R-86-860 - 5/8/1986WHEREAS, it is necessary to construct a 6 -inch wastewater pipe line
beneath Missouri - Kansas -Texas Railroad Company's (MKT) right -of -way, and
WHEREAS, MKT has submitted a Pipe Line License Agreement which will
permit the construction of said 6 -inch wastewater pipe line, and
WHEREAS, the City Council wishes to approve and execute said license
agreement and pay the required fees, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS
That the Mayor of the City of Round Rock, Texas, is hereby authorized
and directed to execute on behalf of the City, an agreement to permit the
construction of a 6 -inch wastewater pipe line beneath MKT's right -of -way,
a copy of such agreement being attached hereto and incorporated herein
for all purposes.
RESOLVED this 8th day of May, 1986.
ATTEST:
y Secretary
RESOLUTION NO.BM
MIKE ROBINSON, Mayor
City of Round Rock, Texas
THIS AGREEMENT No made this 1st day of June io 86
between the MISSOURI - KANSAS -TEXAS RAILROAD COMPANY, hereinafter called "Licensor ", and
CITY OF ROUND ROCK, TEXAS
hereinafter called "Licensee ".
WITNESSETH:
B -K -I CXDP:=
PIPE LINE LICENSE
ARTICLE I.
ronn 1 =v
R, 1;77
1. Term: This agreement shall take effect the date hereof, and unless sooner termi-
nated as provided herein, shall continue in force so long as used for the purpose herein
set out for a period of ten (10) years, or until terminated by either party giving the
other party not less than thirty (30) days' advance notice in writing of an intention to
terminate the same, the agreement to terminate upon the expiration of such term or notice,
whichever occurs first. Licensee is hereby given a renewal option at a price and term to
be negotiated no sooner than 120 days or less than 30 days prior to the expiration of this
term. In the event the amount of renegotiated rental is not agreed to in writing by both
parties, prior to the expiration of the term of this license, this license shall automati-
cally terminate without notice, effective the last day of the expiring term.
2. Consideration and Description In consideration of FIVE HUNDRED NINETY -FIVE AND N0 /100 - --
(c 595.00 ) DOLLARS
receipt of which is hereby acknowledged, and of the covenants of Licensee as hereinafter set forth, Licensor hereby grants a license
and permission to Licensee to construct, reconstruct, use, maintain, operate, repair and install by boring method,
oneppipe lines(s) encased in a carrier pipe not exceeding six ( 6 ") inches in diameter, to be
used for carrying wastewater across or
•
along Licensors property at or near Round Rock in the County of Williamson and State
of Texas For convenience, the said pipe line is hereinafter referred to as "Crossing ". The location of said
Crossing is more particularly described as follows:
Said six (6) inch wastewater pipe line crosses said Railroad Company's
premises at an angle of 71 degrees 00 minutes, more or less, measured
to the left, southeasterly, from the centerline of said Railroad
Company's (abandoned) Austin Subdivision main track at Mile Post
U- 931.48, being main track valuation chaining station 1239 plus 75.1,
distant 977.9 feet, more or less, measured northerly along the centerline
of said main track from the centerline of a private road crossing
(D.O.T. 414 950 P) (Cha. Sta. 1249 +53). Said pipe line is not within
the limits of a public crossing.
.ARTICLE 11.
Licensee undertakes and agrees:
1. Specifications: To install said Crossing according to the specifications of the American Railway Engineering
Association Part 5. Pipelines. The Crossing shall be laid and maintained at the sole cost of Licensee. and in a manner and with
material satisfactory to Licensors Chief Engineer. with its top at (east five and one -half (5 1') feet beneath the base of the rail under
the track, and at least five and one- half(5 -112) feet below the surface of the ground
elsewhere, so it will not interfere with the safe operation of said railroad or cause
damage to Licensor's property. Said pipe line shall be encased in a larger pipe where it .
passes under any railroad track, and for at least twenty -five (25') feet on each side of
the center line of any such track.
2. Present Occupants: To make appropriate arrangements with any person or legal entity occupying the premises
affected hereby pursuant to a lease or other permission granted by Licensor. so that Licensee's said Crossing will not unreasonably
interfere with the use of the subject property. or create undue hardship on the person or legal entity occupying the premises.
3. Liability: Licensor shall not be liable for any damage to said Crossing or the contents thereof. howsoever such damage
shall be caused. whether by the negligence of Licensor, its agents. employees. or otherwise.
Licensee assumes the risk of, and shall protect, indemnify and hold harmless
Licensor and Li censor ts subsidiary company, Electra Commtmications Corporation, from and
against all liability for or on account of injury to or death of any and all persons or
damage to property, including livestock killed or injured, resulting from or incident to
the construction, maintenance, use, operation, relocation, reconstruction or existence of
said Crossing on Licensor's premises, or the removal thereof from said premises, or to
the restoration of or failure to restore said premises to their prior or other condition
as herein provided, whether such injury, death or damage shall be caused or contributed
to by the negligence of Licensor, its agents, employees or otherwise, and Licensee will
protect, indemnify and hold harmless Licensor and any others legally using its right of
way, from all claims, demands, suits or actions growing out of any such loss, injury or
demands, including investigation costs, court costs, and attorney's fees resulting in or in
any manner arising from the risks herein assumed by Licensee. Licensee further agrees to
immediately investigate any such claims, demands, or suits and shall defend, settle, and or
otherwise dispose of the same at its sole cost and expense. In the event Licensee settles
any such claims, demands, or suits, it shall obtain a release which includes Licensor.
Licensee shall not have or make against Licensor any claim or demand for or on account of anv damage Licensee ma)
suffer or sustain because of any failure of Licensor's title to the right of way and lands occupied by said Crossing or an part
thereof.
4. M aiver: To waive all right to question the validity of this License or any.of the terms or provisions hereof. or the right
or power of Licensor to execute and enforce the same.
ARTICLE 111.
It is mutually agreed by and between the parties, as follows:
1.(a) Repairs and Relocation: Licensee will at all times maintain the Crossing in a safe and secure manner, and in a
condition satisfactory to Licensor. Licensor may request Licensee to change the location of the Crossing, or any part thereof, or to
make reasonable repairs as in the judgement of Licensor shall be deemed necessary to avoid interference with or danger in theuse
or operation of Licensor's railroad. or any of its present or future appurtenances, or telegraph, telephone, signal or other lines on
Licensor's right of way, and in the event it is found necessary for Licensor to use its entire right of way, or any portion of it occupied
by the Crossing. Licensee shall at its sole expense, and within thirty (30) days after notice so to do. (or upon shorter notice in case of
emergency). remove said Crossing. or as much of the Crossing as is located upon that portion of the right of way so required by
Licensor.
