CM-06-05-122PL X 940206
Form Approved, AVP -Law
PIPELINE CROSSING
AGREEMENT
Mile Post: 157.42, Austin Subdivision
Location: Round Rock, Williamson County, Texas
240674
AUDIT
Folder No. 02324-34
THIS AGREEMENT is made and entered into as of November 11, 2005, by and between
UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, (hereinafter the "Licensor") and
CITY OF ROUND ROCK, TEXAS, a Texas municipal corporation to be addressed at Public Works
Department, 2008 Enterprise Drive, Round Rock, Texas 78664 (hereinafter the "Licensee").
IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:
Article L LICENSE FEE
Upon execution of this Agreement, the Licensee shall pay to the Licensor a one-time License Fee
of One Thousand Five Hundred Dollars ($1,500.00).
Article H. LICENSOR GRANTS RIGHT.
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 only an
uncased 48" municipal wastewater pipeline crossing (hereinafter the "Pipeline")
in the location shown and in conformity with the dimensions and specifications indicated on the attached
print dated September 27, 2005, marked Exhibit A. Under no circumstances shall Licensee modify the
use of the Pipeline for a purpose other than the above-mentioned, and said Pipeline shall not be used for
any other use, whether such use is currently technologically possible, or whether such use may come into
existence during the life of this Agreement.
Article III. CONSTRUCTION, MAINTENANCE AND OPERATION.
The grant of right herein made to the Licensee is subject to each and all of the terms, provisions,
conditions, limitations and covenants set forth herein and in Exhibit B, hereto attached.
Article IV. IF WORK IS TO BE PERFORMED BY CONTRACTOR.
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 V. INSURANCE
A. The Licensee, at its expense, shall obtain the insurance described in Exhibit B-1, hereto
attached. The Licensee will also provide to the Licensor a Certificate of Insurance, identifying Folder
No. 02324-34, issued by its insurance carrier confirming the existence of such insurance and that the
policy or policies contain the following endorsement:
UNION PACIFIC RAILROAD COMPANY is named as an additional insured with respect
to all liabilities arising out of the existence, use or any work performed on or associated
with the 'Pipeline' located on Railroad right-of-way at Mile Post 157.42, on the Austin
Subdivision, at or near Round Rock, Williamson County, Texas.
B. If the Licensee named in this Agreement is a public entity subject to any applicable statutory
tort laws, the limits of insurance described in Exhibit B-1 shall be the limits the Licensee then has in
effect or which is required by applicable current or subsequent law, whichever is greater, a portion of
which may be self-insured with the consent and approval of the Licensor
C. All insurance correspondence shall be directed to:
Tom Judkins
Folder No. 02324-34
Union Pacific Railroad Company
Real Estate Department
1400 Douglas Street STOP 1690
Omaha, NE 68179-1690
Article VI. TERM.
This Agreement shall take effect as of the date first herein written and shall continue in full force
and effect until terminated as herein provided.
Article VII. SPECIAL PROVISION — TUNNELING PROCEDURE.
A Railroad inspector is required to monitor the ground and track for movement during the
tunneling procedure. The installation process and all train movement must be immediately stopped if any
movement is detected. The damaged area must be immediately repaired and the installation process must
be reviewed and modified, as required, before the installation may proceed. The Licensee must pay the
inspector's expense.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of
the date first herein written.
UNION PACIFIC RAIZ AD CO
B
Man.,' - Contracts
CITY OF ROUND ROCK, TEXAS
By:
PLACE ARROW INDICATING NORTH
DIRECTION RELATIVE TO CROSSING
cP
4'
'/
�
J,)
Pv 32
O,O
o�
ro QOV,J1) iZ Gc 02
I NEAREST R.R. TOWN, C~+,
1 1 1 1 I y
A.
4.1
RR' 5 R/W
NO SCALE
FT.
V
'ENCASED NON-FLAMMABLE
PIPELINE CROSSING
FORM DR- 0404- B
REV. 5-15-98
NOTE: ALL AVAILABLE DIMENSIONS MUST BE
FILLED IN TO PROCESS THIS APPLICATION.
