Loading...
R-94-04-28-9F - 4/28/1994WHEREAS, the City of Round Rock needs to cross under the track of the Union Pacific Railroad Company with a waterline which is part of the Eastern Water Loop Project, and WHEREAS, the Union Pacific Railroad Company has agreed to said crossing on condition that the City execute a Pipeline License Agreement ( "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 the Agreement with Union Pacific Railroad Company, a copy of said Agreement being attached hereto and incorporated herein for all purposes. RESOLVED this the 28th day of April, 1994. ATTEST: KS /RESOLUTION RSO4284F RESOLUTION NO. /e " 9 - 0 7 07U - / F LAND, City Secretary /IA- LAI 4. CHARLES CULPEP'•E'; ayor City of Round Ro , Texas PL X 940206 Form Approved, AVP -Law PIPELINE CROSSING AGREEMENT ARTICLES OF AGREEMENT Mile Post 157.77, Austin Subdivision Location: Round Rock, Williamson County, Texas r,� i ) THIS AGREEMENT, is made Aa , gd entered into as of the _ day of (,�JJJ ,J , 19 `f by and between MISSOURI PACIFIC RAILROAD C MPANY, a Delaware corporation, (hereinafter the Licensor) and CITY OF ROUND ROCK, TEXAS, a municipal corporation of the State of Texas, to be addressed at 2008 Enterprise Drive, Round Rock, TX 78664 (hereinafter the Licensee). IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: Article 1. LICENSE FEE. Upon execution of this Agreement, the Licensee shall pay to the Licensor a one time license fee of $600.00. Article 2. LICENSOR GRANTS RIGHT. L: \FORMS \PLXART.KJO 1 Folder No. 1395 -95 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 performed, the Licensor hereby grants to the Licensee the right to construct and thereafter, during the term hereof, to maintain and operate one underground water pipeline crossing (hereinafter the Pipeline) in the location shown and in conformity with the dimensions and specifications indicated on the attached print dated March 14, 1994, marked Exhibit A. Article 3. 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. PL X 940206 Form Approved, AVP -Law Article 4. IF WORK IS TO BE PERFORMED BY CONTRACTOR. If a 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 5. 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 issued by its insurance carrier confirming the existence of such insurance and that the policy or policies contain the following endorsement: Missouri 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 one underground water pipeline crossing located on Railroad right of way at Mile Post 157.77 at or near Round Rock, 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: Director Contracts, Union Pacific Railroad Company, Real Estate Department, 1416 Dodge Street, Room 1100 , Omaha, Nebraska 68179- 1100. Article 6. 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. L: \FORMS \PLXART.KJO 2 PL X 940206 Form Approved, AVP -Law Article 7. SPECIAL PROVISIONS. None IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first herein written. Witness: MISSOURI PACIFIC RAILROAD COMPANY By: X 1, RSSisriajr C1r11 m e / � Title: / ) Crry SECRET/ R y L: \FORMS \PLXART.KJO 3 Director- Contracts CITY ROCK, TEXAS STEEL CASING WALL THICKNESS CHART YINILLIN THICKNESS CHALKIER OF CASINO PIPE 1 /4• 4�e o e 55MW: s000 1 S /18• 3 /B T /I6' I/2' 9 /I6• 5/8• OYER A5 141ST BE APPROVED BY R.R. CO. NOTE: THIS CHART I5 ONLY FOR 51.100TN STEEL CASING PIPES WITH 311111401 YIELD STRENGTH OF 35.000 P51. PLACE ARROW INDICATING NORTH DIR;' IVE TO CROSSING Round Rock (NEAREST IL0. 103 E t / v 4? APPLICATION • FOR ENCASED a` / NON - FLAMMABLE PIPELINE CROSSING 4 , a •3' a m 1224 n 41 o - 02 FT 15E5 NOTE ] • 1) 50 FT. 0111. 0151 Is.. Nets D. NO SCALE ignal 157.7 10000015E 0)000 0MJEC[1 15E5 NOT8 51 1 5157A114E ALONG VIACA FR 5131103 1.11,1 010331001 1 NOTtl 11110 1 LOG11015 w POT [ USSj11�0 3[CT Oil. 8(000,4[ eT S 11/0 TO A LEGAL 51091 L11C 95 REO111140l r NOTE: ALL AVAILABLE DIMENSIONS MUST BE FILLED IN TO EXPEDITE THIS APPLICATION. 4056 FT 839 F E3 1515 *111 • 51 1 UICL 1� 08 03 3 1 010 1 RR Bridge 157.5 1 • i 0 FT 1 . 50 FT. •� GM)G 0W C 1CA5114 LENCTN 111101 IAEA/MED ALONG PIPELINE( A) I5 PIPELINE CROSSING WITHIN DEDICATED STREET ?_YESoaL_NO; 8) IF YES, NAME OF STREET C) DISTRIBUTION LINE OR TRANSMISSION LINE XX 01 CARRIER PIPE : COMMODITY TO BE CONVEYED watQT' OPERATING PRESSUI P51 be 22, pipe 19 5 WALL THICKNESS ;DIAMETER .; MATERIAL fit EI CASING ALL THICKNESS •4375 .DIAMETER 2711 "MATERIAL steel NOTE: CASING MUST HAVE 2' CLEARANCE BETWEEN GREATEST OUTSIOE DIAMETER OF CARRIER PIPE AND INTERIOR DIAMETER OF CASING PIPE. WHEN FURNISHING DIMENSIONS, GIVE OUTSIDE OF CARRIER PIPE ANO INSIDE OF CASING PIPE. F) METHOD OF INSTALLING CASING PIPE UNDER TRAMS): XX DRY BORE AND JACK (WET BORE NOT PERMITTED); TUNNEL 'OTHER 0) WILL CONSTRUCTION BE BY AN OUTSIDE CONTRACTOR?XX_YES;; H) DISTANCE FROM CENTER LINE OF TRACK TO NEAR FACE OF BORING AND JACKING PITS WHEN MEASURED AT RIGHT ANGLES TO TRACK 30 I) APPLICANT HAS CONTACTED 130' 11)0.) OF U. P. COMMUNICATION DEPARTMENT AND HAS DETERMINED FIBER OPTIC CABLE AL_ DOES ;_DOES NOT ; EXIST IN VICINITY OF WORK TO BE PERFORMED. 1005081/5 011E9 00JE511 13E1 NOT[ 51 J CNOIFU SVISKI NARUOE 30" O FT. a TU FT. 5() FT. �� 10 Taylor KOUT A.A. 00011 50 FT. FORMICA TO FIGURE Y2 CASING LENGTH WITH ANGLE OF CROSS INC OTHER THAN 90' S IM pp p NOTES : If ALL HORIZONTAL DISTANCES TO BE YEASUR ED AT RIGHT ANGLES FRW N OF TRACK. EXCEPT 45 NOTED, 17�j 21 CASING TO EXTEND 0E1060 THE CENTERLINE OF TRACK AT RIGHT ANGLES THE GREATER OF 20 • 20 FT., OR 30 FT., AND 8ETON0 LIMIT OF RAILROAD RIGHT -OF -WAY IF NECESSARY TO PROVIDE PROPER LENGTH OUTSIDE Of TRACK. 3) MINIMUM OF 50' FRO*( THE END OF ANT RAILROAD BRIDGE. q OF ANY CULVERT, OR FROM ANY SWITCHING AREA. 41 SIGNAL REPRESENTATIVE MUST BE PRESENT DURING INSTALLATION IF RAILROAD SIGNALS ARE IN THE VICINITY OF CROSSING. 5) ALLOWABLE FIxEO 08JECT5 INCLUDE: BACA0ALLS OF BRIDGES: q OF R0A0 CROSSINGS B OVERHEAD VIADUCTS (GIVE ROAD NAME). OR q OF CULVERTS. EXHIBIT "A" nM me OLT - . MT OM I• TON On PACIFIC RAILROAD CO. u.n;A_ SLL b FORM 08- 0404 -8 REV. 0S-01-90 RA' 5 Ib• e MIN. D15T. Ib1011 59-9 -N M.P\5 E " s 1 22 ?'18 ENCA5E0it? ).._ tAel CROSSING AT r o eA1� /Coc,/1 w i I /,AA3so,J 7j•Rs .