The URL can be used to link to this page

RES 2014-0551 - Agmt with Union Pacific Railroad for dual pipeline crossing, OPW 52223 _ nH Public Works Department G Ry " Omaha/Douglas Civic Center Ma 6 2014 r ' }> > } 1819 Farnam Street,Suite 601 o® F " Omaha,Nebraska 68183-0601 Airy (402)444 5220 47'El FEB' - Fax(402)444-5248 City of Omaha Robert G. Stubbe,P.E. Jean Stothert,Mayor Public Works Director Honorable President and Members of the City Council, Transmitted herewith is a Resolution approving a Pipeline Crossing Agreement with the Union Pacific Railroad Company, as required by OPW 52223, being the South Interceptor Force Main —North Segment. The Agreement allows for the City to create one 48-inch encased sewerage pipeline and one 54- inch sewerage pipeline to cross the Union Pacific Railroad Company's track at Mile Post 2.49 and 2.50, Omaha Subdivision/Branch, located near 4th Street, north of Pacific Street. The Agreement details the requirements and responsibilities of both parties, and provides for the crossing license, at a cost of $25,165.00. This one-time license fee will be paid through the Sewer Revenue Improvements Fund 21124, CSO Control Implementation Organization 116918; Sewer Revenue Bonds will be issued to finance this project. The Public Works Department requests your consideration and approval of the attached Resolution and Agreement. Respectfully submitted, Referred to City Council for Consideration: -1 71 Tui,.36—tfte47L Robert G. Stubbe, P.E. Date Mayor's Office {� �� Ygate Public Works Director Approved as to Funding: 5.- iv /11 Steph n B. Curtiss ate Finance Director 1832htp Pipeline Crossing 080808 Folder No.02854-13 Last Modified:03/29/10 Form Approved,AVP-Law PIPELINE CROSSING AGREEMENT Mile Post: 2.49 &2.50, Omaha Subdivision/Branch Location: Omaha,Douglas County,Nebraska THIS AGREEMENT ("Agreement") is made and entered into as of March 28, 2014, ("Effective Date") by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, ("Licensor") and CITY OF OMAHA, to be addressed at 1849 Farnam Street Suite 600, Omaha,NE 68183 ("Licensee"). IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: Article 1. 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 One 48 inch sanitary sewer pipeline crossing in 84 inch casing& and one 54 inch sewer pipeline with a fiber optic wireline crossing in an 84 inch casing across Licensor's track(s) and property (the "Pipeline") in the location shown and in conformity with the dimensions and specifications indicated on the print dated February 21, 2014 and marked Exhibit A-1 & A-2, and A-3, attached hereto and hereby made a part hereof. Under no circumstances shall Licensee modify the use of the Pipeline for a purpose other than transporting and conveying sewage, and the Pipeline shall not be used to convey any other substance, any fiber optic cable, or 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. For the purposes of the Exhibit A's, Licensee acknowledges that if it or its contractor provides to Railroad digital imagery depicting the Pipeline crossing, Licensee authorizes Railroad to use the Digital Imagery in preparing the print attached as an exhibit hereto. Licensee represents and warrants that through a license or otherwise,it has the right to use the Digital Imagery and to permit Railroad to use the Digital Imagery in said manner. Article 2. 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, attached hereto and hereby made a part hereof. Article 3. LICENSE FEE. Upon execution of this Agreement, the Licensee shall pay to the Licensor a one-time License Fee of Twenty Five Thousand One Hundred Sixty Five Dollars($25,165.00). Article 4. IF WORK IS TO BE PERFORMED BY CONTRACTOR. If a contractor is hired by the Licensee to do any of the work performed on the Pipeline (including initial construction and subsequent relocation or maintenance and repair work), then the Licensee shall require its contractor to execute the Licensor's current form of Contractor's Right of Entry Agreement, attached hereto and hereby made a part hereof as Exhibit E. Licensee acknowledges receipt of a copy of the Contractor's Right of Entry Agreement and an 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 property without first executing the Contractor's Right of Entry Agreement and the contractor providing to the Licensor the insurance binders, certificates and endorsements described in the Contractor's Right of Entry Agreement. Article 5. DEFINITION OF LICENSEE. For purposes of this Agreement, all references in this Agreement to the Licensee shall include the Licensee's contractors, subcontractors, officers, agents and employees, and others acting under its or their authority. If a contractor is hired by the Licensee for any work performed on the Pipeline (including initial construction and subsequent relocation or maintenance and repair work), then the Licensee shall provide a copy of this Agreement to its contractor and require its contractor to comply with all the terms and provisions hereof relating to the work to be performed. Any contractor or subcontractor shall be deemed an agent of Licensee for the purpose of this Agreement, and Licensee shall require such contractor or subcontractor to release, defend and indemnify Licensor to the same extent and under the same terms and conditions as Licensee is required to release,defend and indemnify Licensor herein. Article 6. INSURANCE. A. Before commencement of the term of this Agreement and prior to any Pipeline construction, the Licensee or Licensee's contractor (whichever entity will be performing the Pipeline construction work), at its sole expense, shall provide to the Licensor the insurance binders, certificates and endorsements described in Exhibit C, attached hereto and hereby made a part hereof. B. Not more frequently than once every two years, Licensor may reasonably modify the required insurance coverage to reflect then-current risk management practices in the railroad industry and underwriting practices in the insurance industry. C. All insurance correspondence,binders, certificates and endorsements shall be directed to: Union Pacific Railroad Company Real Estate Department 1400 Douglas St. STOP 1690 Omaha,NE 68179-1690 ATTN: Kylan Crawford, Folder No. 2854-13 D. If the Licensee is a public entity subject to any applicable statutory tort laws,the limits of insurance described in Exhibit C 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 Licensor. E. Licensee hereby acknowledges that it has reviewed the requirements of Exhibit C, including without limitation the requirement for Railroad Protective Liability Insurance during construction, maintenance, installation,repair or removal of the pipeline which is the subject of this Agreement. Article 7. TERM. This Agreement shall take effect as of the Effective Date first herein written and shall continue in full force and effect until terminated as herein provided. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first herein written. UNION PACIFIC RAILROAD COMPANY CITY OF OMAHA By: By: r""�` RENAY ROAL ON ES � ` > 'tea /e.. DIRECTOR—REAL ESTATE Name Printed: J� � , i' -{f Gig Title: �Qs� P1r, , APR 'VED AS TO FORM: t7 DEPUTY CiT'r i r";EY Ad.'s, ...- _...._ A.,.... i .4'itO(Z.-16114 der* City y Clerk mayor North Gravity Sewer PLACE ARROW INDICATING NORTH FORM DR- 0404-B DIRECTION RELATIVE TO CROSSING r`Q REV. 10-9-2012 N �`�`� ENCASED NON-FLAMMABLEww.uprr.com Q�� PIPELINE CROSSING sit/ 0 NOTE: ALL AVAILABLE DIMENSIONS MUST BE :=`q• NO SCALE FILLED IN TO PROCESS 1HIS APPLICATION. ,��r 0 0 RE.S 13,n JQ.�.Q by 0 v_e FT. —+. FT. ,,o,° h- FT. 1., 570r1.— , Q I u"----- N . 2.2r T. ° N .—TO OMAHA °? gw j 5,, i 86 ., 28 .5.524- (NEAREST R.R. TOAST A.\ (ANGLE Of CROSSING) ww TO --+ V 5 `<I.•A IN TRACK I -' (NEAREST R.R, 10AS) 1 I i I 1 yam. I I I 1.,,,,_I /I I I I I (4 I III I I I I Q I I I i i I I i A��e� ,° (DESCRIBE FIXED OBJECT) = End of UPRR Missouri '� �Av1'. -, �� a River Bridge Structure h C'Q 4t I 51 M.CE ALONG "'RAO( num SECTION LIRE CROSSING) o. 1 • FT. r`�?°,51. 1705FT,_ ; �,, (r:OIE: THIS DIMENSION REOUIREO In ALL CASES, Al LOCATIONS NO1 USING SECTIONS, DISTANCE TO A LEGAL SURVEY LINE IS REQUIRED) RR'S Rin I - , 89 FT. --le- 14 FT. _<� - 252rT. I I , 'n (Alr:, DI ST� I SIIN fOIAC SUOGRAOE 66FT. ROAD! I ‘ 1. FT. SEAL CASING SEAL CASING If CASING PIPET 7 } ✓� / -r \ L______E / i I CARRIER PIPE \ ® I/ I I \©I // I I I 100 F, �j It . -- 360 FT F A 480FT. I 480FT. -- - ).