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R-00-01-13-10F8 - 1/13/2000/ ' y R. D. Uhrich Assistant Vice President J. A. Anthony Director- Contracts D. D. Brown Director -Real Estate M. W. Casey General Director- Special Properties J. P. Gade Director - Facility Management MS. JOANNE LAND ROUND ROCK, CITY OF 2000 ENTERPRISE DR. ROUND ROCK, TX 78664 Dear Joanne: UNION PACIFIC RAILROAD COMPANY Real Estate Department Mr. Oscar Escamilla, MTM Union Pacific Railroad Company 311 East Bagdads Round Rock, TX 78664 Phone: 512/271 -2140 Fax: 512/218 -4480 1800 Farnam Street Omaha, Nebraska 68102 Fax (402) 997 -3601 February 16, 2000 Folder No. 1823 -55 Fiber Optics Hot Line: 1- 800 -336 -9193 5 RECEIVED FEB 2 8 2000 J. L. Hawkins Director- Operations Support M. E. Heenan Director - Administration & Budgets 0 H. Lightwine Director -Real Estate T K. Love Director -Real Estate RE: Proposed 36" Potable Water Pipeline Crossing of Railroad Property at Mile Post 163.83 on the Austin Subdivision at or near Round Rock, Williamson County, Texas. Attached is your original copy of our Agreement, fully executed on behalf of the Railroad Company. When you or your representative enter the Railroad Company's property, a copy of this fully - executed document must be available at the site to be shown on request to any Railroad employee or official. If this construction is to be done by a contractor, before work can begin, the Contractor's Right of Entry Agreement must be executed by the contractor and retumed to me, together with their proof of insurance, as provided in this Agreement. In accordance with the terms of the Agreement, you are required to notify the following Railroad Company's Manager of Track Maintenance and the Fiber Optics Hot Line at least 10 days in advance of the date you plan on entering the right of way for further instructions and approval to commence construction. 6c;t6 r 1 ■ ROUND ROCK, CITY OF Page 2 As an additional note, the casing and carrier pipe must be placed a minimum of two (2) feet below any existing fiber optic cable. Any open excavation required within five (5) feet of the fiber optic cable must be dug by hand. All future insurance notices, if insurance is required by the Agreement, should be forwarded to: Real Estate Department Folder No: 01823 -55 Union Pacific Railroad Company 1800 Farnam Street Omaha, NE 68102 If you have any questions, please contact me at (402) 997 -3623. Yours truly, Gross Contracts Representative RESOLUTION NO. R- 00- 01- 13 -10F8 WHEREAS, the City of Round Rock needs to cross property owned by the Union Pacific Railroad Company to construct a 36" potable pipeline in connection with the construction of the West Water Transmission Main, and WHEREAS, the Union Pacific Railroad Company has agreed to said crossing on condition that the City execute a Pipeline Crossing Agreement, and WHEREAS, the City is willing to accept the terms and conditions of the Agreement, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Pipeline Crossing Agreement with Union Pacific Railroad Company, a copy of said Agreement being attached hereto and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. K, \WPOOCS \RESOLUTI \R00113F6. WPU /sc AT EST: RESOLVED this the 13th day of January, 2000. E LAND, City Secretary 2 R�:`•T A. STLUKA, f3'., Mayor City of Round Rock, Texas PL X 940206 Form Approved, AVP -Law Article L LICENSE FEE Article II. LICENSOR GRANTS RIGHT. PIPELINE CROSSING AGREEMENT Mile Post: 163.83, Austin Subdivision Location: Round Rock, Williamson County, Texas AUDIT - Folder No: 01823 -55 THIS AGREEMENT is made and entered into as of November 2, 1999, by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation (hereinafter the "Licensor"), and ROUND ROCK, CITY OF, a Texas corporation, whose address is 2000 Enterprise Dr., Round Rock, Texas 78664 (hereinafter the "Licensee "). IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: Upon execution of this Agreement, the Licensee shall pay to the Licensor a one-time license fee of ONE THOUSAND EIGHT HUNDRED TWENTY -EIGHT DOLLARS ($1,828.00). In consideration of the License Fee to be paid by