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Res 2006-183
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Res 2006-183
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Last modified
5/13/2008 10:53:49 AM
Creation date
11/17/2006 9:25:31 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2006-183
Date
11/6/2006
Volume Book
170
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<br />" <br /> <br />BUILDING A"'tRICA~ ~ <br /> <br />limited to those portions of Railroad's property specifically described herein, or as designated by the <br />Railroad Representative named in Article 4. <br /> <br />ARTICLE 3- <br /> <br />TERMS AND CONDITIONS CONTAINED IN EXHIBITS A. B & c. <br /> <br />The terms and conditions contained in Exhibit A, Exhibit B and Exhibit C, attached hereto, <br />are hereby made a part of this Agreement. <br /> <br />ARTICLE 4 - <br /> <br />ALL EXPENSES TO BE BORNE BY CONTRACTOR: RAILROAD <br />REPRESENTATIVE. <br /> <br />A. Contractor shall bear any and all costs and expenses associated with any work performed by <br />Contractor, or any costs or expenses incurred by Railroad relating to this Agreement. <br /> <br />B. Contractor shall coordinate all of its work with the following Railroad representatives or his <br />or her duly authorized representatives (hereinafter collectively the "Railroad <br />Representative"): <br /> <br />Oscar Escamilla <br />Manager Track Maintenance <br />Union Pacific Railroad Company <br />311 East Bagdad <br />Round Rock, TX 78664 <br />Phone: (512) 255-5966 <br />Fax: (512) 218-4480 <br /> <br />Mike Wymore <br />Manager Signal Maintenance <br />Union Pacific Railroad Company <br />6200 NE Loop 410 <br />San Antonio, TX 78218 <br />Phone: 210-921-3754 <br />Fax, 210-921-3753 <br /> <br />C. Contractor, at its own expense, shall adequately police and supervise all work to be <br />performed by Contractor and shall ensure that such work is performed in a safe manner as set <br />forth in Section 7 of Exhibit A. The responsibility of Contractor for safe conduct and <br />adequate policing and supervision of Contractor's work shall not be lessened or otherwise <br />affected by Railroad's approval of plans and specifications involving the work, or by <br />Railroad's collaboration in performance of any work, or by the presence at the work site of a <br />Railroad Representative, or by compliance by Contractor with any requests or <br />recommendations made by Railroad Representative. <br /> <br />ARTICLE 5 - TERM: TERMINATION. <br /> <br />A. The grant of right herein made to Contractor shall commence on the date of this <br /> <br />Agreement, and continue until , unless sooner terminated <br />(Date of Expiration) <br />as herein provided, or at such time as Contractor has completed its work on Railroad's <br />property, whichever is earlier. Contractor agrees to notify the Railroad Representative in <br />writing when it has completed its work on Railroad's property. <br /> <br />B. This Agreement may be terminated by either party on ten (l0) days written notice to the other <br />party. <br /> <br />ARTICLE 6 - CERTIFICATE OF INSURANCE. <br /> <br />A. Before commencing any work, Contractor will provide Railroad with the insurance binders, <br />policies, certificates and/or endorsements set forth in Exhibit B ofthis Agreement. <br /> <br />Contractor's Right of Entry - 05/0112006 <br />Form Approved - A VP Law <br /> <br />Page 2 of4 <br /> <br />Exhibit E <br />Form of Contractor's Right of Entry Agreement <br />To Public Road Crossing Developers Overpass Agreement <br />
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