- (CASING LENGTH ..HEN L•EASURED ALONG PIPELI::E.) NOTE, REFER TO AREMA VOLUME 1 PART 5 FOR REQUIREMENT ISOLATING TO PIPELINE CROSSINGS, A) IS PIPELINE CROSSING WITHIN DEDICATED STREET ? YES; X NO; EXHIBIT ",'"1 8) IF YES, NAME OF STREET (FLY RAIIAN1 AST C•,-rl O) DISTRIBUTION LINE OR TRANSMISSION LINE X CI CARRIER PIPE UNION PAC 1 F I C RAIL ROAD CO. Sewage-Sanitary COMMODITY TO BE CONVEYED OPERATING PRESSURE 0 PSI WALL THICKNESS 5.5IN ;DIAMETER 54 ;MATERIAL RCP ; ISs071YISIO'0 El CASING PIPE : 7 Gauge A 84 CGLP' M. P E, Se t+ t t WALL THICKNESS 9 ;DIAMETER ;MATERIAL ; — NOTE :CASING MUST HAVE 2" CLEARANCE BETWEEN GREATEST ENCASED CROSS I NG AT OUTSIDE DIAMETER OF CARRIER PIPE AND INTERIOR DIAMETER OF CASING PIPE. WHEN FURNISHING DIMENSIONS, GIVE OUTSIDE OF +' t . 'if 1- ! CARRIER PIPE AND INSIDE OF CASING PIPE. ,AE.,IA) CII" 1(E$,1r, ivnu F) METHOD OF INSTALLING CASING PIPE UNDER TRACK(S): ‘ ,/ ( :' `. .rt, , DRY BORE AND JACK (WET BORE NOT PERMITTED) ; T ,Ac„LUS) X TUNNEL ; OTHER Tunneling Shield with Liner Plates RR F I L E N0. ,.1 ; r OAT E ' , ' i G) WILL CONSTRUCTION BE BY AN OUTSIDE CONTRACTOR? X YES; NO; H) DISTANCE FROM CENTER LINE OF TRACK TO NEAR FACE OF BORING AND w A R N 1 N 6 JACKING PITS WHEN MEASURED AT RIGHT ANGLES TO TRACK 100' 11 APPLICANT HAS CONTACTED I-800-336-9193, (30 `II'' ) IN ALL OCCASIONS, U. P. COAauYiCAI)DES U. P. COMMUNICATION DEPARTMENT, AND HAS DETERMINED FIBER DE PARIVf NT vUST BE CONIAC IEO EXISTENCE AND OPTIC CABLE X DOESEXIST IN VICINITY OF of ANY ■DRA 10 D£TEERIOE ART. AND ; DOES NOT LOCATION Of FIBER OPTIC CABLE. WORK TO BE PERFORMED . TICKET NO. T20130717022 PROSE : i-BOO.336-9193 A CGLP=Coated Galvinized Liner Plate FORM DR-0404-F PLACE ARROW INDICATING NORTH REV. 5-15-90 DIRECTION RELATIVE TO CROSSING www.uprr.com N :�. UNDERGROUND WIRELINE CROSSING * 750 VOLTS OR LESS NOTE: ALL AVAILABLE DIMENSIONS MUST BE 7 NO SCALE FILLED IN TO PROCESS THIS APPLICATION. 4 @ ® RR'S R/W . _ ga`� -- - .-----a - v V — .r 't -- FT.._._. s. _FT. _-...._ vt r (SEE NOTE 1 O 6) ISEE NOTE 4 0 6I T. a h0 l ` 1. &' 86 • 28 5.524• R 4- To Omaha M 1. IAr:6lE oT CROSSING) �; T, a a� _ . Y/NEFREST R.R. TORN) I NEAREST R.R. TORN) IS f UA IN TRACK I I I I I ' I I I ' I 1 •1 1 1 I I Irt i I i 1 I I I I R I 't . 1 1 1 1 1 c.e,, 4 �' (OESCRI6E FIkCO rRJCtI) • IDESCR`DE F1 EO WECI) (SEE NOIE 6) u (5EE ROTE 6) `t' �.., 170fiFT End of UPRR Missouri River 100ri. $4'• 44 (DISTANCE ALONG IRAE[iI SECI105 LINE CHOSSII.G) Bridge Structure a, (NOIEI AlTHIS LOCATIONS NOTNSION RECOMMIT SILIl SECTIONS. DISTANCE I RR'5 Rft TO A LEGAL SURVEY LINE IS REOUIRCO �,,, .,r. r + O i 14 89 FT, B 14 FT. 1.1. 252FT. -- 4 I I SURFACE j� 4 MIN. DIST ~ (SEE NOTE iff 1 -A` r SUBCRAOE f / I 66 rr. won I I A f4,5 FI M111, }FT, I i FT. (5 FT. N H, IGII CI OPTICS) ® : II I1. IM.1 I. Ft. NIN. j !-R(RELIIE I5 FT. TAM, FOR r10 11 OPr KS) (5 FT NIL TON FIN OPTICS) (� 4 •-CASINO PIPE(,DEL NOTE S D 5) 4 I A...._._.___. 100 FT. 4 L 360er. -• FORMULA TO FIGURE CASING i _._-.- _ 480FT, r LENGTH WITH ANGLE OF (TTIpt2 2) CROSSING OTHER THAN 90• RDUFT. ,. NOTES I (LASING LENGTH WHEN MEASURED ALONG PIPELINE.) LS ':'qr I) ALL HORIZONTAL DISTANCES TO BE MEASURED AT RIGHT ANGLES.FROMIL OF TRACK, EXCEPT AS NOTED. �l 21 CASINO MUST EXTEND A MINIMUM OF 30' OUT FROM I OF TRACK, MEASURED AT RIGHT ANGLES. SINS B �rtt. 31 CASING MATERIAL I STEEL, RIGID METALLIC CONDUIT INO PVC(. MIN.DIST. 1, 4) MINWARA OF 5O' FROM THE END OF ANY RAILROAD BRIDOE, I OF ANY CULVERT, OR FROM ANY SWITCHING AREA. /MIL 21 rA 4 M 51 SIGNAL REPRESENTATIVE MUST BE PRESENT DURING INSTALLATION IF RAILROAD SIGNALS ARE IN THE VICINITY OF CROSSING. 61 ALLOWABLE FIXED OBJECTS INCLUDE: BACKWALLS OF BRIDGES; 0. OF ROAD CROSSINGS 8 OVERHEAD VIADUCTS (GIVE ROAD NAME.), OR t OF CULVERTS. 7) 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 HAND DUG. A) IS WIRELINE CROSSING WITHIN DEDICATED STREET?___ XYES; NO; I tpl aA1 EXHIBIT "A -•2.. CW100 Ill AV•.Ili I.M Ml11 I N Nils OW IF YES, NAME OF STREET CI —X FIBER OPTIC; ,JIN I ON PAC I A I RAILROAD CO. CI TYPE WIRELIKE CROSSING: TELEPHONE) TELEVISION; G OTHER: 4"HOPE conduit within NGS liner plate tunnel Sloth DI VOLTAGE TO BE CARRIED UNDER TRACK NA NO. OF WIRES_ 'r` alu0IYISIoa ,t ,}, El CASING TYPE TO BE INSTALLED Tunnel liner plate' M. P. 2•�9 E.S. f'73t,�b .f F) METHOD OF INSTALLING CASING PIPE UNDER TRACK(S): 7 DRY BORE AND JACK (WET BORE NOT PERMITTED); UNDERGROUND WIRELINE CROSSING X TUNNEL; OTHER Tunneling shield with liner Plates' 0,n,c44. /IOC (ems A/`" GI DISTANCE FROM CENTER LINE OF TRACK TO NEAR FACE OF BORING ANO 4 KA•IIT T eAnvl /� 1 lT, Sara JACKING PITS WHEN MEASURED AT RIGHT ANGLES TO TRACK 100 1 MIN.I C' of D/!?�A FOR H) DISTANCE TO NEAREST ROAD CROSSING WITH SIGNAL LIGHTS OR GATES IMRECAAT/ ( IF LESS THAN ONE MILE) RR FILE NO.2ffstio DATE If I) APPLICANT HAS CONTACTED I-800-336-9193, WARNING U. P. COMMUNICATION DEPARTMENT, AND HAS DETERMINED FIBER . OPTIC CABLE.... ____DOES; DOES NOT; EXIST IN V I C I NTY OF IN ALL OCCASIONS U. P. COMMUNICATIONS WORK TO BE PERFORMED. TICKET NO.20130717022 DEPARTMENT MIST DE CONTACTED IN ADVANCE OF ANY ROM 10 DETERMINE EXISTENCE AND *NOS liner plate tunnel permitted under UPRR File NO.02854-13 LOCATION or TIBER OPT EC 5Aa1.E. NGS-North Gravity Sewer PHONE I I-50o-NSS-9111 South Interceptor Force Main PLACE ARROW INDICATING NORTH FORM DR-0404-B DIRECTION RELATIVE TO CROSSING O`si REV, 10.9-2012 www.uprr.com �`` ENCASED NON-FLAMMABLE 4/5/ PIPELINE CROSSING 30 NOTE: ALL AVAILABLE DI+,(ENS IONS MUST BE .,' NO SCALE FILLED IN TO PROCESS THIS APPLICATION. s..y�>��Q 0 O 1 RR'5 R/6 Cj v a2r I*— _ _FT. --.-<— FT. . `"�h� K —__FT. .< 517 FT. >• -/c4.:t. p:' 0'F� 252F T. <—7G OMAHA o=/ a 5, �= 86 .. 28 .5.524- �, I I,EAREST R.R. TGA.`N/ f...' o (ANGLE Of CROSSING) r<- TO —, E MAIN TRACK I _� EREAREST R.R. KAN: 1 1 I I 1 y`v�, I ' 1 1►, 1 "I I i I I I. I I T I I I I I o I �'I J I 1 I F I �`�v�, �0 \ (DESCRIBE FIXER OBJECT) End of UPRR Missouri 7 Sykse 2 Na a River Bridge Structure 10 T- 1., IDISIA,CE ALO`G IRA:, fRf,f SECTION LINE CROSSING] 2o 1758FT .?� y (NOTE: IRIS 0It'El•SION REOUIRED IN ALL CASES. Al LCCA110',5 N01 USING SECTIONS, DISTANCE 70 A LEGAL SURVEY LFNE IS REQUIRED) PR'!,R . m- O 89 FT. --� 14 Fr. 252FT, I o GROL10 - ,�_,_ !'11 GIST„_- _-.... ,' SURFACE l' rrl SLIBGRADE ( ROADBED ' \ 64FT. . A _..1F T. SEAL CAS11;6 SEAL CASING I/-- CASINO PIPET J g--- —r_,// I �- { CARRIER PIPE \ �( ® /1-/ I I \®1 1 // I .— 90 F 1. 1 I. 345 FT. 1 _ e 465 FT. ,- 465 FT. (CASING LEND-N AOEN VEASURED ALONG PIPELINE.) NOTE: REFER TO ARENA VOLUME 1 PART 5 FOR REOUIREMENT RELATING TO PIPELINE CROSSINGS. A) IS PIPELINE CROSSING WITHIN DEDICATED STREET ? YES; X NO; EXHIBIT "AILS B) IF YES, NAME OF STREET fC P.AIIAOIT LSE Va.” D1 DISTRIBUTION LINE OR TRANSMISSION LINE X CI CARRIER PIPE : UN l ON PAC I F 1 C RA I L ROAD CO. COMMODITY TO BE CONVEYED Sewage-Sanitary OPERATING PRESSURE 25 PSI WALL THICKNESS 0.46 IN ;DIAMETER 48 MATERIAL DIP r ; ; I sovmstevl E) CASING PIPE : M. P , .I E. S. WALL THICKNESS 7 Gauge ;DIAMETER 84 ;MATERIAL CGLP" NOTE :CASING MUST HAVE 2" CLEARANCE BETWEEN GREATESTI ENCASED CROSSING AT OUTSIDE DIAMETER OF CARRIER PIPE AND INTERIOR DIAMETER OF . /; + 11 , CASING PIPE. WHEN FURNISHING DIMENSIONS, GIVE OUTSIDE OF CARRIER PIPE AND INSIDE OF CASING PIPE. ,.E19ES1 CII+1 ICCV11Y) IS1ATEt F1 METHOD OF INSTALLING CASING PIPE UNDER TRACKI51: I j , , DRY BORE AND JACK (WET BORE NOT PERMITTED) ; r1u,I — X TUNNEL ; OTHER Tunneling Shield with Liner Plates RR F 1 L E NO. pAT E Si WILL CONSTRUCTION BE BY AN OUTSIDE CONTRACTOR? X YES; NO; H) DISTANCE FROM CENTER LINE OF TRACK TO NEAR FACE OF BOR NG AND W A R N I N G JACKING PITS WHEN MEASURED AT RICH) ANGLES TO TRACK 90' I) APPLICANT HAS CONTACTED I-600-336-9 i 93, (70' min.; In ALL OCCASIONS, U. P. tovAILR+ICA7 Tohs U. P. COMMUNICATION DEPARTMENT, AND HAS DET ER)A1 NED FIBER DEPART VENT 4UST BE CONTACTED 1/+ADVANCE OPTIC CABLE X DOESOf AUG•ORA TO OFIERRINE EXIST"Ct AND ; DOES NOT ; EXIST IN VICINITY OF LOCATIONOF FTETER OPT I6 CABLE. WORK TO BE PERFORMED . TICKET NO. 20130717021 PRO.NE : I-B00-336-9,93 `CGLP=Coated Galvinized Liner Plate Pipeline Crossing 07/20/08 Form Approved,AVP