the Licensee and in further consideration of the covenants and agreements herein contained to be by the Licensee kept, observed and perfonned, the Licensor hereby grants to the Licensee the right to construct and thereafter, during the tens hereof, to maintain and operate only a 36" potable water pipeline crossing (hereinafter the "Pipeline ") in the location shown and in conformity with the dimensions and specifications indicated on the attached print dated November 1, 1999, marked Exhibit A. Under no circumstances shall Licensee modify the use of the Pipeline for a purpose other than the above - mentioned, and said Pipeline shall not be used for any other use, whether such use is currently technologically possible, or whether such use may come into existence during the life of this Agreement. Article IIL CONSTRUCTION, MAINTENANCE AND OPERATION. The grant of right herein made to the Licensee is subject to each and all of the terms, provisions, conditions, limitations and covenants set forth herein and in Exhibit B, hereto attached. Article IV. IF WORK IS TO BE PERFORMED BY CONTRACTOR. Ha contractor is to do any of the work performed on the Pipeline (including initial construction and subsequent relocation or substantial maintenance and repair work), then the Licensee shall require its contractor to execute the Railroad's form Contractor's Right of Entry Agreement. Licensee acknowledges receipt of a copy of the Contractor's Right of Entry Agreement and understanding of its terms, provisions, and requirements, and will inform its contractor of the need to execute the Agreement. Under no circumstances will Licensee's contractor be allowed onto Licensor's premises without first executing the Contractor's Right of Entry Agreement. Article V. INSURANCE. A. The Licensee, at its expense, shall obtain the insurance described in Exhibit B -1, hereto attached. The Licensee will also provide to the Licensor a Certificate of Insurance, identifying Folder No. 01823 -55, issued by its insurance carrier confirming the existence of such insurance and that the policy or policies contain the following endorsement: UNION PACIFIC RAILROAD COMPANY is named as an additional insured with respect to all liabilities arising out of the existence, use of any work performed on or associated with the pipeline crossing located on Railroad right of way at Mile Post 163.830 at or near Round Rock, Williamson County, Texas. B. If the Licensee named in this Agreement is a public entity subject to any applicable statutory tort laws, the limits of insurance described in Exhibit B -1 shall be the limits the Licensee then has in effect or which is required by applicable current or subsequent law, whichever is greater, a portion of which may be self - insured with the consent and approval of the Licensor C. All insurance correspondence shall be directed to: Folder No. 01823 -55, Union Pacific Railroad Company, Real Estate Department, 1800 Farnam Street, Omaha, NE 68102. Article VI. TERM. This Agreement shall take effect as of the date first herein written and shall continue in full force and effect until terminated as herein provided. Article VII. SPECIAL PROVISIONS — NONE IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first herein written. By: WITNESS 3 49/ 441-1-1 0L- UNION PACIFIC RAILROAD COMPANY c Co tr•� Representative ROUND ROCK, CITY OF PLACE ARROW INDICATING NORTH DIRET:.' ON RELATIVE TO CROSSING McNeil 1NEAREST R.N. TONR1 A0 Note: 5 25. 38 FT. 0 2 59 FT. !g NO SCALE 1 . 500 FT LEFT. (SEE NOTE 3 C 5) MIN. 01ST (SEE NOTE 2) F NAIN TRACM (DESCRIBE FI OBJECT) (SEE .05E 6) 401S1ANCE ALONG TRACK FROM SECTION LINE CROS51NG1 ptj DIT " " "" REV. 10 - 10 97 ENCASED N ON- FLAMMABLE PIPELINE CROSSING I O T (5. MIN.) (20 FT. 04..1 CASING PI (5EE NOTE ♦) IS Jr" 1) IS PIPELINE CROSSING WITHIN DEDICATED STREET ? YESI xL_4OT 3) IF YES. NAME OF STREET McNeil Rd. /CR 171 )) DISTRIBUTION LINE OR TRANSMISSION LINE X CARRIER PIPE • otable water COMMODITY TO BE CONVEYED P OPERATING PRESSURE 1511 PSI u C(ueFA(B WALL THICKNESS --Z--10 IAMETER ,MATERIAL X 4/ CASING PIPE • AI' varies per, specificati •� WALL THICKNESS ,DIAMETER y 7� - ' MATERIAL_' Y I NOTE .CASING MUST HAVE 2' CLEARANCE BETWEEN GREATEST OUTSIDE DIAMETER OF CARRIER PIPE AND INTERIOR DIAMETER OF CASING PIPE. WHEN FURNISHING DIMENSIONS. GIVE OUTSIDE OF CARRIER PIPE AND INSIDE OF CASING PIPE. FI METHOD OF INSTALLING CASING PIPE UNDER TRACK(S). X DRY BORE AND JACK (WET BORE NOT PERMITTED) I _TUNNEL !OTHER 5) WILL CONSTRUCTION BE BY AN OUTSIDE CONTRACTOR? X YES1--__40l U) DISTANCE FROM CENTER LINE OF TRACK TO NEAR FACE OF BORING ANO JACKING PITS WHEN MEASURED AT RIGHT ANGLES TO TRACK 6E•' 101. 