•RST 5tA11 10011 1 21 AI4 FOR aC y a7 oCk` n ,, II� RR FILE NO 1 n • ∎• DATE -0 WARN 1 N 0 IN ALL OCC01014. 0. P. C0111IICATIONS O[P1111140 GUST OE CONTACT0 IN AOYUN:[ 00 003 GULL t0 GETEIONIS 013)090 AIO LOCATION OF 015E11 OPTIC CALL 0104 1 1- 300. 3305135 PL X 890707 Form Approved,.AVP -Law Exhibit B 0 of 4 EXHIBIT 8 Section 1. LIMITATIdf AND SU80RDIMATICN OF RIGHTS GRANTED. (a) The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation of the licensor to use and maintain its entire property cow including the right and 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 any 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 any other party for compensation or damages. (b) The foregoing grant is also subject to all outstanding superior rights (includin g 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 aide without covenant of title or for Quiet enjoyment. Section 2. CCNSTRUCTION, MAINTENANCE MD OPERATICM. (a) The Pipeline shall be constructed, operated, maintained. repaired, renewed, modified and /or reconstructed by the Licensee in strict conformity with Union Pacific Railroad Co. Canton Standard Specification 1029 adopted November 1949, and all intendants thereof and supplements thereto, which by this reference is hereby node a part hereof, except as may be modified and approved the Licensor's Assistant 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) All work performed on property of the Licensor in connection with the construction, maintenance, repair, renewal, modification or reconstruction of the Pipeline shall be done under the supervision and 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 underneath the roadbed and track or tracks of the Licensor, the Licensee shall submit to the licensor plans 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 the Assistant Vice President-Engineering Services of the Licensor and then only under th e supervision of the Assistant 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 dean necessary for the safety 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 therewith, which expense shall include all assignable costs. (d) The Licensee shall keep and maintain the soil over the Pipeline thoroughly compacted and the grade even with the adjacent surface of the ground. Section 3. NOTICE Of CC MENCEMENT Of ham. If an emergency should arise requiring immediate attention, the Licensee shall provide as much notice as practicable to Licensor before comencinngq any work. In all other situations, the licensee shall notify the Licensor at least ten (10) days (or such other tiee as the Licensor may allow) in advance of the commencement of any work upon property of the licensor in connection 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. LICENSEE TO BEAR ENTIRE EXPENSE. The Licensee shall bear the entire cost and expense incurred in connection with the construction, maintenance, repair and renewal and any and all modification, revision, relocation, removal or reconstruction of the Pipeline, including and all expense which may be incurred by the Licensor in connection therewith for supervision, inspection, flagging, or otherwise. PL X/A Section 5. RELCCATICJ CR REMOVAL Of PIPELINE. (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 stall, at the sole expense of the Licensee, move all or any portion of the Pipeline to such new location as the Licensor may desig ate,.rhenever, 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 re tins on the property, apply to the Pipeline as modified, changed or relocated within the contemplation of this section. Section 6. NO INTERFERENCE WITH LICENSOR'$ OPERATION. The Pipeline and all parts thereof within and outside of the limits of the property of the licensor shall be constructed and, at all tines, 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 manner impair the safety thereof. Section 7. PROTECTICN Of FIBER OPTIC CABLE SYSTEMS. (a) Fiber optic cable system may be buried on the Licensor's property. Protection of the fiber optic cable system is of extreme importance since 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 motor) to determine if fiber optic cable is buried anywhere on the Licensor's premises to be used by the Licensee. If it is, Licensee will telephone the telecommunications campany(ies) involved, arrange for a cable locator, and make errangelants for relocation or other protection of the fiber optic cable prior to beginning any work on the Licensor's premises. (b) In addition to other indemnity provisions in this Agreement, the Licensee shall indemify and hold the Licensor harmless from and against all costs, liability and expense whatsoever (Including, without limitation, attorney s fees, court costs and expenses) ar iSing out of any act or omission of the Licensee, its contractor, agents and /or employees, that causes or contributes to (I) any damage to or destruction of any telecommunications system 04 Licensor's property, and (2) any injury or death of any person employed by or on behalf of any telecommunications cmpany, and /or Its contractor, agents and /or employees, on Licensor's property. Licensee 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. CLAIMS AND LIENS FOR LABOR AND MATERIAL; 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 construction, maintenance, repair, renewal, modification or reconstruction of the Pipeline, and shall not permit or suffer any mechanic's or materialrmen's 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 any way 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 same fran 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 placed 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 inclu 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. Section 9. RESTORATION Of LICENSOR'S PROPERTY. In the event the Licensor authorizes the Licensee to take down any fence of the Licensor or in any manner move or disturb any of the other property of the Licensor in Exhibit 8 05e2ofe PL X 890707 For Approved, AVP -Law connection with the construction, maintenance, repair, renewal, modification, reconstruction, 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 sane were in