Law 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 the Licensor to use and maintain its entire property including the right and power of the Licensor to construct, maintain, repair, renew, use, operate, change, modify or relocate railroad tracks, signal, communication, fiber optics, or other wirelines, pipelines and other facilities upon, along or across any or all parts of its property, all or any of which may be freely done at any time or times by the Licensor without liability to the Licensee or to any other party for compensation or damages. B. The foregoing grant is also subject to all outstanding superior rights (including those in favor of licensees and lessees of the Licensor's property, and others)and the right of the Licensor to renew and extend the same, and is made without covenant of title or for quiet enjoyment. Section 2. CONSTRUCTION,MAINTENANCE AND OPERATION. A. The Pipeline shall be designed, constructed, operated, maintained, repaired, renewed, modified and/or reconstructed by the Licensee in strict conformity with(i) Licensor's current standards and specifications ("UP Specifications"), except for variances approved in advance in writing by the Licensor's Assistant Vice President Engineering — Design, or his authorized representative; (ii) such other additional safety standards as the Licensor, in its sole discretion, elects to require, including, without limitation, American Railway Engineering and Maintenance-of-Way Association("AREMA") standards and guidelines (collectively, "UP Additional Requirements"), and (iii) all applicable laws, rules and regulations ("Laws"). If there is any conflict between the requirements of any Law and the UP Specifications or the UP Additional Requirements, the most restrictive will apply. B. All work performed on property of the Licensor in connection with the design, construction, maintenance, repair, renewal, modification or reconstruction of the Pipeline shall be done to the satisfaction of the Licensor. C. Prior to the commencement of any work in connection with the design, construction, maintenance, repair, renewal, modification, relocation, reconstruction or removal of the Pipeline from Licensor's property, 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 Licensor's Assistant Vice President Engineering Design, or his authorized representative, and then the work shall be done to the satisfaction of the Licensor's Assistant Vice President Engineering Design or his authorized representative. The Licensor shall have the right, if it so elects,to provide such support as it may deem necessary for the 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 therefore, all expenses incurred by the Licensor in connection therewith, which expenses shall include all assignable costs. D. The Licensee shall keep and maintain the soil over the Pipeline thoroughly compacted and the grade even with the adjacent surface of the ground. E. In the prosecution of any work covered by this Agreement, Licensee 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 3. NOTICE OF COMMENCEMENT OF WORK/ LICENSOR REPRESENTATIVE /SUPERVISION/FLAGGING/SAFETY. A. If an emergency should arise requiring immediate attention, the Licensee shall provide as much notice as practicable to Licensor before commencing any work. In all other situations, the Licensee shall notify the Licensor at least ten(10) days (or such other time as the Licensor may allow) in advance of the commencement of any work upon property of the Licensor in connection with the construction, maintenance, repair, renewal, modification, reconstruction, relocation or removal of the Pipeline. All such work shall be prosecuted diligently to completion. The Licensee will coordinate its initial, and any subsequent work with the following employee of Licensor or his or her duly authorized representative (hereinafter "Licensor Representative" or "Railroad Representative"): RICHARD H.BRADY SCOTT T. LAUBY MGR SIGNAL MNTCE MGR TRACK MNTCE 1313 MARCY ST 8805 SO 143 AVE OMAHA,NE 68108 OMAHA,NE 68138 Cell Phone: 402 681-5837 Work Phone: 712/8 329-5091 rhbrady@up.com Cell Phone: 402 203-0953 stlauby@up.com B. Licensee, at its own expense, shall adequately police and supervise all work to be performed. The responsibility of Licensee for safe conduct and adequate policing and supervision of work shall not be lessened or otherwise affected by Licensor's approval of plans and specifications involving the work, or by Licensor's collaboration in performance of any work, or by the presence at the work site of a Licensor Representative, or by compliance by Licensee with any requests or recommendations made by the Licensor Representative. C. At the request of Licensor, Licensee shall remove from Licensor's property any employee who fails to conform to the instructions of the Licensor Representative in connection with the work on Licensor's property. Licensee shall indemnify Licensor against any claims arising from the removal of any such employee from Licensor's property. D. Licensee shall notify the Licensor Representative at least ten (10) working days in advance of proposed performance of any work 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 Licensor'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 ten (10) day notice, the Licensor Representative will determine and inform Licensee whether a flagman need be present and whether any special protective or safety measures need to be implemented. If flagging or other special protective or safety measures are performed by Licensor, Licensor will,bill Licensee for such expenses incurred by Licensor, unless Licensor and a federal, state or local governmental entity have agreed that Licensor is to bill such expenses to the federal, state or local governmental entity. If Licensor will be sending the bills to Licensee,Licensee shall pay such bills within thirty (30) days of receipt of billing. If Licensor performs any flagging, or other special protective or safety measures are performed by Licensor, Licensee agrees that Licensee is not relieved of any of responsibilities or liabilities set forth in this Agreement. E. 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 Licensor 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, Licensee (or the governmental entity, as applicable) shall pay on the basis of the new rates and charges. F. Reimbursement to Licensor 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 Licensor is required to pay the flagman and which could not reasonably be avoided by Licensor by assignment of such flagman to other work, even though Licensee may not be working during such time. When it becomes necessary for Licensor to bulletin and assign an employee to a flagging position in compliance with union collective bargaining agreements, Licensee must provide Licensor 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, Licensee 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 ten(10)days notice must then be given to Licensor if flagging services are needed again after such five day cessation notice has been given to Licensor. G. Safety of personnel, property, rail operations and the public is of paramount importance in the prosecution of the work performed by Licensee or its contractor. Licensee shall be responsible for initiating, maintaining and supervising all safety, operations and programs in connection with the work. Licensee and its contractor shall at a minimum comply with Licensor's safety standards listed in Exhibit D, hereto attached, to ensure uniformity with the safety standards followed by Licensor's own forces. As a part of Licensee's safety responsibilities, Licensee shall notify Licensor if it determines that any of Licensor's safety standards are contrary to good safety practices. Licensee and its contractor shall furnish copies of Exhibit D to each of its employees before they enter the job site. H. Without limitation of the provisions of paragraph G above, Licensee shall keep the job site free from safety and health hazards and ensure that their employees are competent and adequately trained in all safety and health aspects of the job. 1. Licensee 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. Prompt notification shall be given to Licensor of any U.S. Occupational Safety and Health