F T.
(SEE NOTE 3 6 5)
CL MAIN TRACK
(DESCRIBE FIXED OBJECT)
(SEE NOTE 6)
(DISTANCE ALONG TRACK FROM SECTION L:NE CROSSING,
FT
(NOTE: THIS DIMENSION REOUIRED IN ALL CASES.
AT LOCATIONS NOT USING SECTIONS, DISTANCE
TO A LEGAL SURVEY LINE 15 REOUIRED)
ES FT.
MIN. DIST
(See Note 2)
2
2204.3
F
FT.
RR' S R/W
( SEE NOTE 3 8 5)
-- Cot* S9 's9
(ANGLE OF CROSSING)
Z I I I I I I
Ret X• „Ja Ate"
(DESCRIBE FIXED OBJECT)
(SEE NOTE 5)
(MILE IS ?.2)
'fes 0 FT.
/FT.
SEAL CASING
O
46 FT
,- Su8GRADE
ROADBED
39 F T.
(4.5 FT MIN.)
(20 FT. MAX.)
CASING PIPE (See Note 4)
4$ FT.
TO 141/4,110110 -.
( NEAREST R. R. TOWN)
GROUND
SURFACE
FT.
(3 FT. M►\)
SEAL CASING
A)
5 FT.
4 2 D
0 FT.
15 FT.
CARRIER PIPE �
0 FT.
0 FT.
0 FT.
NOTES : (CASING LENGTH WHEN MEASURED ALONG PIPELINE.)
I/ ALL HORIZONTAL DISTANCES TO BE MEASURED AT RIGHT ANGLES FROM 4. OF TRACK.
2) CASING TO EXTEND BEYOND THE ( OF TRACK AT RICHT ANGLES THE GREATER OF 20 • 20 FT., OR 30 FT.,
ANO BEYOND LIMIT OF RAILROAD RIGHT-OF-WAY IF NECESSARY TO PROVIDE PROPER LENGTH OUTSIDE OF TRACK.
3) MINIMUM OF 50' FROM THE ENO OF ANY RAILROAD BRIDGE, . OF ANY CULVERT, OR FROM ANY SWITCHING AREA.
4) SIGNAL REPRESENTATIVE MUST BE PRESENT DURING INSTALLATION IF RAILROAD SIGNALS ARE IN THE VICINITY OF CROSSING.
5) ALLOWABLE FIXED OBJECTS INCLUDE: BACKWALLS OF BRIDLES; Q OF ROAD CROSSINGS 8 OVERHEAD VIADUCTS (GIVE ROAD NAME), OR CULVERTS.
6) CASING AND CARRIER PIPE MUST BE PLACED A MINIMUM OF 2 FEET BELOW THE EXISTING FIBER OPTIC CABLE. ANY EXCAVATION REOUIRED WITHIN
5 FEET OF THE EXISTING FIBER OPTIC CABLE MUST BE HANG DUG.
A) IS PIPELINE CROSSING WITHIN DEDICATED STREET -) YES; ./TIO;
B) IF YES, NAME OF STREET
MO OP
STEEL CASING WALL
THICKNESS CHART
MINIMUM DIAMETER OF
THICKNESS CASING PIPE
.2500"
.3125"
.3750"
.4375"
.5000"
. 5625"
. 6250"
i/4" 12" OR LESS
5/16" OVER 12"-18"
3/8" OVER I8"-22"
7/16" OVER 22"-28"
1/2" OVER 28"-34"
9/16" OVER 34"-42"
5/8" OVER 42"-48"
OVER 48" MUST BE
APPROVED BY R. R. CO.
NOTE: THIS CHART (5 ONLY
FOR SMOOTH STEEL CASING
PIPES WITH MINIMUM YIELD
STRENGTH OF 35,000 P51.
FORMULA TO FIGURE CASING
LENGTH WITH ANGLE OF
CROSSING OTHER THAN 90°
LA SINS
B
MIN. DIST.
