Agreement - Install Bells in West Side Quiet Zone - Canadian National - Grand Trunk Western Railroad Company

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the time of construction or substitutions of equivalent materials as may be agreed upon by RAILROAD's and LOCAL AGENCY's respective representatives. ARTICLE V. All items of work listed under "WORK TO BE PERFORMED BY RAILROAD" on Exhibit A may be performed by the RAILROAD with its own forces on a force account basis, countinuing contract, or by contract. In the event the RAILROAD elects to engage a contractor to perform all or a substantial portion of the work, the RAILROAD shall furnish LOCAL AGENCY the name of the contractor whose services will be used to perform the work. Such contracts will be in compliance with any applicable State statutes and implementing rules and regulations prohibiting discrimination in the solicitation or selection of contractors or subcontractors on the basis of race, color, national origin or sex. ARTICLE V. The LOCAL AGENCY shall prepare any required detailed drawings, plans and specifications as may be required for any proposed improvements listed under "WORK TO BE PERFORMED BY LOCAL AGENCY" on Exhibit A, and shall perform or arrange for the performance of said items of work at its sole cost, risk and expense, except as may otherwise be specifically provided for in this Agreement. ARTICLE VI. In the event the work to be performed by LOCAL AGENCY is to be let by contract, the LOCAL AGENCY shall require its contractor(s) enter into the current standard RAILROAD right of enrty agreement. The LOCAL AGENCY will enter into the current standard RAILROAD right of enrty agreement in regards to any work to be performed by LOCAL AGENCY's own forces, excepting the provisions thereof pertaining to the furnishing of certificates of insurance or as may be otherwise provided in this agreement. ARTICLE VII In the event the work to be performed by the LOCAL AGENCY on or in close proximity to the RAILROAD's property, tracks or other facilities is let by contract, the LOCAL AGENCY shall require its contractor or contractors to furnish evidence of Workmen's Compensation coverage and to maintain at all times during the performance of any construction or reconstruction work the following types of insurance: (A) Contractors' Public Liability and Property Damage Liability Insurance, including automobile coverage, with a combined single limit of $5,000,000 per occurrence with an aggregate limit of $10,000,000 for the term of the policy; (B) if subcontractors are involved, Contractors' Protective Public Liability and Property Damage Liability Insurance with the limits prescribed in (A) above; and (C) Railroad Protective Public Liability and Property Damage Liability Insurance with the limits prescribed in (A) above. The Railroad Protective policy shall name the Grand Trunk Western Railroad Company as the insured, shall be in a form acceptable to the RAILROAD and said insurance shall be primary as it relates to the this contract. The LOCAL AGENCY shall require its contractor(s) to furnish to the RAILROAD the original Railroad Protective policy and certificates evidencing the other insurance coverage specified herein. The Railroad Protective policy and all other insurance certificates must meet with the RAILROAD's approval before any work may be started on the RAILROAD's property or in close proximity of RAILROAD's tracks or other facilities by the said contractor or contractors. 2