ORD 35301 - Relieve Burlington Northern Sante Fe Railway Company and Union Pacific Railroad Company from maintenance obligations re 10th St viaduct south of jackson St •
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o�°,'"H "4e„ RECEIVED Public Works Department
�'t.4111.,{'�� Omaha/Douglas Civic Center
aYirie r! 00 AWL 25 A 10. 09'
•", �,� 1819 Farnam Street,Suite 601
®, 'rC1 Omaha,Nebraska 68183-0601
July 25, 2000 (402)444-5220
o4reD FE.B103� CITY CLERK• Telefax(402)444-5248
C; of Omaha O M A H A, H E B R A,S K I, Don is.Elliott,P.E.r
$' Public Works Director
Hal Daub,Mayor
Honorable President
and Members of the City Council;
Transmitted herewith is an Ordinance approving the Construction Agreement, recommended by the
Mayor, between the City of Omaha, the Union Pacific Railroad Company and the Burlington Northern
Santa Fe Railway Company relative to the replacement of the 10th Street viaduct south of Jackson.Street.
The existing 10th Street viaduct is scheduled to be removed from service and a new viaduct constructed.
This project has been programmed for utilization of Federal Aid and, by this Agreement, participation by
the Railroads is being authorized to fund this replacement project.
The Construction Agreement details the responsibilities of the City and the Railroads as well as the
specific financial responsibilities of the parties in the removal and construction of the replacement viaduct
and the roadway approaches to the structure. Briefly, the Railroads have agreed to pay the local share
(20%) of the cost of the removal and construction of the 10th Street structure, as well as participating in
the costs for design and,project management;the City of Omaha will be responsible for the local shares of
the Western Heritage ramp structure, roadway work and necessary right-of-way, and portions of design
and project management costs.
The City's share of the project costs will be paid from the Street and Highway Bond Organization 1509,
1996 Street and Highway Bond Issue No. 2 (year 2000 funding),Agency 140, Fund 305.
The Public Works Department requests your consideration and recommends your approval of this
Ordinance and Agreements.
Respec ully submitted, Referr City Council for Consider i
ug*
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Elliott P.E. /
erector ayor s Offi "'Fide
Approved as to Funding: This action has en reviewed and found to be in
reititvt-J
/ conformance with the Master Plan.
7/2l50 LkA ? 2 ,od
Stanley P. T. m Ul Ebert C.Peters
Acting Finan e Director U Acting Planning Director
P:\PW2\5353pjm.doc
• STATE OF NEBRASKA
DEPARTMENT OF ROADS R 't i€I V E 0
John L. Craig,Director ,o�
1500 Highway 2 C ��• °�'
PO Box 94759 0 FG LI ^
Lincoln NE 68509-4759 �8 id 9' 16
w, � :fm.
Phone(402)471-4567 �,d OMAH 4 �'
FAX(402)479-4325 February 7, 2001 e•-„'=
www.dor.state.ne.us CITY CLERK
NEBRASKA +
• qR
Mike Johanns
Governor
Mr. Buster Brown
Clerk
Omaha/Douglas County Civic Center
1819 Farnam St
.Omaha NE 68183
Re: Project No. BRM-5103(9)
Control No. 21862
Agreement No. XL0108
Dear Mr. Brown: •
Enclosed is one executed original between the City of Omaha, the Burlington Northern and Santa
Fe Railway Company and the Union Pacific Railroad Company that was approved by the State
Department of Roads.
We are providing this executed and approved original for your files.
Sincerely,
Cd6WYW
Je ry Adams
Hwy. Agreements Tech.
Project Development Division
JA/G1-A6 -
Enclosure •
xc: J. R. Jacobsen, District 2 Engineer
M. R. Lech, District 2
E. Poppe
K. Fredrickson •
R. Hogg •
L. Green
B. Lamphere
File
An Equal Opportunity/Affirmative Action Employer
printed on recycled paper
AGREEMENT
PROJECT NO.BRM-5103(9),C.N.21862 `►OP 1
CITY OF OMAHA SPECIAL PROJECT NO.90-23
UNION PACIFIC RAILROAD COMPANY
THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY (FORMERLY KNOWN AS
CHICAGO,BURLINGTON AND QUINCY RAILROAD COMPANY) RRBR 16.78,DOT#074 686T
CITY OF OMAHA
CONSTRUCTION OF VIADUCT LOCATED ON 10TH STREET SOUTH OF JACKSON STREET, OMAHA,
NEBRASKA
THIS AGREEMENT,dated ,executed in quadruplicate by and between the Union
Pacific Railroad Company, a Delaware Corporation, and the Burlington Northern and Santa Fe Railway Company
1.
(formerly known as the Chicago,Burlington and Quincy Railroad Company),hereinafter collectively referred to as
the "Railroads" and sometimes individually referred to as the "UPRR", and the "BNSF", Party of the First Part and
the City of Omaha, a Municipal Corporation of the State of Nebraska,hereinafter referred to as the "City", Party of
the Second Part.
WITNESSETH:
WHEREAS, Federal funds are available for the purpose of eliminating hazards of life at railroad grade
crossings;and,
WHEREAS, Federal funds are also available for the construction of new and reconstruction of existing
viaducts,and,
WHEREAS, the roadway traffic overpasses the trackage, right-of-way and facilities of the Railroads
located at 10th Street South of Jackson Street in Omaha, Douglas County, Nebraska, by means of an existing
viaduct;and,
WHEREAS, the parties hereto desire to remove the existing viaduct and construct a new 5 lane structure
including new super-structure, sub-structure and approach roadway as shown on the plan sheet attached hereto,
identified as Exhibit"B",Plan and Elevation Views,Pages 1 to 5 incorporated by reference herein,and hereby made
a part of this Agreement;and,
WHEREAS, the above construction will be accomplished under the project designation of Project BRM-
5103(9)and City Special Project 90-23;and,
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WHEREAS, additional temporary and permanent rights and acquisition areas needed from the Railroads
— for this project will be granted to the City under separate,recordable Agreements;and,
WHEREAS, it is the desire of the parties hereto that the above described necessary construction work be
financed utilizing 80% Federal funds and 20% funds as hereinafter provided in Exhibit "E", with the project to be
administered by the State of Nebraska(hereinafter"State");and,
WHEREAS, if the Railroads enter into a contract or agreement with a contractor to perform any of the
work, which they are required to perform under the terms of this Agreement by reason of the construction of this
project,the Railroads,for themselves,their assigns and successors in interest,agree that they will not discriminate in
their choice of contractors and will include all the nondiscrimination provisions set forth in Exhibit "C" attached
hereto,incorporated by reference herein,and made a part hereof in any such contract or agreement.
NOW,THEREFORE,in consideration of these facts and the mutual covenants contained herein,the parties
hereto agree as follows:
SECTION 1. As provided in this Agreement,the Railroads hereby grant unto the City the right to remove
the existing viaduct and construct the new viaduct generally as shown on the attached Exhibit "B", Plan and
Elevation, and to maintain,repair,renew and use said viaduct in the future at,on and over that portion of their right-
of-way as shown and described on attached Exhibit"A's" without compensation other than the performance of this
contract by the City. The City agrees to fully protect the Railroads interests in any agreement it makes with a
Contractor to perform any or all of the work and to include the provisions of this Contract that obligate the
Contractor in any such agreement,including,but not limited to,"Protection of Utilities,Written Notices to Railroads
and Others, and Protection of Railroad Property and Property of Others". The City agrees to include the provisions
of Exhibit"G" in any agreement with a contractor. However,if there is a conflict between this Contract and Exhibit
"G", the terms in the Contract will control. In addition, the City also agrees to include in any agreement it reaches
with a contractor a requirement that the contractor enter into an agreement with the BNSF in the form of the
attached Exhibit"H".
SECTION 2. The express covenants, rights, and obligations contained herein and in the separate Rights
Agreements between the parties hereto shall be limited to such Agreements. In no event shall they act, or be
interpreted to act, as a waiver, either expressed or implied, of any heretofore existing rights, demands, or defenses
which may be available to either party; PROVIDED,however,the City shall not assess the Railroads for any future
maintenance, repair, renewal or improvements made to the viaduct or adjacent street, except for any damages or
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injury to the viaduct, supporting structure, and/or easements, which are caused by the sole or contributory
negligence of the Railroads.
SECTION 3. By separate instruments attached hereto and incorporated by reference herein as Exhibits "F-
1" and "F-2", the Railroads shall grant to the City the temporary and permanent Rights described therein and
required by the City for construction and maintenance of the proposed viaduct structure and appurtenant facilities.
SECTION 4. The City agrees to notify the Railroad before undertaking any work at or upon said viaduct
which may interfere with or be a real or potential hazard to the passage of trains or other railroad operations and
agrees to provide special provisions to insure payment for all expenses for watchmen, flagging or other protective
services which the Railroads may deem necessary whenever such work is being performed upon or above said
viaduct by the City's Contractor.
SECTION 5. The Railroads hereby agree to notify the City prior to undertaking the use of air space over
the aforesaid permanent Rights, and prior to starting the construction of any fixed installations other than its
customary signal and communication facilities within 8 feet from the'underside of said viaduct or including any
construction within the horizontal limits of such permanent Rights area. It is understood that such use is not to
decrease the safety to the roadway facility and roadway traffic and is not to unreasonably interfere with the
maintenance,repair and enjoyment of the roadway facilities.