(b) If Licensee shall fail to perform any of its obligations contained in this agreement to the maintenance of safe
conditions in and about said Crossing or as to the protection of wires from electrical interference on Licensor's property or to make
any necessary repairs. or to relocate said Crossing, then Licensor may cause such condition to be made safe, or change of location
to be made, or repairs to be made, or Crossing to be removed from Licensor's property, Licensor acting as the agent of Licensee,
and may perform such work as is necessary in the judgement of Licensor, and Licensee shall, on demand, promptly reimburse
Licensor the whole cost thereof, plus ten (10%) per cent thereon as a charge for supervision. accounting. and use of tools: or
Licensor may terminate this License by giving to Licensee not less than ten (10) days' advance written notice of its intention so to
do.
2. Termination: Licensor may terminate this License upon ten (10) days' written notice if Licensee fails to keep any of
Licensee's covenants herein contained, or if the right of way is required for other purposes by Licensor. and no reimbursement
shall be made for Licensee's expenses incurred in the removal of this crossing or the consideration paid for this License. No
termination or expiration shall affect the rights and liabilities, if any, of the parties hereto then existing.
3. 1ll tetorafk+a4 Upon the wrrairution of tbir agreement, whether is aceordama with the t roy:Wolk of Porogeopi 1 t
Anidt I, or Paragraph Z or 4 of Anick 111, or otherwise, Liseastt shall promptly emote mid Crowd Dols Licensor t
way. and Raton Yid right airily to as prior cordttma, 0,10 a eottdrtios tatu actory to Lima. K Liaaue shat) (sil to mato
std Creating ithin thirty 130) as after the termination of that agreement. Licensor say lemovt the same. and ehsryt d
expense therefor to the Latr set on the basis provided is Paragraph 1(b) of Anrcle 111.
4. Mlsetllaneous: (a) This License and all of the provisions herein contained shall be binding upon the parties hem'
their heirs, executors, administrators. successors and assigns, and Licensee agrees to supply notice in writing to Licensor of an
name changes Licensee agrees not to assign this License or any interest therein. without the consent of Licensor in writing. and an
and every such attempted assignment without such prior written consent shall be void and of no effect. In the event of an
assignment, Licensee shall at all times remain fully responsibk and liabk for the payment of the rental. irony. herein specified an
for the compliance of all of its other obligations under the terms, provisions, and covenants of this License.
(b) In the event rent is paid annually. Licensor expressly reserves the right to increase the above rental rate on any ;marl
anniversary date of this license by giving Licensee thirt) (30)days' written notice. Licensor mad increase the rental by ml
percentage that the Consumer Price Index has increased, published b) the Department of Labor. since the last renti
increase period, or the last anniversary date hereof.
(c) The personal pronouns used herein as referring to Licensee shall be understood so to refer to Licensee whetht
Licensee be a natural person, a partnership, or a corporation, or any combination thereof.
(d) Any notice herein required to be given by Licensor to Licensee shall be deemed properly given if served upon c
delivered to Licensee or his authorized agent, or if posted on or if mailed, postpaid, addressed to Licensee at his la:
known place of business. -
(e) No oral promises, oral agreements, or oral warranties shall be deemed a part of this License, nor shall any 'keratin!
amendment, supplement, or waiver of any of the provisions of this license be binding upon either party hereto unless th
same be supplemented, altered, changed, or amended by an instrument in writing. signed by Licensor and License'
(f) Prior to the commencement of any work on Licensor's right of way, Licensee
or Licensee's contractor shall give five (5) working days' notice to Licensor's
Roadmaster Mr. J. E. 4cMinn, P. 0. Box 9035, San Antonio, TX 78204
phone (512) 225 -1521
and until such notification has been properly given and approval received, Licensee
shall not commence work on Licensor's right of way.
(g) Prior to the commencement of any work on Licensor's right of way, in addition
to the notice required above, Licensee or Licensee's contractor shall give five
(5) working day's notice to Electra Communications Corporation, herein called
"Electra" , by contacting the Director. Fiber Systems at P. 0. Box 10305 Dallas,
Texas 75207 -0305 _ telephone number 1400-441-0223, and until such notification
)tas be properly given and approval received, Licensee shall not commence work on
Licensor's right of way. Electra say require inspection pit(s) to be dug at
Licensee's sole expense in order to protect Electra's fiber optic commtnication
system. Failure on the part of Licensee to comply with the provisions of this
section may, without waiving any other rights of the parties hereto, result in
the termination of this License.
(h) This License does not become binding upon Licensor until executed by Li censor's
vice president.
IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first above written
.
MISSOURI- KANSAS -TEXAS RAILROAD COMPANY
File: T - 1654
Sv
Vice- President
CITY OF ROUND ROCK, TEXAS
B "`Z- id
Titk Mayor
Address:
214 East Main Street
Round Rock, Texas 78664
550o63? g Pr
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MAIN 6T. •.ROUND ROCK, TEXAS 78664 No, 0 0167.7
4 DATE • CAPITOL Z NGS
CHECK NO. ROUND POC7 K, 7 iE %q5
AMOUNT
5 14,F6 1,6.77
*' iVF °riUhrn , -� $595,00
NINETY FIVE= DOLLARS & NO`, CENTS.
ISIDOCUMENT,,HAS COLORED..: B ACKGROUND. ON WHITE,,PAPERiv,�.taf*14
THE =CITY OF' ROUND ROCK
274 E: M
--., RVAT- ISMDOUMENT CONTAINS ,ANtARTIEICIAL,WATERMARK .HOLD,; AT AN -ANGLE TO,IHE --
11' 00 16 7 71r I: 3 14 706 5
11 •408 00 2 780
April 18, 1986
File: T -1654
Ms. Janice Lay -
City of:Round Rock
214 E. Main
Round Rock, Texas 78664
IS
MISSOURI - KANSAS -TEXAS RAILROAD COMPANY
REAL ESTATE AND INDUSTRIAL DEVELOPMENT DEPARTMENT
PROPERTY MANAGEMENT DIVISION
KATY BUILDING, SUITE 700
701 COMMERCE
DALLAS, TEXAS 75202
Re: -Pipe Line License covering one 6 -inch wastewater pipe line at
Mile Post U- 931.48 near Round Rock
Dear Ms. Lay:
A Pipe Line License has been prepared in reply to your request to cross our
property at the above- referenced location.
In order to complete this License, we need the following:
•_1. All three (3) copies of the License, signed by the Mayor or other authorized
city official.
2. A copy of a Resolution from the city council authorizing the Mayor, or other
official, to execute the License for the city.
