Contract - Union Pacific Railroad - 11/10/2016 UPRR Foldero. 9 5
PUBLIC HIGHWAY AT-GRADE CROSSING
IMPROVEMENT AGREEMENT
BETWEEN
UNION PACIFIC RAILROAD COMPANY
AND
CITY OF ROUND ROCK
COVERING
THE INSTALLATION OF SIGNALS
(DOT NO. 439694X)
AT
RAILROAD MILE POST 162.59 AUSTIN SUBDIVISION
AT OR NEAR
ROUND ROCK,
WILLIAMSON COUNTY,
TEXAS
��,-3906
UNION PACIFIC RAILROAD COMPANY
PUBLIC HIGHWAY AT-GRADE CROSSING(Improvement Agreement) BUILDING I
Form Approved,AVP-Law rffiy
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UPRR Folder No.: 2984-59
UPRR Audit No.
PUBLIC HIGHWAY AT-GRADE CROSSING
IMPROVEMENT AGREEMENT
THIS AGREEMENT is made as of the day of , 20 , by and
between UNION PACIFIC RAILROAD COMPANY,a Delaware corporation,or its predecessor
in interest, with a mailing address at 1400 Douglas Street,MS 1690,Omaha,Nebraska,68179-1690
("Railroad"),and(the)CITY OF ROUND ROCK,a(n)Texas municipal corporation with a mailing
address at 2008 Enterprise Dr,Transportation Services,Round Rock TX 78664("Political Body").
RECITALS:
Presently, the Political Body utilizes the Railroad's property for the existing St Williams
Street at-grade public road crossing, DOT No. 439694X, at Railroad's Mile Post 162.59 on it's
Austin Subdivision, in or near Round Rock,Williamson County Texas(hereinafter the"Roadway").
The Political Body now desires to undertake as its project(the"Project")the installation of
four quad gates with loop detection circuits, new constant warning technology, gates and lights,
advance preemption circuitry with the Political Body to install preempted traffic signals at the
intersection of St Williams St and McNeil Rd of the existing Roadway.The existing aforementioned
roadway, as reconstructed is hereinafter the "Roadway" and where the Roadway crosses the
Railroad's property is the "Crossing Area" in the location shown on the Railroad Location Print
marked Exhibit A, attached hereto and hereby made a part hereof.
The right of way currently used by the Political Body is sufficient to allow for the
reconstruction of the road crossing. Therefore, under this Agreement, the Railroad will not be
granting an additional right of way right to the Political Body.
The Railroad and the Political Body and entering into this agreement to cover the above.
AGREEMENT:
NOW THEREFORE, in consideration of the premises and of the promises and conditions
hereinafter set forth, the parties hereto agree as follows:
SECTION 1.
The exhibits below are attached hereto and hereby made a part hereof.
Exhibit A Railroad Location Print
Exhibit B Railroad's General Terms and Conditions
Exhibit C Railroad's Material and Force Account Estimate
Exhibit D Railroad's Form of Contractor's Right of Entry Agreement
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UNION PACIFIC RAILROAD COMPANY
PUBLIC HIGHWAY AT-GRADE CROSSING (Improvement Agreement) BUILDING rMI
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SECTION 2.
The General Terms and Conditions marked Exhibit B,are attached hereto and hereby made a
part hereof.
SECTION 3.
The Railroad, at Political Body's expense, shall furnish all labor, material, equipment and
supervision for the Roadway improvements:
• Surface and signals
• Engineering, and
• Flagging.
SECTION 4.
A. The work to be performed by the Railroad, at the Political Body's sole cost and expense, is
described in the Railroad's Material and Force Account Estimate:
• Signal Estimate dated May 24,2016, in the amount of$707,060.00, marked Exhibit C,
attached hereto and hereby made a part hereof(the "Estimate).
B. The Railroad, if it so elects, may recalculate and update the Estimate submitted to the
Political Body in the event the Political Body does not commence construction on the portion
of the Project located on the Railroad's property within six (6) months from the date of the
Estimate.
C. The Political Body acknowledges that the Estimate does not include any estimate of flagging
or other protective service costs that are to be paid by the Political Body or the Contractor in
connection with flagging or other protective services provided by the Railroad in connection
with the Project. All of such costs incurred by the Railroad are to be paid by the Political
Body or the Contractor as determined by the Railroad and the Political Body. If it is
detennined that the Railroad will be billing the Contractor directly for such costs, the
Political Body agrees that it will pay the Railroad for any flagging costs that have not been
paid by any Contractor within thirty(30) days of the Contractor's receipt of billing.
D. The Political Body agrees to reimburse the Railroad for one hundred percent(100%)of all
actual costs incurred by the Railroad in connection with the Project including,but not limited
to, actual costs of preliminary engineering review, construction inspection, procurement of
materials,equipment rental,manpower and deliveries to the job site and all of the Railroad's
normal and customary additives (which shall include direct and indirect overhead costs)
associated therewith.
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UNION PACIFIC RAILROAD COMPANY
PUBLIC HIGHWAY AT-GRADE CROSSING(Improvement Agreement) BUILDINGI
Form Approved,AVP-Law
qffi
SECTION 5. SIGNAL MAINTENANCE FEE.
A. Effective as of the Effective Date of this Agreement, the Political Body, agrees to pay to
Railroad the sum of TWO HUNDRED SEVEN THOUSAND FIVE HUNDRED DOLLARS
($207,500.00)as payment for Railroad's maintenance of the railroad crossing warning for the next
twenty(20)years. At the end of the twenty year period on ,2036 a new fee will
be calculated for signal maintenance. This fee will be detennined by the Railroad per Section 5
paragraph B.
B. The above annual fee is based on the number of current signal units at the Road Crossing.
Effective on the twenty anniversary of this Agreement and on the anniversary date of each
subsequent one year period, the annual fee will be increased at a rate based on the American
Association of Railroad's (AAR) signal unit cost index. Such changes in the maintenance fee
may be made by the Railroad by means of automatic adjustment in billing. The signal unit base
for the annual fee may be re-determined by the Railroad at any time subsequent to the expiration
of five (5)years following the date on which the annual rental was last determined or established.
Such changes in the maintenance fee may be made by means of automatic adjustment in billing.
SECTION 6.
A. The Political Body, at its expense, shall prepare, or cause to be prepared by others, the
detailed plans and specifications and submit such plans and specifications to the Railroad's
Assistant Vice President Engineering—Design, or his authorized representative,for review
and approval. The plans and specifications shall include all Roadway layout specifications,
cross sections and elevations, associated drainage, and other appurtenances.
B. The final one hundred percent (100%) completed plans that are approved in writing by the
Railroad's Assistant Vice President Engineering—Design,or his authorized representative,are
hereinafter referred to as the"Plans". The Plans are hereby made a part of this Agreement by
reference.
C. No changes in the Plans shall be made unless the Railroad has consented to such changes in
writing.
D. Notwithstanding the Railroad's approval of the Plans,the Railroad shall not be responsible
for the permitting, design, details or construction of the Roadway.
SECTION 7.
The Railroad, at the Political Body's expense, shall maintain the crossing between the track
tie ends. If, in the future, the Political Body elects to have the surfacing material between the track
tie ends replaced with paving or some surfacing material other than timber planking,the Railroad,at
Political Body's expense, shall install such replacement surfacing.
SECTION 8.
A. The Political Body,at its sole cost and expense,shall provide traffic control,barricades,and
all detour signing for the crossing work,provide all labor,material and equipment to install
concrete or asphalt street approaches, and if required, will install advanced warning signs,
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UNION PACIFIC RAILROAD COMPANY
PUBLIC HIGHWAY AT-GRADE CROSSING(Improvement Agreement) BUILDING
Form Approved,AVP-Law r)ffi
UUF
and pavement markings in compliance and conformance with the Manual on Uniform Traffic
Control Devices.
B. The Political Body, at its expense, shall maintain and repair all portions of the Roadway
approaches that are not within the track tie ends.
SECTION 9.
If Political Body's contractor(s) is/are performing any work described in Section 5 above,
then the Political Body shall require its contractor(s)to execute the Railroad's standard and current
form of Contractor's Right of Entry Agreement attached hereto as Exhibit D. Political Body
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(s) of the need to execute the
Agreement. Under no circumstances will the Political Body's contractor(s) be allowed onto the
Railroad's premises without first executing the Contractor's Right of Entry Agreement.
SECTION 10.
Fiber optic cable systems may be buried on the Railroad's property. Protection of the fiber
optic cable systems is of extreme importance since any break could disrupt service to users resulting
in business interruption and loss of revenue and profits. Political Body or its contractor(s) shall
telephone the Railroad during normal business hours(7:00 a.m.to 9:00 p.m.,Central Time,Monday
through Friday, except holidays) at 1-800-336-9193 (also a 24-hour number, 7 day number for
emergency calls)to determine if fiber optic cable is buried anywhere on the Railroad's premises to be
used by the Political Body or its contractor(s). If it is, Political Body or its contractor(s) will
telephone the telecommunications company(ies) involved, arrange for a cable locator, and make
arrangements for relocation or other protection of the fiber optic cable prior to beginning any work
on the Railroad's premises.
SECTION 11.
The Political Body, for itself and for its successors and assigns, hereby waives any right of
assessment against the Railroad,as an adjacent property owner,for any and all improvements made
under this agreement.
SECTION 12.
Covenants herein shall inure to or bind each party's successors and assigns;provided,no right
of the Political Body shall be transferred or assigned, either voluntarily or involuntarily, except by
express prior written consent of the Railroad.
SECTION 13.
The Political Body shall,when returning this agreement to the Railroad(signed),cause same
to be accompanied by such Order, Resolution, or Ordinance of the governing body of the Political
Body, passed and approved as by law prescribed,and duly certified, evidencing the authority of the
person executing this agreement on behalf of the Political Body with the power so to do,and which
also will certify that funds have been appropriated and are available for the payment of any sums
herein agreed to be paid by Political Body.
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UNION PACIFIC RAILROAD COMPANY
PUBLIC HIGHWAY AT-GRADE CROSSING(Improvement Agreement) BUILDING
Form Approved,AVP-Law
SECTION 14.
The Political Body agrees to reimburse the Railroad the cost of future maintenance of the
automatic grade-crossing protection within thirty(30)days of the Political Body's receipt of billing.
SECTION 15.
Upon execution and delivery of this Agreement, the Political Body shall pay to the
Railroad an administrative application charge of ONE THOUSAND DOLLARS ($ 1,000.00).
SECTION 16. SPECIAL PROVISIONS PERTAINING TO AMERICAN RECOVERY
AND REINVESTMENT ACT OF 2009.