before such fence was taken down or such other property was moved or disturbed, and the Licensee stall indemnify and hold the Licensor, its officers, agents and employees, against and from any and all liability, loss, daring's, claims, demands, costs and expenses of whatsoever nature, including court costs and attorneys' fees, which say result from injury to or death of persons whomsoever, or dames' to or loss or destruction of property whatsoever, when such injury, death, damp, loss or destruction grows out of or arises from the taking dam of any fence or the moving or disturbance of any other property of the Licensor. Section 10. INOEIeNITT. As used in this Section, 'Licensor' includes other railroad coapanies using the Licensor's property at or near the location of the Licensee's installation and their officers, agents, and employees; Loss' includes loss, damp, Clain demands, actions, causes of action, penalties, costs, and expenses 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 (b) damage to or loss or destruction of property whatsoever (including Licensee's property, damage to the roadbed, tracks, equipment, property of the Licensor, or property in its care or custody). As a major inducement and in consideration of the license and permission herein granted, the Licensee agrees to indemify and hold harmless the Licensor fran any Loss which is due to or arises from: 1. The prosecution of any work contemplated by this Agreement including the installation, construction, maintenance, repair, renewal, codification, 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 II. 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 Iran 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 fails to do the foregoing, 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 of may permit the Licensee to do such work of removal and restoration under the supervision 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 shell in no manner be liable to the Licensee for any 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 CF BREACH. The waiver by the Licensor of the breach of any condition, covenant or agreenent herein contained to be kept, observed and performed by the Licensee shell in no may impair the right of the Licensor to avail itself of any subsequent breach thereof. Section 13. TERMINATION. (a) If the licensee does not use the right herein granted or the Pipeline for one (I) year, or if the Licensee continues in default to the performance of any covenant or agreanent herein contained for a period of thirty (30) days after written notice from the Licensor to the Licensee specify such default, the Licensor may, at its option, forthwith immediately terminate this Agreement by written notice. Exhibit 8 04055n of 4 Pt X 890707 Fore Approved, PIP -law (b) In addition to the provisions of subparagraph (a) above, this Agreement nay be terminated by written notice given by either party hereto to the other on any date in such notice stated, not Tess, however, than thirty (30) days subsequent to the date upon which such notice shill be given. (c) Notice of default and notice of termination any be served personally upon the Licensee or by mailing to the Nast known address of the Licensee. Teruinet,on of this Agreement for any reason shall not affect any of the rights or obligations of the parties hereto which may have accrued, or Iiebilities, accrued or otherwise, which may hive arisen prior thereto. Section 14. AGREEMENT NOT TO OE ASSIGNED. The licensee shill not assign this Agreement, in whole or in pert, 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 Maw, or otherwise, without such consent in writing, shill be absolutely void and, at the option of the Licensor, shall terminate this Agreement. Section 15. SUCCESSORS 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. actninistrafors, successors and assigns. Exhibit 8 lag of DATE: April 28, 1994 SUBJECT: City Council Meeting, April 26, 1994 r1EM: 9F. Consider a resolution authorizing the Mayor to enter into a Pipeline License Agreement with Union Pacific Railroad for the Eastern Water Loop. STAFF RESOURCE PERSON: Jim Nuse STAFF RECOMMENDATION: The water line which comes from highway 79 which will serve the Freeman tract and Oak Bluff will cross beneath the Union - Pacific Rail Road. In order to get permission to place this pipe in Rail road property, a license agreement must be executed by the City. Attached is a copy of the Pipeline Crossing Agreement. R.D. UHRICH ASSISTANT VICE PRESIDENT ROOM 1100. 1416 DODGE STREET OMAHA. NEBRASKA 66179 (402) 271-3753 FAX (402) 271-5493 MR. JAMES R. NUSE CITY OF ROUND ROCK, TEXAS 2008 ENTERPRISE DRIVE ROUND ROCK, TX 78664 Dear Mr. Nuse: UNION PACIFIC RAILROAD COMPANY CONTRACTS & REAL ESTATE DEPARTMENT :rat �ACINC 1 April 18, 1994 Subject: Your request for a pipeline license. J A ANTHONY DIRECTORCONTRACTS5 JOINT FACIUTIES D. D. BROWN DIRECTOR-REAL ESTATE J. L. HAWKINS DIRECTOR SUPPORT D H LIGHTWINE DIRECTOR -REAL ESTATE W. R ULRICH DIRECTOR-BUILDING SERVICES Folder: 1395 -95 Attached are duplicate originals of an agreement covering one underground water pipeline crossing. In the spaces marked by an 'X', please execute or arrange for execution of the attached document and have the signatures witnessed or attested, as indicated. Please RETURN ALL COPIES of the document for execution on behalf of the Railroad Company in the enclosed self - addressed envelope. Your copy of the fully executed document will be returned to you, if approved by the Railroad Company. Also, please provide a resolution or other authorization for the party executing the documents, and Insurance Certificates, if required by the agreement. Also attached is Contractor's Right of Entry Agreement which must be executed and returned in accordance with Article 4 of the attached agreement, if work is to be performed by a contractor. Payment in the amount of $600.00 is due and payable upon your execution of the agreement. Please include your check, made payable to Missouri Pacific Railroad Company, with the return of the documents. This agreement will not be accepted by the Railroad Company until the initial payment is received and all Insurance Certificates are in proper form, if required by the agreement. If you require formal billing, you may consider this letter as a formal bill. If we have not received the executed documents within six months from the date of this letter, this proposed offer of an agreement is withdrawn and becomes null and void. We are continually trying to do a better job for our customers. In an effort to do this, we would like to know what we did right and if there were any areas where you felt that our performance could improve, we would like to hear that also. In this regard, enclosed is a survey form that we would appreciate you completing and returning to us at your earliest convenience. If you have any questions, please contact me at (402)271- 2336. Yours trul Danny -Allen Contract Representative R.D. UHRICH ASSISTANT VICE PRESIDENT ROOM 1100. 