3. Remittance in the amount of the enclosed billing.
•
Also, be sure to forward the enclosed Contractor's and instructions to
the contractor who will be doing the actual installation work. The Contractor's
Agreement is a separate contract between the Railroad and the contractor, and it
must also be completed before work can proceed on Railroad property.
As soon as the signed Pipe Line License copies and your remittance are received,
the License will be reviewed by the various railroad departments. Upon signa-
ture by our vice - president, one fully - executed License copy will be returned to
Your careful attention to the above details will help avoid any time - consuming
delays : in commencing the installation of the pipe line on railroad property.
Sinperely,
Seidner
Right of Way Contracts Manager
(214) 651 -6763
JMS:klw
Enclosures
April 18, 1986
File: T -1654
Ms. Janice Lay
City of Round Rock
214 E. Main
Round Rock, Texas 78664
Re: .Pipe Line License covering one 6 - inch wastewater pipe line at
Mile Post U- 931.48 near Round Rock
Dear Ms. Lay:
A Pipe Line License has been prepared in reply to you • request to cross our
property at the above - referenced location.
In order to complete this License, we need the following:
1. All three (3) copies of the License, signed by the Mayor or other authorized
city official.
2. A copy of a Resolution from the city council authorizing the Mayor, or other
official, to execute the License for the city.
3. Remittance in the amount of the enclosed billing.
Also, be sure to forward the enclosed Contractor's Agreement and instructions to
the contractor who will be doing the actual installation work. The Contractor's
Agreement is a separate contract between the Railroad and the contractor, and it
must also be compete before work can proceed on Railroad property.
As soon as the signed Pipe Line License copies and your remittance are received,
the License will be reviewed by the various railroad departments. Upon signa-
ture by our vice - president, one fully- executed License copy will be returned to
you.
Your careful attention to the above details will help avoid any time - consuming
delays in commencing the installation of the pipe line on railroad property.
Sincerely,
JMS:klw
Enclosures
n Seidner
Right of Way Contracts Manager
(214) 651 -6763
MISSOURI - KANSAS -TEXAS RAILROAD COMPANY
REAL ESTATE AND INDUSTRIAL DEVELOPMENT DEPARTMENT
PROPERTY MANAGEMENT DIVISION
KATY BUILDING, SUITE 700
701 COMMERCE
DALLAS, TEXAS 75202
(214) 651-6754
_ORIGINAL
CITY OF ROUND ROCK, TEXAS
214 E. Main .
Round Rock, Texas 78664
MAKE CHECK PAYABLE TO
MISSOURI - KANSAS -TEXAS RAILROAD COMPANY
REMIT TO TREASURER 700 Katy Building, Dallas, Texas 75202
CONSIDERATION due under terms and conditions of
Pipe Line License, dated June 1, 1986, covering
one 6 -inch wastewater pipe line at Mile Post'
U- 931.48 near Round Rock, Texas-
DUPLICATE MUST BE RETURNED WITH
YOUR REMITTANCE IN ORDER TO RE-
CEIVE PROPER CREDIT.
Bill Audit No. 4- 1- 6 -7 -95
Month's Acct
RE&ID# 4M84 -86
DATE 4 -18 -86
FILE
$595.00
T -1654
PU
CITY OP ROUND ROCK, TEXAS
214 E. Main
Round Rock, Texas 78664
MAKE CHECK PAYABLE TO
MISSOURI - KANSAS -TEXAS RAILROAD COMPANY
REMIT TO TREASURER 700 Katy Building, Dallas, Texas 75202
CONSIDERATION due under terms and conditions of
Pipe Line License, dated Jute 1, 1986, covering
one 6 -inch wastewater pipe line at Mile Post
U- 931,48 near Round Rock, Texas
Bill Audit No. 4- 1- 6 -7 -95
Month's Acct
`RE &ID# 4MR4 -86
DATE 4 -18 -86
FILE
$595.00
T -1654
CONTRACTOR'5 AGREEMENT 31.0 - r . it : , 65
•
.THIS AGREEMENT, made as of the 18th day of.,April.,, 1986,by..and..between the
MISSOUR1- KANSAS -TE RAILROAD COMPANY, a Delaware corporation,ereinafter calle
"Railroad," and p ,h
pia m- ,f NGg t/ T1 r 4' , : r,• • . :4 , • • •, hereinafter
called "Contractor;" • ,t u_F0; _. :ga,9'.c +Z
WIT * N E S S E T H : • , ,; - if: ? = #_ : c , i : .
•
1. By Agreement dated June 1, 1986, Railroad granted.to.City,of:- , Rack, #:1_
• r Texas, hereinafter called "Licensee," a Pipe Line License giving permission to:
Licensee to install one 6 -inch wastewater pipe line at Mile Post U- 9 11.48,' - .
hereinafter referred to as "Work," at Round Rock, Texas; and
2. Licensee has entered into a Contract with Contractor to perform that
,portion of the above described Work across Railroad's right of way; and
3. Contractor has requested Railroad to permit it to enter upon the right of
way of Railroad for the purpose of performing said Work,- and Railroad is agreeable
thereto, under the following terms and conditions;
NOW, THEREFORE, it is mutually agreed by and between Railroad and Contractor, as
follows: •
1. Railroad hereby grants permission to Contractor to enter upon the right of
way for the purpose of performing the Work at the location,described above; however.,
before entering upon Railroad's right of way, Contractor will give to Railroad's
Roadmaster, Mr. J. E. McMinn, P. 0. Box 9035, San Antonio, Texas 78204, telephone
(512) 225 -1521, at least five (5) days' advance notice of any Work,to be performed
upon Railroad's property. •
Prior to the commencement of any work onk { Railroad's,iight of way,
Contractor shall give five (5) working days' notice;to Electra Communications
Corporation, hereinafter called "Electra, " by contacting- the,Director, Fiber Systems
at P..0. Box 10305, Dallas, Texas'75207- 0305,'telephone 800 -441- 02250 and until
such notification has been properly given and approval received, Contractor shall not
commence work on Railroad's right of way. Electra reserves the right to have its
representative present and may require Contractor, aLCoptrector's ex to dig
inspection pit(s) as may be necessary in the opinion of Electra todocate and protect
- -• its•fiibar optic canmurucation_systan� —_— -- - ° -,.-
°;t
Contractor' shall notify Railroad's Roadmester,the,date .said Work ,
completed. Upon completion of said Work, Contractor shall promptly remove from.