1) APPLICANT HAS CONTACTED (- B08.336 -9103. (30 MN.) U. P. COMMUNICATION DEPARTMENT. AND HAS DETERMINED F TO ' T O T NO OT AN Ub �µ V,ICIN[ OF NOTE: ALL AVAILABLE DIMENSIONS MUST BE FILLED IN TO PROCESS THIS APPLICATION. h , 366Fr. 100 a (SEE NOTE 3 5) go • (0)010 OF CF05511L) 30' tr _es (DESCR F NOT0 OBJECT BI T Note: /NOTE. THIS CATIO ION REOIIN I A LL . CASES. e A LOCATI s NOT USING SECTIONS. 015TwNCE TO w LEGAL SW VET LINE IS AE .1 =fD) 1FT. ITT. Casing extends outspde of Rq R/W on each side. =re CARRIER PIPE 98 FT. O MI SO ffP Bridge No. 163.8 OFT. fo T. Track dimensi ns are based on ICC statio ing. (3 FT. MIN.) SEK CASING 1FT. 1 FT 1OTE5 . . (CASING LENGTH VNEN MEASURED KONG PIPELINE.) 14 ALL H0N12ON1)0 DISTANCES TO SE MEASURED Al RIOT AM :3 FROZE 10 TRACK. 2N CA51 N0 10 E(TE417 SE OM THE f OF TRACK PT RIGHT 255014 THE 0 1E11TER OF - 10 FT.. OR 30 FT.. ABO OO T LIMIT OF RAI LROAD RICHTNOmefvf IF IECESSFRV TO PRCFIOE PRIER 0R ON LENGTH 5S( CF TRACY. 31 NIN(M RI JN OF 55' FI THE ENO CIF N RAILROAD D MODE. 1 OF ANT CULVERT. OR 0110 NO SWITCHING AREA. 5N SIGNAL ENTRII'/E MIST DE PRESENT CLAIM INSTALLATION fF RAIIADIO SIONN.S 02 11 TI 1 E VICINITY OF CROSSING. K 50 1o0AO.0 F 2(0 F10E0 OB NECTS 1NCLIOE. SAADOALLS OF BRIDGES. E. RD CRO551 A OvENEA0 VIADUCTS MAO 101 NAMED. cm CULVERTS. HINDI.. SI CA51NG AO CARRIER PIPE NAT BE PLACED A HINIM OF 2 FEET 1 OA XI51 BELO. TIE ESTHO F10ER OPTIC CABLE. ANT EXCAVATION REDUIRE0 NITHIN 5 FEU O TIE E515T110 FIBER O'1IC CABLE MIT BE 1NA0 DUO. EXHIBIT "A" fj ;n W A R N I N G FORM OR- 2404 -E RA'S NIV 10 Rnund Roc .NEAREST R.R. TOAM1 .3125• .3750• .4375' .5000• .5625• .6250• 1/4• 5/16' 3/8• 7/16' 1/2' 9/16• 5/8' STEEL CASING WALL THICKNESS CHART MINIMUM 01APETER 01 THICKNESS CASING P1P1 IN ALL OCCASIONS. U. P. CpwNICATIONS OEPAfTMENI 4161 BE CORALTEO IN ADVANCE OF ANT NOR( TO OCI13W411E 01154(.CE Am) LOCATION 6 FIBER OPTIC CABLE. ROE • (.000.33C.A193 12• .- L $ OVER l2 . 11 OvER )B• - 2: OVER 22.21 OVER 20• - OVER 34• -4: OVER 42 OVER 48• MUST BE APPROVED BY R.N. CO. NOTE. THIS CHART IS ONL FOR SMOOTH STEEL CA51N1 PIPES WITH MINIMUM TIEL STRENGTH OF 35.000 P5) FORIOLA TO FIGURE CASING LENGTH WITH ANGLE OF CROSSING OTHER THAN 90' IA✓1r " 04 PACIFIC RAILROAD CO. M P Ib3.43 E.S. S .q i.3Ot ENCASED PNpe.l.'„� CROSSING Al TCl1Lf.4d Rock TX C/11y �o /rnol �n< -14 1cNa A RR FILE NO t8r�3-J` — b r DATE II -1-961 PL X 980112 Form Aproved, AVP -Linn Section 1. ► MITATION AND SUBORDINATION OF RIGHTS GRANTID. a) The foregoing grout of right is subject and subordinate to the prior and continuing right and obligation of the Licensor to tee and maintain its entire property including the right and power of the licensor to construct maintain repair, renew, use, operate, change, modify or relocate railroad tracks, signal, communication fiber optics, or other wirelines. pipelines and other facilities upon along or across arty or all parts of its property. all or any of which may be freely done at any time or times by the Licensor without liability to the Licensee or to arty other party for compensation or damages. b) The foregoing grant is also subject to all outstanding superior rights (including those in favor of licensees and lessees of the Licensor's property, and others) and the right of the Licensor to renew and extend the same, and is made without covenant of title or for quiet enjoyment. Section 2. CONSTRUCTION. MAIN1?NANCE AND OPFRATION. a) The Pipeline shall be constructed operated, maintained reprdred. renewed. modified and/or reconstructed by the Licensee in strict conformity with Union Pacific Rmlroad Co. Common