SECTION 6. Before any communication or power line wires or pipe lines, other than those of the
Railroads and their tenants, are constructed on, above or below the land with respect to the permanent Rights area
are granted for roadway purposes to the City across or on the right of any of the Railroads,the owners or persons in
control of such wires or pipe lines shall obtain the written approval of their plans from the City and shall enter into
an agreement with the Railroads utilizing the contract which is then in common and workable use for the Railroads
in their ordinary course of business, while protecting herein the City's interest in the public use and enjoyment of
said roadway including the subject viaduct.
SECTION 7. The Railroads, insofar as they have the right and authority to do so, agree to forbid the
construction, location or emplacement of any facility, building, structure or advertising device by any third parties
within the horizontal limits of the permanent Rights area without the prior written consent of the City.
SECTION 8. Detailed plans and specifications for the construction of the viaduct and removal of the
existing structures shall be prepared or be caused to be prepared by the City. All plans and specifications affecting
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the interests of the Railroads will be furnished to the Public Project Engineer of the Union Pacific in Omaha,
Nebraska and the Manager Public Projects of the BNSF in Lincoln, Nebraska, or their authorized representative.
Such plans shall provide for the minimum vertical and horizontal clearance as have been agreed to and approved,by
the Railroads. The City further agrees that,upon completion of the construction,the City will furnish the Railroads
with reproducible"as constructed"plans of such structure.
SECTION 9. None of the work contemplated under the provisions of this Agreement shall be undertaken
until the detailed plans and specifications for said work has been coordinated between the Public Project Engineer of
the UPPR in Omaha, Nebraska and the Manager Public Projects of the BNSF in Lincoln, Nebraska, and the City
Engineer, or their duly authorized representatives, and said plans and specifications are approved in writing by the
parties hereto.
SECTION I0. No changes in the approved plans for this project affecting the interests of the parties hereto
shall be made without consent in writing of all parties hereto.
SECTION 11. Detailed estimates of the cost of the work to lie performed by the UPRR and/or BNSF shall
be prepared by the UPRR and/or BNSF,respectively. The Federal-Aid Policy Guide issued by the Federal Highway
Administration on December 9, 1991 and contained in 23 CFR 140 Subpart I and 23 CFR 646, through this
reference, is made a part of this Agreement and the estimate of costs and the final bill for such work shall be
consistent with the provisions outlined in the said manual pertaining to work performed by and reimbursement to the
Railroads.
All costs, excepting all administrative costs or expenses of administrative officials incurred by the City
with respect to the entire project shall be considered as a part of the cost of this project and will be paid with 80%
Federal,2.75%City and 17.25%Railroad funds,as hereinafter provided in Exhibit"E".
The City agrees to pay the State the City's share of the cost of the project in the following manner:
When the construction contract is awarded by the State, the State will bill the City for 20% of all known
State incurred expenses eligible for Federal participation and 100% of all known State expenses not eligible for
Federal participation.Thirty days prior to beginning construction,the State will bill the City for an additional
$ 25,000 which is approximately one months advance of construction costs. The State will thereafter bill the City
for 20% of the Contractor's progress estimates. When the City's initial two payments plus the City's share of the
progress estimates equals the City's estimated share of the project costs, such billings will cease until all project
costs are known; except, if project costs overrun the estimated costs, the City will be billed for its share of such
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overrun. When the project is completed and all costs are accumulated, the State will prepare and submit a final
statement to the City showing the refund due to Or the additional payment due from the City. The City understands
that the State may, at its discretion, initiate progress invoices for costs incurred by the State during the progression
of the project.The City agrees to pay the State within thirty days after receipt of a billing from the State.
The Railroads agree to pay to the City the Railroad's share of the cost of the project in the following
manner:
Upon the State's award of a construction contract, the City will bill each Railroad at this time $25,000,
which represents a partial payment of each Railroad's share of the project construction costs.
The City will bill the Railroads no more often than monthly for the Railroads shares of the project's
progressive costs 'during construction. When the Railroads initial payment plus their share of progressive costs
equal,the Railroads estimated share of the project costs, such progressive billings will cease. When all project costs
are known, and if project costs overrun the estimated project costs, the Railroads will be billed for their share of
such overrun. The City shall notify the Railroads when it becomes aware that the actual project costs are exceeding
the estimated project costs,and the extent of such overrun.
When the work is completed and actual costs accumulated, the City will prepare and submit to the
Railroads a final statement showing the payment/refund due from/to the Railroads.
The City has prepared and attached hereto,an estimate, identified as Exhibit"E" and made a part hereof, of
the proposed work. Based upon this estimate, the UPRR's share of the project is estimated at $1,990,700 and the
BNSF's share is estimated at$594,395.
SECTION 12. The parties hereto shall construct or cause to be constructed, in substantial accordance with
the approved plans and specifications,the following items of work for the construction of the viaduct.
A. WORK BY THE CITY.
1. The City shall remove,or by agreement with others cause to be removed,the existing viaduct, and
shall construct, or by agreement with others cause to be constructed, the viaduct, viaduct approaches, roadway
surface, necessary drainage facilities in connection therewith, signal/communication support devices and other
roadway facilities,all at project expense,as shown on the plans attached hereto,identified as Exhibit"B".
• 2. ' The City shall prepare,or cause to be prepared by others, plans and specifications for all work to
be accomplished under this Agreement. These plans shall be furnished to and approved by the parties hereto before
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construction of this project. No deviation from the approved plans will be allowed without prior approval of all
parties. - - —
3. The City shall perform the work specified under sub-paragraph 1 and 2 within a time period of
five(5)years from the date this Agreement is fully executed.
4. The Railroads are agreeable to an automatic year to year extension if work is not completed within
the five(5)years contemplated. Each extension period must be requested by the City in writing.
5. Fiber optic cable systems may be buried on the BNSFs property. The City or its contractor(s)
shall telephone the BNSF at 1-800-533-2891 (a 24-hour number)to determine if fiber optic cable is buried anywhere
on BNSF premises. If it is, the City or its contractor(s), at their expense, will telephone the telecommunications
company(ies)involved, arrange for a cable locator, and make arrangements for relocation or other protection of the
fiber optic cable prior to beginning any work on the BNSF's premises.
6. Fiber optic cable systems may be buried on the UPRR's property. The City or its contractor(s)
shall telephone the UPRR at 1-800-336-9193 (a 24-hour number)'to determine if fiber optic cable is buried
anywhere on UPRR premises. If it is, the City or its contractor(s), at their expense, will telephone the
telecommunications company(ies) involved, arrange for a cable locator, and make arrangements for relocation or
other protection of the fiber optic cable prior to beginning any work on UPRR's premises.
7. In addition to the liability terms elsewhere in this document,the City shall,to the extent and in the
manner allowable under Nebraska Law, indemnify and hold the Railroad Companies harmless against and from all
cost, liability and expense whatsoever (including the Companies' fees and court costs and expenses) actually
incurred arising out of or in any way contributed to by any negligent act or omission of the City and its employees,
agents or contractors for any damage to or destruction of any telecommunications system by the City and its
employees on the Railroad Companies'properties.
B. WORK BY THE "RAILROADS"
1. The Railroads shall perform, or cause to be performed, at project expenses, necessary temporary
and permanent alterations of their respective telephone, telegraph, and signal lines and their respective signals. The
Railroads each agree to furnish to the City a drawing showing present and proposed locations of their respective
existing utilities.
2. The Railroads shall construct temporary grade crossings as provided under Section 17 of this
Agreement.
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3. The Railroads shall also perform,at project expense, such temporary and permanent alterations of
their respective tracks, fences and other railroad facilities as required by the construction of the viaduct,as indicated
on the plans approved by the railroad.
4. The Railroads shall provide, at project expense, their own engineering services for any force
account work undertaken by them on or in connection with this project. The Railroads shall also provide an
inspector or inspectors for work performed by the City's contractor when, in the opinion of the Railroads,such work
might be considered hazardous to personnel,passengers,or freight in their care,or property of the Railroads.
5. The Railroads agree to prepare an estimate for any of the above work. This estimate will be
attached hereto,identified as Exhibit"D-1"and Exhibit"D-2",attached hereto,incorporated by reference herein and
hereby made a part hereof.
SECTION 13. Each party will, in carry' ing out the work set forth as provided herein, provide its own
necessary engineering and inspection services. All recommendations and representations of the Railroads through
their engineers and inspectors shall be made directly to the City's engineers assigned the responsibility of being in
charge of the project,and all expenses incurred for such engineering and inspecting will be included in the Railroads
statement of costs of work performed by them. The State, subject to the provisions hereof, shall reimburse the
Railroads for their actual and direct costs of engineering inspection services furnished by the Railroads for or in
connection with the work outlined herein,where such actual costs are separately itemized and shown.
SECTION 14. The Railroads shall provide,at the expense of the City's contractor, a flagman or flagmen or
other protective services in accordance with the provisions of the Federal-Aid Policy Guide at any time during the
construction of that portion of the project on, over or near the premises of the Railroads when, in the opinion of the
Railroads, it is necessary as a matter of protection and safety to track and train operations. As part of this
Agreement,the Railroads shall advise the City as to those conditions and requirements which, in their opinion, will
require the services of a flagman or flagmen or other protective services,and shall provide such other information as
required by the Federal-Aid Policy Guide, such as,but not limited to,wage rates,working hours,and overtime rates.