(NOTE 2)
D) DISTRIBUTION LINE OR TRANSMISSION LINE ✓
C) CARRIER PIPE : ` /
COMMODITY TO BE CONVEYED t JtC PAL WAS?EyjPl'v2
OPERATING PRESSURE O PSI ..
WALL THICKNESS 0.94" ;DIAMETER '4$ .MATERIAL FRP
E) CASING PIPE :
WALL THICKNESS Ni/A ;DIAMETER 14 ;MATERIAL
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 TRACK(S):
DRY BORE AND JACK (WET BORE NOT PERMITTED) ;
✓ TUNNEL ; OTHER
G) WILL CONSTRUCTION BE BY AN OUTSIDE CONTRACTOR? ✓ YES; N0;
H) DISTANCE FROM CENTER LINE OF TRACK TO NEAR FACE OF BO INC AND
JACKING PITS WHEN MEASURED AT RIGHT ANGLES TO TRACK 1MbhJAU
1) APPLICANT HAS CONTACTED 1-800-336-9193, (30 MIN.)
U. P. COMMUN1J,ATION DEPARTMENT, AND HAS DETERMINED FIBER
OPTIC CABLE v DOES ; DOES NOT i EXIST IN VICINITY OF
WORK TO BE PERFORMED . TICKET NO. 7.00S- 042,50/0
]EXHIBIT "A"
FOR RAILROAD USE ONLY,
UNION PACIFIC RAILROAD CO.
,SUBDIVISION,
M. P i�;l.-12.. E° S. 83‘\+S°.tc
ENCASED P;c`\;'-' CROSS INGyAT
,NEAREST CITYI ,COUNTY,
Ci k y j 19%0 tAI^.k. Ka J4
I STATE,
RR FILE NO ��L' ' DATE 911'1-
W A R N I N G
IN ALL OCCASIONS, U. P. COMMUNICATIONS
DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND
LOCATION OF FIBER OPTIC CABLE.
PHONE : 1-800-336-9193
PL X 980112
Form Approved, ,A \ I' .1,.
EXHIBIT B
Section 1. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED.
(a) The foregoing grant of right is subject and subordinate to the prior and continuing right and
obligation of thi' Licensor to use and maintain its entire property including the right and power of the
Licensor to con! trlct, maintain, repair, renew, use, operate, change, modify or relocate railroad tracks,
signal, communicaI ion, fiber optics, or other wirelines, pipelines and other facilities upon, along or across
any or all parts 01 is property, all or any of which may be freely done at any time or times by the Licensor
without liability ;o rhe Licensee 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 Licensor's property, and others) and the right of the Licensor to renew and
extend the sane. aid is nude without covenant of title or for quiet enjoyment.
Section 2. ('t)NSTIZUCTION, MAINTENANCE AND OPERATION.
(a) The Pipeline shall be constructed, operated, maintained, repaired, renewed, modified and/or
reconstructed b\ t l c Licensee in strict conformity with Union Pacific Railroad Co. Common Standard
Specification 1029 adopted November 1949, and all amendments thereof and supplements thereto, which
by this reference is hereby made a part hereof, except as may be modified and approved by the Licensor's
Vice Presiden l -I . n, i neeri ng Services. In the event such Specification conflicts in any respect with the
requirements of any federal, 1, state or municipal law or regulation, such requirements shall govern on all
points of conflict. hut 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 to the
satisfaction of the 1 .icensor.
(c) Prior to Inc commencement of any work m connection with the construction, maintenance, repair,
renewal, modi I'icat 00, 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 by the !:ce President -Engineering Services of the Licensor and then the work shall be done to
the satisfaction 01 I"le Vice President -Engineering Services or his authorized representative. The Licensor
shall have the ri ghl . if' it so elects, to provide such support as it may deem 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 the Licensor in connection therewith, which expense shall include all assignable
costs.
(d) The 1.iee see shall keep and maintain the soil over the Pipeline thoroughly compacted and the
grade even with thcc adjacent surface of the ground.
plx.exb
Exhibit 13
PL X 980112
Form Approved. i\ I' I
Section 3.