Railroad's property all tools, equipment, and materials placed, thereon by the
Contractor and Contractor's agents. Contractor shallrrestore.said,property to the -
same state and condition as when Contractor entered thereon, and shall leave said
property in a clean and presentable condition. -
f3ii := •
• 2. Prior to commencement of any -Work upon or adjacent to.P.aiirnad's property
under said Contract, Contractor shall provide Railroad a certified copy of -
Contractor's General or Comprehensive Liability Policy,Aerminable.only after ten
(10) days' notice to Railroad, which shall neme'Railroad -end Electra Communications
Corporation as additional insured, covering the operations 'of Fontractor in
connection with said Work, with limits of liability in said policy not less than
$2,000,000 single limits coverage for injury to or death of one or more md
$500,000 property damage, per occurrence, which policy must be endorsed to cover the
contractual liability of Contractor under this Agreement. °
3. Said Work shall be performed in accordance with plans and specifications
approved by Railroad, and in such manner and at such times as shall not endanger or
interfere with, hinder, interrupt, or delay the operation of Railroad's trains
engines, cars, and other Railroad facilities at said location. No materiels, tools,
or equipment shall be stored any closer than ten (10) feet of the centerline of any
track. The regulations of Railroad and the instructions of its representatives shall
be complied with relating to the proper manner of protecting the tracks, pipe lines,
wire, lines, signals, and all other property at said location; the traffic moping on
such tracks; and the removal of tools, equipment and materials.
4. Contractor understands that Electra has an easement along Railroad's right
of way for the installation of an underground fiber optic communications system and
that pursuant to said easement, Electra has caused a fiber optic cable and other
related appurtenances to be buried along the Railroad's right of way and that said
fiber optic cable system carries a high volume of communication data, messages and
other communications between points along Railroad's right of way and that it is of
utmost importance to Electra and Railroad that said communications facility not be
interfered with, damaged or cut. Consequently, as a condition to the granting of
this agreement by Railroad to Contractor, and without which assurances Railroad would
not enter into this agreement with Contractor, Contractor does hereby agree to
indemnify, defend and save harmless Railroad, Electra, their officers, employees and
agents from any and all loss, damage, or injury to any part of the aforesaid fiber
optic cable or cable system and appurtenances (including loss of use or revenue, and "
any indirect or consequential damages) together with all liability for any expenses,
attorneys' fees and costs incurred or sustained by Railroad or Electra arising from
or growing out of, or in any manner or degree directly or indirectly caused by,
attributable to, or resulting from the grant or exercise of the rights herein granted
__.to Cgntr_actor or_ construction,. maintenance,_ repair, renewal, alteration,
presence, use, operation, or installation of the Work hereinabove described on the
part of Contractor, regardless of whether or not any such loss, damage, or injury was
contributed to by or bn the part of Railroad, Electra, their agents, servants or
employees.
5. Contractor agrees to reimburse Railroad for all costs and expenses incurred
by railroad in connection with Work performed by Contractor or Subcontractor,
including but not limited to the furnishing of such inspectors, watchmen and flagmen
as Railroad deems necessary to protect its property, tracks, engines, trains and
cars, and the operation thereof; the installation and removal of any necessary
falsework beneath the tracks of Railroad; and the restoration of Railroad's property.
The permission herein given shall not be assigned by Contractor without the
prior written consent of Railroad, except in the case of Subcontractors, who shall be
deemed agents of Contractor subject'to the terms of this Agreement.
Contractor, at Contractor's expense, shall maintain competent flagmen to
protect and control the movement of vehicles and equipment of Contractor at all times
while private crossings over the tracks of Railroad are being used by Contractor,
Contractor's' agents, employees and /or Subcontractors, in connection'with said Work.
-2-
a ..
Likewise, Contractor agrees to reimburse Electra for all expenses incurred
by it relating to Contractor's Work hereunder.
6. In consideration of the added hazard brought about by Contractor's
operations upon Railroad's premises, Contractor agrees to release, hold harmless,
defend, and indemnify Railroad and Electra from and against all costs,'expenses,
claims and liability for injury to or death of any persons,•and for damage to or loss
of any property, however caused, resulting from, arising out of, or in any way
connected with the Work under said contract upon or adjacent to Railroad's property,
whether or not caused or contributed to by the operation of trains on Railroad's
adjacent track, or by any negligence or alleged negligence on the part of any of
Railroad's or Electra's agents or employees. For purposes of this Section 6, the
term "Railroad" shall include any other railroad company using Railroad's property at
said location with Railroad's consent, and any affiliate, subsidiary, or lessor
Railroad.
7. Should Railroad bring suit to compel performance of or to recover for
breach of any covenant or condition contained herein, Contractor shall pay to
Railroad reasonable attorney's fees in addition to the amount of judgment and costs.
It is fully understood that Electra may bring suit to compel performance by
Contractor hereunder or to recover for breach of any covenant or condition contained
herein as if Electra were a• party hereto, and Contractor shall pay to Electra
reasonable attorneys' fees in addition to the amount of any judgment and costs
rendered against Contractor.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed
as of the day and year first herein written.
File: T-1654'
-
MISSOURI- KANSAS -TEXAS RAILROAD COMPANY
CITY OF R
By
Address:
ice- President
Title Vi President
Fielder,.Remley & Tilton, Inc.
3913 Medical Parkway, Suite 101
Austin, Texas 78756
451 -7353 Attn: Frank Nagy
COMPANIES AFFORDING COVERAGES
COMPANY
LETTE A AMERICAN GENERAL
cDMPANV B
LETTER
NAME AND ADDRESS OF INSURED
Robert A. Morris, Jr.
dba RAM EXCAVATING CO.
2006 Parmer Lane
Austin, Texas 78727
837 -7451
COMPANY C
LETTER
COMPANY D
LETTER
COMPANY E
LETTER L
This is to certify that policies of insurance listed below have been issued to the Insured named above and are In force at this time. Notwithstanding any requirement, term or condition
of any contract or other document with respect to which this certificate may be Issued o may pertain, the insurance afforded by the policies described herein Is subject to all the
terms, a elusions and conditions of such policies.
COMPANY
LETTER
TYPE OF INSURANCE
POLICY NUMBER
POLICY
EXPIRATION DATE
I
EACH
OCCURRENCE
AGGREGATE
£.
