Agmt 2005 Union Pacific Railroad Company

Home

Alft BUILDING AMERICA' Senior Manager - Contracts Union Pacific Railroad Company Real Estate Department 1400 Douglas Street, Mail Stop 1690 Omaha, NE 68179-1690 UPRR Folder No.: 2269-86 UPRR Folder No.: 2269-86 D. If the Political Body's own employees will be performing any of the Project work, the Political Body may self -insure all or a portion of the insurance coverage subject to the Railroad's prior review and approval. ARTICLE 5 - FEDERAL AID POLICY GUIDE A. If the Political Body will be receiving any federal funding for the Project: • the current rules, regulations and provisions of the Federal Aid Policy Guide as contained in 23 CFR 140, Subpart I and 23 CFR 646, Subparts A and B are incorporated into this Agreement by reference, and • construction work by the Political Body and Contractor shall be performed, and any reimbursement to the Railroad for work it performs, shall be made in accordance with the Federal Aid Policy Guide. B. If federal funding of involved, as provided in 23 CFR 646.210(b)(2), the Project is of no ascertainable benefit to the Railroad and the Railroad shall not be obligated to pay or contribute to any Project costs. ARTICLE 6 - WORK TO BE PERFORMED BY THE RAILROAD A. The work to be performed by the Railroad, at the Political Body's sole cost and expense, is described in the Railroad's Material and Force Account Estimate dated October 4, 2004, marked Exhibit C, attached hereto and hereby made a part hereof (the "Estimate"). As set forth in the Estimate, the Railroad's estimated cost for the Railroad's work associated with the Project is Twenty - Three Thousand One Hundred Fifteen Dollars ($23,115.00). B. The Railroad, if it so elects, may recalculate and update the Estimate submitted to the Political Body in the event the Political Body 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 Political Body acknowledges that the Estimate does not include any estimate of flagging or other protective service costs that are to be paid by the Political Body 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 Political Body or the Contractor as determined by the Railroad and the Political Body. If it is determined that the Railroad will be billing the Contractor directly for such costs, the Political Body 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. Public Road At -Grade Crossing Agreement Articles of Agreement October 6, 2005 Form Approved, AVP -Law— 3/10/05 Page 3 of 5