If the Political Body will be receiving American Recovery and Reinvestment Act("ARRA")
funding for the Project,the Political Body agrees that it is responsible in performing and completing
all ARRA reporting documents for the Project. The Political Body confirms and acknowledges
that Section 1512 of the ARRA provisions applies only to a "recipient" receiving ARRA funding
directly from the federal government and, therefore, (i) the ARRA reporting requirements are the
responsibility of the Political Body and not of the Railroad and (ii) the Political Body shall not
delegate any ARRA reporting responsibilities to the Railroad. The Political Body also confirms and
acknowledges that (i) the Railroad shall provide to the Political Body the Railroad's standard and
customary billing for expenses incurred by the Railroad for the Project including the Railroad's
standard and customary documentation to support such billing and(ii)such standard and customary
billing and documentation from the Railroad provides the information needed by the Political Body
to perform and complete the ARRA reporting documents. The Railroad confirms that the Political
Body and the Federal Highway Administration shall have the right to audit the Railroad's billing and
documentation for the Project.
IN WITNESS WHEREOF,the parties hereto have caused this Supplemental Agreement to
be executed as of the day and year first hereinabove written.
UNION PACIFIC RAILROAD COMPANY
(Federal Tax ID 994-6001323)
By:
DAN A. LEIS
General Director Real Estate
WITNESS: CITY OF ROUND ROCK
/, ,111A /.
BY
Printed Name:
Title: •��•Ci�`'�
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UNION PACIFIC RAILROAD COMPANY
PUBLIC HIGHWAY AT-GRADE CROSSING (Improvement Agreement) BUILDING R A
Form Approved,AVP-Law a y
EXHIBIT A
To Public Highway At-Grade Crossing Improvement
Agreement
Cover Sheet for the
Railroad Location Print
General Terms&Conditions Page 1 Of 7
Exhibit B
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EXHIBIT "A"
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s RAILROAD LOCATION PRINT
FOR AN EXISTING AT GRADE
PUBLIC ROAD CROSSING AGREEMENT
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DOT No.439694X
M.P. 162.5 Austin Subdivision R. r
Round Rock,Williamson County, TX
At Grade Public Road Crossing.
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UNION PACIFIC RAILROAD COMPANY
AUSTIN SUBDIVISION
RAILROAD MILE POST 162.5
ROUND ROCK,WILLIAMSON COUNTY,TEXAS
To accompany an agreement with
THE CITY OF ROUND ROCK AND ITS CONTRACTOR
covering an At Grade Public Road Crossing.
Folder No.2984-59 Date:April 11,2016
WARNING
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: 14800)336-9193
Exhibit A
Railroad Location Print
UNION PACIFIC RAILROAD COMPANY
PUBLIC HIGHWAY AT-GRADE CROSSING(Improvement Agreement) BUILDING R
Form Approved,AVP-Law UUF
EXHIBIT B
TO PUBLIC HIGHWAY AT-GRADE CROSSING IMPROVEMENT AGREEMENT
GENERAL TERMS AND CONDITIONS
SECTION 1. CONDITIONS AND COVENANTS
A. The Railroad makes no covenant or warranty of title for quiet possession or against encumbrances. The Political
Body shall not use or permit use of the Crossing Area for any purposes other than those described in this Agreement.
Without limiting the foregoing,the Political Body shall not use or permit use of the Crossing Area for railroad purposes,or
for gas, oil or gasoline pipe lines.Any lines constructed on the Railroad's property by or under authority of the Political
Body for the purpose of conveying electric power or communications incidental to the Political Body's use of the property
for highway purposes shall be constructed in accordance with specifications and requirements of the Railroad, and in
such manner as not adversely to affect communication or signal lines of the Railroad or its licensees now or hereafter
located upon said property. No nonparty shall be admitted by the Political Body to use or occupy any part of the
Railroad's property without the Railroad's written consent. Nothing herein shall obligate the Railroad to give such
consent.
B. The Railroad reserves the right to cross the Crossing Area with such railroad tracks as may be required for its
convenience or purposes. In the event the Railroad shall place additional tracks upon the Crossing Area,the Political
Body shall, at its sole cost and expense, modify the Roadway to conform with all tracks within the Crossing Area.
C. The right hereby granted is subject to any existing encumbrances and rights(whether public or private),recorded or
unrecorded,and also to any renewals thereof. The Political Body shall not damage,destroy or interfere with the property
or rights of nonparties in, upon or relating to the Railroad's property, unless the Political Body at its own expense settles
with and obtains releases from such nonparties.
D. The Railroad reserves the right to use and to grant to others the right to use the Crossing Area for any purpose not
inconsistent with the right hereby granted, including, but not by way of limitation, the right to construct, reconstruct,
maintain, operate, repair, alter, renew and replace tracks,facilities and appurtenances on the property; and the right to
cross the Crossing Area with all kinds of equipment.
E. So far as it lawfully may do so,the Political Body will assume,bear and pay all taxes and assessments of whatsoever
nature or kind(whether general,local or special)levied or assessed upon or against the Crossing Area,excepting taxes
levied upon and against the property as a component part of the Railroad's operating property.
F. If any property or rights other than the right hereby granted are necessary for the construction,maintenance and use
of the Roadway and its appurtenances, or for the performance of any work in connection with the Project,the Political
Body will acquire all such other property and rights at its own expense and without expense to the Railroad.
SECTION 2. CONSTRUCTION OF ROADWAY
A. The Political Body, at its expense, will apply for and obtain all public authority required by law, ordinance, rule or
regulation for the Project, and will furnish the Railroad upon request with satisfactory evidence that such authority has
been obtained.
B. Except as may be otherwise specifically provided herein,the Political Body,at its expense,will furnish all necessary
labor, material and equipment, and shall construct and complete the Roadway and all appurtenances thereof. The
appurtenances shall include,without limitation,all necessary and proper highway warning devices(except those installed
by the Railroad within its right of way)and all necessary drainage facilities,guard rails or barriers,and right of way fences
between the Roadway and the railroad tracks. Upon completion of the Project,the Political Body shall remove from the
Railroad's property all temporary structures and false work,and will leave the Crossing Area in a condition satisfactory to
the Railroad.
C. All construction work of the Political Body upon the Railroad's property(including, but not limited to, construction of
General Terms&Conditions Page 2 of 7
Exhibit B
UNION PACIFIC RAILROAD COMPANY
PUBLIC HIGHWAY AT-GRADE CROSSING(Improvement Agreement) BUILDIN A
a V
Form Approved,AVP-Law
the Roadway and all appurtenances and all related and incidental work)shall be performed and completed in a manner
satisfactory to the Assistant Vice President Engineering-Design of the Railroad or his authorized representative and in
compliance with the Plans, and other guidelines furnished by the Railroad.
D. All construction work of the Political Body shall be performed diligently and completed within a reasonable time. No
part of the Project shall be suspended,discontinued or unduly delayed without the Railroad's written consent,and subject
to such reasonable conditions as the Railroad may specify. It is understood that the Railroad's tracks at and in the vicinity
of the work will be in constant or frequent use during progress of the work and that movement or stoppage of trains,
engines or cars may cause delays in the work of the Political Body. The Political Body hereby assumes the risk of any
such delays and agrees that no claims for damages on account of any delay shall be made against the Railroad by the
State and/or the Contractor.
SECTION 3. INJURY AND DAMAGE TO PROPERTY
If the Political Body,in the performance of any work contemplated by this Agreement or by the failure to do or perform
anything for which the Political Body is responsible under the provisions of this Agreement, shall injure, damage or destroy
any property of the Railroad or of any other person lawfully occupying or using the property of the Railroad, such property
shall be replaced or repaired by the Political Body at the Political Body's own expense, or by the Railroad at the expense of
the Political Body, and to the satisfaction of the Railroad's Assistant Vice President Engineering-Design.
SECTION 4. RAILROAD MAY USE CONTRACTORS TO PERFORM WORK
The Railroad may contract for the performance of any of its work by other than the Railroad forces. The Railroad
shall notify the Political Body of the contract price within ninety(90)days after it is awarded. Unless the Railroad's work is to
be performed on a fixed price basis, the Political Body shall reimburse the Railroad for the amount of the contract.
SECTION 5. MAINTENANCE AND REPAIRS
A. The Political Body shall,at its own sole expense,maintain, repair,and renew,or cause to be maintained,repaired and
renewed,the entire Crossing Area and Roadway,except the portions between the track tie ends,which shall be maintained
by and at the expense of the Railroad.
B. If,in the future,the Political Body elects to have the surfacing material between the track tie ends,or between tracks if
there is more than one railroad track across the Crossing Area, replaced with paving or some surfacing material otherthan
timer planking,the Railroad, at the Political Body's expense, shall install such replacement surfacing,and in the future,to
the extent repair or replacement of the surfacing is necessitated by repair or rehabilitation of the Railroad's tracks through
the Crossing Area, the Political Body shall bear the expense of such repairs or replacement.
SECTION 6. CHANGES IN GRADE
If at any time the Railroad shall elect, or be required by competent authority to, raise or lower the grade of all or any
portion of the track(s) located within the Crossing Area,the Political Body shall, at its own expense, conform the Roadway to
conform with the change of grade of the trackage.
SECTION 7. REARRANGEMENT OF WARNING DEVICES
If the change or rearrangement of any warning device installed hereunder is necessitated for public or Railroad
convenience or on account of improvements for either the Railroad, highway or both,the parties will apportion the expense
incidental thereto between themselves by negotiation,agreement or by the order of a competent authority before the change
or rearrangement is undertaken.
SECTION 8. SAFETY MEASURES; PROTECTION
OF RAILROAD COMPANY OPERATIONS
It is understood and recognized that safety and continuity of the Railroad's operations and communications are of the
utmost importance; and in order that the same may be adequately safeguarded, protected and assured, and in order that
accidents may be prevented and avoided,it is agreed with respect to all of said work of the Political Body that the work will be
General Terms&Conditions Page 3 of 7 Exhibit B
UNION PACIFIC RAILROAD COMPANY
PUBLIC HIGHWAY AT-GRADE CROSSING(Improvement Agreement) BUILDING
Form Approved,AVP-Law
performed in a safe manner and in conformity with the following standards: UUP—Y
A. Definitions. All references in this Agreement to the Political Body shall also include the Contractor and their
respective officers, agents and employees, and others acting under its or their authority; and all references in this
Agreement to work of the Political Body shall include work both within and outside of the Railroad's property.
B. Entry on to Railroad's Property by Political Body. If the Political Body's employees need to enter Railroad's
property in order to perform an inspection of the Roadway, minor maintenance or other activities,the Political Body shall
first provide at least ten(10)working days advance notice to the Railroad Representative. With respect to such entry on to
Railroad's property,the Political Body,to the extent permitted by law,agrees to release,defend and indemnify the Railroad
from and against any loss, damage, injury, liability, claim, cost or expense incurred by any person including, without
limitation,the Political Body's employees,or damage to any property or equipment(collectively the"Loss")that arises from
the presence or activities of Political Body's employees on Railroad's property,except to the extent that any Loss is caused
by the sole direct negligence of Railroad.