GENERAL LIABILITY
❑ COMPREHENSIVE FORM
❑ PREMISES —OPERATIONS
❑ EXPLOSION AND COLLAPSE
HAZARD
❑ UNDERGROUND HAZARD
❑ PRODUCTS/COMPLETED
❑ OPERATIONS HAZARD
CONTRACTUAL INSURANCE
❑ BROAD AGE FORM PROPERTY
DAM
❑ INDEPENDENT CONTRACTORS
❑ PERSONAL INJURY
•
'
BODILY INJURY
PROPERTY DAMAGE
$
$
5
•
5
BODILY INJURY AND
PROPERTY DAMAGE
COMBINED
$
$
PERSONAL INJURY
f
•
AUTOMOBILE LIABILITY
JJ�-�JJ
a COMPREHENSIVE FORM
a OWNED
a HMO •
NON -OWNED
GLM68814889
3 -26 -87
BODILY INJURY
(EACH PERSON)
BODILY INJURY
(EACH ACCIDENT)
$
$
i`•T'r.+'R
PROPERTY DAMAGE
0
BODILY INJURY AND
PROPERTY DAMAGE
COMBINED
$5007
EXCESS LIABILITY
��77
fa UMRRELLA FORM
❑ OTHER THAN UMBRELLA
FORM
UB38729801
3 -26 -87
BODILY INJURY AND
PROPERTY DAMAGE
COMBINED
0
2,000
$
$
2,000
Iucx.OMW
WORKERS' COMPENSATION
. and
EMPLOYERS' LIABILITY
STATUTORY
-
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES
Cancellation:
Should any of
pany will endeavor
mail such notice
the above desc policies be cancelled
to mail days written
notice to
of any
before the expiration date thereof, the issuing com
the below named certificate holder, but failure to
kind upon the company.
•
DAT f ti/ . 6 AIM
_
shall im pose no obligation or liability
NAME AND ADDRESS OF CERTIFICATE HOLDER and
additional insured
Electra Communications Corporation
P.O. Box 10305
Dallas, Texas 75207 -0305
I o n, Inc. /fan
AUTHORIZED REPRESENTATIVE
Ef1TIF S AS A MATTER OF INFORMATIO ONLY ANO CONFERS 011 OHTS f •0 THE CENTIFIC 7L` HOLDER
THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW -
ACORD 25 (179)
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LIEASVI G Etf *.7f 4} L
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LIABILITY •
COOILY INJURY T s
:Nmley 6 +i1toj Inc,
;Y Mu6ical '.'at} :may, suite 10'
ESta.n', Tern a 7875 - L
4�,- •..., Attn: Frank Nary
•
AN. N , . INSURED Fp+ r •->
,route Mcrris, Jr. •.
4ba.•RRALM EXCAVATING CO. �
2008 Peruser. Sa::e
Austin, Texas 78727
837 -7451, COMPAAY
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To the Contractor:
Enclosures
MISSOURI-KANSAS-TEXAS RAILROAD COMPANY
REAL iiTAU AND DiDUTITUAL DEVILMENT DLrARTYENT
PROPERTY MANAGEMENT DIVISION
KATY CUIIDING
DALIAL, TEXAS 71202
IMPORTANT: PLEASE READ CAREFULLY!
Before the Railroad can permit you to enter upon its property for the
nn stallation of the pipeline, it will be necessary to complete the enclosed
Contractor's Agreement as follows. Failure to complete as outlined below will
delay the approval process:
1. Fill in the complete, legal name of the contractor in the space
provided on Page 1 of the Contractor's Agreement. If a corporation, give
the state of incorporation. If a partnership, give the name of all partners.
2. Fill in the name and address of the contractor in the space provided at
the bottom of Page 2 of the Contractor's Agreement. If the contractor is a
corporation, then the person signing on its behalf must be either a vice
president or the president.
3. Return all three copies of the Contractor's Agreement together with a
certified copy 'lea certificate) of the insurance policy as required by
Paragraph 2 at 6Z of the first page of the Contractor's Agreement.
Check to see that the policy does include contractual liability coverage
which does not exclude operations on railroad property. Such an exclusion
is often found as a paragraph "p" or "q ", or B(5) in the list of exclusions
to the contractual coverage.
Please return properly cbmpleted agreements and certified copy of insurance to
Jan Seidner at address above. As soon as the Contractors Agreement and
insurance have been approved by the Railroad, one fully executed Contractor's
Agreement copy will be returned to you with instructions to proceed. In no
event should you enter upon Railroad property until you have received a
Contractor's Agreement cop) signed by our vice president. Your attention to
the above details will help avoid time consuming delays.
P14)1314754
141 .X COPY
CONTRACTOR'S AGREEMENT
THIS AGREEMENT, made as of the 18th day of April, 1986, by and between the
MISSOURI- KANSAS -TEXAS RAILROAD COMPANY, a Delaware corporation, hereinafter called
"Railroad," and , hereinafter
called "Contractor;
W 1 T N E S S E T H:
1. By Agreement dated June 1, 1986, Railroad granted to City of Round Rock,
Texas, hereinafter called "Licensee," a Pipe Line License giving permission to
Licensee to install one 6 -inch wastewater pipe line at Mile Post U- 931.48,
hereinafter referred to as "Work," at Round Rock, Texas; and
2. Licensee has entered into a Contract with Contractor to perform that
portion of the above described Work across Railroad's right of way; and
3. Contractor, has requested Railroad to permit it to enter upon the right of
way of Railroad for the purpose of performing said Work, and Railroad is agreeable
thereto, under the following terms and conditions;
NOW, THEREFORE, it is mutually agreed by and between Railroad and Contractor, as
follows:
1. Railroad hereby grants permission to Contractor to enter upon the right of
way for the purpose of performing the Work at the location described above; however,
before entering upon Railroad's right of way, Contractor will give to Railroad's
Roadmaster, Mr. J. E. McMinn, P. 0. Box 9035, San Antonio, Texas 78204, telephone
(512) 225 -1521, at least five (5) days' advance notice of any Work to be performed
upon Railroad's property.
Prior to the commencement of any work on Railroad's right of way,
Contractor shall give five (5) working days' notice to Electra Communications
Corporation, hereinafter called "Electra," by contacting the Director Fiber Systems
at P. U. Box•10305, Dallas, 'Texas 75207 -0305, telephone 1-800-44f:0223, and until
such notification has been properly given and approval received, Contractor shall not
commence work on Railroad's right of way. Electra reserves the right to have its
representative present and may require Contractor, at Contractor's expense, to dig
inspection pit(s) as may be necessary in the opinion of Electra to locate and protect
its fiber optic communication system.
Contractor shall notify Railroad's Roadmaster the date said Work is
completed. Upon completion of said Work, Contractor shall promptly remove from
Railroad's property all tools, equipment, and materials placed thereon by the
Contractor and Contractor's agents. Contractor shall restore said property to the
same state and condition as when Contractor entered thereon, and shall leave said
property in a clean and presentable condition.