If an emergency
practicable to i :i
Licensor at i :I
commencemclt
maintenance_ re
such work sha i i
Section 4.
N ()TICE OF COMMENCEMENT OF WORK.
should arise requiring immediate attention, the Licensee shall provide as much notice as
c, s()r he Core commencing any work. In all other situations, the Licensee shall notify the
. 1 (1() ) days (or such other time as the Licensor may allow) in advance of the
any 'York upon property of the Licensor in connection with the construction,
renewal, modification, reconstruction, relocation or removal of the Pipeline. All
he ;prosecuted diligently to completion.
i, i(' E N S E E TO BEAR ENTIRE EXPENSE.
The Licensee shall hear the entire cost and expense incurred in connection with the construction,
maintenance. rep:11 r and renewal and any and all modification, revision, relocation, removal or
reconstruction Of. t l Ie Pipeline, including any and all expense which may be incurred by the Licensor in
connection therei For supervision, inspection, flagging, or otherwise.
Section 5.
(a) The l c
operation of its
expense of the
location as the
Licensor shall I
(b) All the
property of
property, a p p I
�l 11 t N FO RCEMENT, RELOCATI ON OR REMOVAL OF PIPELINE.
cns ' herein granted is subject to the needs and requirements of the Licensor in the
railroad and in the improvement and use of its property, and the Licensee shall, at the sole
.icense.e. reinforce the Pipeline, or move all or any portion of the Pipeline to such new
Licensor Inay designate, whenever, in the furtherance of its needs and requirements, the
'indd such action necessary or desirable.
Section 6.
lei -ms. conditions and stipulations herein expressed with reference to the Pipeline on
;t : I Icor i I I the location hereinbefore described shall, so far as the Pipeline remains on the
;ic Pipeline as modified, changed or relocated within the contemplation of this section.
1 N1 t RFERENCE WITH LICENSOR'S OPERATION.
The Pipeline ,tnd ,I':i parts thereof within and outside of the limits of the property of the Licensor shall be
constructed and. a I all tines, maintained, repaired, renewed and operated in such manner as to cause no
interference :ever with the constant, continuous and uninterrupted use of the tracks, property and
facilities of the 1.il ,_nsor.. and nothing shall be done or suffered to be done by the Licensee at any time that
would in anv manner impair the safety thereof.
Section 7. i't: ( )TE(:'TION OF FIBER OPTIC CABLE SYSTEMS.
(a) Fiber of is c : blc systems may be buried on the Licensor's property. Protection of the fiber optic
cable systems is c[ :!\treme importance since any break could disrupt service to users resulting in business
interruption and of revenue and profits. Licensee shall telephone the Licensor at 1-800-336-9193 (a
24-hour numi)c .ietermine if fiber optic cable is buried anywhere on the Licensor's premises to be
used by the Licensee. 11 it is, Licensee will telephone the telecommunications company(ies) involved,
arrange for a carie locator. make arrangements for relocation or other protection of the fiber optic cable,
all at Licensees e\.pensc. and will commence no work on the right of way until all such protection or
relocation has been : accomplished. Licensee shall indemnify and hold the Licensor harmless from and
against all cost I bi 1 it and expense whatsoever (including, without limitation, attorneys' fees, court
costs and expel arising out of or caused in any way by Licensee's failure to comply with the
provisions o[ In
plx.exb
Exhibit B
PL X 980112
Form Approved. A
(b) In add o to other indemnity provisions in this Agreement, the Licensee shall indemnify and
hold the Licensor harmless from and against all costs, liability and expense whatsoever (including,
without limitation.:tttorncys' fees, court costs and expenses) caused by the negligence of the Licensee, its
contractor, agent, and/or employees, resulting in (1) any damage to or destruction of any
telecommunicat on. system on Licensor's property, and/or (2) any injury to or death of any person
employed by or on behalf of any telecommunications company, and/or its contractor, agents and/or
employees. on 1 iccnsor's property, except if such costs, liability or expenses are caused solely by the
direct active , , e ,, : i :_,ince of the Licensor. Licensee further agrees that it shall not have or seek recourse
against Licenoi(or any claim or cause of action for alleged loss of profits or revenue or loss of service or
other consegrcn ;:; damage to a telecommunication company using Licensor's property or a customer or
user of service.; , itc tiler optic cable on Licensor's property.