C. Flagging.
(i) If the Political Body's employees need to enter Railroad's property as provided in Paragraph B above,the Political Body
agrees to notify the Railroad Representative at least thirty(30)working days in advance of proposed performance of
any work by Political Body in which any person or equipment will be within twenty-five(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
twenty-five (25) feet of any track. No work of any kind shall be performed, and no person, equipment, machinery,
tool(s), material(s),vehicle(s),or thing(s)shall be located,operated,placed,or stored within twenty-five(25)feet of any
of Railroad's track(s) at any time, for any reason, unless and until a Railroad flagman is provided to watch for trains.
Upon receipt of such thirty (30) day notice, the Railroad Representative will determine and inform Political Body
whether a flagman need be present and whether Political Body needs to implement any special protective or safety
measures. If flagging or other special protective or safety measures are performed by Railroad, Railroad will bill
Political Body for such expenses incurred by Railroad. If Railroad performs any flagging,or other special protective or
safety measures are performed by Railroad, Political Body agrees that Political Body is not relieved of any of its
responsibilities or liabilities set forth in this Agreement.
(ii) The rate of pay per hour for each flagman will be the prevailing hourly rate in effect for an eight-hour day for the class
of flagmen used during regularly assigned hours and overtime in accordance with Labor Agreements and Schedules in
effect at the time the work is performed. In addition to the cost of such labor,a composite charge for vacation,holiday,
health and welfare, supplemental sickness, Railroad Retirement and unemployment compensation, supplemental
pension, Employees Liability and Property Damage and Administration will be included, computed on actual payroll.
The composite charge will be the prevailing composite charge in effect at the time the work is performed. One and
one-half times the current hourly rate is paid for overtime,Saturdays and Sundays,and two and one-half times current
hourly rate for holidays. Wage rates are subject to change,at any time,by law or by agreement between Railroad and
its employees, and may be retroactive as a result of negotiations or a ruling of an authorized governmental agency.
Additional charges on labor are also subject to change. If the wage rate or additional charges are changed, Political
Body shall pay on the basis of the new rates and charges.
(iii) Reimbursement to Railroad will be required covering the full eight-hour day during which any flagman is furnished,
unless the flagman can be assigned to other Railroad work during a portion of such day,in which event reimbursement
will not be required for the portion of the day during which the flagman is engaged in other Railroad work.
Reimbursement will also be required for any day not actually worked by the flagman following the flagman's
assignment to work on the project for which Railroad is required to pay the flagman and which could not reasonably be
avoided by Railroad by assignment of such flagman to other work, even though Political Body may not be working
during such time. When it becomes necessary for Railroad to bulletin and assign an employee to a flagging position in
compliance with union collective bargaining agreements, Political Body must provide Railroad a minimum of five(5)
days notice prior to the cessation of the need for a flagman. If five (5) days notice of cessation is not given, Political
Body will still be required to pay flagging charges for the five(5)day notice period required by union agreement to be
given to the employee, even though flagging is not required for that period. An additional thirty(30)days notice must
then be given to Railroad if flagging services are needed again after such five day cessation notice has been given to
Railroad.
D. Compliance With Laws. The Political Body shall comply with all applicable federal,state and local laws,regulations
and enactments affecting the work. The Political Body shall use only such methods as are consistent with safety,both as
General Terms&Conditions Page 4 of 7 Exhibit B
UNION PACIFIC RAILROAD COMPANY
PUBLIC HIGHWAY AT-GRADE CROSSING(Improvement Agreement) BUILDING RI
Form Approved,AVP-Law
concerns the Political Body,the Political Body's agents and employees,the officers, agents,employees pr ert of
the Railroad and the public in general. The Political Body(without limiting 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 premises. If any failure by the
Political Body 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 Political Body shall reimburse, and to the extent it may
lawfully do so, indemnify the Railroad for any such fine, penalty, cost, or charge, including without limitation attorney's
fees, court costs and expenses. The Political Body 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.
E. No Interference or Delays. The Political Body shall not do, suffer or permit anything which will or may obstruct,
endanger, interfere with, hinder or delay maintenance or operation of the Railroad's tracks or facilities, or any
communication or signal lines,installations or any appurtenances thereof,or the operations of others lawfully occupying
or using the Railroad's property or facilities.
F. Supervision. The Political Body,at its own expense, shall adequately police and supervise all work to be performed
by the Political Body, and shall not inflict injury to persons or damage to property for the safety of whom or of which the
Railroad may be responsible, or to property of the Railroad.The responsibility of the Political Body for safe conduct and
adequate policing and supervision of the Project shall not be lessened or otherwise affected by the Railroad's approval of
plans and specifications, or by the Railroad's collaboration in performance of any work, or by the presence at the work
site of the Railroad's representatives,or by compliance by the Political Body with any requests or recommendations made
by such representatives. If a representative of the Railroad is assigned to the Project, the Political Body will give due
consideration to suggestions and recommendations made by such representative for the safety and protection of the
Railroad's property and operations.
G. Suspension of Work. If at anytime the Political Body's engineers or the Vice President-Engineering Services of the
Railroad or their respective representatives shall be of the opinion that any work of the Political Body is being or is about
to be done or prosecuted without due regard and precaution for safety and security,the Political Body shall immediately
suspend the work until suitable, adequate and proper protective measures are adopted and provided.
H. Removal of Debris. The Political Body shall not cause, suffer or permit material or debris to be deposited or cast
upon,or to slide or fall upon any property or facilities of the Railroad;and any such material and debris shall be promptly
removed from the Railroad's property by the Political Body at the Political Body's own expense or by the Railroad at the
expense of the Political Body. The Political Body shall not cause,suffer or permit any snow to be plowed or cast upon the
Railroad's property during snow removal from the Crossing Area.
I. Explosives. The Political Body shall not discharge any explosives on or in the vicinity of the Railroad's property
without the prior consent of the Railroad's Vice President-Engineering Services, which shall not be given if, in the sole
discretion of the Railroad's Vice President-Engineering Services,such discharge would be dangerous or would interfere
with the Railroad's property or facilities. For the purposes hereof,the"vicinity of the Railroad's property'shall be deemed
to be any place on the Railroad's property or in such close proximity to the Railroad's property that the discharge of
explosives could cause injury to the Railroad's employees or other persons,or cause damage to or interference with the
facilities or operations on the Railroad's property. The Railroad reserves the right to impose such conditions,restrictions
or limitations on the transportation, handling, storage, security and use of explosives as the Railroad, in the Railroad's
sole discretion, may deem to be necessary, desirable or appropriate.
J. Excavation. The Political Body shall not excavate from existing slopes nor construct new slopes which are
excessive and may create hazards of slides or falling rock,or impair or endanger the clearance between existing or new
slopes and the tracks of the Railroad. The Political Body shall not do or cause to be done any work which will or may
disturb the stability of any area or adversely affect the Railroad's tracks or facilities. The Political Body, at its own
expense, shall install and maintain adequate shoring and cribbing for all excavation and/or trenching performed by the
Political Body in connection with construction, maintenance or other work. The shoring and cribbing shall be constructed
and maintained with materials and in a manner approved by the Railroad's Assistant Vice President Engineering-Design
to withstand all stresses likely to be encountered, including any stresses resulting from vibrations caused by the
Railroad's operations in the vicinity.
K. Drainage. The Political Body, at the Political Body's own expense, shall provide and maintain suitable facilities for
draining the Roadway and its appurtenances, and shall not suffer or permit drainage water therefrom to flow or collect
General Terms&Conditions Page 5 of 7
Exhibit B
UNION PACIFIC RAILROAD COMPANY
PUBLIC HIGHWAY AT-GRADE CROSSING (Improvement Agreement) BUILDING R A
Form Approved,AVP-Law
upon property of the Railroad. The Political Body, at the Political Body's own expense, shall provide adequate
passageway for the waters of any streams, bodies of water and drainage facilities(either natural or artificial,and including
water from the Railroad's culvert and drainage facilities),so that said waters may not,because of any facilities orwork of
the Political Body, be impeded, obstructed, diverted or caused to back up, overflow or damage the property of the
Railroad or any part thereof,or property of others.The Political Body shall not obstruct or interfere with existing ditches or
drainage facilities.
L. Notice. Before commencing any work, the Political Body shall provide the advance notice to the Railroad that is
required under the Contractor's Right of Entry Agreement.
M. Fiber Optic Cables. Fiber optic cable systems maybe buried on the Railroad's property.Protection of the fiber optic
cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption
and loss of revenue and profits. Political Body shall telephone the Railroad during normal business hours(7:00 a.m.to
9:00 p.m. Central Time, Monday through Friday, except holidays)at 1-800-336-9193(also a 24-hour,7-day number for
emergency calls) to determine if fiber optic cable is buried anywhere on the Railroad's premises to be used by the
Political Body. If it is, Political Body will telephone the telecommunications company(ies) involved, arrange for a cable
locator,and make arrangements for relocation or other protection of the fiber optic cable prior to beginning any work on
the Railroad's premises.
SECTION 9. INTERIM WARNING DEVICES
If at anytime it is determined by a competent authority, by the Political Body, or by agreement between the parties,
that new or improved train activated warning devices should be installed at the Crossing Area,the Political Body shall install
adequate temporary warning devices or signs and impose appropriate vehicular control measures to protect the motoring
public until the new or improved devices have been installed.
SECTION 10. OTHER RAILROADS
All protective and indemnifying provisions of this Agreement shall inure to the benefit of the Railroad and any other
railroad company lawfully using the Railroad's property or facilities.
SECTION 11. BOOKS AND RECORDS
The books, papers,records and accounts of Railroad,so far as they relate to the items of expense forthe materials to
be provided by Railroad under this Project,or are associated with the work to be performed by Railroad under this Project,shall
be open to inspection and audit at Railroad's offices in Omaha, Nebraska, during normal business hours by the agents and
authorized representatives of Political Body for a period of three (3) years following the date of Railroad's last billing sent to
Political Body.
SECTION 12. REMEDIES FOR BREACH OR NONUSE
A. If the Political Body shall fail, refuse or neglect to perform and abide by the terms of this Agreement,the Railroad,in
addition to any other rights and remedies, may perform any work which in the judgment of the Railroad is necessary to
place the Roadway and appurtenances in such condition as will not menace, endanger or interfere with the Railroad's
facilities or operations or jeopardize the Railroad's employees; and the Political Body will reimburse the Railroad for the
expenses thereof.
B. Nonuse by the Political Body of the Crossing Area for public highway purposes continuing at any time for a period of
eighteen (18) months shall, at the option of the Railroad, work a termination of this Agreement and of all rights of the
Political Body hereunder.
C. The Political Body will surrender peaceable possession of the Crossing Area and Roadway upon termination of this
Agreement. Termination of this Agreement shall not affect any rights, obligations or liabilities of the parties,accrued or
otherwise,which may have arisen prior to termination.