2. Prior to commencement of any Work upon or adjacent to Railroad's property
under said Contract, Contractor shall provide Railroad a certified copy of
Contractor's General or Comprehensive Liability Policy, terminable only after ten
(10) days' notice to Railroad, which shall name Railroad and Electra Communications
-1-
Corporation as additional insured, covering the operations of Contractor in
connection with said Work, with limits of liability in said policy not less than
$2,000,000 single limits coverage for injury to or death of one or more persons and
$500,000 property damage, per occurrence, which policy must be endorsed to cover the
contractual liability of Contractor under this Agreement.
3. Said Work shall be performed in accordance with plans and specifications
approved by Railroad, and in such manner and at such times as shall not endanger or
interfere with, hinder, interrupt, or delay the operation of Railroad's trains
engines, cars, and other Railroad facilities at said location. No materials, tools,
or equipment shall be stored any closer than ten (10) feet of the centerline of any
track. The regulations of Railroad and the instructions of its representatives shall
be complied with relating to the proper manner of protecting the tracks, pipe lines,
wire, lines, signals, and all other property at said location; the traffic moving on
such tracks; and the removal of tools, equipment and materials.
4. Contractor understands that Electra has an easement along Railroad's right
of way for the installation of an underground fiber optic communications system and
that pursuant to said easement, Electra has caused a fiber optic cable and other
related appurtenances to be buried along the Railroad's right of way and that said
fiber optic cable system carries a high volume of communication data, messages and
other communications between points along Railroad's right of way and that it is of
utmost importance to Electra and Railroad that said communications facility not be
interfered with, damaged or cut. Consequently, as a condition to the granting of
this agreement by Railroad to Contractor, and without which assurances Railroad would
not enter into this agreement with Contractor, Contractor does hereby agree to
indemnify, defend and save harmless Railroad, Electra, their officers, employees and
agents from any and all loss, damage, or injury to any part of the aforesaid fiber
optic cable or cable system and appurtenances (including loss of use or revenue, and
any indirect or consequential damages) together with all liability for any expenses,
attorneys' fees and costs incurred or sustained by Railroad or Electra arising from
or growing out of, or in any manner or degree directly or indirectly caused by,
attributable to, or resulting from the grant or exercise of the rights herein granted
to Contractor or the construction, maintenance, repair, renewal, alteration,
presence, use, operation, or installation of the Work hereinabove described on the
part of Contractor, regardless of whether or not any such loss, damage, or injury was
contributed to by or on the part of Railroad, Electra, their agents, servants or
employees.
5. Contractor agrees to reimburse Railroad for all costs and expenses incurred
by railroad in connection with Work performed by Contractor or Subcontractor,
including but not limited to the furnishing of such inspectors, watchmen and flagmen
as Railroad deems necessary to protect its property, tracks, engines, trains and
cars, and the operation thereof; the installation and removal of any necessary
falsework beneath the tracks of Railroad; and the restoration of Railroad's property.
The permission herein given shall not be assigned by Contractor without the
prior written consent of Railroad, except in the case of Subcontractors, who shall be
deemed agents of Contractor subject to the terms of this Agreement.
Contractor, at Contractor's expense, shall maintain competent flagmen to
protect and control the movement of vehicles and equipment of Contractor at all times
while private crossings over the tracks of Railroad are being used by Contractor,
Contractor's' agents, employees and /or Subcontractors, in connection with said Work.
-2-
Likewise, Contractor agrees to reimburse Electra for all expenses incurred
by it relating to Contractor's Work hereunder.
6. In consideration of the added hazard brought about by Contractor's
operations upon Railroad's premises, Contractor agrees to release, hold harmless,
defend, and indemnify Railroad and Electra from and against all costs, expenses,
claims and liability for injury to or death of any persons, and for damage to or loss
of any property, however caused, resulting from, arising out of, or in any way
connected with the Work under said contract upon or adjacent to Railroad's property,
whether or not caused or contributed to by the operation of trains on Railroad's
adjacent track, or by any negligence or alleged negligence on the part of any of
Railroad's or Electra's agents or employees. For purposes of this Section 6, the
term "Railroad" shall include any other railroad company using Railroad's property at
said location with Railroad's consent, and any affiliate, subsidiary, or lessor
Railroad.
7. Should Railroad bring suit to compel performance of or to recover for
breach of any covenant or condition contained herein, Contractor shall pay to
Railroad reasonable attorney's fees in addition to the amount of judgment and costs.
It is fully understood that Electra may bring suit to compel performance by
Contractor hereunder or to recover for breach of any covenant or condition contained
herein as if Electra were a party hereto, and Contractor shall pay to Electra
reasonable attorneys' fees in addition to the amount of any judgment and costs
rendered against Contractor.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed
as of the day and year first herein written.
File: 1-1654
-
MISSOURI- KANSAS -TEXAS RAILROAD COMPANY
By
By
Vice President
CITY OF ROUND ROCK, TEXAS
Title - Vice - President
Address:
MISSOURI - KANSAS -TEXAS RAILROAD CO.
COPY FOR RECORDS
ti 1/ . A
RIGINATING OFFICER DATE
VICE -PRES. OPERATION DATE
GENERAL. MANAGER DATE
A. V. P. M /W /S DATE
COMPTROLLER DATE
GENERAL. COUNSEL DATE
VICE -PRES. PROP. MGSIT.
DA I ":
V - CE- . °.ES. RE & ID
CONTRACTOR'S AGREEMENT
•
THIS AGREEMENT, made as of the 18th day of April, 1986, by and between the
MISSOURI - KANSAS -TEXAS RAILROAD COMPANY, a Delaware corporation, hereinafter called
"Railroad," and -, hereinafter
called "Contractor;"
W 1 T N E S S E T H:
1. By Agreement dated June 1, 1986, Railroad granted to City of Round Rock,
Texas, hereinafter called "Licensee," a Pipe Line License giving permission to
Licensee to install one 6 -inch wastewater pipe line at Mile Post U- 931.48,
hereinafter referred to as "Work," at Round Rock, Texas; and
2. Licensee has entered into a Contract with Contractor to perform that
portion of the above described Work across Railroad's right of way; and
3. Contractor has requested Railroad to permit it to enter upon the right of
way of Railroad for the purpose of performing said Work, and Railroad is agreeable
thereto,' under the following terms and conditions;
NOW, THEREFORE, it is mutually agreed by and between Railroad and Contractor, as
follows:
1. Railroad hereby grants permission to Contractor to enter upon the right of
way for the purpose of performing the Work at the location described above; however,
before entering upon Railroad's right of way, Contractor will give to Railroad's
Roadmaster, Mr. J. E. McMinn, P. 0. Box 9035, San Antonio, Texas 78204, telephone
(512) 225 -1521, at least five (5) days' advance notice of any Work to be performed
upon Railroad's property.
