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HomeMy WebLinkAboutCAG2003-0538 - Original - Union Pacific Railroad Company - Improvement of Existing Public Highway Crossing 74th Ave S - 06/09/2003 9 Agreement Number Improvement of Existing Public Highway Crossing At M P. 166 66—Seattle Subdivision 74"' Avenue South Kent, King County, Washington THIS AGREEMENT, made and entered into as of the y o 00 by and between UNION PACIFIC RAILROAD COMPANY, a Utah core anon (hereinafter the "Railroad") and the CITY of KENT, a municipal corporation of the State of Washington to be addressed at 400 West Gowe Street, Kent, Washington, 98032-5895 (hereinafter the"City"), WITNESSETH RECITALS. The City intends to install a traffic signal at the intersection of 74th Avenue S, 2nd West Willis Street (SR 516) To reduce the likelihood of a motorist being caught on the railroad tracks and impeded from moving off the tracks by vehicles stopped at the signal, the City desires that the Railroad install equipment to detect trains approaching the existing grade crossing with sufficient advance warning as to allow preemption of the traffic signals in Kent, Washington (hereinafter the "Project") The part of the City's Project that affects the Railroad is that portion of the right-of-way of the Railroad at Mile Post 166 66, Seattle Subdivision (hereinafter the "Crossing Area") shown outlined in heavy black line on the attached print dated February 24, 2003, marked Exhibit C. AGREEMENT NOW, THEREFORE, it is mutually agreed by and between the parties hereto as follows Article I WORK TO BE PERFORMED BY THE RAILROAD (a) The Railroad may make any and all changes, alterations or relocations, whether temporary or permanent, and may provide flagging and other protective services and devices, which in the Railroad's judgment may be or become necessary or expedient within the Railroad's right-of-way because of the Project. Such work shall include, without limitation, the installation of automatic warning devices as reflected on Exhibit A (b) The Railroad shall, at its sole cost and expense, maintain, repair, and replace the warning devices installed hereunder, PROVIDED, HOWEVER, that this provision shall not Articles of Agreement Page 1 of 13 negate the Railroad's eligibility for any further federal, state or local or other public funds that may become available for the maintenance of said devices (c) The City agrees to pay the Railroad the actual cost of the Railroad's work performed and materials supplied as hereinabove set forth, which is estimated to be One Hundred Eighty Seven Thousand Seven Hundred and Ninety Five dollars ($187,795 00) Actual costs to the Railroad include customary additives to materials and services provided by the Railroad as shown on Exhibit D, attached hereto and hereby made a part hereof Article II IF WORK IS TO BE PEFORMED BY CONTRACTOR If a contractor is to do any of the work performed on the Project (including initial construction and subsequent relocation or substantial maintenance and repair work), then the City shall require its contractor to execute the Railroad's form of the Contractor's Right of Entry Agreement and understanding of its terms, provisions, and requirements, and will inform its contractor of the need to execute the Agreement Under no circumstances will the City's contractor be allowed onto Railroad's premises without first executing the Contractor's Right of Entry Agreement Article III CERTIFICATE OF INSURANCE. (a) Before any work on the Premises begins, the City or its contractor/subcontractor (as defined in Section 5(a) of Exhibit B to this Agreement) will provide the Railroad with a Certificate issued by its insurance carrier providing the insurance coverage required pursuant to Exhibit 13-1 of this Agreement in a policy containing the following endorsement "Union Pacific Railroad is named as additional insured with respect to all liabilities arising out of Insured's performance of the work" (b) The City or its contractor/subcontractor WARRANTS that this agreement has been thoroughly reviewed by its insurance agent(s)/broker(s) and that said agent(s)/broker(s) has been instructed to procure insurance coverage and an endorsement as required herein Article IV. EFFECTIVE DATE, TERM This Agreement shall become effective as of the date first herein written, or the date work commences on the Project, whichever is earlier, and shall continue in full force and effect until terminated as herein provided Article V. AGREEMENT SUPPLEMENTARY. This Agreement is entered into pursuant to the terms of a December 16, 1970, agreement between the parties which obligates the City to bear the cost of railroad signal work necessitated by its highway improvements. This Agreement is supplementary to and does not terminate the December 16, 1970, agreement. Articles of Agreement Page 2 of 13 Article VI ADMINISTRATIVE HANDLING CHARGE. The City shall pay the Railroad an administrative handling fee of Five