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8I Consent Calendar 2019 0122
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8I Consent Calendar 2019 0122
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1/17/2019 6:13:38 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
Document Date (6)
1/22/2019
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PERM
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Public Highway At-Grade Crossing 03/01/13 Standard Form Approved, AVP-Law <br /> 3 <br />Section 5. CONTRACTOR'S RIGHT OF ENTRY AGREEMENT - INSURANCE <br /> <br />A. Prior to Contractor performing any work within the Crossing Area and any subsequent maintenance and repair work, the Political Body shall require the Contractor to: <br /> <br />• execute the Railroad's then current Contractor's Right of Entry Agreement <br />• obtain the then current insurance required in the Contractor’s Right of Entry Agreement; and <br />• provide such insurance policies, certificates, binders and/or endorsements <br />to the Railroad. B. The Railroad's current Contractor's Right of Entry Agreement is marked <br />Exhibit D, attached hereto and hereby made a part hereof. The Political Body confirms that it will inform its Contractor that it is required to execute such form of agreement and <br />obtain the required insurance before commencing any work on any Railroad property. <br />Under no circumstances will the Contractor be allowed on the Railroad's property without <br />first executing the Railroad's Contractor's Right of Entry Agreement and obtaining the insurance set forth therein and also providing to the Railroad the insurance policies, binders, certificates and/or endorsements described therein. <br /> <br />C. All insurance correspondence, binders, policies, certificates and/or <br />endorsements shall be sent to: Senior Manager - Contracts <br /> Union Pacific Railroad Company <br /> Real Estate Department <br /> 1400 Douglas Street, Mail Stop 1690 Omaha, NE 68179-1690 UP File Folder No. 3061-82 <br /> <br />D. If the Political Body's own employees will be performing any of the Project <br />work, the Political Body may self-insure all or a portion of the insurance coverage subject to the Railroad's prior review and approval. <br /> <br />Section 6. FEDERAL AID POLICY GUIDE <br /> <br /> If the Political Body will be receiving any federal funding for the Project, the current <br />rules, regulations and provisions of the Federal Aid Policy Guide as contained in 23 CFR <br />140, Subpart I and 23 CFR 646, Subparts A and B are incorporated into this Agreement by reference. <br /> <br />Section 7. NO PROJECT EXPENSES TO BE BORNE BY RAILROAD <br /> <br /> The Political Body agrees that no Project costs and expenses are to be borne by the Railroad. In addition, the Railroad is not required to contribute any funding for the Project.
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