Prior to the commencement of any work on Railroad's right of way,
Contractor shall give five (5) working days' notice to Electra Communications
Corporation, hereinafter called "Electra," by contacting the Director, Fiber Systems
at P. D. Box Dallas, Texas 75207 -030, telephone 1- 800 -44f- 0223,, and until
such notification has been properly given and approval received, Contractor shall not
commence work on Railroad's right of way. Electra reserves the right to have its
representative present and may require Contractor, at Contractor's expense, to dig
inspection pit(s) as may be necessary in the opinion of Electra to locate and protect
its fiber optic communication system.
Contractor shall notify Railroad's Roadmaster the date said Work is
completed. Upon completion of said Work, Contractor shall promptly remove from
Railroad's property all tools, equipment, and materials placed thereon by the
Contractor and Contractor's agents. Contractor shall restore said property to the
same state and condition as when Contractor entered thereon, and shall leave said
property in a clean and presentable condition.
2. Prior to commencement of any Work upon or adjacent to Railroad's property
under said Contract, Contractor shall provide Railroad a certified copy of
Contractor's General or Comprehensive Liability Policy, terminable only after ten
(10) days' notice to Railroad, which shall name Railroad and Electra Communications
-1-
Corporation as additional insured, covering the operations of Contractor in
connection with said Work, with limits of liability in said policy not less than
$2,000,000 single limits coverage for injury to or death of one or more persons and
$500,000 property damage, per occurrence, which policy must be endorsed to cover the
contractual liability of Contractor under this Agreement.
3. Said Work shall be performed in accordance with plans and specifications
approved by Railroad, and in such manner and at such times as shall not endanger or
interfere with, hinder, interrupt, or delay the operation of Railroad's trains
engines, cars, and other Railroad facilities at said location. No materials, tools,
or equipment shall be stored any closer than ten (10) feet of the centerline of any
track. The regulations of Railroad and the instructions of its representatives shall
be complied with relating to the proper manner of protecting the tracks, pipe lines,
wire, lines, signals, and all other property at said location; the traffic moving on
such tracks; and the removal of tools, equipment and materials.
4. Contractor understands that Electra has an easement along Railroad's right
of way for the installation of an underground fiber optic communications system and
that pursuant to said easement, Electra has caused a fiber optic cable and other
related appurtenances to be buried along the Railroad's right of way and that said
fiber optic cable system carries a high volume of communication data, messages and
other communications between points along Railroad's right of way and that it is of
utmost importance to Electra and Railroad that said communications facility not be
interfered with, damaged or cut. Consequently, as a condition to the granting of
this agreement by Railroad to Contractor, and without which assurances Railroad would
not enter into this agreement with Contractor, Contractor does hereby agree to
indemnify, defend and save harmless Railroad, Electra, their officers, employees and
agents from any and all loss, damage, or injury to any part of the aforesaid fiber
optic cable or cable system and appurtenances (including loss of use or revenue, and
any indirect or consequential damages) together with all liability for any expenses,
attorneys' fees and costs incurred or sustained by Railroad or Electra arising from
or growing out of, or in any manner or degree directly or indirectly caused by,
attributable to, or resulting from the grant or exercise of the rights herein granted
to Contractor or the construction, maintenance, repair, renewal, alteration,
presence, use, operation, or installation of the Work hereinabove described on the
part of Contractor, regardless of whether or not any such loss, damage, or injury was
contributed to by or on the part of Railroad, Electra, their agents, servants or
employees.
5. Contractor agrees to reimburse Railroad for all costs and expenses incurred
by railroad in connection with Work performed by Contractor or Subcontractor,
including but not limited to the furnishing of such inspectors, watchmen and flagmen
as Railroad deems necessary to protect its property, tracks, engines, trains and
cars, and the operation thereof; the installation and removal of any necessary
falsework beneath the tracks of Railroad; and the restoration of Railroad's property.
The permission herein given shall not be assigned by Contractor without the
prior written consent of Railroad, except in the case of Subcontractors, who shall be
deemed agents of Contractor subject to the terms of this Agreement.
Contractor, at Contractor's expense, shall maintain competent flagmen to
protect and control the movement of vehicles and equipment of Contractor at all times
while private crossings over the tracks of Railroad are being used by Contractor,
Contractor's' agents, employees and /or Subcontractors, in connection with said Work.
-2-
Likewise, Contractor agrees to reimburse Electra for all expenses incurred
by it relating to Contractor's Work hereunder.
i
6. In consideration of the added hazard brought about by Contractor's
operations upon Railroad's premises, Contractor agrees to release, hold harmless,
defend, and indemnify Railroad and Electra from and against all costs, expenses,
claims and liability for injury to or death of any persons, and for damage to or loss
of any property, however caused, resulting from, arising out of, or in any way
connected with the Work under said contract upon or adjacent to Railroad's property,
whether or not caused or contributed to by the operation of trains on Railroad's
adjacent track, or by any negligence or alleged negligence on the part of any of
Railroad's or Electra's agents or employees. For purposes of this Section 6, the
term "Railroad" shall include any other railroad company using Railroad's property at
said location with Railroad's consent, and any affiliate, subsidiary, or lessor
Railroad.
7. Should Railroad bring suit to compel performance of or to recover for
breach of any covenant or condition contained herein, Contractor shall pay to
Railroad reasonable attorney's fees in addition to the amount of judgment and costs.
It is fully understood that Electra may bring suit to compel performance by
Contractor hereunder or to recover for breach of any covenant or condition contained
herein as if Electra were a party hereto, and Contractor shall pay to Electra
reasonable attorneys' fees in addition to the amount of any judgment and costs
rendered against Contractor.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed
as of the day and year first herein written.
File: T -1654
MISSOURI- KANSAS -TEXAS RAILROAD COMPANY
By
CITY OF ROUND ROCK, TEXAS
By
-3-
Title Vice- President
Address:
Vice- President
CONTRACTOR'S AGREEMENT
THIS AGREEMENT, made as of the 18th day of April, 1986, by and between the
MISSOURI- KANSAS -TEXAS RAILROAD COMPANY, a Delaware corporation, hereinafter called
"Railroad," and , hereinafter
called "Contractor;"
W 1 T N E S S E T H:
1. By Agreement dated June 1, 1986, Railroad granted to City of Round Rock,
Texas, hereinafter called "Licensee," a Pipe Line License giving permission to
Licensee to install one 6 -inch wastewater pipe line at Mile Post U- 931.48,
hereinafter referred to as "Work," at Round Rock, Texas; and
2. Licensee has entered into a Contract with Contractor to perform that
portion of the above described Work across Railroad's right of way; and
3. Contractor has requested Railroad to permit it to enter upon the right of
way of Railroad for the purpose of performing said Work, and Railroad is agreeable
thereto, under the following terms and conditions;
NOW, THEREFORE, it is mutually agreed by and between Railroad and Contractor, as
follows:
1. Railroad hereby grants permission to Contractor to enter upon the right of
way for the purpose of performing the Work at the location described above; however,
before entering upon Railroad's right of way, Contractor will give to Railroad's
Roadmaster, Mr. J. E. McMinn, P. 0. Box 9035, San Antonio, Texas 78204, telephone
(512) 225 -1521, at least five (5) days' advance notice of any Work to be performed
upon Railroad's property.