1416 DODGE STREET OMAHA, NEBRASKA 68179 (402) 271.3753 FAX (402) 271.5493 To the Contractor: UNION PACIFIC RAILROAD COMPANY CONTRACTS & REAL ESTATE DEPARTMENT UNION MOM J. A. ANTHONY DIRECTOR - CONTRACTS 8 JOINTFACIUTIES D.D BROWN DIRECTOR - REAL ESTATE J. L HAWKINS DIRECTOR - OPERATIONS SUPPORT D. H LIGHTWINE DIRECTOR - REAL ESTATE W. R. ULRICH Folder _DpECTOR-gUl{gINGSWs Before the Railroad Company can permit you to perform work on its right of way for the installation of one underground water pipeline crossing, for City of Round Rock, Texas, it will be necessary to complete the enclosed Contractor's Right of Entry Agreement as follows: 1. Fill in the complete legal name of the contractor in the space provided on Page 1 of the Contractor's Right of Entry Agreement. If a corporation, give the state of incorporation. If a partnership, give the names of all partners. 2. Fill in the date construction will begin and be completed in Article 5, Paragraph A. 3. Fill in the name of the contractor in the space provided in the signature block at the end of the Contractor's Right of Entry Agreement. If the contractor is a corporation, the person signing on its behalf must be an elected corporate officer. 4. Return all copies of the Contractor's Right of Entry Agreement together with your Certificate of Insurance as required in Exhibit A -1, in the attached, self- addressed envelope. Please note that fiber optic cable is buried on the subject property. Prior to commencing work, you should thoroughly review the terms and conditions of the Contractor's Right of Entry Agreement and contact the Railroad Company at 1- 800 - 336 -9193 to locate the fiber optic cable. The top of the casing must be a minimum of two feet below the existing fiber optic cable. Any open excavation required within five feet of the fiber optic cable must be dug by hand. After approval of the Contractor's Right of Entry Agreement and the Insurance Certificate, your fully- executed document will be returned to you, with instructions to proceed. In no event should you begin work until you have received a copy of the signed Contractor's Right of Entry Agreement. If you have any questions, please contact me at (402)271 -2336. Yours Dan Contract Representative PL X &E ROE 940201 Form Approved, AVP -Law 'Contractor'). RECITALS: AGREEMENT: CONTRACTOR'S RIGHT OF ENTRY AGREEMENT THIS AGREEMENT is made and entered into as of the day of , 19 , by and between MISSOURI PACIFIC RAILROAD COMPANY, a Delaware corporation, (hereinafter the 'Railroad'); and NOW, THEREFORE, it is mutually agreed by and between the Railroad and Contractor, as follows: Article 1. DEFINITION OF CONTRACTOR. L: \FORMS \PWROEART.KJO 1 Folder No.: 1395 -95 corporation, (hereinafter the a The Contractor has been employed by City of Round Rock, Texas for the purpose of constructing (hereinafter 'work') of one underground water pipeline crossing on and across property of the Railroad at or near Mile Post 157.77, near Round Rock, Texas. The Contractor has requested the Railroad to permit it to perform the work and Railroad is agreeable thereto, subject to the following terms and conditions. For purposes of this agreement, all references in this agreement to the Contractor shall include the Contractor's contractors, subcontractors, officers, agents and employees, and others acting under its or their authority. Article 2. RIGHT GRANTED; PURPOSE. The Railroad hereby grants to the Contractor the right, during the term hereinafter stated and upon and subject to each and all of the terms, provisions and conditions herein contained, to enter upon and have ingress to and egress from the property described in the Recitals hereof and as shown on the attached print dated March 14, 1994, marked Exhibit B for the purpose of performing the work described in the Recitals above. The right herein granted to Contractor is limited to those portions of the Railroad's property specifically described herein, or designated by the Railroad representative named in Article 4. PL X &E ROE 940201 Form Approved, AVP -Law Article 3. TERMS AND CONDITIONS CONTAINED IN EXHIBITS A AND A -1. The terms and conditions contained in Exhibits A and A -1, hereto attached, are hereby made a part of this agreement. Article 4. ALL EXPENSES TO BE BORNE BY CONTRACTOR; RAILROAD REPRESENTATIVE. The Contractor shall bear any and all costs and expenses associated with any work performed by the Contractor, or any costs or expenses incurred by the Railroad relating to this agreement. All work performed by Contractor on Railroad's property shall be performed in a manner satisfactory to the respective local Superintendent of Transportation Services of the Railroad or his authorized representative (hereinafter the Railroad Representative). Article 5. TERM; TERMINATION. A. The grant of right herein made to Contractor shall commence on , and continue until , unless sooner terminated as herein provided, or at such time as Contractor has completed its work on Railroad's property, whichever is earlier. Contractor agrees to notify the Railroad Representative in writing when it has completed its work on Railroad property. B. This agreement may be terminated by either party on ten (10) days written notice to the other party. Article 6. CERTIFICATE OF INSURANCE. A. Before commencing