SECTION 15. All work provided to be done by the City on the right-of-ways of the Railroads shall be
done in a manner satisfactory to the Public Project Engineer of the UPRR in Omaha, Nebraska and the Manager
Public Projects of the BNSF in Lincoln, Nebraska or their authorized representative, and performed in such a
manner and at such times as not to interfere with movements of locomotives, cars, trains, or traffic thereover or
interfere with maintenance, repair-or replacement of Railroads trackage or other Railroad facilities. The City shall
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include in the plans for the project, if required, details for sheeting or otherwise protecting excavations for bents
and/or abutments next to or adjacent to railroad tracks. Upon request of authorized officials or persons of the
Railroads,the City shall require its contractor or contractors to discontinue, immediately,any practices or conditions
which, in the opinion of said authorized officials or persons of the Railroads, are unsafe or which might result in
significant delays to the operations of any of the trains, engines, or cars of the Railroads or damage to the track
roadbed, or telephone, telegraph, or signal wires of the Railroads or their tenants. Work will not again begin until
such unsafe condition has been corrected.
SECTION 16. The City shall require its contractor or contractors,upon the completion of the work of such
contractor or contractors,to remove from within the limits of the Railroad right-of-ways, all machinery, equipment,
surplus materials,•falsework, rubbish, ditches, or temporary buildings of such contractor and to leave the right-of-
way and the premises in a neat and orderly condition satisfactory to the Public Project Engineer of the UPRR in
Omaha, Nebraska and the Manager Public Projects of the BNSF in Lincoln, Nebraska or their authorized
representatives.
SECTION 17. Special requirements substantially in accordance with the following provisions, will be
included in the contract between the City and its contractor for the construction of the herein described viaduct and
are hereby incorporated in this Agreement.
CONTRACTOR'S INDEMNIFICATION
All contracts between the City and its contractor, for either the construction herein provided for or
maintenance work on the viaduct within any rights area described herein or shown on the exhibits attached hereto,
shall require the City's contractor to protect and hold harmless the Railroads and any other railroad company
occupying or using the Railroads right-of-way or lines of Railroads against all loss, liability and damage arising
from activities of the contractor, its forces or any of its subcontractors or agents; and shall further provide that the
contractor shall:
INSURANCE
A. Furnish to UPRR and BNSF a separate Railroad Protective Policy for each railroad naming them
. as the insured and in the form provided by the Federal-Aid Policy Guide. The combined single limit of each said
policy shall not be less than Two Million Dollars($2,000,000.00) for all damages arising out of bodily injuries to or
death of any person or persons and for all damages arising out of loss or destruction of or injury or damage to
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property in any one occurrence during the policy period, and subject to that limit, a total (or aggregate) limit of not -
less than Six Million Dollars($6,000,000.00)for all damages arising out of bodily injuries to or death of any person
or persons and for all damages arising out of or loss or destruction of or injury or damage to property during the
policy period. Said insurance policies executed by a corporation qualified to write the same in the State of Nebraska
shall be in form and substance satisfactory to the Railroads and shall be delivered to and approved by the Railroads
prior to the entry upon or use of its property by the contractor.
B. The City shall require it contractor or any of his subcontractors to carry regular Contractor's Public
Liability and Property Damage Insurance as specified in the Federal-Aid Policy Guide providing for a limit of not
less than One Million Dollars ($1,000,000.00) for all damages arising out of bodily injuries to or death of one
person, and subject to that limit for each person, a total limit of not less than Two Million Dollars($1,000,000.00)
for all damages arising out of bodily injuries to or death of two or more persons in any one accident and providing
for a limit of not less than One Million Dollars($1,000,000.00)for all damages to or destruction of property in any
one accident and subject to that limit a total (or aggregate) limit of not less than Two Million Dollars
($2,000,000.00) for all damages to or destruction of property during the policy period. A certified copy of the
policy providing said Contractor's Public Liability and Property Damage Insurance executed by a corporation
qualified to write the same in the State of Nebraska in form and substance satisfactory to the Railroads, shall be
delivered to and approved by the Railroads prior to the entry upon or use of the Railroads property by the
contractor.
C. The BNSF may, at its option and at City's expense, purchase insurance in the amount not to
exceed Two Million Dollars ($2,000,000.00) to provide protection against risks incident to the employment of
labor engaged in the performance of the BNSF's obligation required to be performed by the BNSF in conjunction
with the construction of this project. In the event the optional insurance is purchased, the BNSF shall cause to be
delivered to the City evidence of such a policy or policies covering its personnel engaged in, but not limited to,
force account work, flagging, inspection, supervision, of the work required to be performed in connection with this
project,prior to the beginning of such work.
D. The City shall require its contractor or any of its subcontractors to carry a Business Automobile
• Insurance Policy or equivalent policy with minimum limits of One Million Dollars ($1,000,000) for bodily injury
and' property damage per occurrence on all vehicles which the contractor or subcontractors, their agents or
employees may use at any time in connection with the performance of the work on this project. A certified copy of
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the policy providing said Business Automobile Insurance executed by a corporation qualified to write the same in
the State of Nebraska, in form and substance satisfactory to the Railroads, shall be delivered to and approved by the
Railroads prior to the entry upon or use of the Railroad property by the Contractor.
E. The City shall require its contractor or any of its subcontractors to carry Worker's Compensation
Insurance as required by State Law and Sections 107.12 and 107.13 of the"State of Nebraska, Department of Roads
1985 Standard Specifications for Highway Construction"or any supplements or amendments thereto.
PROTECTION OF UTILITIES
Before the contractor begins any excavation for piers, abutments or pile drivings, he shall confer with the
official representatives of the City and the Railroads with regard to any overhead or underground utilities or services
which may be on'or near the site of the work. The contractor shall take such measures as the City may direct in
protecting these utilities properly throughout the construction operations except that with respect to overhead or
underground utilities not specifically mentioned or provided for herein as a part of this Agreement and which may
have to be moved, repaired, reconditioned or revised due to the construction work herein described, the parties
owning or operating such utilities shall perform the actual work of moving, repairing, reconditioning or revising
such utilities. Whenever or wherever such operations are undertaken by the Railroads or parties other than those
included in this Agreement, the Railroads agree to furnish to the City a drawing showing the present and proposed
location of the existing/proposed facilities being adjusted and/or relocated. The contractor shall cooperate to the
extent that ample protection of his work will be provided so that the entire project contemplated in the contract may
be expedited to the best interest of all concerned as judged by the engineer for the City
WRITTEN NOTICE TO THE RAILROADS AND OTHERS
A. The contractor shall give written notice to the Chief Engineers and Superintendents of the
Railroads and also shall notify all public or private utilities which are near the site of the proposed work concerning
the proposed beginning date of the work by the contractor. The notification to the Railroads shall be given at least
thirty(30)days in advance of the time the contractor expects to begin any excavation adjacent to any of the tracks of
the Railroads or expects to begin construction of any scaffolding or falsework or begin any construction work
' whatsoever on the right-of-way of the Railroads.
B. During the entire progress of work on or about the Railroads tracks or premises, the contractor
shall maintain contact and liaison with the proper officials representing the Railroads in order to determine the
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schedule of trains at the site of work or to clear railroad tracks and facilities of men,equipment, and obstructions to
permit free flow of railroad traffic. -
C. If the contractor desires access across the Railroads right-of-way and tracks at other than the
crossing authorized under this Agreement or at other than an existing and open public road crossing in or incident to
construction of the project, the Railroads will permit the contractor access across their right-of-ways and tracks,
provided contractor first executes a license agreement satisfactory to the Railroads and agrees to reimburse the
Railroads for the cost of providing and removing any temporary grade crossing, watchman expense, or other costs
which the Railroads deem necessary for protection of railroad property and operations. The contractor shall at no
time cross the Railroads right-of-ways and tracks with vehicles or equipment of any kind or character,except at such
crossing or crossings as may be established pursuant to this subsection.
PROTECTION OF RAILROADS PROPERTY AND PROPERTY OF OTHERS
A. All pits or openings near the Railroads tracks and right-of-way shall be covered at all times except
during the time required for actual operations in making such pits or performing work in said pits.
B. The contractor shall not place or permit to be placed or remain, piles of material or other
temporary obstructions closer than twelve (12) feet to the nearest rail of any track or closer than twenty-four (24)
feet above the top of any rail except that the construction forms and scaffolding may be placed no closer than twelve
(12)feet from the centerline of any such track.
C. Any changes necessary in the clearance set forth above shall be made only by special
arrangements in writing with the Chief Engineers and Superintendents of the Railroads or their authorized
representative.
D. The contractor shall use the utmost care in order to guard against accidents and shall cause no
interference with the operations of trains of the Railroads and others, or telephone, telegraph, or signal lines of the
Railroads or the property of any tenant on Railroads right-of-ways. The contractor shall use the utmost care in
guarding against accidents to underground and overhead public utilities and services at or near the site of the work.