Hundred Dollars ($500 00) upon execution of this agreement IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in duplicate as of the date first herein written UNION PACIFIC RAILROAD COMPANY By cV,�y✓ �� �o Title 6NI ('1111►-rn " CITY OF I Ttt Its Pursuant to Resolution/Order dated (Seal) 3 ,-�0013 her attached. Articles of Agreement Page 3 of 13 EXHIBIT A Public Highway Crossing Section 1 CONSTRUCTION OF HIGHWAY (a) The City, at its own expense, will apply for and obtain all public authority required by law, ordinance, rule or regulation for the Project, and will furnish the Railroad upon request with satisfactory evidence that such authority has been obtained (b) Except as may be otherwise specifically provided herein, the City, at its own expense, will furnish all necessary labor, material and equipment, and shall construct and complete the highway and all appurtenances thereof The appurtenances shall include, without limitation, all necessary and proper highway warning devices (except those installed by the Railroad within its right-of-way), and all necessary and proper drainage facilities, guard rails or barriers, and right-of-way fences between the highway and the railroad tracks Upon completion of the Project, the City shall remove from the Railroad's property all temporary structures and false work, and will leave the Crossing Area in a condition satisfactory to the Railroad. (c) Except as may be specifically provided herein, the Railroad shall not be required to pay or contribute any part of the cost of the Project. If the Project is to be financed in whole or in part of Federal funds, all construction work by the City shall be performed, and any reimbursement to the Railroad for work it performs shall be made, in accordance with the applicable Federal acts, regulations, and this Agreement (d) All construction work of the City upon the Railroad's property (including, but not limited to, construction of the highway and all appurtenances and all related and incidental work) shall be performed and completed in a manner satisfactory to the Vice President-Engmeenng Services of the Railroad or his authorized representative and in accordance with detailed plans and specifications prepared by and at the expense of the City, and approved in writing by the Railroad's Vice President-Engineering Services. (e) All construction work of the City shall be performed diligently and completed within a reasonable time, and in any event within three (3) years from the effective date of this Agreement, or within such further period of time as may be specified in writing by the Railroad's Vice President-Engineering Services No part of the Project shall be suspended, discontinued or unduly delayed without the Railroad's written consent and subject to such reasonable conditions as the Railroad may specify It is understood that the Railroad's tracks at and in the vicinity of the work will be in constant or frequent use during progress of the work and that movement or stoppage of trains, engines or cars may cause delays in the work of the City The City hereby assumes the risk of any such delays and agrees that no claims for damage on account of any delay shall be made against the Railroad. (f) If the Project includes construction of a structure over which trains are to be operated, or for which the Railroad has any responsibility for maintenance, the City shall furnish Articles of Agreement Page 4 of 13 the Railroad permanent reproducible prints of all design and shop drawings as soon as possible after approval by the Vice President-Engineering Services of the Railroad or his authorized representative Upon completion of construction, the City shall furnish the Railroad two sets of "as constructed"prints and, in addition, upon request of the Vice President-Engineering Services of the Railroad, "as constructed" permanent reproducible prints of all or any portion of the structure Section 2. INJURY AND DAMAGE TO PROPERTY If the City, in the performance of any work contemplated by this Agreement or by the failure to do or perform anything for which the City is responsible under the provisions of this Agreement, shall injure, damage or destroy any property of the Railroad or of any other person lawfully occupying or using the property of the Railroad, such property shall be replaced or repaired by the City at the City's own expense, or by the Railroad at the expense of the City, and to the satisfaction of the Railroad's Vice President-Engineering Services Section 3 PAYMENT FOR WORK BY THE RAILROAD COMPANY. (a) Bills for work and materials shall be paid by the City promptly upon receipt thereof The Railroad will submit to the City current bills for flagging and other protective services and devices during progress of the Project The Railroad will submit final billing for flagging and other protective services within one hundred and twenty (120) days after completion of the Project, provided the City advises the Railroad