Resolution 2019-58 - Laserfiche WebLink

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Rio/IWAi' AGENCY a detailed invoice of final costs, segregated as to labor and materials for each item in the recapitulation shown on Exhibit "D". Pursuant to this section, AGENCY must pay the final invoice within ninety (90) days of the date of the final invoice. RAILROAD will assess a finance charge of 0� .03 3 /o per day (12% per annum) on any unpaid sums or other charges due under this Agreement which are past its credit terms. The finance charge continues to accrue daily until the date payment is received by RAILROAD, not the date payment is made or the date postmarked on the payment. Finance charges will be assessed on delinquent sums and other charges as of the end of the month and will be reduced by amounts in dispute and any unaposted payments received by the month's end. Finance charges will be noted on invoices sent to AGENCY under this section. 8. AGENCY must require its contractor(s) to notify BNSF's Roadmaster at least thirty (30) calendar days prior to requesting a BNSF flagman in accordance with the requirements of Exhibit C attached hereto. Additionally, AGENCY must require its contractor(s) to notify BNSF's Manager of Public Projects forty-five (45) calendar days prior to commencing work on BNSF property or near BNSF tracks. 9. Upon completion of the installation of the Crossing Signal Equipment, pursuant to 4 CCR 723m 7, 7301(a), the RAILROAD will operate and maintain the Crossing Signal Equipment up to the contact terminals in the interface box in good operating condition at the RAILROAD's expense for the life of the crossing. 10. RAILROAD will operate and maintain, at its expense, the necessary relays and the other materials required to preempt the highway traffic control signals with the grade crossing warning devices. The AGENCY or its contractor must, at the AGENCY'S expense, install the highway traffic control signals up to and including connection to the contact terminals in the interface box including all necessary cable and conduit. Following installation of the traffic control signals, the AGENCY will own, operate and maintain, at its expense, the highway traffic control signals up to and including connection to the contact terminals in the interface box including all necessary cable and conduit. 11. Notwithstanding the preceding provision, if any regulations, ordinances, acts, rules or other laws subsequently passed or amended by the AGENCY or any other appropriate governmental or legislative authority increase the AGENCY'S portion of maintenance costs under this Agreement, RAILROAD will receive the prospective benefit of any such regulations, ordinances, acts, rules or other laws, to the extent that such regulations, ordinances, acts, rules, or other laws apply to maintenance costs associated with existing Crossing Signal Equipment, and the AGENCY'S increased portion of maintenance costs will be incorporated into and made a part of this Agreement. 12. If a railway or a highway improvement project necessitates rearrangement, relocation, or alteration of the Crossing Signal Equipment installed hereunder, the costs for such rearrangement, relocation or alteration will be the responsibility of the party requesting such changes. 13. Unless at the time there exists an applicable federal or state law, rule or regulation that allocates responsibility for such costs, if any of the Crossing Signal Equipment is partially or wholly destroyed, then such repair and/or replacement costs must be distributed among the parties as follows: a) In the event either party's sole negligence destroys or damages the Crossing Signal Equipment, that party must reimburse the other party for the costs to replace or repair such Crossing Signal Equipment.