any work, the Contractor will provide the Railroad with a Certificate issued by its insurance carrier providing the insurance coverage required pursuant to Exhibit A -1 of this agreement in a policy which contains the following type of endorsement: Missouri Pacific Railroad Company, is named as additional insured with respect to all liabilities arising out of Insured's, as Contractor, performance of any work on the property of the Railroad. B. Contractor warrants that this agreement has been thoroughly reviewed by its insurance agent(s) /broker(s) and that said agent(s) / broker(s) has been instructed to procure insurance coverage and an endorsement as required herein. L: \FORMS \PWROEART.KJO 2 PL X &E ROE 940201 Form Approved, AVP -Law c. All insurance correspondence shall be directed to: Director - Contracts, Union Pacific Railroad Company, Contracts and Real Estate Department, Room 1100, 1416 Dodge Street, Omaha, Nebraska 68179 -1100. Article 7. CHOICE OF FORUM. Litigation arising out of or connected with this agreement may be instituted and maintained in the courts of the states of Nebraska and Texas only, and the parties consent to jurisdiction over their person and over the subject matter of any such litigation, in those courts, and consent to service of process issued by such courts. IN WITNESS WHEREOF, the parties hereto have executed this agreement in duplicate as the date first herein written. Witness: MISSOURI PACIFIC RAILROAD COMPANY Witness: &./ALA i s;an r ei; y mANA0.e/ e 1 ; y SEc..e67 - xpe y By: Director - Contracts Title: /7) L: \FORMS \PWROEART.KJO 3 STATE OF TEXAS COUNTY OF WILLIAMSON RESOLUTION WHEREAS, MISSOURI PACIFIC RAILROAD COMPANY has tendered to CITY OF ROUND. ROCK, TEXAS an agreement covering one underground water pipeline crossing at Round Rock, Texas; and WHEREAS, the City Council of CITY OF ROUND ROCK, TEXAS has said proposed agreement before it and has given it careful review and consideration; and WHEREAS, it is considered that the best interests of said City will be subserved by the acceptance of said agreement; THEREFORE, BE IT RESOLVED by the City Council of City of Round Rock, Texas: That.the terms of the agreement submitted by MISSOURI PACIFIC RAILROAD COMPANY as aforesaid be, and the same are hereby, accepted in behalf of said City; That the Mayor of said City is hereby authorized, empowered and directed to execute said agreement on behalf of said City and that the City Clerk of said City is hereby authorized and directed to attest said agreement and to attach to each duplicate original of said agreement a certified copy of this Resolution. )ss I , City Clerk, of City of Round Rock, Texas hereby certify that the above and foregoing is a true, full and correct copy of a resolution adopted by the City Council of City of Round Rock, Texas at a meeting held according to law at Round Rock on the day of , 19 , as the same appears on file and of record in this office. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the corporate seal of said City, this day of , 19 City Clerk of City of Round Rock, Texas, State of Texas rc Aac m.c or„V2 Form Approved, AP-Law Section 6. FIBER OPTIC CABLE SYSTEMS, If fiber optic cable is buried anywhere on the Railroad premises to be used by Contractor, the Contractor will telephone the telecommunications carpany(ies) involved, arrange em for a cable locator and hake arrangements for relocation or other protection of the fiber optic cable prior to beginning any work on Railroad's premises. In addition to the liability terms elsewhere in this Agreement, the Contractor shall indemnify and hold the Railroad harmless against and from all cost, liability and expense whatsoever (including, without limitation, attorney's fees and court costs and expenses) arising out of or in any way contributed to by any act or omission of the Contractor, its subcontractor, agents and /or employees, that causes or in any way or degree contributes to (I) any damage to or destruction of any telecommunications system by the Contractor and /or its subcontractor, agents and /or employees, on Railroad's property, (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 Railroad's property and /or (3) any claim or cause of actic for alleged loss of profits or revenue by, or loss of service by a customer or user of, such telecommunication company(ies). Section 7. COMPLIANCE WITH LAWS. In the prosecution of the work covered by this agreement, the Contractor shall comply with all applicable federal, state and local laws, regulations and enactments affecting the work. The Contractor shall use only such methods as are consistent with safety, both as concerns the Contractor, the Contractor's agents and employees, the officers, agents, employees and property of the Railroad and the public in general. The Contractor (without limiting EXHIBIT A Section I. NOTICE Cf COMMENCEMENT Of WORK - FLAGGING. The Contractor agrees to notify the Railroad Representative at least 48 hours in advance of Contractor commencing its work and at least 24 hours in advance of proposed performance of any work by the Contractor in which any person or equipment will be sithin 25 feet of any track, or will be near enough to any track that any equipment extension (such as, but not limited to a crane boom) will reach to within 25 feet of any track. Upon receipt of suc notice, the Railroad Representative will determine and inform the Contractor whether a flagman need be present and whether the Contractor need implement any special protective or safety If any flagmen or other special protective or safety measures are performed by the Railroad, such services will be provided at Contractor's expense with the understanding that if the Railroad provides any flagging or other services the Contractor shall not be relieved of any of its responsibilities or liabilities set forth herein. Section 2. LIMIrATICN AND SUBORDINATICN Cf RIGHTS GRANTED. (a) The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation of the Railroad to use and maintain its entire property including the right and power of the Railroad to construct, maintain, repair, renew, use, operate, change, modify or relocate