of the commencement of the 120-day period by giving the Railroad written notification of completion of the Project (b) The Railroad may contract for the performance of any of its work by other than railroad forces. The Railroad shall notify the City of the contract price within ninety (90) days after it is awarded. Unless the Railroad's work is to be performed on a fixed price basis, the City shall reimburse the Railroad for the amount of the contract Section 4 MAINTENANCE (a) If the Project involves a grade crossing: The City shall, at its own sole expense, maintain, repair, and renew, or cause to be maintained, repaired and renewed, the entire Crossing Area, except the portions between the track tie ends, which shall be maintained by and at the expense of the Railroad. (b) If the Project involves a public highway crossing under the Railroad's tracks 1 The it shall ow( ) City , at its n sole expense, maintain, repair, and renew, or cause to be maintained, repaired and renewed, the entire substructure of the highway-railroad grade separation structure Articles of Agreement Page 5 of 13 (2) The Railroad shall, at its own sole expense, maintain and repair, or cause to be maintained and repaired, the entire superstructure of the highway- railroad grade separation structure (c) If the Project involves a public highway crossing over the Railroad's tracks, the City shall, at its own sole expense, maintain, repair and renew, or cause to be maintained, repaired and renewed, the entire highway-railroad grade separation structure. Section 5. SAFETY MEASURES PROTECTION OF RAILROAD COMPANY OPERATIONS. It is understood and recognized that safety and continuity of the Railroad's operations and communications are of the utmost importance; and in order that the same may be adequately safeguarded, protected and assured, and in order that accidents may be prevented and avoided, it is agreed with respect to all of said work of the City that the work will be performed in a safe manner and in conformity with the following standards: (a) Definitions- All references in this Agreement to the City shall include the City's contractors, subcontractors, officers, agents and employees, and others acting under its or their authority, and all references in this Agreement to work of the City shall include work both within and outside of railroad property. (b) Compliance with Laws The City shall comply with all applicable federal, state and local laws, regulations and enactments affecting the work The City shall use only such methods as are consistent with safety, both as concerns the City, the City's agents and employees, the officers, agents, employees and property of the Railroad and the public in general. The City (without limiting the generality of the foregoing) shall comply with all applicable state and federal occupational safety and health acts and regulations All Federal Railroad Administration regulations shall be followed when work is performed on the Railroad's premises. If any failure by the City to comply with any such laws, regulations, and enactments, shall result in any fine, penalty, cost or charge being assessed, imposed or charged against the Railroad, the City shall reimburse and indemnify the Railroad for any such fine, penalty, cost or charge, including without limitation attorney's fees, court costs and expenses The City further agrees in the event of any such action, upon notice thereof being provided by the Railroad, to defend such action free of cost, charge, or expense to the Railroad. (c) No Interference or Delays: The City shall not do, suffer or permit anything which will or may obstruct, endanger, interfere with, hinder or delay maintenance or operation of the Railroad's tracks or facilities, or any communication or signal lines, installations or any appurtenances thereof, or the operations of others lawfully occupying or using the Railroad's property or facilities. (d) Supervision. The City, at its own expense, shall adequately police and supervise all work to be performed by the City, and shall not inflict injury to persons or damage to property for the safety of whom or of which the Railroad may be responsible, or to property of the Railroad The responsibility of the City for safe conduct and adequate policing and supervision Articles of Agreement Page 6 of 13 of the Project shall not be lessened or otherwise affected by the Railroad's approval of plans and specifications, or by the Railroad's collaboration in performance of any work, or by the presence at the work site of the Railroad's representatives, or by compliance by the City with any requests or recommendations made by such representatives. If a representative of the Railroad is assigned to the Project, the City will give due consideration to suggestions and recommendations made by such representative for the safety and protection of the Railroad's property and operations (e) Suspension of Work- If at any time the City's engineers or