E. All work to be done under this contract shall be performed by the contractor so as to prevent any
• interference with the use of the tracks, wires, signals, and property of the Railroads or their tenants, or the
underground or overhead services of public or private utilities, and the contractor shall be responsible for any
damage which he may cause and which is sustained by the Railroads,their tenants,employees, passengers, or freight
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or property owned by or in their care, or by the owners of any public or private overhead or underground services
caused by any interference which could have been avoided by the proper performance and reasonable care in
executing said work. The contractor shall discontinue immediately upon the request of the City's engineer, any
practices or actions which in the opinion of the City Engineer, or his duly authorized representative, are unsafe or
which have or may cause damage to underground or overhead service or public or private utilities, or which might
result in delays to the trains,engines,or cars, or damages to the track,roadbed,telephone,telegraph,or signal wires
of the Railroads. The Railroads shall immediately notify the City's Engineer of any such practices of the contractor
which come to their attention. The contractor shall take all precautions for the purpose of protecting the
embankment of the Railroads tracks as may be determined necessary by the Railroads authorized representative.
•
The contractor shall also take all precautions for the protection of underground and overhead services, either public
or private,as may be determined necessary by the.City's Engineer.
F. Flagging costs incurred by the Railroads as a result of the contractor's work shall be paid for
directly to the Railroads by the contractor. Before final payment is made to the contractor or contractors, by the
City,they shall provide evidence to the State that all charges incurred by the Railroads and billed to the contractor or
contractors for flagging or other protective services made necessary by this project have been paid to the Railroads.
project herein contemplated is to be financed from fun
ds
SECTION 18. It is understood that the p � p
appropriated by the Federal Government and expended under federal regulations, and that all plans, estimates of
costs, specifications, awards of contracts, acceptance of work and procedures in general are subject at all times to all
federal laws, rules,regulations,orders and approvals applying to it as a federal project; and the State will reimburse
the Railroads only in those amounts as provided by this Agreement for only such items of work and expense which
have received approval by proper federal authority.
SECTION 19. The State agrees to pay to the Railroads, subject to the provisions of this Agreement, upon
the receipt of their itemized bill, the eligible costs incurred by the Railroads in performing the work covered by this
Agreement, and to submit to the Federal Government the Railroads fmal itemized bill within a reasonable period
after receipt of said final bills. The Railroads agree to submit to the State their final bill, prepared in accordance
with the Federal-Aid Policy Guide, within a reasonable period after the completion of this work. PROVIDED,
however, that in lieu of the rental rates for equipment as specified in the Federal-Aid Policy Guide, the rental rates
for equipment and roadway machines employed by the Railroads in connection with the subject project shall be
those specified in the Railroads Accounting Department Billing and Contracts Bulletin, and its authorized
-12-
amendments which are current as of the date of this Agreement, which is hereby,through reference, made a part of
this Agreement. It is further agreed that detailed progress billings may be submitted by the Railroads based upon
actual force account work which has been completed, and the State will make progress payments based on such
billings subject to final audit by the State and Federal Highway Administration.
The Railroads and City shall each maintain all books, documents, paper, accounting records and other
evidence pertaining to costs incurred and shall make such materials available at their respective offices at all
reasonable times during the contract period and for three (3) years from the date of final payment under this
Agreement, such records to be available for inspection by either the Railroads or by the State and the Federal
Highway Administration, or any authorized representative of the Federal Government, and copies thereof shall be
furnished by the Railroads or City if requested by the other party.
SECTION 20. It is mutually agreed that the City may terminate this agreement at any time prior to the
actual award of contract to the successful bidder. In the event this Agreement is terminated by the City, it is
mutually agreed that the.City will pay to the Railroads all eligible costs as previously indicated above which are
incurred by the Railroads prior to the termination date of this Agreement. These costs must comply with the
regulations of the federal manual'mentioned above; however, they need not require federal approval to be
considered eligible for reimbursement by the City. Such notice of termination must be made in writing by the City.
SECTION 21. The Railroads, upon execution of this Agreement, do hereby grant to the City "exclusive
ownership" of the existing structure at no expense to the City. It is acknowledged by he parties hereto that the
present rights of the Railroads and City are governed by:
(a) Ordinances passed by the City Council of the City of Omaha; and,
(b) Resolutions passed by the City Council of the City of Omaha.
It is agreed that the City will,by City Council Ordinance, adopt this Agreement for the construction of said
viaduct. It is further agreed that,upon completion of said viaduct as set forth herein, all duties and obligations of the
Railroads as set forth in the existing Ordinance(s)adopted by the City Council of the City of Omaha,and as set forth
in the existing Resolution(s) passed by the City Council of the City of Omaha shall terminate and the provisions of
said Ordinances and Resolutions shall become null and void and of no further force or effect. Finally, upon
• completion of said viaduct, as provided herein, the City shall consent to the termination of the existing Agreement
by Ordinance.
-13-
SECTION 22. The parties hereto agree with respect to this project to comply with the Nebraska Fair
• Employment Practices Act as provided by Neb.Rev Stat.48-1101 through 48-1126(Reissue 1988).
SECTION 23. MINORITY BUSINESS ENTERPRISES
A. Policy
The Railroads agree to ensure that minority business enterprises as defined in 49 CFR Part 23 shall have
the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal
funds under this Agreement. Consequently,the minority business requirements of 49 CFR Part 23 are hereby made
a part of and incorporated by this reference into this Agreement.
B. Minority Business Enterprise Obligation
The Railroads agree to ensure that minority business enterprises as defined in 49 CFR Part 23 have the
maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part
with Federal funds provided under this Agreement. In this regard; the Railroads shall take all necessary and
reasonable steps in accordance with 49 CFR Part 23 to ensure that minority business enterprises have.the maximum
opportunity to compete for and perform contracts. The Railroads shall not discriminate on the basis of race, color,
national origin,or sex in the award and performance of FHWA assisted contracts.
Failure of the Railroads to carry out the requirements set forth above shall constitute breach of contract and,
after the notification of the FHWA,may result in termination of the Agreement or contract by the City. •
SECTION 24. Upon completion and acceptance by the City of the viaduct constructed as provided for in
this Agreement, subject viaduct will become the property of the City, and shall be maintained by the City or by
agreement with others providing for the maintenance of said structure, approaches and appurtenances at the City's
sole expense.In the event the structure is no longer used or is abandoned by.the City, the City, at its sole expense,
shall demolish and remove the structure.
SECTION 25. After completion and acceptance by the City of the said viaduct authorized by this
Agreement, the City agrees that prior to performing any maintenance, repairs or removal of said viaduct which may
reasonably be expected to affect the Railroads property or operations, the City will notify the Railroads of such
• proposed work and coordinate such activities with the Railroads as may be necessary to insure maximum safety and
minimum inconvenience to both roadway users and railway functions.
-14-
The City will require its contractor to furnish to the Railroads insurance in connection with the maintenance
work,repairs or removal of said viaduct. Said insurance shall be in accordance with the provisions of Section 17 of
this Agreement, except that the coverage limits shall be in the authorized amounts currently in use at the time the
work is performed.
The Railroads shall receive at least 48 hours advance notice of any maintenance work performed at the
structure that may impact the Railroads property or its rail operations.
Should the City fail to maintain the viaduct structure,which may cause some risk to the Railroads safe rail
operations, the Railroads shall so notify the City to have the repairs performed immediately. In the event that the
City fails to perform the repairs in a timely fashion,then the Railroads shall have the right to perform the necessary
repairs and the City shall pay the Railroads for the actual cost of all such work.
If the Railroads would require an engineering inspection service,in connection with the maintenance work
performed by the City's contractor, the City will reimburse the Railroads for their actual and direct costs of
engineering inspection services performed by the Railroads in connection with the maintenance work, where such
actual costs are separately itemized and shown.
- SECTION 26. The Railroads agree to notify the City's Engineer and the State's District Engineer twenty
(20) days in advance of the time they expect to begin their force account work so that the name and address of the
City's/State's supervising engineers may be furnished to the Railroads. The Railroads further agree to inform the
supervising engineers when work is to be performed and to cooperate with said engineers and furnish information
for their records of the labor,equipment,and materials used in the work.
Similarly, the City agrees to notify the Railroads twenty (20) days in advance of their contractor starting
work.
SECTION 27. General Compliance to Governmental Contracts.
1) APPLICABLE LAW
Parties to this contract shall conform with all existing and applicable city ordinances, resolutions,
state laws, federal laws, and all existing and applicable rules and regulations. Nebraska law will
govern the terms and the performance under this contract.
•
2) INTEREST OF THE CITY
Pursuant to Section 8.05 of the Home Rule Charter, no elected official or any officer or employee
of the City shall have a financial interest, direct or indirect, in any City contract. Any violation of
-IS-
.
this section with the knowledge of the person or corporation contracting with the City shall render
the contract voidable by the Mayor or Council.
3) MERGER
This contract shall not be merged into any other oral or written contract, lease or deed of any type
except for the construction contract between the City and the Contractor. This is the complete and
full agreement of the parties.
4) MODIFICATION
This contract contains the entire agreement of the parties. No representations were made or relied
upon by either party other than those that are expressly set forth herein. No agent, employee or
other representative of either party is empowered to alter any of the terms hereon unless done in
writing and signed by an authorized officer of the respective parties.
5) STRICT-COMPLIANCE
All provisions of this contract and each and every document that shall be attached shall be strictly
complied with as written, and no substitution or change shall be made except upon written
direction from the authorized representatives of all the parties.
6) NON-ASSIGNMENT
Upon abandonment of the structure,the structure shall be demolished and removed as set forth in
Section 24 hereof and the City shall not assign this agreement to any third party.