SECTION 13. MODIFICATION - ENTIRE AGREEMENT
No waiver, modification or amendment of this Agreement shall be of any force or effect unless made in writing,
General Terms&Conditions Page 6 of 7 Exhibit 6
UNION PACIFIC RAILROAD COMPANY
PUBLIC HIGHWAY AT-GRADE CROSSING(Improvement Agreement) BUILDING R
Form Approved,AVP-Law
signed by the Political Body and the Railroad and specifying with particularity the nature and extent o such waiver,
modification or amendment. Any waiver by the Railroad of any default by the Political Body shall not affect or impair any right
arising from any subsequent default. This Agreement and Exhibits attached hereto and made a part hereof constitute the
entire understanding between the Political Body and the Railroad and cancel and supersede any prior negotiations,
understandings or agreements, whether written or oral,with respect to the work or any part thereof.
General Terms&Conditions Page 7 of 7
Exhibit B
COPY
EXHIBIT C
To Public Highway At-Grade Crossing
Improvement Agreement
Cover Sheet for the
Railroad's Material & Force Account Estimate
i
DATE: CO1 • 05 4 �
ESTIMATE OF MA'T'ERIAL AND FORCE ACCOUNT WORK j
BY THE
UNION PACIFIC RAILROAD
THIS ESTIMATE GOOD FOR 6 MONTHS EXPIRATION DATE IS :2016-11-22 �
DESCRIPTION OF WORK:
INSTALL AUTOMATIC FLjASHING LIGHT CROSSING SIGNALS
WITH GATES AND EGMS SYSTEM AT ROUNDROCK, TX. ST. WILLIAMS
M.P. 162 .50 ON THE AUS'T'IN SUB. DOT #k439694X
WORK TO BE PERFORMED BY RAILROAD WITH EXPENSE AS BELOW:
SIGNAL/TRACK - CITY OF ROUNDROCK - 100%
ESTIMATED USING FEDERAL LABOR ADDITIVES WITH INDIRECT AND
OVERHEAD CONSTRUCTION COST'S-SIGNAL 190.39% & TRACK 234 .24%
PID: 90865 AWO: 29673 MP,SUBDIV: 162. 50, AUSTIN
SERVICE UNIT: 12 CITY: MCNEIL, STATE: TX
DESCRIPTION QTY UNIT LABOR MATERIAL RECOLL UPRR TOTAL
------------ --- ---- ----- -------- ------- ----- -----
ENGINEERING WORK
ENGINEERING 12035 12035 12035
LABOR ADDITIVE 1.90.39% 32026 32026 32026
SIG-HWY XNG 4821 4821 4821
------- ------ -------- -------- --------
TOTAL ENGINEERING 48882 48882 48882
SIGNAL WORK
ASPHALT/SAWCUT 10000 10000 10000
BILL PREP 900 900 900
CONTRACT 15534 15534 15534 j
ELMS SYSTEM 41890 41890 41890
LABOR ADDITIVE 190.39% 21.0843 210843 210843 f
MATL STORE EXPENSE 42 42 42
PERSONAL EXPENSES 49326 49326 49326
RCLW CONTRACT 16762 16762 16762
ROCK/GRAVEL/FILL 3000 3000 3000
SIGNAL 3.09842 155540 2.65382 265382 I
'T'RANSP/IB/OB/RCLW 11294 11294 11294
-- ---- - --
TOTAL SIGNAL, 321585 303386 624973 624973 '
TRACK & SURFACE WORK j
ENVIRONMENTAL PERMIT 10 10 10 I
FIELD WELD 451 451 451
LABOR ADDITIVE 234 .24% 13912 13912 13912
MATL STORE EXPENSE 467 467 467
OTM 8967 8828 17795 17795
WELD 38 532 570 570
------- -------- -------- -------- ------•----
TOTAL TRACK & SURFACE 23368 9837 33205 33205
I
------- --------
LABOR/MATERIAL, EXPENSE 393835 313225 -------- --------
RECOLLECTIBLE/UPRR EXPENSE 707060 0 --------
ESTIMATED PROJECT COST 707060 j
THE ABOVE FIGURES ARE ESTIMATES ONLY AND SUBJECT TO FLUCTUATION. IN THE EVENT OF
AN INCREASE OR DECREASE IN THE COST OR QUANTITY OF MATERIAL, OR LABOR REQUIRED,
UPRR WILL BILL FOR ACTUAL CONSTRUCTION COSTS AT THE CURRENT EFFECTIVE RATE,
PAGE 1 OF 1
FO_RTi 3 0-1 PAGE 01 MORE
WOR{ ORDER AUTHORIZATION-DET_k= OF ESTIMATz:D EXPENDITURES
PROJ NO: 90865
A.W.O. NO: 29673
W.O. NO:
RAILROAD: 'u??R CO. B.I. NO: 15-NID
LOCATION: AUSTIN SUB STATS: TX
BEPARTMENT: ENGTti EERING SERVICES S-E--�VICE UNIT: 12 VAT,, SSC: 4139
------------------------------------------------------------------------------------------------
INSTALL AUTOMATIC FZZ.SHING LIGHT CROSSrNG ST_GNALS
TAT=--H G.Y:ES AND ELMS SYSTEM AT ROUlD ROCK, TX. ST. W7-LLIAMS
M.P. 162.50 ON THE AUSTIN SUB. DOT #439694X
WORK TO BE 'PE_R.F'ORMED BY RAILROAD WI-TE EXPENSE AS BELOW-
SIGNAL/1-RACK - CITY OF ROUNDROCK - 100
CD
PAGE 1 GF 10
FORM 30-1 PAGE 04 MORE
WORK ORDER AUT::ORIZATION-DETAIL OF ESTI-MATED EXPENDITURES
PROJ NO: 90865
A.W.O. NO: 29673
W.O. NO:
RAILROAD: UPR.�2 CO. B.I. NO: 15EN10
LOCATION: AUSTIN SUB STATE: TX
DEPARTY=: ENGINEERING SERVICES VAL S=C: 4139
------------------------------------------------------------------------------------------------