Standard Specification 1029 adopted November 1949, and all amendments thereof and supplements thereto. which by this reference is hereby made a part hereof, except as may be modified and approved by the Licensor's Vice President-Engineering Services. In the event such Specification conflicts in any respect with the requirements of any federal. state or municipal law or regulation such requirements shall govern on all points of conflict but in all other respects the Specification shall apply. b) Afl work performed on property of the licensor in connection with the construction maintenance, repair, renewal modification or reconstruction of the Pipeline shall be done to the satisfaction of the Licensor. c) Prior to the commencement of any work in connection with the construction maintenance, repair, renewal. modification relocation reconstruction or removal of the Pipeline where it passes undemeath the roadbed mud track or tracts of the licensor. the Licensee shall submit to the Licensor pkms setting out the method and manner of handling the work including the shoring and cribbing, if any, required to protect the Licensor's operations, and shall not proceed with the work until such plans have been approved by the Vice President- Engineering Services of the Licensor and then the work shall be done to the satisfaction of the Vice President-Engineering Services or his authorized representative. The licensor shall have the right, if it so elects, to provide such support as it may deem necessary for the sadety of its track or tracks during the time of construction, maintenance, repair, renewal modification. relocation reconstruction or removal of the Pipeline, and in the event the Licensor provides such support the licensee shall pay to the Licensor, within fifteen (15) days after bills shall have been rendered therefor, all expense incurred by the Licensor in connection therewith, which expense shall include all assignable coats. d) The licensee shall keep and maintain the soil aver the Pipeline thoroughly compacted and the grade even with the adjacent surface of the ground. Section 3. NOTICEOF OOMMENCEMENT OF WORK. If an emergency should arise requiring immediate attention the Licensee shall provide as much notice as practicable to licensor before commencing any work. In all other situations. the Licensee shall notify the Licensor at least ten (10) days (or such other time as the Licensor may allow) in advance of the commencement of any work upon property of the Licensor in correction with the construction maintenance, repair, renewal modification, reconstruction relocation or removal of the Pipeline. All such work shall be prosecuted diligently to completion Section 4. )ICENSIE TO BEAR ENTIRE EXPEN The Licensee shall bear the entire cost and expense incurred in connection with the construction maintenance, repair and renewal and airy and all modification revision relocation removal or reconstruction of the Pipeline, including any and all expense which may be incurred by the Licensor in connection therewith for supervision, inspection flagging, or otherwise. ptx ,d EXEMI T2 Par 1 of 4 Exhibit B , PLX9aal12 Farm Approved, AVP -Lw Section 5. a) The license herein granted is subject to the needs and requirements of the Licensor in the operation of its railroad and in the improvement and use of its property, and the Licensee shall at the sole expense of the Licensee, reinforce the Pipeline, or more all or any portion of the Pipeline to such new location as the licensor may designate. whenever, in the furtherance of its needs and requirements, the Licensor shall find such action necessary or desirable. b) All the terms, conditions and stipulations herein expressed with reference to the Pipeline on property of the Licensor in the location hereinbefore described shall so far as the Pipeline remains on the property, apply to the Pipeline as modified, changed or relocated within the contemplation of this section Section 6. NO INTERFERENCE WrFH LICENSOR'S OPERATION The Pipeline and ail parts thereof within and outside of the limits of the property of the Licensor shall be constructed and