Section 8.
(a) The i
property of t h c I
or reconstruct.ic>>
any kind or nate::-
the instance o>r
Licensor againsi
any way connect,.
1 :ali\1 AND LIENS FOR LABOR AND MATERIAL; TAXES.
•nmec shnIl fully pay for all materials joined or affixed to and labor performed upon
;censor In connection with the construction, maintenance, repair, renewal, modification
or the Pipeline, and shall not permit or suffer any mechanic's or materialman's lien of
o be enforced against the property for any work done or materials furnished thereon at
,a lest or on behalf of the Licensee. The Licensee shall indemnify and hold harmless the
d from any and all liens, claims, demands, costs and expenses of whatsoever nature in
with or growing out of such work done, labor performed, or materials furnished.
(b) The 1 i ,_ ; c sha i I promptly pay or discharge all taxes, charges and assessments levied upon, in
respect to, or •.)„ cecouni of the Pipeline, to prevent the same from becoming a charge or lien upon
property of the I censor.. end so that the taxes, charges and assessments levied upon or in respect to such
property shall nm, !lc increased because of the location, construction or maintenance of the Pipeline or any
improvement. ,ii)phance or fixture connected therewith placed upon such property, or on account of the
Licensee's inti herein. Where such -tax, charge or assessment may not be separately made or assessed
to the Licensee shall be included in the assessment of the property of the Licensor, then the Licensee
shall pay to the .ic •nsor ;in equitable proportion of such taxes determined by the value of the Licensee's
property upon property oI the Licensor as compared with the entire value of such property.
Section 9. _ i : STO RATION OF LICENSOR'S PROPERTY.
In the event ti nsor authorizes the Licensee to take down any fence of the Licensor or in any manner
move or disc.:, ,nv oL the other property of the Licensor in connection with the construction,
maintenance. ° ci,J i r. renewal, modification, reconstruction, relocation or removal of the Pipeline, then in
that event the 1 ,. c•;isee shall, as soon as possible and at Licensee's sole expense, restore such fence and
other property H hc same condition as the same were in before such fence was taken down or such other
property was n -loved or cI sturbed, and the Licensee shall indemnify and hold harmless the Licensor, its
officers, a`;cni.s and employees, against and from any and all liability, loss, damages, claims, demands,
costs and e\pcn:,e of whatsoever nature, including court costs and attorneys' fees, which may result from
injury to or h or persons whomsoever, or damage to or loss or destruction of property whatsoever,
when such I n i u r .. cath.:_lamage, loss or destruction grows out of or arises from the taking down of any
fence or the mo :, or disturbance of any other property of the Licensor.
plx.exb
Exhibit B
PL X 980112
Form Approve,i. -\
Section 10.
(a) As
property at 0
"Loss" incluciC•;
whatsoever n.,io,:,•.
of persons
agents, and ,
property whai,,0 \,:
property o r t h c
DEW\ 1TY.
(b) As
Licensee a Ln ccc�
from:
this Section, "Licensor" includes other railroad companies using the Licensor's
the location of the Licensee's installation and their officers, agents, and employees;
damage, claims, demands, actions, causes of action, penalties, costs, and expenses of
mei 1 ud i n g court costs and attorneys' fees, which may result from: (a) injury to or death
,ever ( including the Licensor's officers, agents, and employees, the Licensee's officers,
vces, well as any other person); and/or (b) damage to or loss or destruction of
r (including Licensee's property, damage to the roadbed, tracks, equipment, or other
nsor. or property in its care or custody).
indu� ement and in consideration of the license and permission herein granted, the
indemnify and hold harmless the Licensor from any Loss which is due to or arises
1. The or any work contemplated by this Agreement including the installation,
const,: ic! 6)0. ma i, ltenance, repair, renewal, modification, reconstruction, relocation, or removal of
the 1)i1,cl, or anv part thereof; or
2. The operation, or use of the Pipeline or contents escaping therefrom,
except to thc
Section 11.