------------------------- STOCK A7AT?RIAI, PLAN
--------------------------
.ITEM ITED4 UNIT DIRECT
NUMBER DESCRIPTION COST QTY .1m MATL S
-------- -------------------------------- ---------- ------ -- -------
02040540 BATTERY,GN3, 50G19, 472 AH. 260_26 14 EA 3644
02040660 BATTERY,G27B, SOG27, 630 AH. 342_33 12 EA 4108
09010870 CABLE SPLICING KIT, N-3 66.60 i9 EA 1199
0901=240 CABLE TIE, NYLON 1 1/8" MAX. DIA. 0_02 400 EA 8
09011980 CABLE TIE, NYLON 3 1/2" MAX. AIA. 0_18 40 EA 7
09014950 CIRCv-T BRCR,120/240V 20A 2 POLE 14.65 2 EA 29
09015270 CIRCUIT BREAKER, 120V/240V 20A AC 6.46 2 EA 13
09034550 TAPE, ELECTRICAL BLACK(THE GOOD S 4_37 4 RL 17
09042920 LED POWER OFF INDICATOR/STROEE 131.96 2 EA 20'4
09054360 P=LAY, GE-V.PURPOSE 120V. TAB 856 9.01 2 EA 18
09057650 SOCKE:,P-B 27E122 TAB 836A & 856 2.48 2 EA 5
09066900 Tz-RMn AL,SPADE,10-12 WIRE,#8 STUD 0.17 20 EA 3
09137100 TE-RM-LUG 3/16 CABLE-1/4 POST 2412 0.55 40 EA 22
09215100 33466 TERMINAL',, RING TONGUE AMP 0.19 8B EA 17
09224750 216-107 TER2M- ZNAL,FERRULE,FOR r10 0.05 40 EA 2
09224800 216-104 TERM2NAIL, FERREM ., 'A 0.02 100 EA 2
09260350 TERMLENAL,#16-14 '-.`8 SPADE 0-08 70 EA 6
09261420 321524-1 TER1,111STAL, 2ST 16-22 A 1.85 8 EA 15
09261570 321527-1 TERMINAL, TEST 2.19 30 EA 66
09844.170 GROUND ROD, 5/8 INC= X 8 FEET 9.13 19 FA 173
09846750 G_ZND.ROD CONN. 4k*AY ONESHOT. 6.17 19 EA li7
09904000 WIRE, #2 AP7G 3 COND 300 FT.SPOOL 5.23 600 L. 3138
C9908640 Th_RE,#6 A47G.1 COND.COPPER,SOLID 1.21 475 LF S5
09912200 WIRE n6 AWG 2 CND 5001ROLL SHIELD 1.93 1000 L? 1930
09913200 W-ZRE,Y6, 5 COND 5001ROLL SHIELDED 3.66 1000 LF 3660
09915610 WIRE, #6 NWG 1 CONZD COPPER,BLK,STR 0.77 340 LF 262
0993OSSO WIRE #10 AkTG 1 COND COPPER, STRAN 0.24 3200 LF 768
09932310 T9--RE -10 ATr7G 1 COND COPPER,T'+QSTPR
0-55 1060 L= 583
09946070 WIRE n14 7 COND 1000 ROLL SHIELDE 1.60 4000 LF 6400
09946100 Ti7IRE •7:14, 7 CND 500' ROLL SEIET..,DE 1.64 1000 LF 1640
09946730 PT--'RE #14 AWG 12 CORD SHIELDED 2.47 3ObO LF 7410
09960090 WIRE #16 AWG i CODM. COPPER, STRAN 0.11 1300 LF 143
09976180 WIRE,#22,TW.PR. BELD-EV 8761 0.17 40 LF 7
13547870 SHEET METAL SCREW, 410 X 1 INC%
.1 3.63 2 BX 7
13552450 SHEET METAL SC_R W,nl2 X 3/4" 2.11 4 BX e
13553150 S_HET METAL SCREW n12 X 1" 4.34 4 EX 17
17061400 P_a,DLOC<,SIG\AL,WIT?OU-I KEY,AMERIC 15.65 21 EA 329
17061540 PADILOC<, SIG_-VAL ,MAXIMUM SECURITY 18.53 2 EA 37
26175800 CROSSING CUTOVER PROCEDURES FORMS 2.69 2 EA S CD 26175810 CROSSING CUN.
CUTOVER PROCEDURES ANUA 6.85 2 EA 14
PAGE 4 OF 10
FORM 30-1 PAGE 05 MORE
WOR:{ ORDER AU_HORIZATICN-DETAIL OF ESTIMATED EXPEND- ITURES
PROD NO: 90865
A.W_O. NO: 29673
RAILROAD: UPRR W.O. NO:CO. B_I. NO: 15EN10
LOCATION: AUSTIN SUB STATE: TX
DEPARTMEtii: ENGINEERING SERVICES VAL SEC: 4139
------------------------------------------------------------------------------------------------
33013860 OAR-VM, TREATED PLUM3ER SPUN 11.01 20 LB 220
35040020 PLASTER OF PARIS, -DAP 10308 3.66 4 BY. 15
39313540 SIGN, EMERGENCY NUMBER SIGN BRACK 12.81 4 EA 51
39313560 SIGN, "ENr'RGENCX PHONE NumBDER 7.83 4 EA 31
39340220 SIGN, HIGIDIAY CROSSING,STANDARD 68.81 4 EA 275
39375100 SIGN POST, STEEL 9 FT GAI;-T=ZED 19.43 10 EA 194
41238060 ADHESIVE, STRUCTURAL, M1. 10.1 OZ 10.40 4 EA 42
52000920 SURGE PROTECTOR SP19-2A TAB 586 61.83. 4 EA 247
52001370 SURGE PROTECTOR SP20-2A TAB 585 85.61 4 E.A 342
52003630 POWER CABLE, CABIN TO GRVERATOR - 80.49 2 EA 161
52005640 TRACK CLRCUIT,EC-5,PTC 7ABL 5378.80 2 EA :0758
52005690 BOND .WIRE,7 STRANDS 500 LF. ROLL 1.03 200 LF 206
52005700 BOND Wl--RE,7 STRANDS 100 LF. ROLL 1.09 550 LF 600
52016830 TrTIRE DUCT, 2X3 8.70 24 EA 209
52016940 WIRE DUCT, 3X3 10.24 10 EA 102
52017510 WIRE DUCT' COVER 2"X6' 1.92 24 EA 46
52017620 TATIRE DUCT COVER 3"X6' 2.79 10 EA 28
$2019530 ENCLOSURE,S-HUNT,POLE MOUVTED.24X2 265.84 5 SA 1329
52021550 FOUNDATION,4' ,STEEL,FOR FLSRR/GAT 371.75 4 EA 1487
52025230 HOUSE, INSTRUYT 8X10X8110"HIGH 10097.56 1 BA 10098
52025270 HOUSE, 6X6, W/TIB, W/CLI=MATE CONT 6818.87 1 1A. 6819
52027350 CLIP BOARD - FOR SIGNAL PRINTS 8.03 2 EA 16
52027430 STEP BOX 23.09 2 EA 46
52030010 LIGHTNT ING ARlZESTOR CONN.STRIP 10.97 8 EA 88
52039210 RCTIFIER,20EC,12V.TAB575 292.04 2 EA 584
52039390 RECTIFIER, 40EC, 12V. TAB577 406.80 2 EA 814
52042980 .FLASHER X-ARM COVER PLATE 5.95 4 EA 24
52068650 7ERINFIN_3L, #6 - S WLRE - P--NG TYPE 0.16 110 EA 18
52070010 ;ERMIIvFS,,#,`12-10 WIRE,RING TONGUE 0.24 600 EA 144
52071600 TE_RMINAL,#120-16 WIRE,RIING TONGUE 0.13 300 EA 39
52072280 TERMINAL BLOCK, SIGNAL 2 POST BAK 4.99 66 EA 329
52072740 TERMINI.., BLOCK,SIGNAL 12 POST -6 UN 16.63 2 EA 33
52072960 TERMINAL STRIP, SIGNAL 12 POST 15.84 24 EA 380
52074570 TEST LINK, 1" CEL`°TER TO CENTER 1.53 8 EA 12
52074580 TEST LINK. 2-3/8" CHER TO C'VTE 1.89 2 FA 4
52076930 TRAFFIC INTERCONNECT BOX ,��8010012 265.00 1 EA 265
52079550 WIRE TAG, PLASTIC - WHITE 0.28 200 EA 56
52079560 MARKING PEN(FOR WHITE TAG) 1.97 2 £A 4
52108320 F'LA.SHER&GATE,QUAD EXIT 1WAY BACK 7192.07 2 E_x. 14384
52/08370 FLSR & GATE,QUAD ENTRNCE, 2 WAY L 690-.99 2 EA 13804
52109370 GATE ARM, ADJ.16-32' 422.09 4- EA 1688
52136380 S_EJR BOLT,74GS2W-1,NEG 5.48 4 E?> 22
52136480 S iF-ZR PL.ti,74GS2W-2,NEG 4-74 4 BA 19
52145130 C?0SSING GATE ALIGNN.ENT ARROWS 1.10 4 PK 4
52200300 EVENT AnIALYZz2 RECORDER (SEARIII) 1886.40 1 EA 1886 CD 52207150 GP.D XING P_RED=CTP. GCP 4000 6T:{.MA 14536.50 1 EA 14537
-- _ ?AG£ 5 OF 10
FORM 30-1 PAGE 06 MORE
WORK ORDER. AUTHORIZAT_TON-DETAIL OF ESTIMATED EXPENDITURES
PROJ NO: 90865
A.W_O. NO: 29673
RAILW.O_ NO:ROAD: UPRR CO_ B.I. NO: 15'X10
LOCATION: AIISTIN SUB STATE: TX
DEP.AP,T ENT: ENG-u4ZERING SERVICES VAL SEC: 4139
------------------------------------------------------------------------------------------------
52233760 COU-nLER,BI.D-�R.62664-430&Z TAB627 933.45 1 EA 933
52245100 RELAY I\TPU /OUTPL�. (RIO) MODULE 943.44 4 EA 3774
52258590 NBS, TAB 641, 62775-1543 397.19 2 EA 794
52258980 NBS, TAB 640, 62775-8621 513.46 3 EA 2.540
52263600 SURGE ARRESTOR,lSTER LOOP_ 38.03 2 EA 76
52263690 SURGE PANEL - TAB 619 123.14 2 EA 246
52264040 SURGE PANEL - TAB 618 184.97 2 EA 370
52264500 TRACK FILTER - TF 86 226,65 2 3A 453
52264560 TRACK FILTER - TF 1S6 226_663 1 .^A 227
52267200 T-RANSCEIVE_R MODULE_ FOR GCP 4000 2709.77 4 ak 10839
52276150 SS XING CON=O-,LER MODULE FOR GCP 1534_00 4 FA 66136
52728800 RELAY,, TAB 911, 31LC, A62-310 425.39 2 EA 851
52745830 RELAY, TAB 884, NIBUTPAL, A62-277 403.15 12 EA 4838
52773800 RELAY BRACKET-HOLDS 2 Bl RELAYS. 81.98 2 EA 164
52776370 RELAY PLUG30ARD,GRS B1,TAB 900 30.53 14 2-JA 427
52777970 FLAG TERMINAL, FOR GFS, 14-10 2.43 235 =-A $71
52778110 FLAG TERMINAL, FOR GRS, 20-16 1.41 235 3A 331
52779280 RELAY TEST TEP-M,GRS Bl 6.39 14 EA 89
53311590 EXTRACTOR FOR "B"TERMINALS P3-308 9.25 3 EA 28
53311510 TEST NUT WRENCH. GRS TP3-320 33.14 3 EA 99
53648010 INSULATING CAP & SHIELD ASSY. 2.72 16 EA 44
537833630 UN451552-0101 ARRESTER, LOW VO!;r:A 12.82 46 EA 590
53792820 U`'551552-0201 =.IGH-LING ARI 11.15 141 EA 1572
53903560 EPD 120/240FL SURGE PROTECTOR 292.70 2 EA 585
53954500 180429-000 BOOTLEG KIT 55.51 15 E.'A 833
55016500 RAIL ANCHOR 6" BASE UNIT 1.26 960 EA 1210
55255300 FIELD WELD KIT, 136'r'ii O1VE SHOT 60.50 8 EA 484
55264570 PACKING SAND, PRE-MIXED (PER SACC 27.61 1 CA 44
55264930 REFRACTORY PASTE 1.96 2 EA 4
55322340 INS NT 136# 26'6" C---N7_E.3,LTNER 3U 1904.84 4 EA 7619
'TOTAT, 164,899
CD
--.T_..---.-- PAGE 6 OF 10,
--------------------------------------------------------------------------------------
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TO HEARNE— I
I
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I
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L---------------------------------------------------------------------------------------------------------------. I
COPY
EXHIBIT D
To Public Highway At-Grade Crossing
Improvement Agreement
Cover Sheet for the
Railroad's Form of
Contractor's Right of Entry Agreement
UNION PACIFIC RAILROAD COMPANY AWOL
CRCE(TEXAS CITIES/COUNTIES) BUILDIN A nA
Form Approved:AVP Law 03/01/2013
UPRR Folder No._2984-59
(Folder Numbei)
UPRR Audit No.:
(Audit Numbei)
CONTRACTOR'S RIGHT OF ENTRY
AGREEMENT
(TEXAS CITIES/COUNTIES)
THIS AGREEMENT is made and entered into as of the day of ,
20 , by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation
("Railroad"); and
(NAME OF CONTRACTOR)
a corporation ("Contractor").
(Corporate Status)
RECITALS:
Contractor has been hired by
(Naine of Public Agency)
("Public Agency") to perform work relating to
(Work to be Performed)
(the "work"), with all or a portion of such work to be performed on property of Railroad in the
vicinity of Railroad Mile Post on Railroad's ,
(Mile Post) (Nmne of Subdivision)
DOT No. , located at or near ,in County,
(DOT Number) (City) (County)
State of ,as such location is in the general location shown on the Railroad Location
(State)
Print marked Exhibit A, and as detailed on the Detailed Prints collectively marked Exhibit A-1,
each attached hereto and hereby made a part hereof, which work is the subject of a contract dated
between Railroad and the Public Agency.
(Date of C&MAgreement)
Railroad is willing to permit Contractor to perform the work described above at the location
described above subject to the terms and conditions contained in this Agreement
AGREEMENT:
NOW, THEREFORE, it is mutually agreed by and between Railroad and Contractor, as
follows:
File Reference Articles of Agreement Exhibit B
Page 1 of 4
UNION PACIFIC RAILROAD COMPANY
CROE(TEXAS CITIES/COUNTIES) BUILDIN A CA 410 ff25'V
Form Approved:AVP Law 03/01/2013
ARTICLE 1 - DEFINITION OF CONTRACTOR.
For purposes of this Agreement, all references in this agreement to Contractor shall include
Contractor's contractors,subcontractors,officers,agents and employees,and others acting under its
or their authority.
ARTICLE 2 - RIGHT GRANTED; PURPOSE.
Railroad hereby grants to 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 for the purpose of
performing any work described in the Recitals above. The right herein granted to Contractor is
limited to those portions of Railroad's property specifically described herein,or as designated by the
Railroad Representative named in Article 4.
ARTICLE 3 - TERMS AND CONDITIONS CONTAINED IN EXHIBITS B, C AND D.
The Terms and Conditions contained in Exhibit B,the Insurance Requirements contained in
Exhibit C and the Minimum Safety Requirements contained in Exhibit D,each attached hereto,are
hereby made a part of this Agreement.
ARTICLE 4 - ALL EXPENSES TO BE BORNE BY CONTRACTOR; RAILROAD
REPRESENTATIVE.
A. Contractor shall bear any and all costs and expenses associated with any work performed by
Contractor, or any costs or expenses incurred by Railroad relating to this Agreement.