railroad tracks, roadways, signal, communication, fiber optics, or other w communication, rellnes, pipelines and other facilities upon, along or across any or all parts of its property, all or any of which may be freely done at any time or times by the Railroad without liability to the Contractor or to any 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 Railroad's property, and others) and the right of the Railroad to renew and extend the same, and is nude without covenant of title or for quiet enjoyment. - Section 3. NO INTERFERENCE WITH RAILROAD'S OPERATION. No work performed by Contractor shall cause any interference with the constant, continuous and uninterrupte use of the tracks, property and facilities of the Railroad its lessees, licensees or others, unless specifically permitted under this agreement, or specifically authorized in advance by the Railroad Representative. Nothing shall be done or suffered to be done by the Contractor at any time that would in any manner impair the safety thereof. Whe not in use, Contractor's machinery and materials shall be kept at least 50 feet from the centerline of Railroad's nearest track, and there shall be no crossings of Railroad's tracks except at existing open public crossings. Section 4. PERMITS. Prior to beginning any work, the Contractor, at its sole expense, shall obtain all necessary permits to perform any work contemplated by this agreement. Section 5. MECHANIC'S LIENS. The Contractor shall pay in full all persons who perform labor or provide materials for the work to be performed by Contractor. The Contractor shall not permit or suffer any mechanic's or naterialmen's liens of any kinc or nature to be enforced against any property of the Railroad for any such work performed. The Contractor shall indemnify and hold harmless the Railroad from and against any and all liens, claims, demands, costs or expenses of whatsoever nature in any way connected with or growing out of such work done, labor performed, or materials furnishec Exhibit A Page 1 of 3 088In Form Approved, AVP -Law the generality of the foregoing) shall comply with all applicable state and federal occupational safety and health acts and regulations. All Federal Railroad Administration regulations shall be followed when work is performed on the Railroad's property. If any failure by the Contractor to comply with any such laws, regulations, and enactments, shall result in any fine, penalty, cost or charge being assessed, imposed or charged against the Railroad, the Contractor shall reimburse and indemnify the Railroad for any such fine, penalty, cost, or charge, including without limitation attorney's fees, court costs and expenses. The Contractor further agrees in the event of any such action, upon notice thereof being provided by the Railroad, to defend such action free of cost, charge, or expense to the Railroad. Section 8. SAFETY INSTRUCTIONS. Safety of personnel, property, rail operations and the public is of paramount importance in the prosecution of the work pursuant to this agreement. As reinforcement and in furtherance of overall safety measures to be observed by the Contractor (and not by way of limitation), the following special safety rules shall be followed: (a) The Contractor shall keep the job site free from safety and health hazards and ensure that its employees are competent and adequately trained in all safety and health aspects of the job. The Contractor shall have proper first aid supplies available on the job site so that prompt first aid services can be provided to any person that may be injured on the job site. The Contractor shall promptly notify the Railroad of any U.S. Occupational Safety and Heath Administration reportable injuries occurring to any person that may arise during the work performred on the job site. The Contractor shall have a non -delegable duty to control its employees, while they are on the ob site or any other property of the Railroad to be certain they do not use, be under the influence of, or have in their possession any alcoholic beverage or illegally obtained drug, narcotic or other substance. (b) The employees of the Contractor shall be suitably dressed to perform their duties safely and in a manner that will not interfere with their vision, hearing or free use of their hands or feet. Only waist length shirts with sleeves and trousers that cover the entire leg are to be worn. If flare - legged trousers are worn, the trouser bottoms must be tied to prevent catching. The employees should wear sturdy and protective footwear. Employees shall not wear boots (other than work boots), sandals, canvas -type shoes or other shoes that have thin soles or heels that are higher than normal. In addition, the Contractor shall require its employees to wear personal protective equipment as specified by Railroad rules, regulations or Railroad officials overlooking the work at the job site. In particular, the protective equipment to be worn shall be: (1) Protective head gear that meets American National Standard - 189.1- latest revision. It is suggested that all hardhats be affixed with Contractor's or subcontractor's company logo or name. (2) Eye protection that meets American National Standard for occupational and educational eye and face protection, 187.1 - Latest revision. Additional eye protection must be provided to meet specific job situations such as welding, grinding, burning, etc.; and (3) Hearing protection which affords enough attenuation to give protection from noise levels that will be occurring on the job site. (c) All heavy equipment provided or leased by the Contractor shall be equipped with audible back -up warning devices. If in the opinion of the Railroad Representative any of Contractor's or any of its subcontractor's equipment is unsafe for use on the Railroad's right -of -way, the Contractor, at the request of the Railroad Representative, shall remove such equipment from the Railroad's right -of -way. Section 9. INDEMNITY. (a) As used in this Section, 'Railroad' includes other railroad companies using the Railroad's property at or near the location of the Contractor's installation and their officers, agents, and