Prior to thc . .
remove the I' int
of the Licchsyi
good a condit,:
the foregoing..'
Licensee. "I'h,.
Licensee, FL•11 ,
restore such n ,, .
may permit t h,
the event o
roadbed and lir'
damage sustain:_
manner prejui(li
t hat t ne Loss is caused by the sole and direct negligence of the Licensor.
\10\ : ►I, OF PIPE LINE UPON TERMINATION OF AGREEMENT.
:,tion :)I this Agreement howsoever, the Licensee shall, at Licensee's sole expense,
,,,., From those portions of the property not occupied by the roadbed and track or tracks
shall restore, to the satisfaction of the Licensor, such portions of such property to as
!hey .'.•ere in at the time of the construction of the Pipeline. If the Licensee fails to do
.icens: ,r may do such work of removal and restoration at the cost and expense of the
L.•: Ensor may, at its option, upon such termination, at the entire cost and expense of the
he pori-i(ns of the Pipeline located underneath its roadbed and track or tracks and
i to a good a condition as it vas in at the time of the construction of the Pipeline, or it
•nsee :;, do such work of removal and restoration to the satisfaction of the Licensor. In
:nava i by the Licensor of the property of the Licensee and of the restoration of the
as I •rein provided, the Licensor shall in no manner be liable to the Licensee for any
• the .icensee for or on account thereof, and such removal and restoration shall in no
imp:iir any right of action for damages, or otherwise, that the Licensor may have
against the 1 . i v_ '_
Section 12.
The waiver ):,
kept, obser., L L;
itself of an'
plx.exb
\1\'1;R (-)F BREACH.
.icens,)r of the breach of any condition, covenant or agreement herein contained to be
1)cl-10:Tried by the Licensee shall in no way impair the right of the Licensor to avail
subsequent breach thereof.
Exhibit B
PL X 980112
Form Approve( i..
Section 13.
(a)• If the i.
Licensee coni;i1
period of thirp.
the License 1r ►
(b) In a d c i t
written not wt.'
however, than !II
(c) Nolicc c'
mailing to Ili i;.
not affect �► n c
accrued or Ul ir_:r
Section 14.
The Licensc.
the written c()nsc
or assignmen ;
law, or other\,\, i
Licensor, shat i ►1»
Section 15.
1 F: RM ! NATION.
_.` nsee sloes not use the right herein granted or the Pipeline for one (1) year, or if the
in do i ault in the performance of any covenant or agreement herein contained for a
'01 days after written notice from the Licensor to the Licensee specifying such default,
►t its option, forthwith immediately terminate this Agreement by written notice.
i o the provisions of subparagraph (a) above, this Agreement may be terminated by
:.1n by _•ither party hereto to the other on any date in such notice stated, not less,
y (30) days subsequent to the date upon which such notice shall be given.
delault and notice of termination may be served personally upon the Licensee or by
know► address of the Licensee: Termination of this Agreement for any reason shall
!Hu rights or obligations of the parties hereto which may have accrued, or liabilities,
Esc. wh i,, h may have arisen prior thereto.
;RFEIENT NOT TO BE ASSIGNED.
H not assign this Agreement, in whole or in part, or any rights herein granted, without
the Licensor, and it is agreed that any transfer or assignment or attempted transfer
hi s Agreement or any of the rights herein granted, whether voluntary, by operation of
without such consent in writing, shall be absolutely void and, at the .option. of the
•
iinate !his Agreement.
�;► (CESSORS AND ASSIGNS.
Subject to ►i-:. ry-
benefit of th; ,►;
plx.exb
inion , of Section 14 hereof, this Agreement shall be binding upon and inure to the
herc o, their heirs, executors, administrators, successors and assigns.
Exhibit B
PUWUDRAII\
Form Approves!