Administration reportable injuries. Licensee shall have a non-delegable duty to control its employees while they are on the job site or any other property of Licensor, 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. J. If and when requested by Licensor, Licensee shall deliver to Licensor a copy of its safety plan for conducting the work (the "Safety Plan"). Licensor shall have the right, but not the obligation, to require Licensee 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 4. LICENSEE TO BEAR ENTIRE EXPENSE. The Licensee shall bear the entire cost and expense incurred in connection with the design, construction, maintenance, repair and renewal and any and all modification, revision, relocation, removal or reconstruction of the Pipeline, including any and all expense which may be incurred by the Licensor in connection therewith for supervision, inspection, flagging, or otherwise. Section 5. REINFORCEMENT,RELOCATION OR REMOVAL OF PIPELINE. A. The license herein granted is subject to the needs and requirements of the Licensor in the safe and efficient operation of its railroad and in the improvement and use of its property. The Licensee shall, at the sole expense of the Licensee, reinforce or otherwise modify the Pipeline, or move all or any portion of the Pipeline to such new location, or remove the Pipeline from the Licensor's property, as the Licensor may designate, whenever, in the furtherance of its needs and requirements,the Licensor,at its sole election, finds such action necessary or desirable. B. All the terms, conditions and stipulations herein expressed with reference to the Pipeline on property of the Licensor in the location hereinbefore described shall, so far as the Pipeline remains on the property, apply to the Pipeline as modified, changed or relocated within the contemplation of this section. Section 6. NO INTERFERENCE WITH LICENSOR'S OPERATION. A. The Pipeline and all parts thereof within and outside of the limits of the property of the Licensor shall be designed, constructed and, at all times, maintained, repaired, renewed and operated in such manner as to cause no interference whatsoever with the constant, continuous and uninterrupted use of the tracks, property and facilities of the Licensor and nothing shall be done or suffered to be done by the Licensee at any time that would in any manner impair the safety thereof. B. Explosives or other highly flammable substances shall not be stored on Licensor's property without the prior written approval of Licensor. C. No additional vehicular crossings (including temporary haul roads) or pedestrian crossings over Licensor's trackage shall be installed or used by Licensor or its contractors without the prior written permission of Licensor. D. When not in use, any machinery and materials of Licensee or its contractors shall be kept at least fifty(50)feet from the centerline of Licensor's nearest track. E. Operations of Licensor and work performed by Licensor's personnel may cause delays in the work to be performed by Licensee. Licensee accepts this risk and agrees that Licensor shall have no liability to Licensee or any other person or entity for any such delays. Licensee shall coordinate its activities with those of Licensor and third parties so as to avoid interference with railroad operations. The safe operation of Licensor's train movements and other activities by Licensor take precedence over any work to be performed by Licensee. Section 7. PROTECTION OF FIBER OPTIC CABLE SYSTEMS. A. Fiber optic cable systems may be buried on the Licensor's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Licensee shall telephone the Licensor during normal business hours (7:00 a.m. to 9:00 p.m. Central Time, Monday through Friday, except for 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 Licensor's premises to be used by the Licensee. If it is, Licensee will telephone the telecommunications company(ies) involved, arrange for a cable locator,make arrangements for relocation or other protection of the fiber optic cable, all at Licensee's expense, and will commence no work on the Licensor's property until all such protection or relocation has been accomplished. Licensee shall indemnify and hold the Licensor harmless from and against all costs,liability and expense whatsoever(including,without limitation, attorneys' fees, court costs and expenses) arising out of or caused in any way by Licensee's failure to comply with the provisions of this paragraph. B. IN ADDITION TO OTHER INDEMNITY PROVISIONS IN THIS AGREEMENT, THE LICENSEE SHALL, AND SHALL CAUSE ITS CONTRACTOR TO, RELEASE, INDEMNIFY, DEFEND AND HOLD THE LICENSOR HARMLESS FROM AND AGAINST ALL COSTS, LIABILITY AND EXPENSE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES, COURT COSTS AND EXPENSES) CAUSED BY THE NEGLIGENCE OF THE LICENSEE,ITS CONTRACTORS,AGENTS AND/OR EMPLOYEES, RESULTING IN (1) ANY DAMAGE TO OR DESTRUCTION OF ANY TELECOMMUNICATIONS SYSTEM ON LICENSOR'S PROPERTY,AND/OR (2) ANY INJURY TO OR DEATH OF ANY PERSON EMPLOYED BY OR ON BEHALF OF ANY TELECOMMUNICATIONS COMPANY, AND/OR ITS CONTRACTOR, AGENTS AND/OR EMPLOYEES, ON LICENSOR'S PROPERTY, EXCEPT IF SUCH COSTS, LIABILITY OR EXPENSES ARE CAUSED SOLELY BY THE DIRECT ACTIVE NEGLIGENCE OF THE LICENSOR. LICENSEE FURTHER AGREES THAT IT SHALL NOT HAVE OR SEEK RECOURSE AGAINST LICENSOR FOR ANY CLAIM OR CAUSE OF ACTION FOR ALLEGED LOSS OF PROFITS OR REVENUE OR LOSS OF SERVICE OR OTHER CONSEQUENTIAL DAMAGE TO A TELECOMMUNICATION COMPANY USING LICENSOR'S PROPERTY OR A CUSTOMER OR USER OF SERVICES OF THE FIBER OPTIC CABLE ON LICENSOR'S PROPERTY. Section 8. CLAIMS AND LIENS FOR LABOR AND MATERIAL; TAXES. A. The Licensee shall fully pay for all materials joined or affixed to and labor performed upon property of the Licensor in connection with the construction, maintenance, repair, renewal, modification or reconstruction of the Pipeline, and shall not permit or suffer any mechanic's or materialman's lien of any kind or nature to be enforced against the property for any work done or materials furnished thereon at the instance or request or on behalf of the Licensee. The Licensee shall indemnify and hold harmless the Licensor against and from any and all liens, claims, demands, costs and expenses of whatsoever nature in any way connected with or growing out of such work done, labor performed,or materials furnished. B. The Licensee shall promptly pay or discharge all taxes, charges and assessments levied upon, in respect to, or on account of the Pipeline, to prevent the same from becoming a charge or lien upon property of the Licensor, and so that the taxes, charges and assessments levied upon or in respect to such property shall not be increased because of the location, construction or maintenance of the Pipeline or any improvement, appliance or fixture connected therewith placed upon such property, or on account of the Licensee's interest therein. Where such tax, charge or assessment may not be separately made or assessed to the Licensee but shall be included in the assessment of the property of the Licensor, then the Licensee shall pay to the Licensor an equitable proportion of such taxes determined by the value of the Licensee's property upon property of the Licensor as compared with the entire value of such property. Section 9. RESTORATION OF LICENSOR'S PROPERTY. In the event the Licensee in any manner moves or disturbs any of the property of the Licensor in connection with the construction, maintenance, repair, renewal, modification, reconstruction, relocation or removal of the Pipeline, then in that event the Licensee shall, as soon as possible and at Licensee's sole expense, restore such property to the same condition as the same were before such property was moved or disturbed, and the Licensee shall indemnify and hold harmless the Licensor, its officers, agents and employees, against and from any and all liability, loss, damages, claims, demands, costs and expenses of whatsoever nature, including court costs and attorneys' fees, which may result from injury to or death of persons whomsoever, or damage to or loss or destruction of property whatsoever, when such injury, death, damage, loss or destruction grows out of or arises from the moving or disturbance of any other property of the Licensor. Section 