employees; 'Loss" includes loss, damage, claims, demands, actions, causes of action, penalties, costs, and expenses of whatsoever nature, including court costs and attorneys' fees, which may result from: (a) injury to or death of persons whomsoever (including the Railroad's officers, agents, and employees, the Contractor's officers, agents, and employees, as well as any other person); and (b) damage to or loss or destruction of property whatsoever (including Contractor's property, damage to the roadbed, tracks, equipment, or other property of the Railroad, or property in its care or custody). (b) As a major inducement and in consideration of the license and permission herein granted, the Contractor agrees to indemnify and hold harmless the Railroad from any loss which is due to or arises from any cause and is associated in whole or in part with the work performed under this agreement,.a breach of the agreement or the failure to observe the health and safety provisions herein, or any activity or omission arising out of performance or nonperformance of this agreement. However, the Contractor shall not indemnify the Railroad when the Loss is caused by the sole negligence of the Railroad. Section 10. RESTORATION OF PROPERTY. In the event the Railroad authorizes the Contractor to take down any fence of the Railroad or in any manner move or disturb any of the other property of the Railroad in connection with the work to be performed by Contractor, then in that event the Contractor shall, as soon as possible and at Contractor's sole expense, restore such fence and Exhibit A Pa'e 2 of 3 s:1 1n VL ML mic 07VIV7 Form Approved, AVP -Law other property to the same condition as the same were in before such fence was taken down or such other property was moved or disturbed, and the Contractor shall indemnify and hold harmless the Railroad, its officers, agents and enployees,.against and from any and all liability, loss, damages, claims, demands, costs and expenses of whatsoever nature, arising from the taking down of any fence or the moving or disturbance of any other property of the Railroad Section II. WAIVER OF BREACH. The waiver by the Railroad of the breach of any condition, covenant or agreement herein contained to be kept, observed and performed by the Contractor shall in no way impair the right of the Railroad to avail itself of ar subsequent breach thereof. Section 12. ASSIGNMENT - SUBCONTRACTING. • The Contractor shall not assign, sublet or subcontract this agreement, or any interest therein, without the written consent of the Railroad and any attempt to so assign, sublet or subcontract without the written consent of tt Railroad shall be void. If the Railroad gives the Contractor permission to subcontract all or any portion of the wor herein described, the Contractor is and shall remain responsible for all work of subcontractors and all work of subcontractors shall be governed by the terms of this agreement. Exhibit A Page 3 of 3 0881n EXHIBIT A -I Right of Entry Agreement Insurance Requirements Contractor shall, at its own sole cost and expense, procure the following kinds of insurance and promptly pay when due all premiums for that - insurance. If it so elects, Railroad shall have the right to obtain such Insurance and Contractor shall promptly reimburse Railroad for that expense. The following insurance shall be kept in force during the life of this Agreement: General Public Liability insurance 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 a general aggregate limit of at least $4,000,000. This insurance shall provide Broad Form Contractual Liability covering the indemnity provisions contained in this Agreement, Underground hazard, Products- Completed Operations with products -Completed operation aggregate of at least $2,000,000, a separate general aggregate for the project (ISO Form CG 25 03 or equivalent), Broad Form Property Damage, severability of interests and name Railroad as an additional insured with respect to all liabilities arising out of Contractor's obligation to Railroad in the Agreement. If coverage is purchased on a "claims made" basis it shall provide for at least a three (3) year extended reporting or discovery period, which shall be invoked should insurance covering the time period of this Agreement be cancelled. Automobile Public Liability insurance providing bodily injury and property damage with a combined single limit of at least $2 000,000 each occurrence or claim. This insurance shall provide contractual liability by endorsement ISO Form CA 00 25 or equivalent covering all motor vehicles including hired and non -owned, mobile equipment to the extent it may be excluded from general liability insurance, severability of interests and name Railroad as an additional insured with respect to all liabilities arising out of Contractor's obligation to Railroad in the Agreement. - Worker's Compensation insurance covering the statutory liability as determined by the compensation laws of the state(s) affected by this Agreement and Employers' Liability. Also compliance with all laws of states which require participation in their state workers' compensation fund. Railroad Protective Liability insurance naming Railroad and any railroad operating over its tracks as insured with a combined single limit of $2,000,000 per occurrence with a $6,000,000 aggregate. The policy form shall be AAR- AASHTO with broad form coverage for "Physical Damage to Property (ISO Form GL 00 30) or as revised ISO -RIMA (Form CG 00 35) and include pollution arising out of fuels and lubricants brought to the job site (ISO Form CG 28 31 or equivalent). If the Lloyd's, London policy form is used, limits shall be $3,000,000 per occurrence with a $9,000,000 aggregate and the Extended Claims Made Date shall be determined by adding the length of the original policy period plus one year to the policy expiration date. The Contractor hereby waives its right to subrogation, as respects the above insurance policy(ies), against Railroad for payments made to or on behalf of employees of Contractor or its agents and for loss of its owned or leased property or property under its care, custody and