Licensee sl
following
A. Commcrc is
liability \\ I t i
at least -LO
but not Iiniit
• Bodily il,iur.
• Property- a r,
• Fire lei 1 i i
• Product-:
The poi
of insuFao<;
• The em;!
Licensee.
• The exrfll
includir<_.
and expi: .ic
• Waiver o
B. Business, 1�
at least_:`.►I.
• Bodily M H'
• Any and
The poli,..
of insu r :111:-
• The en .1,
License
• The ex,
111Cltldl._ I .
and ex) -:.,;if.
• Motor
'1)(1;i ::1113101/2003
EXHIBIT B-1
Union Pacific Railroad Company
Insurance Provisions For
I'ipeline / Wireline / Drainage License Agreements
sok.' cost and expense, procure and maintain during the life of this Agreement the
CoVL': ;.Ige:
,enerai Liability insurance. This insurance shall contain broad form contractual
III:;inglc limit of at least $2,000,000 each occurrence or claim and an aggregate limit of
000. 'overage must be purchased on a post 1998 ISO or equivalent form, including
to coverage for the following:
Including death and personal injury
i t (;`: or less than the replacement value of the portion of the premises occupied)
'o1 1ple ::d operations
is( . ontain the following endorsements which shall be indicated on the certificate
;Io(1 orker's compensation related exclusions in the above policy apply only to
Ior r 1 iroads (except where the Job site is more than fifty feet (50') from any railroad
not limited to tracks, bridges, trestles, roadbeds, terminals, underpasses or crossings),
col la He and underground hazard shall be removed
C'overa2e insurance. This insurance shall contain a combined single limit of
..I,1i1( p ,r occurrence or claim, including but not limited to coverage for the following:
!l(i pr,.,•)erty damage
• 'tor \'c ,isles including owned, hired and non -owned
1ls0 :_:ontain the following endorsements which shall be indicated on the certificate
,Incl orker's compensation related exclusions in the above policy apply only to
roads (except where the Job site is more than fifty feet (50') from any railroad
to tracks, bridges, trestles, roadbeds, terminals, underpasses or crossings),
I 11,7! and underground hazard shall be removed
Imoorsernent- Hazardous materials clean up
(MCS -90) if required by law.
PUWUDRAIN
Form Approved.
1 iodated 03/01/2003
C. Workers >: 'c.►!pensation and Employers Liability insurance including but not limited to:
• Licensee' s . ;,tory liability under the workers' compensation laws of the state(s) affected by this
Agreemc:
• Employe; i ,:hiliPart B) with limits of at least
)(I.00t i each accident, $500,000 disease policy limit
0.001) each employee
If Workers ( :),': ::•nsation insurance will not cover the liability of Licensee in states that require
participation i : c workers' compensation fund, Licensee shall comply with the laws of such states. If
Licensee is ` -:ureal. evidence of state approval must be provided along with evidence of excess
workers con,, ion coverage. Coverage shall include liability arising out of the U. S. Longshoremen's.
and Harbor :.ri. : s Ac!. the Jones Act, and the Outer Continental Shelf Land Act, if applicable.
The policy sit:,l! so contain the following endorsement which shall be indicated on the certificate of
insurance:
• Alternate 1.r.wovcr Indorsement
D. Umbrella w. Excess Policies In the event Licensee utilizes Umbrella or excess policies, these
policies 1, -101 Iowa' Orm" and afford no less coverage than the primary policy.
Other Rec>Infl eInc siis
E. Punitive ciar -!1_c exclusion must be deleted, which deletion shall be indicated on the certificate of
insurance.
F. Licensee:,
waive their
its 1nsu1 C'; s .:
propert<
respect a,
certiticw. { 2
to \\ aive its right of recovery, and its insurers, through policy endorsement, agree to
h t of subrogation against Licensor. Licensee further waives its right of recovery, and
wage their right of subrogation against Licensor for loss of its owned or leased
()perty ,ander its care, custody and control. Licensee's insurance shall be primary with
nsnr,,, ct can-ied by Licensor. All waivers of subrogation shall be indicated on the
ii(st{ra Fcc.