at all times, maintained, repaired, renewed and operated in such manner as to cause no interference whatsoever with the constant continuous and uninterrupted use of the tracks, property and facilities of the Licensor, and nothing shall be done or suffered to be done by the Licensee at any time that would in any mariner impair the safety thereof. Section 7. PROTECTION OF FIBER OPTIC CABLE SYSTEM. a) Fiber optic cable systems may be burled on the Licensee's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Licensee shall telephone the licensor at 1-800-336-9193 (a 24 -hour number) to determine if fiber optic cable is buried anywhere on the Licensors premises to be used by the Licensee. If it is, Licensee will telephone the telecommunications company(ies) involved. arrange for a cable locator, make arargementa for relocation or other protection of the fiber optic cable, all at Licensee's expense. and will commerce no work on the right of way until all such protection or relocation has been accomplished. Licensee shall indemnify and hold the Licensor harmless from and against all costs, liability and expense whatsoever (including, without limitation. attorneys' fees, court costs and expenses) arising outp( or caused in any way by Licensee,' failure to comply with the provisions of this paragraph. b) In addition to other indemnity provisions in this Agreement the Licensee shall indemnify and hold the Licensor harmless from and against all costs, liability and expense whatsoever (including, without limitatioq attorneys' fees, court costs and expenses) caused by the negligence of the Licensee, its contractor, agents and/or employees, resulting in (1) any damage to or destruction of any telecommunications system on Licensor's property, and/or (2) any injury to or death of any person employed by or on behalf of any telecommunications company, and/or its contractor, agents and/or employees, on Licensor's property. except If such costs, liability or expenses are caused solely by the direct active negligence of the Licensor. Licensee further agrees that it shall not have or seek recourse against Licensor for any claim or cause of action for alleged loss of profits or revenue or loss of service or other consequential damage to a telecommunication company using Licensor's property or a customer or user of services of the fiber optic cable on Licensor's property. Section 8. O AIMS AND I IENS FOR LA R ANg MA1 1fi • TAXES. a) The Licensee shall fully pay for all materials joined or affixed to and labor performed upon property of the Licensor in connection with the constriction raaintenc ce, repair, renewal, modification or reconstruction of the Pipeline, and shall not perrnit or suffer any mechanic's or materialnnanb lien of any kind or nature to be enforced against the property for any work done or materials furnished thereon at the instance or request or on behalf of the Licensee. The Licensee shall indemnify and hold harmless the Licensor against and from any and all liens, claims, demands, costs and expenses of whatsoever nature in anyway connected with or growing out of such work done, labor performed, or materials furnished. b) The Licensee shall promptly pay or discharge all taxes, charges and assessments levied upon in respect to, or on account of the Pipeline, to prevent the sane from becoming a charge or lien upon property of the Licensor, and so that the taxes, charges and assessments levied upon or in respect to such property shall not be increased because of the location, construction or maintenance of the Pipeline or any improvement appliance or fixture connected therewith p laced upon such property, or on account of the Licensee's interest therein. Where such tax, charge or assessment may not be separately made or assessed to the Licensee but shall be included in the assessment of the property of the Licensor, then the Licensee shall pay to the Licensor an equitable proportion of such taxes determined by the value of the Licensee's property upon property of the Licensor as compared with the entire value of such property. plx.ezb : stilt• : siu,,tukx : .: Y • c • :: a„ • • VIP Irl Page 2 or4 Exhibit B PLX980112 Form Approved, AVP.Lsw Section 9. RESTORATION OF LICENSOR'S PROD. In the event the Licensor authorizes the Licensee to take down any fence of the Licensor or in any maser move or disturb any of the other property of the Licensor in connection with the construction, maintenance, repair, renewal modification recorstruction, relocation or removal of the Pipeline, then in that event the Licensee shall as soon as possible and at Licensee's sole expense, restore such fence and other property to the sane condition as the same were in before such fence was taken down or such other property was moved or disturbed and the Licensee shall indemnify and hold harmless the Licensor, its officers, agents and employees, against and from any and afi liability, loss, damages, claims, demands, costs and expenses of whatsoever nahfe, including court costs and attorneys' fees, which may result from injury to or death of persons whomsoever, or damage to or loss or destruction of properly whatsoever, when such injury, death damage, loss or destruction grows out of or arises from the taking down of any fence or the moving or disturbance of any other properly of the Licensor. Section 10. MaINNI C. a) As used in this Section licensor' includes other railroad companies taring the Licensor's property at or new the location of the Licensee's installation and their officers. agents, and employees; Lou '' includes loss, damage, claims, demands, actions, causes of action. penalties, costs, and everses of whatsoever nature. including court costs and attorneys' fees, which may result from: a) injury to or death of persons whomsoever (including the Licensor's officers, agents, and employees, the Licensee's officers, agents, and employees, as well as any other person); and/or b) damage to or loss or destruction of property whatsoever (including Licensee's property, damage to the roadbed. tracks, equipment, or other property of the Licensor, or property in its care or custody). b) Al a major inducement and in consideration of the license and permission herein granted. the Licensee agrees to indemnify and hold harmless the Licensor from any Loss which is due to or arises from 1. The prosecution of any work contemplated by this Agreement including the Inutalkrtion construction r maintenance, repair, renewal modification, reconstruction, relocation, or removal of the Pipeline or any part thereof; or 2. The presence, operation or use of the Pipeline or contents escaping therefrom except to the extent that the Loss is caused by the sole and direct negligence of the licensor. Section 11. REMOVAL OF PIPE LINE UPON TERMINATION OF AGREEMENT. Prior to the termination of this Agreement howsoever. the licensee shall at Licensee's sole expense. remove the Pipeline from those portions of the property not occupied by the roadbed and track or tracks of the licensor and shall restore, to the satisfaction of the Licensor. such portions of such property to as good a condition as they were in at the time of the construction of the Pipeline. If the licensee falls to do the foregokg. the Licensor may do such work of removal and restoration at the cost and expense of the Licensee. The Licensor may, at its option, upon such termination. at the entire cost and expense of the licensee, remove the portions of the Pipeline located underneath its roadbed and track or tracks and restore such roadbed to as good a condition as it was in at the time of the construction of the Pipeline, or it may permit the Licensee to do such work of removal and restoration to the satisfaction of the Licensor. In the event of the removal by the Licensor of the property of the Licensee and of the restoration of the roadbed and property as herein provided the licensor shall in no manner be liable to the Licensee for airy damage sustained by the Licensee for or on account thereof, and such removal and restoration shall in no manner prejudice or impair any right of action for damages, or otherwise, that the licensor may have against the Licensee. Section 12. WAIVER OF BREACH. The waiver by the Licensor of the breach of any