the Vice President- Engineering Services of the Railroad or their respective representatives shall be of the opinion that any work of the City is being or is about to be done or prosecuted without due regard and precaution for safety and security, the City shall immediately suspend the work until suitable, adequate and proper protective measures are adopted and provided (f) Removal of Debris- The City shall not cause, suffer or permit material or debris to be deposited or cast upon, or to slide or fall upon any property or facilities of the Railroad, and any such material and debris shall be promptly removed from the Railroad's property by the City at the City's own expense or by the Railroad at the expense of the City The City shall not cause, suffer or permit any snow to be plowed or cast upon the Railroad's property during snow removal from the Crossing Area (g) Explosives The City shall not discharge any explosives on or in the vicinity of the Railroad's property without the prior consent of the Railroad's Vice President-Engineenng Services, which shall not be given if, in the sole discretion of the Railroad's Vice President- Engineering Services, such discharge would be dangerous or would interfere with the Railroad's property or facilities. For the purposes hereof, the "vicinity of the Railroad's property" shall be deemed to be any place on the Railroad's property or in such close proximity to the Railroad's property that the discharge of explosives could cause injury to the Railroad's employees or other persons. or cause damage to or interference with the facilities or operations on the Railroad's property The Railroad reserves the right to impose such conditions, restrictions or limitations on the transportation, handling, storage, security and use of explosives as the Railroad, in the Railroad's sole discretion, may deem to be necessary, desirable or appropriate In addition to any conditions, restrictions or limitations as may be specifically imposed. (1) Unless the Railroad's Vice President-Engineering Services agrees otherwise, the City shall provide no less than 48 hours' notice, excluding weekends and holidays, before discharging any explosives. (2) Any explosives loaded in holes or placed or otherwise readied for discharge on a day shall be discharged on the same day during daylight hours, and at mutually acceptable times (3) The City, at its own expense, shall take all precautionary measures and construct all temporary shelters necessary to guard against danger of damage, destruction or interference ansmg out of or connected with any Articles of Agreement Page 7 of 13 blasting or any transportation, handling, storage, security or use of explosives (4) The City shall require explosives to be transported, handled, stored or otherwise secured and used in a manner satisfactory to the Railroad and in accordance with local, state and Federal laws, rules and regulations, including, without limitation, United States Department of Labor, Bureau of Labor Standards, Safety and Health Regulations for Construction, 29 CFR Part 1518, Subpart U — `Blasting and the Use of Explosives", and Occupational Safety and Health Administration Occupational Safety and Health Standards, 29 CFR Part 1910, Subpart H—"Hazardous Materials". (h) Obstructions to View: Except as otherwise specifically provided herein, the City shall not cause or permit the view along the tracks of the Railroad to be obstructed, nor place any combustible material on the premises, nor erect any structures thereon If public law or regulation requires control or removal of weeds or vegetation on each side of the Crossing Area, the City will perform such control or removal work without expense to the Railroad, or if the City may not lawfully perform the control or removal work, reimburse the Railroad for the cost of performing such control or removal If the crossing is not equipped with automatic train activated warning devices with gate anus: (1) The City shall control or remove weeds and vegetation within and on each side of the Crossing Area so that the view of approaching motorists to approaching trains is not obstructed by weeds or vegetation; and (2) Insofar as it may lawfully do so, the City will not permit non-parties to construct sight obstructing buildings or other permanent structures on property adjacent to the right-of-way (1) Excavation- The City shall not excavate from existing slopes nor construct new slopes which are excessive and may create hazards of slides or falling rock, or impair or endanger the clearance between existing or new slopes and the tracks of the Railroad The City shall not do or cause to be done any work which will or may disturb the stability of any area or adversely affect the Railroad's tracks or facilities. The City, at its own expense, shall install and maintain adequate shoring and cribbing for all excavation and/or trenching performed by the City in connection with construction, maintenance or