Prior to the commencement of any work on Railroad's right of way,
Contractor shall give five (5) working days' notice to Electra Communications
Corporation, hereinafter called "Electra," by contacting the Director, Fiber Systems
at P. U. Box Dallas, Texas 75207 -030, telephone 1 -800- 441 - 0223 and until
such notification has been properly given and approval received, tontractor shall not
commence work on Railroad's right of way. Electra reserves the right to have its
representative present and may require Contractor, at Contractor's expense, to dig
inspection pit(s) as may be necessary in the opinion of Electra to locate and protect
its fiber optic communication system.
Contractor shall notify Railroad's Roadmaster the date said Work is
completed. Upon completion of said Work, Contractor shall promptly remove from
Railroad's property all tools, equipment, and materials placed thereon by the
Contractor and Contractor's agents. Contractor shall restore said property to the
same state and condition as when Contractor entered thereon, and shall leave said
property in a clean and presentable condition.
2. Prior to commencement of any Work upon or adjacent to Railroad's property
under said Contract, Contractor shall provide Railroad a certified copy of
Contractor's General or Comprehensive Liability Policy, terminable only after ten
(10) days' notice to Railroad, which shall name Railroad and Electra Communications
-1-
-2-
Corporation as additional insured, covering the operations of Contractor in
connection with said Work, with limits of liability in said policy not less than
$2,000,000 single limits coverage for injury to or death of one or more persons and
$500,000 property damage, per occurrence, which policy must be endorsed to cover the
contractual liability of Contractor under this Agreement.
3. Said Work shall be performed in accordance with plans and specifications
approved by Railroad, and in such manner and at such times as shall not endanger or
interfere with, hinder, interrupt, or delay the operation of Railroad's trains
engines, cars, and other Railroad facilities at said location. No materials, tools,
or equipment shall be stored any closer than ten (10) feet of the centerline of any
track. The regulations of Railroad and the instructions of its representatives shall
be complied with relating to the proper manner of protecting the tracks, pipe lines,
wire, lines, signals, and all other property at said location; the traffic moving on
such tracks; and the removal of tools, equipment and materials.
4. Contractor understands that Electra has an easement along Railroad's right
of way for the installation of an underground fiber optic communications system and
that pursuant to said easement, Electra has caused a fiber optic cable and other
related appurtenances to be buried along the Railroad's right of way and that said
fiber optic cable system carries a high volume of communication data, messages and
other communications between points along Railroad's right of way and that it is of
utmost importance to Electra and Railroad that said communications facility not be
interfered with, damaged or cut. Consequently, as a condition to the granting of
this agreement by Railroad to Contractor, and without which assurances Railroad would
not enter into this agreement with Contractor, Contractor does hereby agree to
indemnify, defend and save harmless Railroad, Electra, their officers, employees and
agents from any and all loss, damage, or injury to any part of the aforesaid fiber
optic cable or cable system and appurtenances (including loss of use or revenue, and
any indirect or consequential damages) together with all liability for any expenses,
attorneys' fees and costs incurred or sustained by Railroad or Electra arising from
or growing out of, or in any manner or degree directly or indirectly caused by,
attributable to, or resulting from the grant or exercise of the rights herein granted
to Contractor or the construction, maintenance, repair, renewal, alteration,
presence, use, operation, or installation of the Work hereinabove described on the
part of Contractor, regardless of whether or not any such loss, damage, or injury was
contributed to by or on the part of Railroad, Electra, their agents, servants or
employees.
5. Contractor agrees to reimburse Railroad for all costs and expenses incurred
by railroad in connection with Work performed by Contractor or Subcontractor,
including but not limited to the furnishing of such inspectors, watchmen and flagmen
as Railroad deems necessary to protect its property, tracks, engines, trains and
cars, and the operation thereof; the installation and removal of any necessary
falsework beneath the tracks of Railroad; and the restoration of Railroad's property.
The permission herein given shall not be assigned by Contractor without the
prior written consent of Railroad, except in the case of Subcontractors, who shall be
deemed agents of Contractor subject to the terms of this Agreement.
Contractor, at Contractor's expense, shall maintain competent flagmen to
protect and control the movement of vehicles and equipment of Contractor at all times
while private crossings over the tracks of Railroad are being used by Contractor,
Contractor's' agents, employees and /or Subcontractors, in connection with said Work.
Likewise, Contractor agrees to reimburse Electra for all expenses incurred
by it relating to Contractor's Work hereunder.
6. In consideration of the added hazard brought about by Contractor's
operations upon Railroad's premises, Contractor agrees to release, hold harmless,
defend, and indemnify Railroad and Electra from and against all costs, expenses,
claims and liability for injury to or death of any persons, and for damage to or loss
of any property, however caused, resulting from, arising out of, or in any way
connected with the Work under said contract upon or adjacent to Railroad's property,
whether or not caused or contributed to by the operation of trains on Railroad's
adjacent track, or by any negligence or alleged negligence on the part of any of
Railroad's or Electra's agents or employees. For purposes of this Section 6, the
term "Railroad" shall include any other railroad company using Railroad's property at
said location with Railroad's consent, and any affiliate, subsidiary, or lessor
Railroad.
7. Should Railroad bring suit to compel performance of or to recover for
breach of any covenant or condition contained herein, Contractor shall pay to
Railroad reasonable attorney's fees in addition to the amount of judgment and costs.
It is fully understood that Electra may bring suit to compel performance by
Contractor hereunder or to recover for breach of any covenant or condition contained
herein as if Electra were a party hereto, and Contractor shall pay to Electra
reasonable attorneys' fees in addition to the amount of any judgment and costs
rendered against Contractor.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed
as of the day and year first herein written.
File: T -1654
By
-3-
MISSOURI-KANSAS-TEXAS RAILROAD COMPANY
CITY OF ROUND ROCK, TEXAS
By
Title . Vice-President
Address:
ice- President