R2023-175 Resolution Authorizing a Letter of Amendment to the Public Improvements Agreement with the Norfolk Southern Railway Company for the Brush College Road Grade Separation, City Project 2009-33, Section 09-00933-01-BR

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by the American RAILWAY Engineering and Maintenance of Way Association when not in conflict with plans, specifications or regulations mentioned in (a) and (b) herein. Any modification of the Facilities will require subsequent review and approval by RAILWAY which approvals will be in the sole and absolute discretion of RAILWAY. 3. A new paragraph 1.6(c)is added to the Agreement as follows: (c) LICENSEE assures that it complies with liability requirements consistent with 49 U.S.C. §28013,as applicable. 4. Paragraph 1.7 of the Agreement is deleted in its entirety and replaced with the following: Railway Support. RAILWAY shall, at RAILWAY's option, furnish, at the sole expense of LICENSEE, labor and materials necessary, in RAILWAY's sole judgment, to support its tracks during the installation, maintenance, repair,renewal or removal of the Facilities. S. A new Paragraph 1.19 is added to the Agreement as follows: Qualified Protective Services. LICENSEE agrees that it will require its contractor to furnish and maintain qualified protective services equipped to operate around RAILWAY operations to protect LICENSEE or its contractor when construction activities are taking place on or adjacent to RAILWAY property and/or has the potential to foul RAILWAY's tracks or operations. All costs of the qualified protective services shall be borne by LICENSEE.Any contractor providing qualified protective services on behalf of LICENSEE or its contractor is subject to prior approval from RAILWAY to ensure safety. 6. Paragraph 11.1 of the Agreement is deleted in its entirety and replaced with the following: Scope of Work. The scope of the work by RAILWAY shall include any necessary acquisition of right-of-way, permitting, design, construction, and construction-related activities including,but not limited to,inspection,and superintendence within and along RAILWAY property ("Railroad Work") necessary to facilitate LICENSEE's installation, construction, maintenance,operation,and removal of the Facilities. 7. A new Paragraph 11.2(c)is added to the Agreement as follows: (c) Any applicable collective bargaining agreements with the RAILWAY's employees will remain in full force and effect according to their terms for the Railroad Work. 8. Paragraph 11.5(a)of the Agreement is deleted in its entirety and replaced with the following: (a) RAILWAY shall furnish,or cause to be furnished,at the expense of LICENSEE all labor costs, overhead and indirect construction costs, materials and supplies, contracted services, transportation, equipment, and other related costs and items required to perform and complete the Railroad Work.