other work The shoring and cribbing shall be constructed and maintained with materials and in a manner approved by the Railroad's Vice President-Engineering Services to withstand all stresses likely to be encountered, including any stresses resulting from vibrations caused by the Railroad's operations in the vicinity 0) Drainage- The City, at the City's own expense, shall provide and maintain suitable facilities for draining the highway and its appurtenances, and shall not suffer or permit drainage water therefrom to flow or collect upon property of the Railroad. The City, at the City's own expense, shall provide adequate passageway for the waters of any streams, bodies of water and drainage facilities (either natural or artificial, and including water from the Railroad's culvert and drainage facilities), so that said waters may not, because of any facilities or work of Articles of Agreement Page 8 of 13 the City, be impeded, obstructed, diverted or caused to back up, overflow or damage the property of the Railroad or any part thereof, or property of others The City shall not obstruct or interfere with existing ditches or drainage facilities (k) Notice Before commencing any work, the City shall provide 48 hours prior notice (excluding weekends and holidays) to the Railroad's Manager-Track Maintenance (1) Fiber Optic Cables: Fiber optic cable systems may be buried on the Railroad's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. City shall telephone the Railroad at 1-800-336-9193 (a 24-hour number) to determine if fiber optic cable is buried anywhere on the Railroad's premises to be used by the City If it is, City will telephone the telecommunications company(ies) involved, arrange for a cable locator, and make arrangements for relocation or other protection of the fiber optic cable prior to beginning any work on the Railroad's premises Section 6 INTERIM WARNING DEVICES. If at anytime it is determined by a competent authority, by the City, or by agreement between the parties, that new or improved train activated warning devices should be installed at the Crossing Area, the City shall install adequate temporary warning devices or signs and impose appropriate vehicular control measures to protect the motoring public until the new or improved devices have been installed. Section 7. OTHER RAILROADS. All protective and indemnifying provisions of this Agreement shall inure to the benefit of the Railroad and any other railroad company lawfully using the Railroad's property or facilities Section 8. REMEDIES FOR BREACH OR NONUSE If the City shall fail, refuse or neglect to perform and abide by the terms of this Agreement, the Railroad, in addition to any other rights and remedies, may perform any work which in the judgment of the Railroad is necessary to place the highway and appurtenances in such condition as will not menace, endanger or interfere with the Railroad's facilities or operations or jeopardize the Railroad's employees; and the City will reimburse the Railroad for the expenses thereof Section 9 ASSIGNMENT SUCCESSORS AND ASSIGNS This Agreement shall not be assigned without the written consent of the Railroad Subject hereto, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their successors and assigns. Articles of Agreement Page 9 of 13 EXHIBIT B Public Road Insurance Requirements The City and/or its Contractor/Subcontractor shall, at its own and/or its Contractor's/Subcontractor's sole cost and expense, procure the following kinds of insurance and promptly pay when due all premiums for that insurance The Railroad Protective Insurance described in Paragraph D below only needs to be obtained and kept in force during the duration of construction or major reconstruction of the highway located on the Premises The other insurance coverage desenbed in paragraphs A, B and C below shall be kept in force by the City during the life of this Agreement A. General Public Liability insurance providing bodily injury, including death, personal injury and property damage coverage with a combined single limit of at least $2,000,000 each occurrence or claim and a general aggregate limit of $4,000,000. This insurance shall provide Broad Form Contractual Liability covering the indemnity provisions contained in this Agreement, Underground Hazard, Broad Form Property Damage, a waiver of governmental immunity (ISO Form GL 24 14 or equivalent), severability of interests and name Railroad as an additional insured with respect to all liabilities arising out of City's obligation to Railroad in the Agreement If coverage is purchased on a "claims made" basis it shall provide for at least a three (3) year extended reporting or discovery period, which shall be invoked should insurance covering the time period of this Agreement be cancelled. B. Automobile Public Liability insurance providing bodily injury and property damage with a combined single limit of at least $2,000,000 each occurrence or claim. This insurance shall