SECTION 28. This Agreement shall be binding upon the parties hereto,their successors or assigns.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their proper
officials thereunto duly authorized as of the dates below indicated.
c
2600
EXECUTED by the Union Pacific Railroad Company this !/day of •
ATTEST: UNION PACIFIC RAILROAD COMPANY
az/7 /-49-
CHIEF ENGINEER
-16-
TITLE:
EXECUTED bythe Burlington Northern and Santa Fe RailwayCompany this /5 dayof
>; P Y
A 1-1 EST: ) ..,,L_ THE BURLINGTON NORTHERN AND SANTA
FE R,AILWAY COMPANY
i
., / n / '70 TITLE:
fs /`` • , LJLOiizJ
o F0RM704)
ck.c.,,,,\-:*. w,.- .(e__, ac;1
-?law DepartiTO
EXECUTED by the City this CM- day of 4G�� ,
w,,,,
A I I EST: CITY $ r.SMA
►1 , I
CIT 6 MAYOR
APPROVED AS TO FORM:
.,,C C.S2 3 300
ASSIS NT CITY ATTORNEY D'A�E
2 i. .00/
Approved by the State this day of91/n-Goer_Are.7 .e14)' .
ATTEST:
7
D putt' irector--Harming-a, d ^a t o
b
-17-
•
l:.r
Exhibit "A"
OWNER'S LEGAL DESCRIPTION
•?:, •
THE WEST 44 FEET OF LOT 4 AND ALL OF LOTS 5 THROUGH 8,BLOCK 203,ORIGINAL CITY OF OMAHA,AS
SURVEYED AND LITHOGRAPHED,DOUGLAS COUNTY,NEBRASKA,TOGETHER WITH ADJOINING PARTS OF
• VACATED ALLEY AND VACATED 10TH STREET
• THAT PART OF LOTS I,2,3,AND 4,BLOCK 220,ORIGINAL CITY OF OMAHA,AS SURVEYED AND LITHOGRAPHED,
...u;-j�n., ' DOUGLAS COUNTY,NEBRASKA AS FURTHER DESCRIBED IN DEEDS IN BOOK 22 AT PAGE 537,BOOK 22 AT PAGE
• 538,BOOK 217 AT PAGE 139 AND BOOK 582 AT PAGE 491,EXCEPT THAT PART CONVEYED WITHIN DEED IN BOOK
• 583 AT PAGE 158.
• • LOT 4,BLOCK 219,ORIGINAL CITY OF OMAHA,AS SURVEYED AND LITHOGRAPHED IN DOUGLAS COUNTY,
NEBRASKA
- THE NORTHERLY 3300 SQUARE FEET OF LOT 5,BLOCK 219,ORIGINAL CITY OF OMAHA AS SURVEYED AND
- LITHOGRAPHED,DOUGLAS COUNTY,NEBRASKA,EXCEPT THAT PORTION CONVEYED IN QUIT CLAIM DEED IN
.t" • BOOK 583 AT PAGE 158 FILED MAY 28,1930. •
ACQUISITION LEGAL DESCRIPTION
A TRACT OF LAND IN A VACATED PORTION OF 10th STREET LYING EAST OF AND ADJACENT TO BLOCK 203 IN
• THE ORIGINAL CITY OF OMAHA,AS PLAITED AND RECORDED IN DOUGLAS COUNTY,NEBRASKA,BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: .
• COMMENCING AT THE SOUTHWEST CORNER OF LOT 5,BLOCK 219 OF SAID ORIGINAL CITY OF OMAHA;THENCE
h ; • NORTH 02°14'04"WEST ALONG THE EAST RIGHT-OF-WAY LINE OF VACATED 10i°STREET,A DISTANCE OF 35.901
,; {�'. METERS(117.79')TO THE SOUTHERLY RIGHT-OF-WAY LINE OF THE UNION PACIFIC RAILROAD;THENCE NORTH
.
'' . ' • 75°13'52"WEST ALONG SAID RAILROAD RIGHT-OF-WAY LINE,A DISTANCE OF 31.839 METERS (104.46')TO THE
WEST RIGHT-OF-WAY LINE OF VACATED 10th STREET;THENCE NORTH 02°13'49"WEST ALONG SAID VACATED
RIGHT-OF-WAY LINE OF 10th STREET,A DISTANCE OF 71.761 METERS (235.43')TO THE SOUTHEAST CORNER OF
LOT 8,BLOCK 203,SAID CORNER BEING THE POINT OF BEGINNING;THENCE CONTINUING NORTH 02°13'49"WEST '
;. ' ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 43.262 METERS (141.94');THENCE NORTH 87°46'11"EAST,A
DISTANCE OF 27.391 METERS (89.87')TO A LINE 3.048 METERS (10.00')WEST OF AND PARALLEL TO THE EAST
' RIGHT-OF-WAY LINE OF VACATED 10th STREET;THENCE SOUTH 02°14'04"EAST ALONG SAID PARALLEL LINE,A
i
DISTANCE OF 43.262 METERS (141.94')TO THE NORTH RIGHT-OF-WAY LINE OF VACATED MARCY STREET
EXTENDED;THENCE SOUTH 87°46'11"WEST ALONG SAID EXTENDED RIGHT-OF-WAY LINE,A DISTANCE OF
27.394 METERS (89.88')TO THE POINT OF BEGINNING.THE ABOVE DESCRIBED TRACT OF LAND CONTAINS 1185.0
SQ.M(12755 SQ.FT.)MORE OR LESS.
-'f..'. `. PERMANENT EASEMENT LEGAL DESCRIPTION
• A TRACT OF LAND IN A VACATED PORTION OF 10th STREET LYING BETWEEN BLOCKS 219 AND 220 AND THAT
. • PART OF VACATED MARCY STREET ADJACENT THERETO IN THE ORIGINAL CITY OF OMAHA,AS PLATTED AND
RECORDED IN DOUGLAS COUNTY,NEBRASKA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
•
COMMENCING AT THE SOUTHWEST CORNER OF LOT 5,OF SAID BLOCK 219;THENCE NORTH 02°14'04"WEST
•
ALONG THE EAST RIGHT-OF-WAY LINE OF VACATED 10i°STREET,A DISTANCE OF 35.901 METERS(117.79')TO
TIME INTERSECTION OF SAID EAST LINE OF VACATED 10a'STREET AND THE SOUTHERLY RIGHT-OF-WAY LINE OF
THE UNION PACIFIC RAILROAD,SAID INTERSECTION BEING THE POINT OF BEGINNING;THENCE NORTH 75°13'52"
•
WEST ALONG SAID RAILROAD RIGHT-OF-WAY LINE,A DISTANCE OF 31.839 METERS (104.46')TO THE WEST
RIGHT-OF-WAY LINE OF VACATED 10th STREET;THENCE NORTH 02°13'49"WEST ALONG SAID RIGHT-OF-WAY 1
LINE OF VACATED 10th STREET,A DISTANCE OF 71.761 METERS (235.43')TO THE SOUTHEAST CORNER OF LOT 8,
(CONTINUED)
CITY OF OMAHA
Public Works Department
Owner(s): UNION PACIFIC RAILROAD COMPANY :�"'?` Land Acquisition= 1185 SQ.M./12.755 S.F.
' Address: 1416 DODGE ST (REAL ESTATE) .•;•;•„•;e Permanent Easement=2278 SQ.M./24.520 S.F.
.....
OMAHA,NE 68102 N\\\y Temporary Easement=1974.3 SQ.M./21.250 S.F.
Project No. SP90-23 Project Name:
Tract No. oo
i,M,R,S) Date Prepared: 11/23/99 Revision Date(s): Page 1 of 3
f
•
is
•
•
• Exhibit "A"
• BLOCK 203;THENCE NORTH 87°46'1 I"EAST ALONG THE NORTH RIGHT-OF-WAY LINE OF VACATED MARCY
'- '.i,. •• • STREET EXTENDED,A DISTANCE OF 27.394 METERS (89.88')TO A LINE 3.048 METERS (10.00')WEST OF AND
PARALLEL TO THE EAST RIGHT-OF-WAY LINE OF VACATED 10t°STREET;THENCE SOUTH 02°14'04"EAST ALONG
° ' SAID PARALLEL LINE,A DISTANCE OF 17.392 METERS (57.06');THENCE NORTH 43°04'37"EAST,A DISTANCE OF
"J 4.287 METERS (14.06')TO THE EAST RIGHT-OF-WAY LINE OF VACATED 10thSTREET;THENCE SOUTH 02°I4'04"
EAST ALONG SAID RIGHT-OF-WAY LINE,A DISTANCE OF 66.692 METERS (218.80')TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED TRACT OF LAND CONTAINS 2278.0 SQ.M.(24520 SQ.FT.)MORE OR LESS.
