UNION PACIFIC RAILROAD COMPANY (2) - 2010

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BUILDING AMERICA' • Install 12 -inch LED flashing signal heads to replace existing 8 -inch light units; • Engineering, and • Flagging. SECTION 3. A. The work to be performed by the Railroad, at the City's sole cost and expense, is described in the Railroad's Signal Material Estimate dated May 10, 2009, in the amount of $60,333.00, marked Exhibit C, attached hereto and hereby made a part hereof (the "Estimate "). B. The Railroad, if it so elects, may recalculate and update the Estimate submitted to the City in the event the City does not commence construction on the portion of the Project located on the Railroad's property within six (6) months from the date of the Estimate. C. The City acknowledges that the Estimate does not include any estimate of flagging or other protective service costs that are to be paid by the City or the Contractor in connection with flagging or other protective services provided by the Railroad in connection with the Project. All of such costs incurred by the Railroad are to be paid by the City or the Contractor as determined by the Railroad and the City. If it is determined that the Railroad will be billing the Contractor directly for such costs, the City agrees that it will pay the Railroad for any flagging costs that have not been paid by any Contractor within thirty (30) days of the Contractor's receipt of billing. D. The City agrees to reimburse the Railroad for one hundred percent (100 %) of all actual costs incurred by the Railroad in connection with the Project including, but not limited to, actual costs of preliminary engineering review, construction inspection, procurement of materials, equipment rental, manpower and deliveries to the job site and all of the Railroad's normal and customary additives (which shall include direct and indirect overhead costs) associated therewith. SECTION 4. A. The City, at its expense, shall prepare, or cause to be prepared by others, the detailed plans and specifications and submit such plans and specifications to the Railroad's Assistant Vice President Engineering — Design, or his authorized representative, for review and approval. The plans and specifications shall include all Roadway layout specifications, cross sections and elevations, associated drainage, and other appurtenances. B. The final one hundred percent (100 %) completed plans that are approved in writing by the Railroad's Assistant Vice President Engineering— Design, or his authorized representative, are hereinafter referred to as the "Plans ". The Plans are hereby made a part of this Agreement by reference. C. No changes in the Plans shall be made unless the Railroad has consented to such changes in writing. D. Notwithstanding the Railroad's approval of the Plans, the Railroad shall not be responsible for the permitting, design, details or construction of the Roadway. Supplemental Public Road Xing Page 2 of 4 revised January 28, 2010 Form Approved, AVP -Law