provide contractual liability by endorsement ISO Form CA 00 25 or equivalent covering all motor vehicles including hired and non-owned, mobile equipment to the extent it may be excluded from general liability insurance, severabilrty of interests and name Railroad as an additional insured with respect to all liabilities arising out of City's obligation to Railroad in the Agreement. C Worker's Compensation insurance covering the statutory liability as determined by the compensation laws of the state(s) affected by this Agreement and Employers' Liability with a limit of at least $1,000,000 Also compliance with all laws of states which require participation in their state workers' compensation fund. D Railroad Protective Liability insurance naming Railroad as insured with a combined single limit of$2,000,000 per occurrence with a $6,000,000 aggregate. The policy fort shall be AAR-AASHTO with broad form coverage for"Physical Damage to Property" (ISO Foci GL 00 30) or as revised ISO-RIMA (Form CG 00 35) and include pollution arising out of fuels and lubricants brought to the job Articles of Agreement Page 10 of 13 site (ISO Form CG 00 35) and include pollution ansing out of fuels and lubricants brought to the job site (ISO Form CG 2831 or equivalent) If the Lloyd's London policy form is used, limits shall be $3,000,000 per occurrence with a $9,000,000 aggregate and the Extended Claims Made Date shall be determined by adding the length of the original policy period plus one year to the policy expiration date The City and/or its Contractor(s)/Subcontractor(s) hereby waive their right of subrogation, as respects the above insurance policy(ies), against Railroad for payments made to or on behalf of employees of City or its agents or its Contractor(s)/Subcontractor(s) and for loss of their owned or leased property or property under their care, custody and control while on or near Railroad's right-of-way or other real property. City's and/or its Contractor's Subcontractor's insurance shall be pnmary with respect to any insurance carried by Railroad. City and/or its Contractor(s)/Subcontractor(s) shall furnish to Railroad certificate(s) of insurance evidencing the required coverage and endorsement(s) and upon request a certified duplicate onginal of any of those policies The insurance company(ies) issuing such policy(les) shall notify Railroad in wasting of any material alteration including any change in the retroactive date in any "claims-made" policies or substantial reduction of aggregate limits, if such limits apply, or cancellation thereof at least thirty(30) days prior thereto The insurance policy(ies) shall a written by a reputable insurance company or companies acceptable to Railroad or with a current Best's Insurance Guide Rating of B and Class VII or better Such insurance company shall be authorized to transact business in the state(s) affected by this Agreement Articles of Agreement Page 1 I of 13 ri it lit jj ell n � i2 aIII ��� ��� ���e Vie> -®-�" I « m p If ,f r — =- g i I aA jig RXIS i N. E@ Ale,, m to p ygp° IIYY ,y r r i Bk8 I pull VY ® - O6lil ti •` 1 j I e imliff L7 ®®0 0� m 1 3 A ��^• 1111II .:1. -1 f 6 III a L }}II M V J/ LVI LVVL 14. UL JVJ-OfL-1 JVV VIA\It. JVI I . 1 JI\Il'.11 �1f-1181T � DATE 2002-09.19 ESTIMATE OF MATERIAL A17D FORCE ACCOUNT WOPK BY Tilt @LION PACIFIC RAILROAD CESCRIRTION OF WOP-K INSTALL GRADE CROSSING WAFJIING SYSTEMS AT WILLIS & JAMES STS IN KENT WA MP 1.65 66 6 167 24 aLSO A REMOTE AT MP. 165 81 ALL ON THE SEATTLE SUB SirlIAL PROJECT MNNA.GER M.L.JOENSON 465-6338 RAILROAD TO PERFOR."I ALL WORK / COST OISTRIBTTIED AS FOLLOWS SIGNAL - CITY OF KENT loot RECOLLECTIBLE PID 33127 AWO 33514 MP,SUBDIV 166 66, SEATTLE SERVICE UNIT 18 CITY KENT STATE WA DESCRIPTION QTY UNIT LABOR MATERIAL UCOLL UFPP TOTAL .......... ... .... ..... ........ ....... ..... ..... ENGINEERING WORK ENG:NEEP,ING 10153 10193 LoL°3 LABOR ADDITIVE 1384 16108 16105 16105 Sic-+-liy XNG 1478 1476 1478 ....... ........ ........ ........ ........ TOTAL ENGINEERING 27776 27776 27776 SIGNAL WORK RATL STORE CYFENSE 3150 3150 3150 S I CNAL E3001 63001 63001 BILL PFEF 900 900 900 :ONTRACT 6300 6300 6300 EQUIPMENT RENTAL 1000 1000 3000 FOREIGN LINE FREIGHT 1260 1260 126C LABOR ADDITIVE 138W 33711 33711 33711 PEFSONAL EXPENSES 13276 13216 13276 SALES TAX TORS 4095 4035 SIG-RWY =c 24428 24428 24428 TRAN3FCPTa .'ON CFARGES 4415 4418 441E USAGE EOUIPMEMT 4480 4480 4480 -------- -------- -------- TOTAL SIGNAL 59039 100980 160019 160019 ------- -------. IAEOR/M+ATEP.IAL EXPENSE 86Bi5 100980 -------- -------- FECOLLE0TI6LE/UFRR EXPENSE 187795 0 -------- ESTIMATED PROJECT COST 197795 EXISTING REUSFULE MATERIAL CREDIT 0 SALVAGE NOWUSEABLE MATERIAL CREDIT D RECOLLECTIBLE LESS CREDITS - TH£ ABOVE FIGURES ARE ESTIMATES ONLY AND SUBJECT TO FLUCIVAT:ON IN TFE EVE1dT OF AN INCREASE OR DECREASE IN TPE COST OR QUAITIITY OF MATEERIAL OR LABOR REQUIPED, UFFP WILL BILL FOR ACTUAL CONSTRUCTION COSTS AT THE CUFP.ENI EFFECTIVE RATE