B. Contractor shall coordinate all of its work with the following Railroad representative or his or her
duly authorized representative (the "Railroad Representative"):
Name&Address of MTM Name&Address of MSM
C. Contractor,at its own expense,shall adequately police and supervise all work to be performed by
Contractor and shall ensure that such work is performed in a safe manner as set forth in Section 7
of Exhibit B. The responsibility of Contractor for safe conduct and adequate policing and
supervision of Contractor's work shall not be lessened or otherwise affected by Railroad's
approval of plans and specifications involving the work, or by Railroad's collaboration in
performance of any work,or by the presence at the work site of a Railroad Representative,or by
compliance by Contractor with any requests or recommendations made by Railroad
Representative.
ARTICLE 5 - TERM; TERMINATION.
A. The grant of right herein made to Contractor shall commence on the date of this Agreement,and
continue until ,unless sooner terminated as herein provided,or
(Expiration Date)
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's property.
File Reference Articles of Agreement
Page 2of4 Exhibit B
UNION PACIFIC RAILROAD COMPANY
CROE(TEXAS CITIES/COUNTIES) BUILDINCPFn
Form Approved:AVP Law 03/01/2013
B. This Agreement maybe terminated by either party on ten (10) days written notice to the other
party.
ARTICLE 6 - CERTIFICATE OF INSURANCE.
A. Before commencing any work, Contractor will provide Railroad with (i)the insurance binders,
policies, certificates and endorsements set forth in Exhibit C of this Agreement, and (ii) the
insurance endorsements obtained by each subcontractor as required under Section 12 of Exhibit
B of this Agreement.
B. All insurance correspondence,binders,policies,certificates and/or endorsements shall be sent to:
Union Pacific Railroad Company
1400 Douglas Sheet, MS 1690
Omaha, NE 68179-1690
UPRR Folder No.
(Folder Number)
ARTICLE 7 - DISMISSAL OF CONTRACTOR'S EMPLOYEE.
At the request of Railroad,Contractor shall remove from Railroad's property any employee of
Contractor who fails to conform to the instructions ofthe Railroad Representative in connection with
the work on Railroad's property, and any right of Contractor shall be suspended until such removal
has occurred. Contractor shall indemnify Railroad against any claims arising from the removal of
any such employee from Railroad's property.
ARTICLE 8 - CROSSINGS.
No additional vehicular crossings (including temporary haul roads)or pedestrian crossings
over Railroad's trackage shall be instal led or used by Contractor without the prior written permission
of Railroad.
ARTICLE 9 - EXPLOSIVES.
Explosives or other highly flammable substances shall not be stored on Railroad's property
without the prior written approval of Railroad.
ARTICLE 10 - CROSSINGS; COMPLIANCE WITH MUTCD AND FRA GUIDELINES.
A. No additional vehicular crossings(including temporary haul roads)or pedestrian crossings over
Railroad's trackage shall be installed or used by Contractor without the prior written permission
of Railroad.
B. Any permanent or temporary changes, including temporary traffic control, to crossings must
conform to the Manual of Uniform Traffic Control Devices (MUTCD) and any applicable
Federal Railroad Administration rules, regulations and guidelines,and must be reviewed by the
Railroad prior to any changes being implemented. In the event the Railroad is found to be out of
compliance with federal safety regulations due to the Contractor's modifications,negligence, or
any other reason arising from the Contractor's presence on the Railroad's property, the
File Reference Articles of Agreement Exhibit B
Page 3 of 4
UNION PACIFIC RAILROAD COMPANY
CROE(TEXAS CITIES/COUNTIES) BUILDINCfMn
Form Approved:AVP Law 03/01/2013
Contractor agrees to assume liability for any civil penalties imposed upon the Railroad for such
noncompliance.
IN WITNESS WHEREOF, the parties hereto have duly executed this agreement in
duplicate as of the date first herein written.
UNION PACIFIC RAILROAD COMPANY
(Federal Tax ID No. 94-6001323)
Signed By:
KATHY NESSER
Manager Real Estate
(Name of Contractor)
Signed By:
Printed Name:
Title:
File Reference Articles of Agreement Exhibit B
Page 4 of 4
UNION PACIFIC RAILROAD COMPANY
CROE(TEXAS CITIES/COUNTIES) BUILDIN A R A; umm
Standard Form Approved,AVP-Law:03/01/13
kI.J u I y
EXHIBITS A & A-1
TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT
Shall be the Railroad Location Print& Detailed Prints
Railroad Location&Detailed Prints Page 1 of 1
Exhibits A &A-1
N
`
W ^E EXHIBIT "A"
��
T RAILROAD LOCATION PRINT
S FOR AN EXISTING AT GRADE
PUBLIC ROAD CROSSING AGREEMENT
� 1
A %—
DOT
DOT No.439694X
M.P. 162.5 Austin Subdivision
Round Rock,Williamson County, TX
azo
At Grade Public Road Crossing. "F'6�;
,00
L 4 *t
UNION PACIFIC RAILROAD COMPANY
AUSTIN SUBDIVISION
RAILROAD MILE POST 162.5
ROUND ROCK,WILLIAMSON COUNTY,TEXAS
To accompany an agreement with
THE CITY OF ROUND ROCK AND ITS CONTRACTOR
covering an At Grade Public Road Crossing.
Folder No.2984-59 Date:April 11,2016
WARNING
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
Exhibit A
Railroad Location Print
UNION PACIFIC RAILROAD COMPANY
CROE(TEXAS CITIES/COUNTIES) BUILDIN AA
Standard Form Approved,AVP-Law:03/01/13
ury
EXHIBIT B
TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT
GENERAL TERMS AND CONDITIONS
Section 1. NOTICE OF COMMENCEMENT OF WORK-FLAGGING.
A. Contractor agrees to notify the Railroad Representative at least thirty (30) working days in advance of Contractor
commencing its work and at least ten(10)working days in advance of proposed performance of anywork byContractor in
which any person or equipment will be within twenty-five(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 twenty-five(25)feet of any track. No
work of any kind shall be performed,and no person,equipment,machinery,tool(s),material(s),vehicle(s),orthing(s)shall
be located,operated,placed,or stored within twenty-five(25)feet of any of Railroad's track(s)at any time,for any reason,
unless and until a Railroad flagman is provided to watch for trains. Upon receipt of such thirty(30)-day notice,the Railroad
Representative will determine and inform Contractor whether a flagman need be present and whether Contractor needs to
implement any special protective or safety measures. If flagging or other special protective or safety measures are
performed by Railroad, Railroad will bill Contractor for such expenses incurred by Railroad, unless Railroad and a federal,
state or local governmental entity have agreed that Railroad is to bill such expenses to the federal, state or local
governmental entity. If Railroad will be sending the bills to Contractor, Contractor shall pay such bills within thirty(30)days
of Contractor's receipt of billing. If Railroad performs any flagging, or other special protective or safety measures are
performed by Railroad,Contractor agrees that Contractor is not relieved of any of its responsibilities or liabilities set forth in
this Agreement.
B. The rate of pay per hour for each flagman will be the prevailing hourly rate in effect for an eight-hour day for the class of
flagmen used during regularly assigned hours and overtime in accordance with Labor Agreements and Schedules in effect
at the time the work is performed. In addition to the cost of such labor, a composite charge for vacation, holiday, health
and welfare, supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension,
Employees Liability and Property Damage and Administration will be included,computed on actual payroll. The composite
charge will be the prevailing composite charge in effect at the time the work is performed. One and one-half times the
current hourly rate is paid for overtime, Saturdays and Sundays, and two and one-half times current hourly rate for
holidays. Wage rates are subject to change,at any time, by law or by agreement between Railroad and its employees,and
may be retroactive as a result of negotiations or a ruling of an authorized governmental agency. Additional charges on
labor are also subject to change. If the wage rate or additional charges are changed, Contractor(or the governmental
entity, as applicable) shall pay on the basis of the new rates and charges.
C. Reimbursement to Railroad will be required covering the full eight-hour day during which any flagman is furnished,unless
the flagman can be assigned to other Railroad work during a portion of such day,in which event reimbursement will not be
required for the portion of the day during which the flagman is engaged in other Railroad work. Reimbursement will also be
required for any day not actually worked by the flagman following the flagman's assignment to work on the project for which
Railroad is required to pay the flagman and which could not reasonably be avoided by Railroad by assignment of such
flagman to other work, even though Contractor may not be working during such time. When it becomes necessary for
Railroad to bulletin and assign an employee to a flagging position in compliance with union collective bargaining
agreements, Contractor must provide Railroad a minimum of thirty(30)days notice prior to the cessation of the need for a
flagman. If thirty(30)days notice of cessation is not given, Contractor will still be required to pay flagging charges for the
thirty(30)day notice period required by union agreement to be given to the employee,even though flagging is not required
for that period. An additional ten(10)days notice must then be given to Railroad if flagging services are needed again after
such five day cessation notice has been given to Railroad.
Section 2. 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 the Railroad to use
and maintain its entire property including the right and power of Railroad to construct,maintain,repair,renew,use,operate,
change, modify or relocate railroad tracks, roadways,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 Railroad without liability to Contractor or to any other party for compensation or damages.
General Terms&Conditions Page 1 of 4 Exhibit B
UNION PACIFIC RAILROAD COMPANY
CROE(TEXAS CITIES/COUNTIES) BUILDIN A RA
Standard Form Approved,AVP-Law:03/01/13
- UU1 y
B. The foregoing grant is also subject to all outstanding superior rights(including those in favor of licensees and lessees of
Railroad's property, and others)and the right of Railroad to renew and extend the same, and is made without covenant of
title or for quiet enjoyment.
Section 3. NO INTERFERENCE WITH OPERATIONS OF RAILROAD AND ITS TENANTS.
A. Contractor shall conduct its operations so as not to interfere with the continuous and uninterrupted use and operation of the
railroad tracks and property of Railroad, including without limitation, the operations of Railroad's lessees, licensees or
others, unless specifically authorized in advance by the Railroad Representative. Nothing shall be done or permitted to be
done by Contractor at any time that would in any manner impair the safety of such operations. When not in use,
Contractor's machinery and materials shall be kept at least fifty(50)feet from the centerline of Railroad's nearest track,and
there shall be no vehicular crossings of Railroads tracks except at existing open public crossings.
B. Operations of Railroad and work performed by Railroad personnel and delays in the work to be performed by Contractor
caused by such railroad operations and work are expected by Contractor,and Contractor agrees that Railroad shall have
no liability to Contractor, or any other person or entity for any such delays. The Contractor shall coordinate its activities with
those of Railroad and third parties so as to avoid interference with railroad operations. The safe operation of Railroad train
movements and other activities by Railroad takes precedence over any work to be performed by Contractor.
Section 4. LIENS.
Contractor shall pay in full all persons who perform labor or provide materials for the work to be performed by Contractor.
Contractor shall not create, permit or suffer any mechanic's or materialmen's liens of any kind or nature to be created or
enforced against any property of Railroad for any such work performed. CONTRACTOR SHALL INDEMNIFY AND HOLD
HARMLESS 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 FURNISHED. IF CONTRACTOR FAILS TO PROMPTLY CAUSE ANY LIEN TO BE
RELEASED OF RECORD, RAILROAD MAY, AT ITS ELECTION, DISCHARGE THE LIEN OR CLAIM OF LIEN AT
CONTRACTOR'S EXPENSE.