10. INDEMNITY. A. As used in this Section, "Licensor" includes other railroad companies using the Licensor's property at or near the location of the Licensee's installation and their officers, agents, and employees; "Loss" includes loss, damage, claims, demands, actions, causes of action, penalties, costs, and expenses of whatsoever nature, including court costs and attorneys' fees, which may result from: (a)injury to or death of persons whomsoever (including the Licensor's officers, agents, and employees, the Licensee's officers, agents, and employees, as well as any other person); and/or(b)damage to or loss or destruction of property whatsoever(including Licensee's property, damage to the roadbed, tracks, equipment, or other property of the Licensor, or property in its care or custody). B. AS A MAJOR INDUCEMENT AND IN CONSIDERATION OF THE LICENSE AND PERMISSION HEREIN GRANTED, TO THE FULLEST EXTENT PERMITTED BY LAW, THE LICENSEE SHALL, AND SHALL CAUSE ITS CONTRACTOR TO, RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS THE LICENSOR FROM ANY LOSS OF ANY KIND, NATURE OR DESCRIPTION ARISING OUT OF, RESULTING FROM OR RELATED TO(IN WHOLE OR IN PART): 1. THE PROSECUTION OF ANY WORK CONTEMPLATED BY THIS AGREEMENT INCLUDING THE INSTALLATION, CONSTRUCTION, MAINTENANCE, REPAIR, RENEWAL, MODIFICATION, RECONSTRUCTION, RELOCATION, OR REMOVAL OF THE PIPELINE OR ANY PART THEREOF; 2. ANY RIGHTS OR INTERESTS GRANTED PURSUANT TO THIS LICENSE; 3. THE PRESENCE, OPERATION, OR USE OF THE PIPELINE OR CONTENTS ESCAPING THEREFROM; 4. THE ENVIRONMENTAL STATUS OF THE PROPERTY CAUSED BY OR CONTRIBUTED TO BY LICENSEE; 5. ANY ACT OR OMISSION OF LICENSEE OR LICENSEE'S OFFICERS, AGENTS, INVITEES, EMPLOYEES, OR CONTRACTORS OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY ANY OF THEM, OR ANYONE THEY CONTROL OR EXERCISE CONTROL OVER; OR 6. LICENSEE'S BREACH OF THIS AGREEMENT, EXCEPT WHERE THE LOSS IS CAUSED BY THE SOLE DIRECT AND ACTIVE NEGLIGENCE OF THE LICENSOR, AS DETERMINED IN A FINAL JUDGMENT BY A COURT OF COMPETENT JURISDICTION, IT BEING THE INTENTION OF THE PARTIES THAT THE ABOVE INDEMNITY WILL OTHERWISE APPLY TO LOSSES CAUSED BY OR ARISING FROM, IN WHOLE OR IN PART, LICENSOR'S NEGLIGENCE. C. Upon written notice from Licensor, Licensee agrees to assume the defense of any lawsuit of proceeding brought against any indemnitee by any entity, relating to any matter covered by this License for which Licensee has an obligation to assume liability for and/or save and hold harmless any indemnitee. Licensee shall pay all costs incident to such defense, including, but not limited to, reasonable attorney's fees, investigators' fees, litigation and appeal expenses, settlement payments and amounts paid in satisfaction of judgments. Section 11. REMOVAL OF PIPELINE UPON TERMINATION OF AGREEMENT. Prior to the termination of this Agreement howsoever, the Licensee shall, at Licensee's sole expense, remove the Pipeline from those portions of the property not occupied by the roadbed and track or tracks of the Licensor and shall restore, to the satisfaction of the Licensor, such portions of such property to as good a condition as they were in at the time of the construction of the Pipeline. If the Licensee fails to do the foregoing, the Licensor may, but is not obligated, to perform such work of removal and restoration at the cost and expense of the Licensee. In the event of the removal by the Licensor of the property of the Licensee and of the restoration of the roadbed and property as herein. provided, the Licensor shall in no manner be liable to the Licensee for any damage sustained by the Licensee for or on account thereof, and such removal and restoration shall in no manner prejudice or impair any right of action for damages,or otherwise,that the Licensor may have against the Licensee. Section 12. WAIVER OF BREACH. The waiver by the Licensor of the breach of any condition, covenant or agreement herein contained to be kept, observed and performed by the Licensee shall in no way impair the right of the Licensor to avail itself of any remedy for any subsequent breach thereof. Section 13. TERMINATION. A. If the Licensee does not use the right herein granted or the Pipeline for one (1) year, or if the Licensee continues in default in the performance of any covenant or agreement herein contained for a period of thirty (30) days after written notice from the Licensor to the Licensee specifying such default, the Licensor may, at its option, forthwith immediately terminate this Agreement by written notice. B. In addition to the provisions of subparagraph (a) above, this Agreement may be terminated by written notice given by either party hereto to the other on any date in such notice stated, not less, however,than thirty(30)days subsequent to the date upon which such notice shall be given. C. Notice of default and notice of termination may be served personally upon the Licensee or by mailing to the last known address of the Licensee. Termination of this Agreement for any reason shall not affect any of the rights or obligations of the parties hereto which may have accrued, or liabilities, accrued or otherwise, which may have arisen prior thereto. Section 14. AGREEMENT NOT TO BE ASSIGNED. The Licensee shall not assign this Agreement, in whole or in part, or any rights herein granted, without the written consent of the Licensor, and it is agreed that any transfer or assignment or attempted transfer or assignment of this Agreement or any of the rights herein granted, whether voluntary, by operation of law, or otherwise, without such consent in writing, shall be absolutely void and, at the option of the Licensor,shall terminate this Agreement. Section 15. SUCCESSORS AND ASSIGNS. Subject to the provisions of Section 14 hereof, this Agreement shall be binding upon and inure to the benefit of the parties hereto, their heirs, executors,administrators, successors and assigns. Section 16. SEVERABILITY. Any provision of this Agreement which is determined by a court of competent jurisdiction to be invalid or unenforceable shall be invalid or unenforceable only to the extent of such determination, which shall not invalidate or otherwise render ineffective any other provision of this Agreement. • Approved:Insurance Group Created:9/23/05 Last Modified:03/29/10 Form Approved,AVP-Law EXHIBIT C Union Pacific Railroad Company Contract Insurance Requirements Licensee shall, at its sole cost and expense, procure and maintain during the life of this Agreement (except as otherwise provided in this Agreement)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. B. Business Automobile Coverage insurance. Business auto coverage written on ISO form CA 00 01 10 01 (or a substitute form providing equivalent liability coverage) with a limit of not less $2,000,000 for each accident, and coverage must include liability arising out of any auto(including owned,hired,and non-owned autos). 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. C. Workers Compensation and Employers Liability insurance. Coverage must include but not be limited to: Licensee's statutory liability under the workers' compensation laws of the state(s) affected by this Agreement. Employers'Liability(Part B)with limits of at least $500,000 each accident, $500,000 disease policy limit $500,000 each employee. If Licensee 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. D. Railroad Protective Liability insurance. Licensee must maintain "Railroad Protective Liability" insurance written on ISO occurrence form CG 00 35 12 04 (or a substitute form providing equivalent coverage) on behalf of Railroad only as named insured, with a limit of not less than $2,000,000 per occurrence and an aggregate of$6,000,000. The definition of"JOB LOCATION" and "WORK" on the declaration page of the policy shall refer to this Agreement and shall describe all WORK or OPERATIONS performed under this agreement E. Umbrella or Excess insurance. If Licensee utilizes umbrella or excess policies, and these policies must"follow form"and afford no less coverage than the primary policy. Other Requirements F. 