and supporting documents to verify the amount, <br /> recipients, and uses of all disbursements of funds passing in conjunction with this Agreement; all <br /> such books, records, and supporting documents related to this Agreement shall be available for <br /> review and audit by CITY, and the RAILROAD agrees to cooperate fully with any audit conducted <br /> by CITY and to provide full access to all relevant materials. <br /> SECTION 6. The crossing interconnection system should be placed in service as soon as <br /> practicable after delivery to RAILROAD by CITY of CITY'S completion of the installation of its <br />
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