•
TEMPORARY EASEMENT TRACT"A"LEGAL DESCRIPTION
•
•• A TRACT OF LAND LOCATED IN A PORTION OF LOTS 4 AND 5, BLOCK 219 AND A PORTION OF THE VACATED
ALLEY AND VACATED MARCY STREET ADJACENT THERETO, IN THE ORIGINAL CITY OF OMAHA, AS PLATTED
AND RECORDED IN DOUGLAS COUNTY,NEBRASKA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF LOT 5,OF SAID BLOCK 219;THENCE NORTH 02°14'04"WEST ,
' ALONG THE EAST RIGHT-OF-WAY LINE OF VACATED 10t°STREET,A DISTANCE OF 35.901 METERS(117.79')TO
THE INTERSECTION OF SAID EAST RIGHT-OF-WAY LINE OF VACATED 10i6 STREET AND THE SOUTHERLY RIGHT-
OF-WAY LINE OF THE UNION PACIFIC RAILROAD,SAID INTERSECTION BEING THE POINT OF BEGINNING;
THENCE CONTINUING NORTH 02'14'04"WEST ALONG THE EAST RIGHT-OF-WAY LINE OF VACATED 10h STREET,
A DISTANCE OF 66.692 METERS (218.80');THENCE NORTH 43104'3T'EAST,A DISTANCE OF 12.648 METERS (41.50');
•
THENCE SOUTH 02°14'04"EAST,A DISTANCE OF 1.540 METERS (5.05');THENCE NORTH 87°49'16"EAST,A
, • DISTANCE OF 2.275 METERS (7.46')TO A LINE 26.5 METERS (86.94')EAST OF AND PARALLEL TO THE CENTER
LINE OF 10th STREET;THENCE SOUTH 02°13'3T'EAST ALONG SAID LINE,A DISTANCE OF 77.487 METERS (254.22')
TO THE SOUTHERLY RIGHT-OF-WAY LINE OF THE UNION PACIFIC RAILROAD;THENCE NORTH 75°13'52"WEST
ALONG SAID RAILROAD RIGHT-OF-WAY LINE,A DISTANCE OF 11.771 METERS (38.62')TO THE POINT OF
• • • BEGINNING.THE ABOVE DESCRIBED TRACT OF LAND CONTAINS 827.1 SQ.M.(8902 SQ.FT.)MORE OR LESS.
•
•
TEMPORARY EASEMENT TRACT"B"LEGAL DESCRIPTION
A TRACT OF LAND IN A PORTION OF LOT 1, BLOCK 220 AND A PORTION OF LOT 8, BLOCK 203 AND VACATED
ALLEYS AND VACATED MARCY STREET ADJACENT THERETO,IN THE ORIGINAL CITY OF OMAHA,AS PLATTED
AND RECORDED IN DOUGLAS COUNTY,NEBRASKA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF LOT 5,BLOCK 219 OF SAID ORIGINAL CITY OF OMAHA;THENCE
F, - NORTH 02°14'04"WEST ALONG THE EAST LINE OF VACATED 10th-STREET,A DISTANCE OF.35.901 METERS(117.79')
TO THE SOUTHERLY RIGHT-OF-WAY LINE OF THE UNION PACIFIC RAILROAD;THENCE NORTH 75°13'52"WEST
ALONG SAID RAILROAD RIGHT-OF-WAY LINE,A DISTANCE OF 31.839 METERS (104.46')TO THE INTERSECTION
OF SAID RAILROAD RIGHT-OF-WAY LINE AND THE WEST RIGHT-OF-WAY LINE OF VACATED 10th STREET,SAID
INTERSECTION BEING THE POINT OF BEGINNING;THENCE CONTINUING NORTH 75°13'52"WEST ALONG SAID
RAILROAD RIGHT-OF-WAY LINE,A DISTANCE OF 11.810 METERS (38.75')TO A LINE 26.5 METERS (86.94')WEST
OF AND PARALLEL TO THE CENTER LINE OF 10ih STREET;THENCE NORTH 02°I3'37"WEST ALONG SAID LINE,A
• DISTANCE OF 78.706 METERS (258.22')TO A POINT ON THE SOUTH EXTERIOR FACE OF A BUILDING;THENCE
NORTH 87°43'02"EAST ALONG SAID EXTERIOR BUILDING FACE 6.500 METERS (21.33');THENCE NORTH 02°13'3T'
4 • WEST A DISTANCE OF 20.306 METERS (66.62')TO THE NORTH EXTERIOR FACE OF SAID BUILDING;THENCE
f.1;-:•":';.= •. •
SOUTH 87°43'02"WEST ALONG SAID EXTERIOR BUILDING FACE,A DISTANCE OF 6.500 METERS (21.33')TO A LINE
26.5 METERS (86.94')WEST OF AND PARALLEL TO THE CENTER LINE OF VACATED 10th STREET;THENCE NORTH
02°13'37"WEST ALONG SAID LINE,A DISTANCE OF 12.558 METERS (41.20');THENCE NORTH 87°46'l l"EAST,A
DISTANCE OF 11.288 METERS (37.03')TO THE WEST RIGHT-OF-WAY LINE OF VACATED 10i°STREET;THENCE
SOUTH 02°13'49"EAST ALONG SAID RIGHT-OF-WAY LINE,A DISTANCE OF 115.023 METERS (377.37')TO THE
POINT OF BEGINNING.THE ABOVE DESCRIBED TRACT OF LAND CONTAINS 1147.2 SQ.M.(12348 SQ.FT.)MORE OR
LESS.
• CITY OF OMAHA
Public Works Department
Owner(s): Land Acquisition= S.F.
Address: ❖:❖:•;•. Permanent Easement= S.F.
•
k\\\\y Temporary Easement= S.F.
Project No. SP90-23 Project Name:
iool
Tract No.(i,M)R)s) Date Prepared: 11/23/99 Revision Date(s): Page 2 of 3
; ; =. _ . . • •
. : Exhibit "A" •
. �_' _ N a.1::: 1'1.. :: .. . • e
.1 1I ; A CA N
W
-- -_ - N8r4611•E j
'•� 405 ha D 3.048m
12.538m :.tc `. '�'.Y N•RTH
a. :;..• 587'43'02'W •- ,q ',�'.IT. w'.r. t SCALE 1 1000
6.500m �-Y1RR O G.0.-N t �.1
,:: :n P.O.B.AQUIS TIO '• �' 1 1/1 � e
'xd. ' N0213.37W
• R
20.306m . •I'%1• •4 S0214'•4'E
(66.62') i 1• ser 6.1•W 17.39'
2 •39 m +
9.8•1
. .g , (57.• 7
.���1g7 "1 , 50214'04"E
N87Y3'02'E 1'1. X' '1 4 1.540m
�.j g,-•: : : 6.300m /:::,40,719 (5.05')
••,s} (21.33') A. n �.,'(19.81 N87'49'161
•
• MARCY STREET A •1.� �. N43'04'37'E MARCY STREET
12.648m
E p�•�.� 6 tV' N43D1'37'E
n/ri.`n� �,�.,�. 45 v0,/ 4.287m
'..:::*;:.-,:. .- / :. 0•4,„1 pip tx. :\A",:s:,.:,s 31 czt.4, LA
•
TRACT B `. 441�• e>•o N/
n., �1� . ' z,90
0
N7513.52'i. �' Y.• '\^�
P.O.B. ,
-RACT = R
P.0.3. PE• •E. & l{'CT A• N•513'52'w
_ - - �r 26.sm 1.771m J 07
L P •, (86.94') Q E 38.62'j
, U, rn v $ P0 I _g^ 2
19
P . ..n . Gt(
. 2 A ' TS 0
a v 1
�•' MASON STREET
•w¢WG)M
MMTKIW .
5/�1 0
I 1
CITY OF OMAHA
Public Works Department
. Owner(s): g.`•::: Land Acquisition= S.F.
Address: ❖:❖:•4: Permanent Easement= S.F.
y Temporary Easement= S.F.
i:l Project No. SP90-23 Project Name:
100 t
• . Tract No.(11141g7s) Date Prepared: 11/23/99 Revision Date(s): Page 3 of 3
"i'i,' -
1fti h:
iN4; ;
; r Exhibit "A"
ipili%'''":,1.'1' OWNER'S LEGAL DESCRIPTION
.
THE NORTH 38.77 FEET OF LOTS 14,BLOCK 204 AND ALL OF BLOCK 205(LOTS 1-8),EXCEPT PART DEEDED TO
r• • THE CITY OF OMAHA IN WARRANTY DEED 1481-149 AND LOTS 5 AND 6,BLOCK 206,IN THE ORIGINAL CITY OF
is;;rt; :,.:; :: • OMAHA AS SURVEYED AND LITHOGRAPHED,DOUGLAS COUNTY,NEBRASKA.ALSO ADJOINING PORTIONS OF
! :f v VACATED ALLEYS,8TH,9TH AND 10TH STREETS.
ACOUISITION LEGAL DESCRIPTION
'lF`; A TRACT OF LAND LYING IN A VACATED PORTION OF 1V'STREET ADJACENT TO LOT 4,BLOCK 204 IN THE
ORIGINAL CITY OF OMAHA,AS PLATTED AND RECORDED IN DOUGLAS COUNTY,NEBRASKA,BEING MORE
'i°t'i`• ,. PARTICULARLY DESCRIBED AS FOLLOWS:
0 f BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 4;THENCE SOUTH 02°14'04"EAST ALONG THE WEST LINE
.tr,!:,i, .-..-.
,, • . OF SAID LOT 4,A DISTANCE OF 11.817 METERS(38.77');THENCE SOUTH 87°45'51"WEST,A DISTANCE OF 3.048
iir'��j',.'•. - METERS(10.00')TO A LINE 3.048 METERS(10.00')WEST OF AND PARALLEL TO SAID WEST LINE OF LOT 4;
Y`"'... THENCE NORTH 02°14'04"WEST ALONG SAID LINE,A DISTANCE OF 11.817 METERS(38.77')TO A POINT ON THE
/1:6+t•:,,. WESTERLY EXTENSION OF THE NORTH LINE OF SAID BLOCK 204;THENCE NORTH 87°46'46"EAST ALONG SAID
i NORTH LINE OF BLOCK 204 EXTENDED,A DISTANCE OF 3.048 METERS(10.00')TO THE POINT OF BEGINNING.THE
ABOVE DESCRIBED TRACT OF LAND CONTAINS 36.0 SQ.M.(387 SQ.FT.),MORE OR LESS.
