Agmt 2003 Union Pacific Railroad Company

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Public Highway Crossing 08/13/01 ~ Form Approved, AVP-Law UP Real Estate Folder No.: 2105-51 Body shall require its contractor(s) to (i) execute the Railroad's then current Contractor's Right of Entry Agreement; (ii} obtain the insurance coverage described inExhibit B-1 hereto attached; and (iii) provide the insurance policies, certificates, binders and/or endorsements to Railroad that are required in Exhibit B-1 before allowing any of its contractor(s) and their respective subcontractors to commence any work in the Crossing Area or on any other Railroad property. B. The Political Body acknowledges receiptof a copy of Railroad's current Contractor's Right of Entry Agreement, attached hereto as Exhibit D and hereby made a part hereof, and confirms that it will inform its contractor(s) that it/they and their subcontractors are required to execute such form of agreement before commencing any work on any Railroad property. Under no circumstances will Political Body's contractor(s) or any subcontractors be allowed on to Railroad's property without first executing the Railroad's Contractor's Right of Entry Agreement and obtaining the insurance set forth therein and also providing to Railroad the insurance policies, binders, certificates and/or endorsements described therein. C. All insurance correspondence, binders, policies, certificates and/or endorsements shall be sent to: Union Pacific Railroad Company Real Estate Department 1800 Farnam Street Omaha, NE 68102 ATTN: Director Contracts UP Real Estate Folder No. 2105-51 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 Railroad's prior review and approval. ARTICLE 4 - FEDERAL AID POLICY GUIDE 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. ARTICLE 5 - WORE TO BE PERFORMED BY RAILROAD A. The work to be performed by Railroad, at Political Body's sole cost and expense, is described in the Railroad's Material and Force Account Estimate dated October 7, 2002 and November 13, 200 marked Exhibit C, attached hereto and hereby made a part hereof (the "Estimate"). As noted in the Estimate, the Railroad's estimated cost for the Railroad's work associated with the Project is THREE HUNDRED FIFTY-NIIVE THOUSAND SEVEN HUNDRED TWENTY-'T'HREE DOLLARS ($359,723.00). B. The Political Body acknowledges that the Estimate does not include arty estimate of flagging or other protective service costs that are to be paid by the Political Body or its contractor(s) in connection with flagging or other protective services provided by Railroad employees in connection with the Project. All of such costs incurred by Railroad are to be paid by the Political Body or its contractors as determined by the Railroad and the Political Body. If it is determined that the Railroad will be billing the Political Body's contractors 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 of its contractor(s) within thirty (30) days of contractor's receipt of billing. C. If the Estimate provides for the Railroad to install public crossing warning signals and/or gates, the Railroad, at its cost and expense, shall maintain and repair such warning devices; PROVIDED, HOWEVER, that such maintenance and repair shall not negate the Railroad's eligibility for any federal, state, local, or other public funds that may become available for the maintenance and repair of such warning devices and PROVIDED, FURTHER, that the cost of repair or replacement resulting from damage caused by the general public that is not recovered by the Railroad from the person or entity causing such damage shall be borne entirely by the Political 2105-51 City of San Leandro, CA Page 2 November 2Q 2002 Marina Boulevard