condition covenant or agreement herein contained to be kept, observed and performed by the Licensee shall in no way impair the right of the Licensor to avail itself of any remedy for any subsequent breach thereof. &Lodi Page 3 d4 Exhibit 13 . PLX 93011 Form Appoved. AVP•Law Section 13. TERMINATION. a) If the licensee does not use the right herein granted or the Pipeline for one (1) year, or if the Licensee continues in default in the performance of any covenant or agreement herein contained for a period of thirty (30) days after written notice from the Licensor to the Licensee specifying such default, the Licensor may, at its option forthwith immediately terminate this Agreement by written notice. b) In addition to the provisions of subparagraph a) above, this Agreement may be terminated by written notice given by either party hereto to the other on any date in such notice stated not leas, however, than thirty (30) days subsequent to the date upon which such notice shall be given. c) Notice of default and notice of termination may be served personally upon the Licensee or by mailing to the last known address of the Licensee. Termination of this Agreement for any reason shall not affect any of the rights or obligations of the parties hereto which may have accrued. or liabilities, accrued or otherwise, which may have arisen prior thereto. Section 14. r4GPFF'MENT NOT TO BE ASSIGNED. The Licensee aidl not assign this Agreement, in whole or in part, or any rights herein granted without the written consent of the Licensor, and it is agreed that any transfer or assignment or attempted transfer or assignment of this Agreement or any of the rights herein granted whether voluntary, by operation of law, or otherwise, without such consent in writing, shall be absolutely void and at the option of the Licensor, shall terminate this Agreement. Section 15. )3UCCESSORS AND ASSIGNS. Subject to the provisions of Section 14 hereof. this Agreement shall be binding upon and inure to the benefit of the parties hereto. their heirs, executors, administrators, successors and assigns. plsmb Page 4 of 4 Exhibit B r zINS 96081a Faro Approved, AVP-Law L crosee shall, at Its sob: cost and expense, procure and maintain during the life of this Agreement the following insurance coverage: a) General Liability iesurance providing bodily injury including death, personal injury and property damage coverage with a combined single limit of at least $2,000,000 each occurrence or claim and an aggregate limit of at least 54,000,000. This insurance stall contain broad form contractual liability with a separate general abate for the project (ISO Form CG 25 03 or equivalent). Exclusions for railroads (except where the Job Site is more than fifty fat (501 from any railroad tracks, bridges, trestles, roadbeds. terminals underpasses or crossings), and explosion, collapse and underground hazard shall be removed' rem shall for at least a two Coverage Pa nges from on a claims made provide (2) year extended reporting or discovery period if (a) the coveage changes from a claims made form to an occurrence form, (b) there is a lapse/cancellation of coverage, or (c) the succeeding claims made policy retroactive date is different for the expiring policy. b) Automobile Liability insurance providing bodily injury, property damage and uninsured vehicles coverage with a combined single limit of at least $2,000,000 each occurrence or claim. This assurance shall cover all motor vehicles including hired and non - owned, and mobile equipment if excluded from coverage under the general public liability assurance. c) Workers' Compensation insurance covering Licensce's statutory liability under the workers' compensation Taws of the state(s) affected by this Agreement, and Employers' Liability. If such assurance will not cover the liability of Licensee in states that require paa iontar compensation fund, Licensee shall comply with the laws of such states. If Licensee is self - insured, approval provided. Licensee and their insures'sha0 endorse the required insurance policy(ies) to waive their rieht of subroe+ation against Lic nsor. Licensee's