• ' TEMPORARY EASEMENT LEGAL DESCRIPTION
Gq„,._, ,.. • A TRACT OF LAND LOCATED IN PORTIONS OF LOTS 1 THROUGH 4,BLOCK 204,PORTIONS OF LOTS 1 THROUGH
I=•. 4,6,7 AND 8,BLOCK 205 AND A PORTION OF LOT 5,BLOCK 206 AND VACATED PORTIONS OF 8 STREET,9th STREET
`'`"� AND VACATED PORTONS OF ALLEYS LYING ADJACENT THERETO,ALL IN THE ORIGINAL CITY OF OMAHA,AS
,;ai,
,.,k•1.•I:. ;. PLATTED AND RECORDED IN DOUGLAS COUNTY,NEBRASKA,BEING MORE PARTICULARLY DESCRIBED AS
`�:'' FOLLOWS:
.q4,i' BEGINNING AT THE NORTHWEST CORNER'OF SAID LOT 4,BLOCK 204;THENCE NORTH 87°46'46"EAST ALONG
;,,Y ,;,,;,' THE NORTH LINE OF SAID BLOCKS 204 AND 205 AND EXTENSION THEREOF,A DISTANCE OF 221.895 METERS
t S')'<' (728.00')TO THE NORTHWEST CORNER OF LOT 4,OF SAID BLOCK 206;THENCE SOUTH 02°13'39"EAST ALONG THE
iff-1,_ •,-. •' WEST LINE OF SAID LOT 4,BLOCK 206 AND EXTENSION THEREOF,A DISTANCE OF 43.278 METERS(I41.99');
!'!`''''f'' ' - THENCE NORTH 87°46'21"EAST,A DISTANCE OF 4.826 METERS(I5.83');THENCE SOUTH 02°13'39"EAST,A
;;'i;�. DISTANCE OF 27.234 METERS(89.35');THENCE SOUTH 85°27'56"WEST,A DISTANCE OF 63.934 METERS(209.76');
i''''G; - •
THENCE NORTH 02°02'59"WEST,A DISTANCE OF 15.628 METERS(51.27');THENCE SOUTH 87°45'51"-WEST,A
i.ilc"f •
';..W..,'; DISTANCE OF 24.454 METERS(80.23');THENCE NORTH 02°14'09"WEST,A DISTANCE OF 45.690 METERS
(0-01•!: ': •
.I,.1;,.'.. : • (149.90');THENCE SOUTH 87°45'51"WEST,A DISTANCE OF 138.424 METERS(454.15')TO THE WEST LINE OF THE
''a16 :--: - AFORESAID LOT 4,BLOCK 204;THENCE NORTH 02°14'04"WEST ALONG THE WEST LINE OF SAID LOT 4,A
4.10.: ` DISTANCE OF 11.817 METERS(38.77')TO THE POINT OF BEGINNING.THE ABOVE DESCRIBED TRACT OF LAND
""'' ` - CONTAINS 7413.6 SQ.M.(79799 SQ.FT.),MORE OR LESS.
'4
•It��1i.r -
. t.,. - ••
`oi;!.: .. CITY OF OMAHA
;;T: • .- Public Works Department
14. Owner(s): UNION PACIFIC RAILROAD COMPANY giNiV Land Acquisition= 36 SQ.M./387 S.F.
Address: 1416 DODGE ST(REAL ESTATE) ::❖::ti: Permanent Easement= S.F.
•'tiu;;,.:,,f OMAHA,NE 68102 Temporary Easement=7413.E SQ.M./79799 S.F.
•
.,,10.;+,,
!,•IJ,'.: . - Project No. SP90-23 Project Name:
o.,gat„
27"1! Tract No. 100 I ) Date Prepared: 11/23/99 Revision Date(s): Page 1 of 2
.'4;!(... I
•
•
, Exhibit "A"
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'i ' t CITY OF OMAHA
i.. i;. • ` • . Public Works Department
'' "''" S.F.
Owner(s): ;.y�:.:: Land Acquisition=
<ta:to,
'ti%'••f •'•:•••• Permanent Easement= S.F.
::"{+.,..� Address: �!�!�?�!Qf
•
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• „1: 1-\\\y Temporary Easement= S.F.
� Project Name:
'4 i.,_ Project No. SP90-23. j
•
a;••.;;
1� _.., - Tract No. 100 I(a'� Date Prepared: 11/23/99 Revision Date(s): Page 2 of 2
:•GS
Exhibit "A"
OWNER'S LEGAL DESCRIPTION
• '.. THAT PART OF LOT 5,BLOCK 219,ORIGINAL CITY OF OMAHA,AS SURVEYED AND LITHOGRAPHED,DOUGLAS
��•; • COUNTY,NEBRASKA,LYING SOUTH OF THE UNION PACIFIC RAILROAD DEPOT GROUNDS,TOGETHER WITH
'`•`'T VACATED MASON STREET,EXCEPT THAT PART OF VACATED MASON STREET CONVEYED IN DEED IN BOOK 1712
AT PAGE 212.
b-` PERMANENT EASEMENT LEGAL DESCRIPTION
A TRACT OF LAND LOCATED IN A VACATED PORTION OF 10i°STREET LYING BETWEEN BLOCKS 219 AND 220 IN
THE ORIGINAL CITY OF OMAHA,AS PLATTED AND RECORDED IN DOUGLAS COUNTY,NEBRASKA,BEING MORE
' PARTICULARLY DESCRIBED AS FOLLOWS:
f;- . • COMMENCING AT THE NORTHWEST CORNER OF LOT 5,OF SAID BLOCK 219;THENCE SOUTH 02°14'04"EAST
' ALONG THE EAST RIGHT-OF-WAY LINE OF VACATED 10th STREET,A DISTANCE OF 4.279 METERS(14.04')TO THE
INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF VACATED 10d'STREET AND THE NORTHERLY RIGHT-0F=
`{ : • WAY LINE OF THE BURLINGTON NORTHERN RAILROAD,SAID INTERSECTION BEING THE POINT OF BEGINNING;
THENCE CONTINUING SOUTH 02°14'04"EAST ALONG SAID RIGHT-OF-WAY LINE OF VACATED 10i°STREET,A
.e '`�'•`` DISTANCE OF 36.572 METERS
(119.98')TO THE SOUTHERLY RIGHT-OF-WAY LINE OF THE BURLINGTON NORTHERN RAILROAD;THENCE NORTH
• 75°13'52"WEST ALONG SAID RAILROAD RIGHT-OF-WAY LINE,A DISTANCE OF 31.842 METERS(104.47')TO THE
• WEST RIGHT-OF-WAY LINE OF VACATED-10th STREET;THENCE NORTH 02°13'49"WEST ALONG SAID RIGHT-OF-
;. • WAY LINE OF VACATED 10th STREET,A DISTANCE OF 36.571 METERS(119.98')TO THE NORTHERLY RIGHT-OF-
;,, WAY LINE OF THE BURLINGTON NORTHERN RAILROAD;THENCE SOUTH 75°13'52"EAST ALONG SAID RAILROAD
RIGHT-OF-WAY LINE,A DISTANCE OF 31.839 METERS(104.46')TO THE POINT OF BEGINNING.THE ABOVE
DESCRIBED TRACT OF LAND CONTAINS 1113.5 SQ.M(11985 SQ FT.),MORE OR LESS.
' k.a ••
TEMPORARY EASEMENT TRACT"A"LEGAL DESCRIPTION
•
A TRACT OF LAND LYING IN A PORTION OF LOT 5 BLOCK 219 AND A PORTION OF VACATED MASON STREET
ADJACENT THERETO,ALL IN THE ORIGINAL CITY OF OMAHA,AS PLATTED AND RECORDED IN DOUGLAS
COUNTY,NEBRASKA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
•
COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 5,BLOCK 219;THENCE SOUTH 02°14'04"EAST ALONG
THE EAST RIGHT-OF-WAY LINE OF VACATED 10"STREET,A DISTANCE OF 4.279 METERS(14.04')TO THE
- • INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF VACATED 10h STREET AND THE NORTHERLY RIGHT-OF-
WAY LINE OF THE BURLINGTON NORTHERN RAILROAD,SAID INTERSECTION BEING THE POINT OF BEGINNING;
THENCE SOUTH 75'13'52"EAST ALONG SAID RAILROAD RIGHT-OF-WAY LINE,A DISTANCE OF 11.771 METERS
(38.62')TO A LINE 26.5 METERS(86.94')EAST OF AND PARALLEL TO THE CENTER LINE OF SAID VACATED 10th
STREET;THENCE SOUTH 02°13'37"EAST ALONG SAID LINE,A DISTANCE OF 36.571 METERS(119.98')TO THE
:;i i• • SOUTHERLY RIGHT-OF-WAY LINE OF THE BURLINGTON NORTHERN RAILROAD;THENCE NORTH 75°13'52"WEST
ALONG SAID RAILROAD RIGHT-OF-WAY LINE,A DISTANCE OF 11.767 METERS(38.61')TO THE EAST RIGHT-OF-
WAY LINE OF VACATED 10th STREET; THENCE NORTH 02°14'04"WEST ALONG SAID RIGHT-OF-WAY LINE OF
VACATED 10th STREET,A DISTANCE OF 36.572 METERS(119.98')TO THE POINT OF BEGINNING. THE ABOVE
• DESCRIBED TRACT OF LAND CONTAINS 411.6 SQ.M.(4430 SQ.FT.),MORE OR LESS.
