\$\$107.00A

######### Section 107.---LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC

Revised 2 October 2005

[INCLUDE THE FOLLOWING. ADD ANY SPECIAL PERMITS REQUIRED BY THE
PARTNERING AGENCY TO THE LIST.]{.mark}

\$\$107.01A

107.01. Add the following:

The following permits may be required for this project:

> **(a)** *[(list only those permits required by the partnering
> agencies)]{.mark}*

This list of permits may not be all inclusive of those required for
construction. No time or damages, including impact damages, will be
allowed for failure to obtain necessary permits or agreements. Provide
copies of these permits and agreements upon request.

107.01. Delete the second sentence of the third paragraph and substitute
the following:

Obtain all additional permits or agreements and modifications to
Government-obtained permits or agreements that are required.

*[INCLUDE THE FOLLOWING ON ALL NPS PROJECTS]{.mark}*

\$\$107.02A

107.02. Add the following after the third paragraph:

For the full duration of construction, protect the existing trees that
are tagged by the CO in the following manner:

> **(a)** Install and maintain a 4-foot [(1.2-meter)]{.mark} high wood
> slat fence with steel posts around the perimeter of the root
> protection area, per Subsection 619.06. The root protection area is
> defined as an area equal to 10 feet [(3 meters)]{.mark} outside the
> dripline.
>
> **(b)** All construction which takes place within the root protection
> area must be approved by the CO. Do not store or locate construction
> materials, vehicles, staging areas, topsoil, disposal areas, or
> trailers within the root protection area. Protect the area from
> flooding, erosion, sedimentation, and potentially harmful materials
> through run-off or spillage.
>
> **(c)** Remove all tree protection prior to final acceptance.

\$\$107.02B

107.02. Add the following after the sixth paragraph:

Notify the CO in writing at least 48 hours in advance of any scheduled
utility shutdown, investigation, and /or related work.

[INCLUDE THE FOLLOWING WHEN THERE IS RAILROAD WORK]{.mark}

\$\$107.04A

107.04. Add the following after the third paragraph:

The Railroad will, at all times, have jurisdiction over the safety of
railroad operations, and the decision as to procedures which may affect
the safety of railroad operations shall be final.

\$\$107.04B

107.04(a)(4). Add the following:

> The Railroad Protective Policy shall name the Railroad as the insured
> and contain an endorsement in the form prescribed for State or Federal
> highway projects for Railroad Protective Liability.
>
> Title 23 CFR, paragraph 646, subpart A, as amended, is hereby
> incorporated by reference. Form of policy shall be in accordance with
> that specified in Appendix A to Title 23 CFR, paragraph 646.
>
> Furnish to the Railroad the Railroad Protective Policy and
> certificates evidencing the other insurance coverage required. The
> Railroad Protective Policy and all insurance certificates will be
> subject to the Railroad\'s approval before any work can begin on the
> Railroad\'s property. In addition, furnish evidence of commitment by
> the Insurance Company to notify the Railroad and the CO in writing of
> any material change, expiration, or cancellation of the policy not
> less than 30 calendar days before such change, expiration, or
> cancellation is effective. Railroad Protective Liability and Property
> Damage Liability Insurance shall conform to the Federal-Aid Policy
> Guide, Chapter 1, Subchapter G, Part 646, issued by the U.S.
> Department of Transportation, FHWA, dated December 9, 1991, as
> supplemented and amended.

\$\$107.04C

107.04(e). Add the following:

> The current approximate wage rate is \$*[(insert rate)]{.mark}* per
> hour. In addition, a surcharge of *[(insert percentage]{.mark})*
> percent computed on the actual payroll, will be included to cover the
> cost of overhead and fringe benefits.

[]{.mark}

*[INCLUDE THE FOLLOWING]{.mark}*

\$\$107.05A

107.05. Add the following after the second paragraph:

Submit all claims to the insurance company for investigation, regardless
of deductible, unless the Contractor has chosen to pay the claim
directly. Provide the results of any investigations and subsequent
actions to the CO within 1 week of receipt from the insurance company or
of action. Determination by the insurance company that the claim is not
covered by the policy is not an adequate basis for the Contractor to
fail to meet its obligations under the requirements of this Section.