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Agmt 2003 Union Pacific Railroad Company
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Agmt 2003 Union Pacific Railroad Company
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Last modified
8/13/2009 2:10:35 PM
Creation date
8/13/2009 2:10:33 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
1/6/2005
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PERM
Document Relationships
Reso 2003-002
(Approved by)
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\City Clerk\City Council\Resolutions\2003
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Public Highway Crossing 08/13/01 <br />' Standcsd Form Approved, AVP-I.a+m <br />d) All construction work of the Political Body upon the Railroad's property (including, but not limited to, construction of the highway <br />and all appurtenances and all related and incidental work) shall be performed and completed in a manner satisfactory to the Vfce <br />President-Engineering Services of the Railroad or his authorized representative and in accordance with detailed plans and <br />specifications prepared by and at the expense of the Political Body, and approved in writing by the Railroad's Vice President- <br />Engineering Services. <br />e) All construction work of the Political Body shall be performed diligently and completed wfthin a reasonable time, and in any <br />event within three (3) years from the effective date of this Agreement, or within such further period of time as maybe specified in <br />writing by the Railroad's Vice President-Engineering Services. No part of the Project shall be suspended, discontinued or unduly <br />delayed without the Rcdkaad's written consent, and subject to such reasonable conditions as the Railroad may specify. It is <br />understood that the Railroad's tracks at and in the vicinity of the work will be inconstant or frequent use during progress of the work <br />and that movement .or stoppage of trains, engines or cars may cause delays in the work of the Political Body. The Political Body <br />hereby assumes the risk of any such delays and agrees that no claims for damage on account of any delay shall be made against <br />the Railroad. <br />f) If the Project includes construction of a structure over which trains are to be operated or for which the Railroad has any <br />responsibility for maintenance, the Political Body shall furnish the Railroad permanent reproducible prints of all design and shop <br />drawings as soon as possible after approval by the Vfce President-Engineering Services of the Railroad or his authorized <br />representative. Upon completion of construction, the Political Body shall famish the Railroad two sets of "as constructed" prints <br />and, in addition, upon request of the Vice President-Engineering Services of the Railroad, "as constructed" permanent reproducible <br />prints of all or any portion of the structure. <br />SECTION 3 - INNRY AND DAMAGE TO PROPERTY <br />If the Political Body, in the performance of arry work contemplated by this Agreement or by the failure to do or perform anything <br />for which the Political Body is responsible under the provisions of this Agreement, shall injure, damage or destroy any property <br />of the Railroad or of any other person lawfully occupying or using the property of the Railroad, such property shall be replaced <br />or repaired by the Political Body at the Political Body's own expense, or by the Railroad at the expense of the Political $ody, and <br />to the satisfaction of the Railroad's Vice President-Engineering Services. <br />SECTION 4 - PAYIviENT FOR WORK BY THE RA.II..ROAD COMPANY <br />a) Bills for work and materials shall be paid by the Political Body promptly upon receipt thereof. The Railroad will submit to the <br />Political Body current bills for flagging and other protective services and devices during progress of the Project. The Railroad will <br />submit final billing for flagging and other protective services within one hundred and twenty C120) days after completion of the <br />Project, provided the Political Body advises the Railroad of the commencement of the 120-day period by giving the Railroad written <br />notification of completion of the Project. <br />b) The Railroad may contract for the performance of any of its work by other than railroad forces. The Railroad shall notify the <br />Political Body of the contract price within ninety (90) days after it is awarded. Unless the Railroad's work is to be performed on a <br />fixed price basis, the Political Body shall reimburse the Railroad for the amount of the contract. <br />SECTION 5 - MAINTENANCE <br />a) If the Project involves a grade crossing: <br />1) The Political Body shall, at its own sole expense, maintain, repair, and renew, or cause to be maintained, repaired and <br />renewed, the entire Crossing Area, except the portions between the track tie ends, which shall be maintained by and at the <br />expense of the Railroad. <br />2) If, in the future, the Political Body elects to have the surfacing material between the track tie ends, or between tracks if <br />there is more than one railroad track across the Crossing Area, replaced with paving or some surfacing material other than <br />timber planking, the Railroad, at the Political Body's expense, shall install such replacement surfacing, and in the future, to <br />the extent repair ar replacement of the surfacing fs necessitated by repair or rehabilitation of the Railroad's tracks through <br />the Crossing Area, the Political Body shall bear the expense of such repairs or replacement. <br />b) If the Project involves a public highway crossing under the Railroad's tracks: <br />H:~DATA~Favorites~Agreement Forms~Road Crossing Page 2 Exhibit B <br />Forms~Pubhc Rid Crossing Agreement.doc <br />
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