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 Licensee's liability under the indemnity provisions of this Agreement. G. Punitive damages exclusion, if any, must be deleted (and the deletion indicated on the certificate of insurance), unless (a) insurance coverage may not lawfully be obtained for any punitive damages that may arise under this agreement, or (b) all punitive damages are prohibited by all states in which this agreement will be performed. H. Licensee 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 for damages covered by the workers compensation and employers liability or commercial umbrella or excess liability obtained by Licensee required in this agreement, where permitted by law This waiver must be stated on the certificate of insurance. I. 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(s) in which the work is to be performed. J. The fact that insurance is obtained by Licensee or by Railroad on behalf of Licensee will not be deemed to release or diminish the liability of Licensee, including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by Railroad from Licensee or any third party will not be limited by the amount of the required insurance coverage. Pipeline Crossing 07/20/08 Form Approved,AVP-Law EXHIBIT D SAFETY STANDARDS MINIMUM SAFETY REQUIREMENTS The term"employees" as used herein refer to all employees of Licensee or its contractors, subcontractors, or agents,as well as any subcontractor or agent of any Licensee. Clothing A. All employees of Licensee 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,Licensee'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 Licensee shall require its employee 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 Licensee'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 specific job 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 Licensee and its contractor are 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 minimum distance of at least twenty-five (25) feet to any track unless the Railroad Representative is present to authorize movements. (ii) Wear an orange,reflectorized work wear approved by the Railroad Representative. (iii) Participate in a job briefing that will specify the type of On-Track Safety for the type of work being performed. Licensee must take special note of limits of track authority, which tracks may or may not be fouled, and clearing the track. Licensee 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 Licensee to ensure that all equipment is in a safe condition to operate. If, in the opinion of the Railroad Representative, any of Licensee's equipment is unsafe for use, Licensee shall remove such equipment from Railroad's property. In addition, Licensee 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: ■ Familiar and comply with Railroad's rules on lockout/tagout of equipment. • Trained in and comply with the applicable operating rules if operating any by-rail equipment on-track. ■ Trained in and comply with the applicable air brake rules if operating any equipment that moves rail cars or any other rail bound 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. Licensee shall ensure that all waste is properly disposed of in accordance with applicable federal and state regulations. B. Licensee 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 Licensee 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 or work 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 only when track and equipment have been protected against movement. E. All employees must comply with all federal and state regulations concerning workplace safety. wow YItCI f C II I PL X&E ROE 940201 Folder No.2854-13 Form Approved,AVP-Law 08/25/2006 EXHIBIT E CONTRACTOR'S RIGHT OF ENTRY AGREEMENT THIS AGREEMENT is made and entered into as of the , by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, ("Railroad") and a corporation ("Contractor"), to be addressed at RECITALS: The Contractor has been hired by City of Omaha, NE to install one 48 inch and one 54 inch sanitary sewer pipeline crossings (the "work"), with all or a portion of such work to be performed on property of Railroad at Mile Posts 2.49 & 2.50 on the Omaha Subdivision in Omaha, Douglas County, Nebraska, pursuant the Agreement between Railroad and The City of Omaha dated March 28, 2014 as such location is also shown on the print marked Exhibit A-1, A-2 & A-3 attached hereto and hereby made a part hereof. Railroad is willing to permit Contractor to perform the work described above at the location describe above subject to the terms and conditions contained in this Agreement. AGREEMENT: NOW, THEREFORE, it is mutually agreed by and between the Railroad and Contractor, as follows: Article I. DEFINITION OF CONTRACTOR. For purposes of this Agreement, all references in this Agreement to the Contractor shall include Contractor's contractors, subcontractors, officers, agents and employees, and others acting under its or their authority. Article II. 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 IV, and is strictly limited to the scope of work identified to the Railroad, as determined by the Railroad in its sole discretion,and for no other purpose. Article III. TERMS AND CONDITIONS CONTAINED IN EXHIBITS B,C AND D. The terms and conditions contained in Exhibit B, C and D, attached hereto, are hereby made a part of this Agreement. Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha,Nebraska 68 1 79-1 690 fx.(402)501-0340 4831-4070-1466.2 Article IV. 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"): RICHARD H.BRADY SCOTT T. LAUBY MGR SIGNAL MNTCE MGR TRACK MNTCE 1313 MARCY ST 8805 SO 143 AVE OMAHA,NE 68108 OMAHA,NE 68138 Cell Phone: 402 681-5837 Work Phone: 712/8 329-5091 rhbrady@up.com Cell Phone: 402 203-0953 stlauby@up.com 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 V. TERM; TERMINATION. A. The grant of right herein made to Contractor shall commence on the date of this Agreement, and continue for one(1) year, unless sooner terminated as herein provided, or at such time as Contractor has completed its work on Railroad's property, whichever is earlier. Contractor agrees to notify the Railroad Representative in writing when it has completed its work on Railroad's property. B. This Agreement may be terminated by either party on ten (10) days written notice to the other party. Article VI. CERTIFICATE OF INSURANCE. A. Before commencing any work, Contractor will provide Railroad with the insurance binders, policies,certificates and/or endorsements set forth in Exhibit C of this Agreement. B. All insurance correspondence, binders, policies, certificates and/or endorsements shall be sent to: Folder No. 02854-13 Union Pacific Railroad Company 1400 Douglas Street STOP 1690 Omaha,Nebraska 68179-1690 4831-4070-1466.2 Article VII. CHOICE OF FORUM. Litigation arising out of or connected with this Agreement may be instituted and maintained in the courts of the States of Nebraska and California only, and the parties consent to jurisdiction over their person and over the subject matter of any such litigation, in those courts, and consent to service of process issued by such courts. Article VIII. 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 of the 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 IX. ADMINISTRATIVE FEE. Upon the execution and delivery of this Agreement, Contractor shall pay to Railroad One Thousand Dollars ($1,000.00) as reimbursement for clerical, administrative and handling expenses in connection with the processing of this Agreement. Article X. CROSSINGS. 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. Article XI. EXPLOSIVES. Explosives or other highly flammable substances shall not be stored on Railroad's property without the prior written approval of Railroad. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in duplicate as of the date first herein written. UNION PACIFIC RAILROAD COMPANY By: Kylan Crawford (Contractor Name) Manager-Contracts By Name: Title: Telephone: Email: 4831-4070-1466.2 North Gravity Sewer FORM DR-0404-B PLACE ARROW INDICATING NORTH DIRECTION RELATIVE TO CROSSING \Q� REV. 10-9-2012 N Q.� www.uprr.com QQ, ENCASED NON-FLAMMABLE PIPELINE CROSSING 4& NOTE: ALL AVAILABLE DIMENSIONS MUST BE $'q.r NO SCALE FILLED IN TO PROCESS THIS APPLICATION. �'� 00 RR•S Rix -30 v,t ' —.FT. --- .A FT.