Section 5. PROTECTION OF FIBER OPTIC CABLE SYSTEMS.
A. Fiber optic cable systems may be buried on Railroad's property. Protection of the fiber optic cable systems is of extreme
importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits.
Contractor shall telephone Railroad during normal business hours(7:00 a.m.to 9:00 p.m.Central Time,Monday through
Friday, except holidays)at 1-800-336-9193(also a 24-hour,7-day number for emergency calls)to determine if fiber optic
cable is buried anywhere on Railroad's property to be used by Contractor. If it is, Contractor will telephone the
telecommunications company(ies) involved, make arrangements for a cable locator and, if applicable, for relocation or
other protection of the fiber optic cable. Contractor shall not commence any work until all such protection or relocation(if
applicable) has been accomplished.
B. IN ADDITION TO OTHER INDEMNITY PROVISIONS IN THIS AGREEMENT, CONTRACTOR SHALL INDEMNIFY,
DEFEND AND HOLD RAILROAD HARMLESS FROM AND AGAINST ALL COSTS, LIABILITY AND EXPENSE
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES, COURT COSTS AND EXPENSES)
ARISING OUT OF ANY ACT OR OMISSION OF CONTRACTOR,ITS AGENTS AND/OR EMPLOYEES,THAT CAUSES
OR CONTRIBUTES TO(1)ANY DAMAGE TO OR DESTRUCTION OF ANY TELECOMMUNICATIONS SYSTEM ON
RAILROAD'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 RAILROAD'S PROPERTY. CONTRACTOR SHALL NOT HAVE OR SEEK RECOURSE AGAINST
RAILROAD 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
RAILROAD'S PROPERTY OR A CUSTOMER OR USER OF SERVICES OF THE FIBER OPTIC CABLE ON
RAILROAD'S PROPERTY.
General Terms&Conditions Page 2 of 4 Exhibit B
UNION PACIFIC RAILROAD COMPANY
CROE(TEXAS CITIES/COUNTIES) BUILDIN ray
Standard Form Approved,AVP-Law:03/01/13
Section 6. PERMITS-COMPLIANCE WITH LAWS. uur
In the prosecution of the work covered by this Agreement, Contractor shall secure any and all necessary permits and shall
comply with all applicable federal, state and local laws, regulations and enactments affecting the work including, without
limitation, all applicable Federal Railroad Administration regulations.
Section 7. SAFETY.
A. Safety of personnel, property, rail operations and the public is of paramount importance in the prosecution of the work
performed by Contractor. Contractor shall be responsible for initiating, maintaining and supervising all safety,operations
and programs in connection with the work. Contractor shall at a minimum comply with Railroad's safety standards listed in
Exhibit D, hereto attached,to ensure uniformity with the safety standards followed by Railroad's own forces. As a part of
Contractor's safety responsibilities, Contractor shall notify Railroad if Contractor determines that any of Railroad's safety
standards are contrary to good safety practices. Contractor shall furnish copies of Exhibit D to each of its employees
before they enter the job site.
B. Without limitation of the provisions of paragraph A above, 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.
C. Contractor shall have proper first aid supplies available on the job site so that prompt first aid services may be provided to
any person injured on the job site. Contractor shall promptly notify Railroad of any U.S. Occupational Safety and Health
Administration reportable injuries. Contractor shall have a nondelegable duty to control its employees while they are on the
job site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their
possession any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.
D. If and when requested by Railroad, Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the
work (the "Safety Plan"). Railroad shall have the right, but not the obligation, to require Contractor to correct any
deficiencies in the Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this
Agreement and the Safety Plan.
Section 8. INDEMNITY.
A. TO THE EXTENT NOT PROHIBITED BY APPLICABLE STATUTE,CONTRACTOR SHALL INDEMNIFY,DEFEND AND
HOLD HARMLESS RAILROAD, ITS AFFILIATES, AND ITS AND THEIR OFFICERS, AGENTS AND EMPLOYEES
("INDEMNIFIED PARTIES") FROM AND AGAINST ANY AND ALL LOSS, DAMAGE, INJURY, LIABILITY, CLAIM,
DEMAND, COST OR EXPENSE (INCLUDING, WITHOUT LIMITATION, ATTORNEY'S, CONSULTANT'S AND
EXPERT'S FEES, AND COURT COSTS), FINE OR PENALTY (COLLECTIVELY, "LOSS") INCURRED BY ANY
PERSON(INCLUDING,WITHOUT LIMITATION,ANY INDEMNIFIED PARTY,CONTRACTOR,OR ANY EMPLOYEE OF
CONTRACTOR OR OF ANY INDEMNIFIED PARTY)ARISING OUT OF OR IN ANY MANNER CONNECTED WITH (1)
ANY WORK PERFORMED BY CONTRACTOR,OR(II)ANY ACT OR OMISSION OF CONTRACTOR,ITS OFFICERS,
AGENTS OR EMPLOYEES, OR(III)ANY BREACH OF THIS AGREEMENT BY CONTRACTOR.
B. THE RIGHT TO INDEMNITY UNDER THIS SECTION 8 SHALL ACCRUE UPON OCCURRENCE OF THE EVENT
GIVING RISE TO THE LOSS,AND SHALL APPLY REGARDLESS OF ANY NEGLIGENCE OR STRICT LIABILITY OF
ANY INDEMNIFIED PARTY, EXCEPT WHERE THE LOSS IS CAUSED BY THE SOLE ACTIVE NEGLIGENCE OF AN
INDEMNIFIED PARTY AS ESTABLISHED BY THE FINAL JUDGMENT OF A COURT OF COMPETENT
JURISDICTION. THE SOLE ACTIVE NEGLIGENCE OF ANY INDEMNIFIED PARTY SHALL NOT BAR THE
RECOVERY OF ANY OTHER INDEMNIFIED PARTY.
C. CONTRACTOR EXPRESSLY AND SPECIFICALLY ASSUMES POTENTIAL LIABILITY UNDER THIS SECTION 8 FOR
CLAIMS OR ACTIONS BROUGHT BY CONTRACTOR'S OWN EMPLOYEES. CONTRACTOR WAIVES ANY
IMMUNITY IT MAY HAVE UNDER WORKER'S COMPENSATION OR INDUSTRIAL INSURANCE ACTS TO
INDEMNIFY RAILROAD UNDER THIS SECTION 8. CONTRACTOR ACKNOWLEDGES THAT THIS WAIVER WAS
MUTUALLY NEGOTIATED BY THE PARTIES HERETO.
D. NO COURT OR JURY FINDINGS IN ANY EMPLOYEE'S SUIT PURSUANT TO ANY WORKER'S COMPENSATION
ACT OR THE FEDERAL EMPLOYERS'LIABILITY ACT AGAINST A PARTY TO THIS AGREEMENT MAY BE RELIED
General Terms&Conditions Page 3 of 4 Exhibit B
UNION PACIFIC RAILROAD COMPANY
CROE(TEXAS CITIES/COUNTIES) BUILDING(
Standard Form Approved,AVP-Law:03/01/13 k'X OPY
UPON OR USED BY CONTRACTOR IN ANY ATTEMPT TO ASSERT LIABILITY AGAINST RAILRO
E. THE PROVISIONS OF THIS SECTION 8 SHALL SURVIVE THE COMPLETION OF ANY WORK PERFORMED BY
CONTRACTOR OR THE TERMINATION OR EXPIRATION OF THIS AGREEMENT. IN NO EVENT SHALL THIS
SECTION 8 OR ANY OTHER PROVISION OF THIS AGREEMENT BE DEEMED TO LIMIT ANY LIABILITY
CONTRACTOR MAY HAVE TO ANY INDEMNIFIED PARTY BY STATUTE OR UNDER COMMON LAW.
Section 9. RESTORATION OF PROPERTY.
In the event Railroad authorizes Contractor to take down any fence of Railroad or in any manner move or disturb any of the
other property of Railroad in connection with the work to be performed by Contractor, then in that event Contractor shall, as
soon as possible and at Contractor's sole expense, restore such fence and 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. Contractor shall remove all of
Contractor's tools, equipment, rubbish and other materials from Railroad's property promptly upon completion of the work,
restoring Railroad's property to the same state and condition as when Contractor entered thereon.
Section 10.WAIVER OF DEFAULT.
Waiver by Railroad of any breach or default of any condition,covenant or agreement herein contained to be kept,observed
and performed by Contractor shall in no way im pair the right of Railroad to avail itself of any remedy for any subsequent breach
or default.
Section 11.MODIFICATION - ENTIRE AGREEMENT.
No modification of this Agreement shall be effective unless made in writing and signed by Contractor and Railroad.This
Agreement and the exhibits attached hereto and made a part hereof constitute the entire understanding between Contractor
and Railroad and cancel and supersede any prior negotiations, understandings or agreements,whether written or oral,with
respect to the work to be performed by Contractor.
Section 12.ASSIGNMENT-SUBCONTRACTING.
Contractor shall not assign or subcontract this Agreement, or any interest therein, without the written consent of the
Railroad. Contractor shall be responsible for the acts and omissions of all subcontractors. Before Contractor commences any
work, the Contractor shall, except to the extent prohibited by law; (1) require each of its subcontractors to include the
Contractor as"Additional Insured"in the subcontractor's Commercial General Liability policy and Business Automobile policies
with respect to all liabilities arising out of the subcontractor's performance of work on behalf of the Contractor by endorsing
these policies with ISO Additional Insured Endorsements CG 20 26, and CA 20 48 (or substitute forms providing equivalent
coverage; (2)require each of its subcontractors to endorse their Commercial General Liability Policy with"Contractual Liability
Railroads"ISO Form CG 24 17 10 01 (or a substitute form providing equivalent coverage)for thejob site;and(3)require each
of its subcontractors to endorse their Business Automobile Policy with"Coverage For Certain Operations In Connection With
Railroads" ISO Form CA 20 70 10 01 (or a substitute form providing equivalent coverage)for the job site.
General Terms&Conditions Page 4 of 4 Exhibit B
UNION PACIFIC RAILROAD COMPANY
CROE(TEXAS CITIES/COUNTIES) BUILDIN R A
Standard Form Approved,AVP-Law:03/01/13
EXHIBIT C
TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT
INSURANCE REQUIREMENTS
Contractor shall, at its sole cost and expense, procure and maintain during the course of the Project and until all Project
work on Railroad's property has been completed and the Contractor has removed all equipment and materials from Railroad's
property and has cleaned and restored Railroad's property to Railroad's satisfaction, the following insurance coverage:
A. COMMERCIAL GENERAL LIABILITY INSURANCE. Commercial general liability (CGL) with a limit of not less than
$2,000,000 each occurrence and an aggregate limit of not less than$4,000,000. CGL insurance must be written on ISO
occurrence form CG 00 01 12 04(or a substitute form providing equivalent coverage).