G. All policy(i :. ) required above (excluding Workers Compensation) shall provide severability of
interests ,Inci name Licensor as an additional insured. Severability of interest and naming
Licensor a. a;1(Iitional insured shall be indicated on the certificate of insurance.
H. Prior to c :) in r! c n, c i n �2. the Work, Licensee shall furnish to Licensor original certificate(s) of insurance
evidenc a1,_2 el u, red coverage, endorsements, and amendments. The certificate(s) shall contain a
provision iIt ohliptes the insurance -company(ies) issuing such policy(ies) to notify Licensor in
writing or cancellation or material alteration. Upon request from Licensor, a certified
duplicate or tinai of any required policy shall be furnished.
I. Any I;;H -,u. (. L: policy shall be written by a reputable insurance company acceptable to Licensor or
with a rr; Best's Insurance Guide Rating of A- and Class VII or better, and authorized to do
business " siate(s) in which the service is to be provided.
PL/WL/DR.\IN \
Form Appro\ cd.
03/01/2003
J. Licensee IZ R.,,\ NTS that this Agreement has been thoroughly reviewed by Licensee's insurance
agents;. i(s). who have been instructed by Licensee to procure the insurance coverage required
by this ,_ nr ano acknowledges that Licensee's insurance coverage will be primary.
K. The (ac: HL tai anC'.' is obtained by Licensee or Licensor on behalf of Licensee shall not be deemed
to rc lca, . i ; is ; he liability of Licensee, including, without limitation, liability under the
indemnll ,; •1ions of this Agreement. Damages recoverable by Licensor shall not be limited by
the a mo, requ l i red insurance coverage.
Policy ma :‘•
REQUESTS FOR
APPLICATION FORM
RAILROAD PROTECTIVE LIABILITY INSURANCE
(.`2,000,000 per occurrence/$6,000,000 aggregate)
born s for inclusion in the Railroad's Blanket Railroad Protective Liability Insurance
Union Pacific's insurance carrier by contacting:
1\10 oo4141-6105
1'honc : i s ''01) 72)-7001
Fax: I
l:n, c .,1": �,lrade(dnlarsh.com
l:n ,ac.r Earsh.com
The RP 1..
Any cheek:,
the check.
0;:;n and premium should be sent directly to Marsh, USA at the address shown.
:•:1arsh, USA should reference Union Pacific Railroad in the "Memo" section of
in a `•.'00 n:.ay be able to access the application at:
r�. s;_Troup/rrinsure
DATE: May 17, 2006
SUBJECT: City Manager Approval - May 26, 2006
ITEM: Authorization for City Manager to execute a Pipeline
Crossing Agreement with the Union Pacific Railroad for
the McNutt Creek Wastewater Interceptor - Phase I
project.
Department: Water/Wastewater Utility Department
Staff Person: Tom Clark, Utility Department Director
Michael Thane, Engineering Manager
Justification:
The McNutt Creek wastewater interceptor will serve the northeastern part of
Round Rock and will cross underneath the Union Pacific Railroad (UPRR) near
the intersection of U.S. Highway 79 and County Road 122. This Pipeline
Crossing Agreement between the City of Round Rock and the UPRR will allow
this project to be completed.
Funding:
Cost: $1,500
Source of funds: Utility Fund
Outside Resources: K. Friese & Associates (Design Engineer)
Mole Kassouf, J.V. (Contractor)
Background Information:
The McNutt Creek drainage basin is located on the eastern end of the City's
ETJ. There is no City water or wastewater infrastructure in this part of the
Round Rock ETJ. To prepare for the development and growth, the City has
developed a Wastewater Master Plan that includes the construction of this
interceptor to serve this area. The project includes the construction of an
8,340 linear foot of 48 -inch wastewater line. The expected construction
completion date of the wastewater interceptor is October 2007. Consent
agreements authorizing Sienna Hills MUD and Paloma MUD have been
executed. The City is committed to providing wastewater service to the
MUDS and this agreement is critical to our ability to meet this commitment.
Public Comment: NA