------ > ,o ke, v- FT. >4- 570 FT. A. ..,I'. <�� 252FT. OMAHA o`' W 1 LA. 86 a 28 •5.524- pa —TI NEAREST R.R. TOAST V s fL MAIN TRACK rt (ATOLL OE CROSSING) 701 NEAREST R.R. tUhNf—� I I I I I . ' 1 I I ik I /I I I I I I, i 4 I I i I I /0 i 'I I I I I I 0 \- . End of UPRR Missouri q��ql (DESCRIBE FIRED OBJECT) �,.2_ "` ter`' t' River Bridge Structure ti •" „I CAQ~A., (DISTANCE ALONG TRACK FROM SECTION LISE.CROSSING) ,,, '3 FT. ,, G.‘r0..J 1705FT.— • )NOTE: IRIS DIMENSION:REQUIRED IN All CASES. AT LOCA110'.5 F01 USING SECTIONS. DISTANCE 70 A LEGAL SURREY LIFE IS REQJIREO) a T - RR'S R.,,, 0 89 FT. ----1.- 14 FT. 252FT. >a I CGROUNDll MIN. DIST r I SURFACE A I �-4 if—5UBGRAOE ROADBED i \ 66 FT. N. A 1FT. SEAL CASING SEAL CAS�NC 1CASINGCAS PIPEI f ‘ .4/ - I 1 {- CARRIER PIPEjr \+. ® 1/ I I \\©I �// i I I I 100FT. -- ,j I.i 360FT. sI 480FT. s. -- 480F T. —, (CASING LENQTH %HEN MEASURED Al0SG PIPEL I t:E.) NOTE: REFER TO AREMA VOLUME 1 PART 6 FOR REQUIREMENT RELATING TO PIPELINE CROSSINGS. A) IS PIPELINE CROSSING WITHIN DEDICATED STREET ? YES; X NO; EXHIBIT "A"--I 8) IF YES, NAME OF STREET IEOT P41(90A5 ASE(.'.UY) 0) DISTRIBUTION LINE OR TRANSMISSION LINE X C) CARRIER PIPE UNION PACIFIC RA 1 L ROAD CO. Sewage COMMODITY TO SE CONVEYED Sanita rY OPERATING PRESSURE 0 PSI ,1'�: a tt 1 WALL THICKNESS 5.5IN ;DIAMETER 54 ;MATERIAL RCP ; IURSIVISIOT E) CASING PIPE : M. P ,) . �• ' E. S. T �� . I r , ' - WALL THICKNESS 7 Gauge ;DIAMETER 84 ;MATERIAL CGLP* ; NOTE :CASING MUST HAVE 2" CLEARANCE BETWEEN GREATEST ENCASED ''` ' CROSS I NG AT OUTSIDE DIAMETER OF CARRIER PIPE AND INTERIOR DIAMETER OF CASING PIPE. WHEN FURNISHING DIMENSIONS, GIVE OUTSIDE OF �`' I r:4 )e �V � CARRIER PIPE AND INSIDE OF CASING PIPE. (LIAVIST ClI.I CE'.1YI (FIRTH F) METHOD OF INSTALLING CASING PIPE UNDER TRACK(S): ' . ) i.:( r'.I"-•.(-t, ORY BORE AND JACK (WET BORE NOT PERMITTED) ; IAPPIIC..01 X TUNNEL ; OTHER Tunneling Shield with Liner Plates RR FILE NO. 1J `' t I lDATE- '' ' ).' G) WILL CONSTRUCTION BE BY AN OUTSIDE CONTRACTOR? X YES; NO; H) DISTANCE FROM CENTER LINE OF TRACK TO NEAR FACE OF BORING AND WARN I N G JACKING PITS WHEN MEASURED AT RIGHT ANGLES TO TRACK 100' I) APPLICANT HAS CONTACTED I-a00-336-9193, (30' MIN.) IN ALL OCCASIONS, U. P. COM,VIJPJI CAT IONS DEPARTMENT MUST BE CONTACTED I N ADVANCE U. P. COMMUNICATION DEPARTMENT, AND HAS DETERMINED FIBER OF ANY DORA TO DETERMINE EXISTENCE ANO OPTIC CABLE X DOES I DOES NOT L EXIST IN VICINITY OF LOCATION OF FIBER OPTIC CABLE. WORK TO BE PERFORMED , TICKET NO. 20130717022 PRONE : I-BOO-336-9193 * CGLP=Coated Galvinized Liner Plate FORM OR-0404-F PLACE ARROW INDICATING NORTH REV. 5-15-9B DIRECTION RELATIVE TO CROSSING N pe WWw.uprr.COTT1 ",d UNDERGROUND WIRELINE CROSSING �t _ �`tF�' 750 VOLTS OR LESS s�� 3 1 .t" NO SCALE NOTE: ALL AVAILABLE DIMENSIONS MUST BE .; f' --- -_ FILLED IN TO PROCESS THIS APPLICATION. ....... Qy� _ o® RR'S Rix v t4 + _FT, - w ----.. WOw FT. FT.- —.•— FT.— ,..4., l (SEE fb7E A B 6) (SEE NOTE f D 6) 9 - - ~ pdo " —,- T, 1- ro Othdh3 �(/I r IA" 86 ' 28 5,524' " t NEAREST R.R. TO►N1 A a-' .-�VAIN TRACK ,3 (AN6tt OF CROSSING) aW TO —a 1 I 1 I I�'L� i I 1 ' I I �i I 1 I I I. 1 I Y I 1 I T Lift I 7` I !NEAREST+P.R.i TO NY; L (DESCRIBE FIXCO GOJCCT) (DESCR PE FIXED OBJEcI) (SEE NOTE 6) u ' E NOTE 6) -, 17p5FT End of UPRR Missouri River 100FT, rr�.,y (DISTANCE ALONG Hutt TT,SECTION LINE CROSSING) Bridge Structure (UO(E1 THIS DIMENSION REQUIRED IN ALL CASE6, AT LOCATIONS NOT U5160 SECTIONS, DISTANCE RR R,x 10 A LOCAL SUNSET LINE IS REOUIREO) I ®o i'l - 89 Fr, ,f" 14 F-r. -- 252 ___—_ 2._..rr. 1__ dc- L _ MIN. OIST _.___.__- ' I SURFACE, —(SEE NOTE a ' cam -L� -----c-1 ��{-SUBCRAOf I i / RoaDBtO 1 \ , FL --— ((A,6 II u1N, i FT. (5 rt. aIN. rixIl!HMI OPTICS) S Fit NIN. I !-RrRELINE ((I 1 I. UrN,) (S Ft. ul((I. TON TIB OPTICS) ® ( FT. i1I1I, 1. FIOEII OPTICS) I j .-CASINO PIPE PRE No+E 3 B¢I 4 I I I K._______. 100FT 4 (, 364Fr. . FORMULA TO FIGURE CASING . 480FT. . LENGTH WITH ANGLE OF ISOmott zl CROSSING OTHER THAN 900 NOTES I (CASING LENGTH NHEN MEASURED ALONG PIPELINE.) f�, I) ALL HORIZONTAL DISTANCES TO BE MEASURED AT RIGHT ANGLES'FROM( OF TRACK, EXCEPT AS NOTED. SINI� �+f''2 2) CASINO MUST EXTEND A MINIMUM OF 3O' OUT FROM 4. OF TRACK, MEASURED AT RIGHT ANGLES. G 3l CASING MATERIAL I STEEL, RIGID METALLIC CONDUIT INO PVC). MIN.DIST, {"*E'3 4) MINIMUM OF 50' FROM THE END OF ANY RAILROAD BRIDGE, Q OF ANY CULVERT, OR FROM ANY SWITCHING AREA, 'NGTt t'I 5) SIGNAL REPRESENTATIVE MUST BE PRESENT DURING INSTALLATION IF RAILROAD SIGNALS ARE IN THE VICINITY OF CROSSING. 6) ALLOWABLE FIXED OBJECTS INCLUDE: BACKWALLS OF BRIDGES; Q. OF ROAD CROSSINGS D OVERHEAD VIAOUCTS (GIVE ROAD NAME), OR( OF CULVERTS. 7) CASING AND CARRIER PIPE MUST BE PLACED A MINIMUM OF 2 FEET BELOW THE EXISTINO FIBER OPTIC CABLE. ANY EXCAVATION REQUIRED WITHIN 5 FEET OF THE EXISTING FIBER OPTIC CABLE MUST BE HAND DUG. A) IS WIRELINE CROSSING WITHIN DEDICATED STREET" YES; X N0; EXHIBIT ".�" 2. ,IBA,n(t.g..41 4411,-11G MO Won ,N IR,S Wm B) IF YES, NAME OF STREET _ CI TYPE WIRELIKE CROSSING: TELEPHONE: TELEVISION; X FIBER OPTIC; ANION PAC��A I LROAD CO. OTHER; 4"HOPE conduit within NGS liner plate tunnel � �/i�L'D) VOLTAGE TO BE CARRIED UNDER TRACK N6 NO. OF WIRES_ .AMIYISIOYI E) CASING TYPE TO BE INSTALLED TUnneiNnerplate" �G M. P. �j.1431 E. S. 1,/374 /i�6:, ,f F) METHOD OF INSTALLING CASING PIPE UNDER TRAMS): '7 DRY BORE ANO JACK (WET BORE NOT PERMITTED); UNDERGROUND W I RE I NE CROSSING X TUNNEL; OTHER Tunneling shield with liner Plates* .0 `_ 4Q‘4, �s Nam• G) DISTANCE FROM CENTER LINE OF TRACK TO NEAR FACE OF BORING AND /NFAAisT :fanv ( Ntoism'. JACKING PITS WHEN MEASURED AT RIGHT ANGLES TO TRACK 100' O� 130' MIN,I FOR e'7`Y emmist HI DISTANCE TO NEAREST ROAD CROSSING WITH SIGNAL LIGHTS OR GATES IAP7LICAArI ( IF LESS THAN ONE MILE) RR F 1 LE NO.'NSY/DATE 3ei N I) APPLICANT HAS CONTACTED I-800-336-9193, WARNING U. P. COMMUNICATION DEPARTMENT, AND HAS DETERMINED FIBER OPTIC CABLEA_DOES; DOES NOT; EXIST IN VICINTY OF IN ALL OCCASIONS, D. P. rotwAtICATIONS WORK TO 8E PERFORMED. TICKET NO.20130717022 DEPARIMCNO VUST OE CONTACTED IN ADVANCE 'NGS liner plate tunnel permitted under UPRR File NO.02854-13 OF AN OCAtION OF/IPERINt OPTIC:CAOLEE AND NGS.North Gravity Sower PRONE I-1100-33S-9 Ill) South Interceptor Force Main PLACE ARROW INDICATING NORTH _ FORM DR-0404-B DIRECTION RELATIVE TO CROSSING �Q REV. 10.9.2012 N �.�.o www.uprr.com ,�0v ENCASED NON-FLAMMABLE e�epv PIPELINE CROSSING sty * 4,.. NOTE: ALL AVAILABLE DIMENSIONS MUST BE o 2. ,?'ck• NO SCALE_ FILLED IN TO PROCESS THIS APPLICATION. 00 RR'S R/A' y4. 2V' 1- FT. ... _ AS''k -A FT, s c 517 FT. H I'T.t;T-. oQryj ,,� 252FT. e—TQ OMAHA o a 86 28 '5.524• �w to --. I I,EAREST R.R. TOANT A.1 VAIN TRACK L (1A'EGLE OF CROSSING)GO) 1 LEANEST R.R. T0AY1 I I 1 1 1 Nam`. I I I 1 iI i I 1 I ITI I I I I N I 'I I f I I I 1 4`, o �End of UPRR Missouri f A�(0� 4, (DESCRIBE FIXED OBJECT) ��*g.. �a a River Bridge Structure VD?JA't' ` IOIS1Af.CE ALONG TRACK FRE.SECTION LINE CR05SING1 1 0 T. 2`�.y0 . '0 < 1758FT�__.__ ,. A,° (1:OTE: THIS DIVENSION REQUIRED IN ALL CASES. AT LOCH)IONS NOT USING SECTIONS, DISTANCE TO A LEGAL SUNSET LINE IS REQUIRED) — RR'S RiA- 0 J 89 FT. .t 14FT. H< 252FT. V CROU 'I S. GIST I I O SURFACE a T' ¢I f-SUBGRADE I ROADBED \ 64 FT, I • tF T. SEAL CASINO SEAL CASING If— CASINGPIPET ( I '' T t /� — I 1 CARRIER PIPE \..., f_____i VV / B ® I,/ .QI I ,// 1 - 90 FT, r----- --Aj k 345 F T. I 465 FT. —H A _ 465 FT. —_ -- H (CASING LENGTH AdEN VEASURED ALONG PIPELINE.) NOTE. REFER TO AREASA VOLUME 1 PART 5 FOR REQUIREMENT RELATING 70 PIPELINE CROSSINGS. A) IS PIPELINE CROSSING WITHIN DEDICATED STREET ? YES; X NO; EXHIBIT "A'.3 B) IF YES, NAME OF STREET 110t PAILMD.9 ESL VA" 0) DISTRIBUTION LINE OR TRANSMISSION LINE X CI CARRIER PIPE : UNION PACIFIC RAIL ROAD CO. COMMODITY TO BE CONVEYED Sewage-Sanitary i I , OPERATING NESSS 046 IN ;DIAMETIER 48 ;MATERIAL DIP ; F ` WALLL THICKNESS ISSDJIVINICs, KNESS E) CASING PIPE M. P -I I E. S (• ' WALL THICKNESS 7 Gau9e ;DIAMETER 84 ;MATERIAL CGLP` ; NOTE :CASING MUST HAVE 2" CLEARANCE BETWEEN GREATEST ENCASED - (' ' CROSSING AT OUTSIDE DIAMETER OF CARRIER PIPE AND INTERIOR DIAMETER OF l .,[.tr )1' i , I CASING PIPE. WHEN FURNISHING DIMENSIONS, GIVE OUTSIDE OF CARRIER PIPE AND INSIDE OF CASING PIPE. ,suacsl CIIVI MAW) I AIAIEI F) METHOD OF INSTALLING CASING PIPE UNDER TRACKIS): (,' ; / t C I (` ..I4, (. r DRY BORE AND JACK (WET BORE NOT PERMITTED) ; , rp,,tc.