insurance shall be printery with respect to any insurance carried by Licensor. The policies required under (a) and (b) above shall provide severability of interests and shall name Licensor as an additional insured. Prior to commencing the Work, Licensee shall fumialuoitssuctr eertificate(s) of insurance evidencing the required coverage and endorsements and upon request, a certified duplicate original of the insurance win any required policy. The certificate(s) shall captain a provision that obligates Pa y(ies) issuing such policy(ies) m notify Licensor in writing of any material ahaatoo including any change in the retroactive � in any policies or substantial reduction of aggregate limits, if such limits apply, or any cancellation at least thirty (30) days The insurance policy(ies) shall be written by a reputable Durance company(ies) acceptable to Licensor or with a current Best's Insurance Guide Rating of B and Class VII or better, and authorized to do business in the state(s) in which the Job Site is hated. License WARRANTS that this Agreement has been thoroughly reviewed by Licensees insurance agent(s)Ibroke (s), who have been instructed by Licensee to procure the insurance coverage required by this Agreement If Licensee fails to procure and maintain insurance as required, Licensor may elect to do so at the cost of Licensee. The fact that insurance is obtained by Licensee shall not be deemed to release or diminish the liability of Licensee, including, without limitation, liability under the indemnity provisions of this Agreement Damages recoverable by Licensor shall not be limited by the amount of the required insurance coverage. g:Sehmkxhibitbkxhba>•laze EXHIBIT B-1 Pipeline/W reline (Hazardous, Flammable, 12' or Larger) Insurance Requirements I:Vo ra9\plxeexb1.kjo DATE: January 7, 2000 SUBJECT: City Council Meeting - January 13, 2000 ITEM: 10.F.8. Consider a resolution authorizing the Mayor to execute a Pipeline Crossing Agreement with Union Pacific Railroad Company for the West Transmission Water Pipeline. The crossing is east and along the railroad property from the intersection of County Road 172 and McNeil Road. The fee for the crossing agreement is $1,828.00. Staff recommends approval. Staff Resource Person: Jim Nuse, Public Works Director. Check Date: 21.Jan.2000 Check No. 011720 Invnice Number I Invoice Date I Voucher ID I Gross Amount I Discount Available I Paid Amount 011800 18.Jan.2000 00020886 1,828.00 0.00 1,828.00 Vendor Number Vendor Name Total Discounts 0000000857 ,.. Union Pacific Railroad $0.00 Check Number Date Total Amount - Discounts Taken Total Paid Amount 011720 2I.Jan.2000 $1,828.00 $0.00 $1,828.00 . ION PACIF t zn,2QQQ,.,� Pay Amount $1,828.00 * ** T HUNDRED TWENTY - EIGHT AND XX' f 100 US DOLLAR.... tOUND ROCK IN STREET ROUND ROCK, TX 78664. Wm (5L2j218 -3400 CHASE BANK OF TEXAS sir t o was ,. ODaBo': 000 3 7 7 3 911' XY 011720 THE FACE OF THIS CHECK HAS A GREEN BACKGROUND - ANY OTHER COLORS MAY BE EVIDENCE OF CHEMICAL ALTERATION OR ERASURE - SEE REVERSE SIDE FOR MORE SAFETY FEATURE' Mayor Robert A. Sttuka, Jr, Mayor Pro-tem Martha A. Chavez Council Members Tom Nielson Earl M. Hairston Rick Stewart Earl Palmer Jimmy Joseph City Manager Robert L. Bennett, Jr, City Attorney Stephan L Sheets CITY OF ROUND ROCK January 28, 2000 Union Pacific Railroad Contracts Coordinator P.O. Box 718 Downtown Station Omaha, NE 68179 -0718 Dear Sir or Madam: Sincerely, Joanne Land Assistant City Manager/ City Secretary Enclosures Fax: 512- 218 -7097 1-800-735-2989 TDD 1- 800 - 735 -2988 Voice www.ci.round- mck.tx.us 221 East Main Street Round Rock, Texas 78664 512 - 218 -5400 The Round Rock City Council approved Resolution No. R- 00- 01- 13 -10F8 at their regularly scheduled meeting on January 13, 2000. This resolution authorizes the Mayor to execute the Pipeline Crossing Agreement with Union Pacific Railroad Company. Enclosed is a copy of the resolution, original agreement and check for $1,828.00 for the license. Please return a copy of the signed agreement to my attention. If you have any questions, please do not hesitate to contact Steve Miller (512) 218- 6601.