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#16 - UP Railroad At-Grade Crossing Agreement
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#16 - UP Railroad At-Grade Crossing Agreement
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6 <br />Public Highway At-Grade Crossing Agreement <br />DOT DOT# 980280H, Project 0787250 <br /> <br />(ii) The Railroad has provided to the Political Body the Railroad’s written <br />approval of the Plans. <br /> <br />(iii) Each Contractor has executed Railroad’s Contractor’s Right of Entry <br />Agreement and has obtained and/or provided to the Railroad the insurance <br />policies, certificates, binders, and/or endorsements required under the <br />Contractor’s Right of Entry Agreement. <br /> <br />(iv) Each Contractor has given the advance notice(s) required under the <br />Contractor's Right of Entry Agreement to the Railroad Representative <br />named in the Contactor's Right of Entry Agreement. <br /> <br />Section 12. FUTURE PROJECTS <br /> <br /> Future projects involving substantial maintenance, repair, reconstruction, renewal <br />and/or demolition of the Roadway shall not commence until Railroad and Political Body <br />agree on the plans for such future projects, cost allocations, right of entry terms and <br />conditions and temporary construction rights, terms and conditions. <br /> <br />Section 13. ASSIGNMENT; SUCCESSORS AND ASSIGNS <br /> <br /> A. Political Body shall not assign this Agreement without the prior written <br />consent of Railroad. <br /> <br /> B. Subject to the provisions of Paragraph A above, this Agreement shall inure <br />to the benefit of and be binding upon the successors and assigns of Railroad and Political <br />Body. <br /> <br />Section 14. SPECIAL PROVISIONS PERTAINING TO AMERICAN <br /> RECOVERY AND REINVESTMENT ACT OF 2009 <br /> <br /> If the Political Body will be receiving American Recovery and Reinvestment Act <br />("ARRA") funding for the Project, the Political Body agrees that it is responsible in <br />performing and completing all ARRA reporting documents for the Project. The Political <br />Body confirms and acknowledges that Section 1512 of the ARRA provisions applies only <br />to a "recipient" receiving ARRA funding directing from the federal government and, <br />therefore, (i) the ARRA reporting requirements are the responsibility of the Political Body <br />and not of the Railroad, and (ii) the Political Body shall not delegate any ARRA reporting <br />responsibilities to the Railroad. The Political Body also confirms and acknowledges that <br />(i) the Railroad shall provide to the Political Body the Railroad's standard and customary <br />billing for expenses incurred by the Railroad for the Project including the Railroad's <br />standard and customary documentation to support such billing, and (ii) such standard and <br />customary billing and documentation from the Railroad provides the information needed <br />by the Political Body to perform and complete the ARRA reporting documents. The <br />Railroad confirms that the Political Body and the Federal Highway Administration shall
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