+�1, X. TUNNEL ; OTHER Tunneling Shield with Liner Plates ') 'RR FILE NO '4;. DATE r ; ' r G) WILL CONSTRUCTION BE BY AN OUTSIDE CONTRACTOR? X YES; NO; H) DISTANCE FROM CENTER LINE OF TRACK TO NEAR FACE OF BORING AND WARM G JACKING PITS WHEN MEASURED AT RIGHT ANGLES TO TRACK 90 I) APPLICANT HAS CONTACTED I-600-336-9 193, (TO' 1.11 N.) IN ALL OCCASIONS, u. P. cOVw0FIICAT IONS U. P. COMMUNICATION DEPARTMENT, AND HAS DETERMINED FIBER o ANY BO MUST BE CONTACTED ADVANCE OPTIC CABLE X DOES OF ANY ATI TO O FIBERI OE EXISTENCE CBE. AYO DOES NOT ; EXIST IN VICINITY OF IOCATIOR Of FIBER OPT IC CABLE. WORK TO BE PERFORMED , TICKET NO. 20130717021 PHONE : I-800-7J6.91R3 *CGLP=Coated Galvinized Liner Plate Form Approved,AVP-Law 07/25/06 EXHIBIT B To CONTRACTOR'S RIGHT OF ENTRY AGREEMENT Section 1. NOTICE OF COMMENCEMENT OF WORK-FLAGGING. A. Contractor agrees to notify the Railroad Representative at least ten (10) working days in advance of Contractor commencing its work and at least ten (10) working days in advance of proposed performance of any work by Contractor 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 ten (10)-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 4831-4070-1466.2 five (5) days notice prior to the cessation of the need for a flagman. If five(5)days notice of cessation is not given, Contractor 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 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. 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 4831-4070-1466.2 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. Section 6. PERMITS-COMPLIANCE WITH LAWS. 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 4831-4070-1466.2 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 (i) 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. In addition to the rights and obligations of Railroad and Contractor,respectively, set forth above, and not as a limitation thereof, Contractor agrees that if, in the course of performance of Contractor's work described in the Recitals of this Agreement, the ability of Railroad to operate trains over and across Railroad's track(s) where such work is being performed is interrupted or adversely affected, as determined by Railroad in its sole discretion, then Contractor shall pay to Railroad, upon demand, the sum of$20,000 per each hour, or portion thereof, that Railroad is unable to operate its trains over and across such track(s). If such interruption continues for 12 hours, then Contractor agrees that Railroad shall be entitled to take such actions as Railroad deems necessary or appropriate to re-commence operation of trains at such location, and Contractor shall reimburse Railroad immediately upon demand and presentation of an invoice for all costs and expenses incurred by Railroad in taking such actions. C. 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. D. 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. E. 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 upon or used by Contractor in any attempt to assert liability against Railroad. F. 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 4831-4070-1466.2 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 impair 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, and shall require all subcontractors to maintain the insurance coverage required to be maintained by Contractor as provided in this Agreement, and to indemnify Contractor and Railroad to the same extent as Railroad is indemnified by Contractor under this Agreement. 4831-4070-1466.2 Form Approved,AVP-Law 08/24/06 EXHIBIT C To CONTRACTOR'S RIGHT OF ENTRY AGREEMENT Union Pacific Railroad Company Insurance Provisions For Contractor's Right of Entry Agreement 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 the 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. 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 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(s) affected by this Agreement. • 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 excel 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. 4831-4070-1466.2 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 35 12 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 included when the scope of the work as defined in the Agreement includes installation, temporary storage, or disposal of any "hazardous" material that is injurious in or upon land, the atmosphere, or any watercourses; or may cause bodily injury at any time. 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. 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 form 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. 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. 4831-4070-1466.2 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(s)in which the work is to be performed. 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. 4831-4070-1466.2 Form Approved,AVP-Law 07/25/06 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. 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 specific job 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 4831-4070-1466.2 ■ 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. (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: • Familiar and comply with Railroad's rules on lockout/tagout of equipment. • Trained in and comply with the applicable operating rules if operating any by-rail equipment on-track. • 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. 4831-4070-1466.2 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 or work 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 only when track and equipment have been protected against movement. E. All employees must comply with all federal and state regulations concerning workplace safety. 4831-4070-1466.2 C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: s • WHEREAS, the City of Omaha requires a dual pipeline crossing of the Union Pacific Railroad (UPRR) to complete project OPW 52223, being the South Interceptor'Force Main — North Segment, at the UPRR's Mile Post 2.49 & 2.50, Omaha Subdivision/Brancli, located near 4th Street north of Pacific Street; and, WHEREAS, UPRR is amenable to this crossing under the terms and conditions set out by the attached Pipeline Crossing Agreement, which by this reference becomes a part hereof, and for a license fee of$25,165.00; and, WHEREAS, the cost of this fee has been set aside as a part of the project budget and will be paid from the Sewer Revenue Improvement Fund 21124, CSO Control Implementation Organization 116918; Sewer Revenue Bonds will be issued to finance this project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, as recommended by the Mayor, the Pipeline Crossing Agreement between the City of Omaha and the Union Pacific Railroad setting out the terms and conditions, and providing for the license for a dual pipeline crossing at Mile Post 2.49 and 2.50, Omaha Subdivision/Branch, located near 4th Street north of Pacific Street, as is required for the completion of OPW 52223, being the South Interceptor Force Main — North Segment, is hereby approved; and THAT, the Finance Department is authorized to pay the one-time license fee for this crossing in the amount of$25,165.00 from the Sewer Revenue Improvement Fund 21124, CSO Control Implementation Organization 116918; Sewer Revenue Bonds will be issued to finance this project. 183 lhtp APPROVED AS TO FORM: Zig/;:i.0/L-1 /-1" ) 4QITY ATTORNEY DATE By Councilmember Adopted MAY - & 6 -6 City Clerk ,---7/7y Approv �^-x Mayor NO. )( P S- Resolution by Res. that, as recommended by the Mayor, the Pipeline Crossing Agreement between the City of Omaha and the Union Pacific Railroad 1 setting out the terms and conditions, and providing for the license for a dual pipeline crossing at Mile Post 2.49 and 2.50, Omaha Subdivision/Branch, located near 4th Street north of Pacific Street, as is required for the completion of OPW 52223, being the South Interceptor Force Main - North Segment, is hereby approved; and that the Finance Department is authorized to pay the one-time license fee for this crossing in the amount of $25,165.00 from the Sewer Revenue Improvement Fund 21124, CSO Control Implementation Organization 116918; Sewer Revenue Bonds will be issued to finance this project. l 83 l Ahtp Presented to City Council MAY - t 2014 Adopted Busier grown, City Clerk