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<br />Public Road Crossing DevelopersAgreement <br />Form Approved, A VP-Law 08082006 <br />, <br /> <br />BUILDING AMERICA" ~ <br /> <br />Omaha, NE 68179-1690 <br />ATTN Senior Manager Contracts <br />UPRR Folder No,: 2287-13 <br /> <br />D. If the City's own employees will be performing any of the Project work, the City may self- <br />insure all or a portion of the insurance coverage subject to Railroad's prior review and <br />approval. <br /> <br />ARTICLE 5 -FEDERAL AID POLICY GUIDE <br /> <br />If the Developer or City 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 140, <br />Subpart I and 23 CFR 646, Subparts A and B are incorporated into this Agreement by reference. <br /> <br />ARTICLE 6 - WORK TO BE PERFORMED BY RAILROAD <br /> <br />A. The work to be performed by Railroad forces (or by others hired by Railroad), and/or <br />material to be furnished by Railroad, at Developer's sole cost and expense, is described in the <br />Railroad's Estimate of Material and Force Account Work, dated October 10,2006, marked <br />Exhibit C, attached hereto and hereby made a part hereof (the "Estimate"). As noted in the <br />Estimate, the Railroad's estimated cost for the Railroad's work and materials furnished by <br />Railroad associated with the Project is Sixty-One Thousand Two Hundred Thirty-Three <br />Dollars ($61,233.00). <br /> <br />B. The Political Body agrees to reimburse the Railroad for one hundred percent (100%) of all <br />actual costs incurred by the Railroad in connection with the Project including, but not limited <br />to, actual costs of preliminary engineering review, construction inspection, procurement of <br />materials, equipment rental, manpower and deliveries to the job site and all of the Railroad's <br />normal and customary additives (which shall include direct and indirect overhead costs) <br />associated therewith. <br /> <br />ARTICLE 7 - PLANS <br /> <br />A. The Political Body, at its expense, shall prepare, or cause to be prepared by others, the <br />detailed plans and specifications and submit such plans and specifications to the Railroad's <br />Assistant Vice President Engineering - Design, or his authorized representative, for review <br />and approval. The plans and specifications shall include all appurtenances, associated <br />drainage, shoring, sheeting and excavations for bents and/or abutments next to or adjacent to <br />the Railroad's tracks and, if applicable, all demolition and removal plans for the existing <br />structure. <br /> <br />B. The final one hl.ll1dred percent (100%) completed plans that are approved in writing by the <br />Railroad's Assistant Vice President Engineering - Design, or his authorized representative, <br />are hereinafter referred to as the "Plans". The Plans are hereby made a part of this <br />Agreement by reference. <br /> <br />C. No changes in the Plans shall be made unless the Railroad has consented to such changes in <br />writing. <br /> <br />D. Upon completion of the Structure, the Political Body, at its expense, shall furnish to the <br />Railroad two (2) sets of reproducible "as constructed" Plans of the Structure. <br /> <br />Developer's Public Road Xing Agreement <br />Form Approved, A VP-Law - 05/01/2006 <br /> <br />Articles of Agreement <br />Page 3 of 5 <br /> <br />revised May 30, 2007 <br />