control while on or near Railroad's right -of -way or other real property. Contractor's Insurance shall be primary with respect to any insurance carried by Railroad. Contractor shall furnish to Railroad certificate(s) of insurance evidencing the required coverage and endorsement(s) and upon request a certified duplicate original of any of those policies. The insurance company(ies) issuing such policy(ies) shall notify Railroad in writing of any material alteration including any change in the retroactive date in any "claims- made" policies or substantial reduction of aggregate limits, if such limits apply, or cancellation thereof at least thirty (30) days prior thereto. The insurance policy(ies) shall be written by a reputable insurance company or companies acceptable to Railroad or with a current Best's Insurance Guide Rating of 8 and Class VII or better. Such insurance company shall be authorized to transact business in the state(s) affected by this Agreement. 0884n STEEL CASING WALL THICKNESS CHART NINIUUJ THICKNESS OIALETER OF CASING PIPE .2300• I/4• :h: W„ e n I C � � N : '555n5 _ 000eoo .3105. 5/16' .3750' 3 /I' .4375' 7/16' .5000' 1/2' .5625' 9/16' .6250' 5/I' OVER 40 KIST BE APPROVED 67 R.R. CO. NOTE: THIS CHART IS ONLY FOR SMOOTH STEEL CASING PIPES WITH 01011414 T1EL0 STRENGTH OF 35,000 PSI. PLAGF ARROW INDICATING NORTH Dla,' ',VE TO CROSSING Sege NON - FLAMMABLE PIPELINE CROSSING / NOTE: ALL AVAILABLE DIMENSIONS LUST BE v et .{' NO SCALE FILLED IN TO EXPEDITE THIS APPLICATION. Round Rock 1NEAREST R.R. TOSNI h I 0 I OESC.10 IIIEO OCJCCTI I SIX NOT[ S1 DISTANCE ALONG MGT 'Ku SECTION LINE CROSSING, • 110300 011.0.3101 otClUIRIED stJ. USES. AT LOOT IONS NO UMW XCT O ANCE RR' 5/W TO • LEGAL BRAT EINE IS 5(01111(01 50 T. SUL CIS LNG CAIN 011) 15,• N,,. II. _ 1224, . 02 1 1000 NOTE S 151 \signal 157.7 FT . 120 R. WO.I r r • s/ F • 1 0 APPLICATION FOR ENCASED 60801301 Y FT O Q 4056, 839 SCE NOTC S A SI 14N610 01 CR0551861 RR Bridge 157.5 COMM PIPE 30n OR 1 -61 FT I CASING LOGIN MIEN NEAM.REC ALONG PIPELIILI A) IS PIPELINE CROSSING WITHIN DEDICATED STREET 7YE$•atf—NO; 8) IF YES, NAME OF STREET C) DISTRIBUTION LINE OR TRANSMISSION LINE XX D) CARRIER PIPE : {�ee r OPERATING NV ING PRESSU P5) bell 22, pipe 19 157 S WALL THICKNESS •'H ;O1AMETER `�• MATERIAL E) CASING LL THICKNESS • 4375 ;DIAMETER 2711 .MATERIAL steel 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. F) METHOD OF INSTALLING CASING PIPE UNDER TRACKIS): XX DRY BORE AND JACK (WET BORE NOT PERMITTED); TUNNEL ; OTHER 0) WILL CONSTRUCTION BE BY AN OUTSIDE CONTRACTOR7)aYES;_70; HI DISTANCE FROM CENTER LINE OF TRACK TO NEAR FACE OF BORING AND JACKING PITS WHEN MEASURED AT RIGHT ANGLES TO TRACK 30 I) APPLICANT HAS CONTACTED 1S0• MALI OF U. P. COAMUNICATION DEPARTMENT AND HAS DETERMINED FIBER OPTIC CABLE.. DOES ;_DOES NOT ; EXIST IN viC)NITY OF WORK TO BE PERFORMED. • 1005uI5E 110(0 COJECTI ISLE N011 51 6 FT. 8.2 IA 1 RFT MIN./ T I FT. l,,,-CASINO P111 . (Soo Woe •1. f SEAL CASI10 FT. 50 FT. J FORM 08-0404 -8 REV. 05 -01 -90 M 11.W Taylor TO 1800E37 LA. 10•141 FORMULA TO FIGURE SJ CASING LENGTH WITH ANGLE OF CROSSING OTHER THAN 90' SIN 0 N LP / NOTES : 11 ALL HORIZONTAL DISTANCES TO BE MEASURED AT RIGHT ANGLES FROM G OF TRACX, EXCEPT AS NOTED. 21 CASING TO EXTEND 0E3060 THE CENTERLINE OF TRACK AT RIGHT ANGLES THE GREATER OF 20 • 20 FT., OR 30 FT., 1 AND 13E1050 LIMIT OF RAILROAD RIGHT -OF -WAY IF NECESSARY 70 PROVIDE PROPER LENGTH OUTSIDE OF TRACX. 31 YINILW OF 50' FR011 THE END OF ANY RAILROAD BRIDGE, 4 OF ANY CULVERT, OR FR01 ANY SWITCHING AREA. 4) SIGNAL REPRESENTATIVE 15)97 BE PRESENT PANG INSTALLATION IF RAILROAD SIGNALS ARE IN THE VICINITY OF CROSSING. 5) ALLOWABLE FIXED OBJECTS INCLUOE: BACXWALLS OF BRIDGES; 9 OF ROAD CROSSINGS I OVERHEAD VIADUCTS I GIVE MAO NAME1, OR q OF CULVERTS. EXHIBIT I-T -H PACIFIC RAILROAD CO. (. g7;.J Su. b M. P 1S t 1h E 1 22 7r 78 ENCASEDR:R‘ — \ate CROSSING AT A -0.4 ,I: oc 1C FOR \ ` VCao �O Ct� RR FILE NO 1% DATE ) WARN 1 N 0 YIN. 01ST. 11511E IN ALL OCCASIONS. 0. P. c0CISIICATIONS 0VMITENf MIST E5 (0(4(701 IN AONUICC 0, ANT WOO TO OETERYIIL 0I3T00E A,51 I.00An0N Of CISCO OPTIC CAME. P101C 1 I- EOo-0x -SI53 nionTacific Railroa Contracts ..w and Real: Estate °Departm C ustomer'Satisfaction «. . - 'h ': 'err a. ar•• :" .v 4` r + ' = 3 'f`$ llear' Customer. _ � ; • _ s ,�.,;;;., �•, :�'"�s��, .s.= F.;•,;,,: � -` x�'k` ,ri , °..0 -`. %•, ' :. _if -y ° r_ •- z .:_•i , '.;,.ij -' The - F'C,, n i." a�: f„. a, y,. rjViy ,�•.,:y ?'c:w.Cw%;}r:.aa`i." 7¢,„:. ;••�� st ,, -,,:......,a, - ac .� ` is c : °`t %..s'�L;.S T,Contracsa t . nd Real,.EstatR Estate e Un o stcv ° -' acific is tmg t oi ' be ;more-responsive• and better serve' our customers, n A s _ an aid t . . „1 _ ing. tl „,. ,.. a objectives we would appreciate. your completing ;and returning this survey at your earliest`cbiivemence:. ».. .•�;'. »�•, � +�.' ^�_;'-. �s *� :,,. �` . . *�'"" r Please indicate the extent to whic requirements were .met�ui� the handling of„ the enclosed document: Real Fstate Your Contracts and sentative D p�, Allen � }i » -�••9 re re , - allri Y ° ��o.`�� * :,'` e�,,,<r�r���.aa •: We have provided below for any: co 3 is . ments yo may. have ;about remainder of our "railroad services: I wi see that thes get forwarded to the appropriate departrie ThaanI ;you •fo ;,helping p _serve y ou ; a o n better in the future:4:; ?' . - + •- . Danny: 1. Answered correspondence promptly . 2. Returnedphur calls promptly 3. Answered questions accurately . 4. Responded in a courteous and business like manner 5. Requested information clearly and precisely Overall, to what extent are you satisfied with our: A. Lease and License applications and forms B. Lease and License service C. Lease and License service compared to that of other companies D. Ability to accommodateyourRealEstate needs Folder. \ % ' % ?' ave Utuich;l Assistant Vice President `AS1.4Veryk Not '` Little' Applicable, Extent N/A N/A 1 - 2 - 3 N/A N/A N/A 1— N/A 1 -2 -3 1 1 2 3 5 6 7 8 9=10 :. 1' : 2 -3 -4 5 6 7 8 9-10 7 8 9-10 `. 5 6 7 8 -9-10 3 Signature & Company Name (Optional) Additional Comments about: Our Contracts & Real Estate Department: Other UPRR Services.