The policy must also contain the following endorsement,which must be stated on the certificate of insurance:
• Contractual Liability Railroads ISO form CG 24 17 10 01 (or a substitute form providing equivalent coverage)showing
"Union Pacific Railroad Company Property" as the Designated Job Site.
• Designated Construction Project(s)General Aggregate Limit ISO Form CG 25 03 03 97(or a substitute form providing
equivalent coverage) showing the project on the form schedule.
B. BUSINESS AUTOMOBILE COVERAGE INSURANCE. Business auto coverage written on ISO form CA 00 01 (or a
substitute form providing equivalent liability coverage)with a combined single limit of not less$2,000,000 for each accident.
The policy must contain the following endorsements, which must be stated on the certificate of insurance:
• Coverage For Certain Operations In Connection With Railroads ISO form CA 20 70 10 01 (or a substitute form
providing equivalent coverage) showing"Union Pacific Property"as the Designated Job Site.
• Motor Carrier Act Endorsement- Hazardous materials clean up (MCS-90) if required by law.
C. WORKERS'COMPENSATION AND EMPLOYERS'LIABILITY INSURANCE. Coverage must include but not be limited
to:
• Contractor's statutory liability under the workers'compensation laws of the State of Texas.
• Employers'Liability(Part B)with limits of at least$500,000 each accident,$500,000 disease policy limit$500,000 each
employee.
If Contractor is self-insured, evidence of state approval and excess workers compensation coverage must be provided.
Coverage must include:
• liability arising out of the U. S. Longshoremen's and Harbor Workers'Act, the Jones Act, and
• the Outer Continental Shelf Land Act, if applicable.
The policy must contain the following endorsement, which must be stated on the certificate of insurance:
• Alternate Employer endorsement ISO form WC 00 03 01 A (or a substitute form providing equivalent coverage)
showing Railroad in the schedule as the alternate employer(or a substitute form providing equivalent coverage).
D. RAILROAD PROTECTIVE LIABILITY INSURANCE. Contractor must maintain Railroad Protective Liability insurance
written on ISO occurrence form CG 00 3512 04(or a substitute form providing equivalent coverage)on behalf of Railroad
as named insured, with a limit of not less than $2,000,000 per occurrence and an aggregate of$6,000,000. A binder
stating the policy is in place must be submitted to Railroad before the work may be commenced and until the original policy
is forwarded to Railroad.
E. UMBRELLA OR EXCESS INSURANCE. If Contractor utilizes umbrella or excess policies, these policies must"follow
form" and afford no less coverage than the primary policy.
F. POLLUTION LIABILITY INSURANCE. Pollution liability coverage must be written on ISO form Pollution Liability Coverage
Form Designated Sites CG 00 39 12 04(or a substitute form providing equivalent liability coverage),with limits of at least
$5,000,000 per occurrence and an aggregate limit of$10,000,000.
Insurance Requirements Page 1 of 2
Exhibit C
UNION PACIFIC RAILROAD COMPANY
CROE(TEXAS CITIES/COUNTIES) BUILDING(41R
Standard Form Approved,AVP-Law:03/01/13 uuupy
If the scope of work as defined in this Agreement includes the disposal of any hazardous or non-hazardous materials
from the job site, Contractor must furnish to Railroad evidence of pollution legal liability insurance maintained by the
disposal site operator for losses arising from the insured facility accepting the materials, with coverage in minimum
amounts of$1,000,000 per loss, and an annual aggregate of$2,000,000.
OTHER REQUIREMENTS
G. All policy(ies)required above(except worker's compensation and employers liability)must include Railroad as"Additional
Insured" using ISO Additional Insured Endorsements CG 20 26, and CA 20 48(or substitute forms providing equivalent
coverage). The coverage provided to Railroad as additional insured shall, to the extent provided under ISO Additional
Insured Endorsement CG 20 26,and CA 20 48 provide coverage for Railroad's negligence whether sole or partial,active
or passive, and shall not be limited by Contractor's liability under the indemnity provisions of this Agreement.
H. Punitive damages exclusion,if any, must be deleted(and the deletion indicated on the certificate of insurance), unless the
law governing this Agreement prohibits all punitive damages that might arise under this Agreement.
I. Contractor waives all rights of recovery,and its insurers also waive all rights of subrogation of damages against Railroad
and its agents, officers, directors and employees. This waiver must be stated on the certificate of insurance.
J. Prior to commencing the work, Contractor shall furnish Railroad with a certificate(s) of insurance, executed by a duly
authorized representative of each insurer, showing compliance with the insurance requirements in this Agreement.
K. All insurance policies must be written by a reputable insurance company acceptable to Railroad or with a current Best's
Insurance Guide Rating of A-and Class VII or better, and authorized to do business in the State of Texas.
L. The fact that insurance is obtained by Contractor or by Railroad on behalf of Contractor will not be deemed to release or
diminish the liability of Contractor, including,without limitation, liability under the indemnity provisions of this Agreement.
Damages recoverable by Railroad from Contractor or any third party will not be limited by the amount of the required
insurance coverage.
Insurance Requirements Page 2 of 2 Exhibit C
UNION PACIFIC RAILROAD COMPANY
CROE(TEXAS CITIES/COUNTIES) BUI1LDINfftRA
Standard Form Approved,AVP-Law:03/01/13
U U . y
EXHIBIT D
TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT
MINIMUM SAFETY REQUIREMENTS
The term"employees"as used herein refer to all employees of Contractor as well as all employees of any subcontractor or
agent of Contractor.
I. CLOTHING
A. All employees of Contractor will 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.
Specifically, Contractor's employees must wear:
i. Waist-length shirts with sleeves.
ii. Trousers that cover the entire leg. If flare-legged trousers are worn,the trouser bottoms must be tied to prevent
catching.
iii. Footwear that covers their ankles and has a defined heel. Employees working on bridges are required to wear
safety-toed footwear that conforms to the American National Standards Institute (ANSI) and FRA footwear
requirements.
B. 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.
C. Employees must not wear loose or ragged clothing,neckties,finger rings,or other loose jewelry while operating or working
on machinery.
II. PERSONAL PROTECTIVE EQUIPMENT
Contractor shall require its employees to wear personal protective equipment as specified by Railroad rules,regulations,or
recommended or requested by the Railroad Representative.
i. Hard hat that meets the American National Standard(ANSI)Z89.1 —latest revision. Hard hats should be affixed
with Contractor's company logo or name.
ii. Eye protection that meets American National Standard (ANSI) for occupational and educational eye and face
protection,Z87.1 —latest revision. Additional eye protection must be provided to meet specificjob situations such
as welding, grinding, etc.
iii. Hearing protection,which affords enough attenuation to give protection from noise levels that will be occurring on
the job site. Hearing protection, in the form of plugs or muffs, must be worn when employees are within:
■ 100 feet of a locomotive or roadway/work equipment
■ 15 feet of power operated tools
■ 150 feet of jet blowers or pile drivers
■ 150 feet of retarders in use(when within 10 feet,employees must wear dual ear protection—plugs and muffs)
iv. Other types of personal protective equipment, such as respirators, fall protection equipment, and face shields,
must be worn as recommended or requested by the Railroad Representative.
III. ON TRACK SAFETY
Contractor is responsible for compliance with the Federal Railroad Administration's Roadway Worker Protection regulations
— 49CFR214, Subpart C and Railroad's On-Track Safety rules. Under 49CFR214, Subpart C, railroad contractors are
responsible for the training of their employees on such regulations. In addition to the instructions contained in Roadway Worker
Protection regulations, all employees must:
i. Maintain a distance of twenty-five(25)feet to any track unless the Railroad Representative is present to authorize
movements.
ii. Wear an orange, reflectorized workwear approved by the Railroad Representative.
Minimum Safety Requirements Page 1 of 2 Exhibit D
UNION PACIFIC RAILROAD COMPANY
CROE(TEXAS CITIES/COUNTIES) BUILDING101IR
Standard Form Approved,AVP-Law:03/01/13 opy
iii. Participate in a job briefing that will specify the type of On-Track Safety for the type of work being performed.
Contractor must take special note of limits of track authority,which tracks may or may not be fouled,and clearing
the track. Contractor will also receive special instructions relating to the work zone around machines and
minimum distances between machines while working or traveling.
IV. EQUIPMENT
A. It is the responsibility of Contractor to ensure that all equipment is in a safe condition to operate. If, in the opinion of the
Railroad Representative, any of Contractor's equipment is unsafe for use, Contractor shall remove such equipment from
Railroad's property. In addition, Contractor must ensure that the operators of all equipment are properly trained and
competent in the safe operation of the equipment. In addition, operators must be:
i. Familiar and comply with Railroad's rules on lockout/tagout of equipment.
ii. Trained in and comply with the applicable operating rules if operating any by-rail equipment on-track.
iii. Trained in and comply with the applicable air brake rules if operating any equipment that moves rail cars or any
other railbound equipment.
B. All self-propelled equipment must be equipped with a first-aid kit,fire extinguisher, and audible back-up warning device.
C. Unless otherwise authorized by the Railroad Representative,all equipment must be parked a minimum of twenty-five(25)
feet from any track. Before leaving any equipment unattended,the operator must stop the engine and properly secure the
equipment against movement.
D. Cranes must be equipped with three orange cones that will be used to mark the working area of the crane and the
minimum clearances to overhead powerlines.
V. GENERAL SAFETY REQUIREMENTS
A. Contractor shall ensure that all waste is properly disposed of in accordance with applicable federal and state regulations.
B. Contractor shall ensure that all employees participate in and comply with a job briefing conducted by the Railroad
Representative,if applicable. During this briefing,the Railroad Representative will specify safe work procedures,(including
On-Track Safety)and the potential hazards of the job. If any employee has any questions or concerns about the work,the
employee must voice them during the job briefing. Additional job briefings will be conducted during the work as conditions,
work procedures, or personnel change.
C. All track work performed by Contractor meets the minimum safety requirements established by the Federal Railroad
Administration's Track Safety Standards 49CFR213.
D. All employees comply with the following safety procedures when working around any railroad track:
i. Always be on the alert for moving equipment. Employees must always expect movement on any track, at any
time, in either direction.
ii. Do not step or walk on the top of the rail, frog, switches, guard rails, or other track components.
iii. In passing around the ends of standing cars, engines,roadway machines orwork equipment,leave at least 20 feet
between yourself and the end of the equipment. Do not go between pieces of equipment of the opening is less
than one car length (50 feet).
iv. Avoid walking or standing on a track unless so authorized by the employee in charge.
V. Before stepping over or crossing tracks, look in both directions first.
vi. Do not sit on,lie under,or cross between cars except as required in the performance of your duties and onlywhen
track and equipment have been protected against movement.
E. All employees must comply with all federal and state regulations concerning workplace safety.
Minimum Safety Requirements Page 2 of 2 Exhibit D