•
•
• CITY OF OMAHA
Public Works Department
•
_ . •
Owner(s): BURLINGTON NORTHERN RR.CO. Land Acquisition= S.F.
•
Address: ❖:❖:•:' Permanent Easement= 1113.5SQ.M./11.985 S.F.
• k Temporary Easement= 824.6 SQ.M./8875 S.F.
Project No. SP90-23 Project Name:
. ::.. Tract No.I oo2(T') Date Prepared: 11/23/99 Revision Date(s): Page 1 of 3
•
• .. _
Exhibit "A"
• TEMPORARY EASEMENT TRACT"B"LEGAL DESCRIPTION
A TRACT OF LAND LYING IN A PORTION OF LOT 1 AND LOT 8 BLOCK 220 AND A PORTION OF THE VACATED
ALLEY ADJACENT THERETO,ALL IN THE ORIGINAL CITY OF OMAHA,AS PLATTED AND RECORDED IN DOUGLAS
COUNTY,NEBRASKA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF LOT S,BLOCK 219 OF SAID ORIGINAL CITY OF OMAHA;THENCE
SOUTH 02°14'04"EAST ALONG THE EAST RIGHT-OF-WAY LINE OF VACATED 10a STREET,A DISTANCE OF 4.279
METERS(14.04')TO THE NORTHERLY RIGHT-OF-WAY LINE OF THE BURLINGTON NORTHERN RAILROAD;THENCE
•
NORTH 75°13'52"WEST ALONG SAID RAILROAD RIGHT-OF-WAY LINE,A DISTANCE OF 31.839 METERS(104.46')TO
THE INTERSECTION OF THE WEST RIGHT-OF-WAY LINE OF VACATED 10t°STREET AND THE NORTHERLY RIGHT-
OF-WAY LINE OF THE BURLINGTON NORTHERN RAILROAD,SAID INTERSECTION BEING THE POINT OF
~.' BEGINNING;THENCE SOUTH 02°13'49"EAST ALONG SAID RIGHT-OF-WAY LINE OF VACATED 10i°STREET,A
DISTANCE OF 36.571 METERS(119.98')TO THE SOUTHERLY RIGHT-OF-WAY LINE OF THE BURLINGTON
•
NORTHERN RAILROAD;THENCE NORTH 75 13'52"WEST ALONG SAID RAILROAD RIGHT-OF-WAY LINE,A
•
DISTANCE OF 11.812 METERS(38.75')TO A LINE 26.5 METERS(86.94-')WEST OF AND PARALLEL TO THE CENTER
LINE OF VACATED 10'h STREET;THENCE NORTH 02'13'37"WEST ALONG SAID LINE,A DISTANCE OF 36.571
°i•-�: METERS(119.98')TO THE NORTHERLY RIGHT-OF-WAY LINE OF THE BURLINGTON NORTHERN RAILROAD;
THENCE SOUTH 75°13'52"EAST ALONG SAID RAILROAD RIGHT-OF-WAY LINE,A DISTANCE OF 11.810 METERS
i`=`'' •
38.75' TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED TRACT OF LAND CONTAINS 413.0 SQ.M.(4445 SQ.
'; s} ;•: FT.),MORE OR LESS
to -
•
•
CITY OF OMAHA
Public Works Department
Owner(s): :;: Land Acquisition= S.F.
Address: ❖:❖:❖ Permanent Easement= S.F.
Temporary Easement= S.F.
Project No. SP90-23 Project Name:
Tract No.Ioo26-) Date Prepared: 11/23/99 Revision Date(s): Page 2 of 3
;:i,.;.
` ,..04: Exhibit "A"
•4,
C1 x
4_i1:" b J
.1 a 26.5m CA
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- —., (56.91') T
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F SCALE 1m - 500m
•
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•...,. (J&75)
TRACT B P.4.B.
-
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TRACTS sorwo••E
AC. ORO. 4396 . S7 I 4.279m
• ^/ / y �. ?r. /(14.041 .U.B. PERM. E. & TRACT A i
.5. .. 'a//n ,.♦��41 0 48) .N. . 57513•s2t '�,
'../al 5 7" ..•&. .40104P&%
�X. „,• . ... A♦ q / TRACT 4
.:„„;,t.„, . • .. . , 0 14,„-.: , 466‘.# ...,
e /*. :,,,,f,,,,g,t,„-ri
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L12
N7513'52'19 / •♦ � ♦ 5/7
11.812m 475j3�2,W �\ `♦♦
(38.75') Jr,ei
2
% ...
. - N7513.'323W
0 11.767m
n (38.61')
MASON STREET S
BURLINGTON
• NORTHERN
STATION
•
•
CITY OF OMAHA
Public Works Department
Owner(s): F` 'L:;% Land Acquisition= S.F.
Address: .❖:❖:: Permanent Easement= S.F.
\\\y Temporary Easement= S.F.
1;, Project No. SP90-23 Project Name:
•
Tract No.loo2(T) Date Prepared: 11/23/99 Revision Date(s): • Page 3 of 3
•.i,'
NON-DISCRIMINATION CLAUSES
During the performance of this Contract, the Contractor, for itself, its assignees and successors in interest (hereinafter
referred to as the"Contractor"), agrees as follows:
(1) Compliance with Regulations: The Contractor will comply with the Regulations of the Department of
Transportation relative to non-discrimination in federal assisted programs of the Department of Transportation(Title
49, Code of Federal Regulations, Parts 21 and 27, hereinafter referred to as the Regulations), which are herein
incorporated by reference and made a part of this Contract.
(2) Non-discrimination: The Contractor,with regard to the work performed by it after award and prior to completion of
the Contract work,will not discriminate on the ground of handicap,race,color or national origin in the selection and
retention of subcontractors, including procurements of materials and leases of equipment. The Contractor will not, .
participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including
employment practices when the Contract covers a program set forth in Appendix"A", "B", and"C"of Part 21 of the
Regulations.
(3) Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations either by
competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including
procurements of materials or equipment, each potential subcontractor or supplier shall be notified by the Contractor
of the Contractor's obligations under this Contract and the Regulations relative to non-discrimination on the ground
of handicap,race,color or national origin.
(4) Information and Reports: The Contractor will provide all information and reports required by the Regulations, or
orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources
of information, and its facilities as may be determined by the State Highway Department or the Federal Highway
Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any
information required of the Contractor is in the exclusive possession of another who fails or refuses to furnish this
information, the Contractor shall so certify to the State Highway Department, or the Federal Highway
Administration as appropriate, and shall set forth what efforts it has made to obtain the information.
(5) Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the non-discrimination
provisions of this Contract, the State Highway Department shall impose such Contract sanctions as it or the Federal
Highway Administration may determine to be appropriate, including but not limited to,
(a) withholding of payments to the Contractor under the Contract until the Contractor complies, and/or
(b) cancellation,termination or suspension of the Contract, in whole or in part.
(6) Incorporation of Provisions: The Contractor will include the provisions of paragraph (1) through (6) in every
subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, order,
or instructions issued pursuant thereto. The Contractor will take such action with respect to any subcontract or
procurement as the State Highway Department or the Federal Highway Administration may direct as a means of
enforcing such provisions including sanctions for noncompliance: Provided, however, that, in the event a Contract
becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction,
the Contractor may request the State to enter into such litigation to protect the interests of the State, and in addition,
the Contractor may request the United States to enter into such-litigation to protect the interests of the United States.
EXHIBIT "C"
exhibitc
I oft
CITY OF OMAHA EQUAL EMPLOYMENT OPPORTUNITY CLAUSE
(1) The Railroads shall not discriminate against any employee applicant for employment because of race, religion,
color, sex, disability or national origin. The Railroads shall take affirmative action to insure that applicants are
employed and that employees are treated during employment without regard to their race, religion, color, sex,
disability or national origin. As used herein, the word "treated" shall mean and include, without limitation, the
following: recruited (whether advertising or by other means) compensated; selected for training, including
apprenticeship; promoted; upgraded; demoted; downgraded; transferred; laid off; and terminated. The Railroads
agree to and shall post in conspicuous places, available to employees and applicants for employment, notices to be
provided by the contracting officers setting forth the provisions of this non-discrimination clause.
(2) The Railroads shall, in all solicitation or advertisements for employees placed by or on behalf of the Railroads, state
that all qualified applicants will receive consideration or employment without regard to race, religion, color, sex,'
disability or national origin.
(3) The Railroads shall send to each labor union or representative of workers with which he has a collective bargaining
agreement or other contract or understanding, a notice advising the labor union or worker's representative of the
Railroads commitments under the Equal Employment Opportunity Clause of the City of Omaha and shall post
copies of the notice in conspicuous places available to employees and applicants for employment.
(4) The Railroads shall furnish to the Contract Compliance Officer'all Federal forms containing the information and
reports required by the Federal government for Federal contracts under Federal rules and regulations, and including
the information required by Sections 10-192 to 10-194, inclusive, of the Omaha Municipal Code, and shall permit
reasonable access to their records. Records accessible to the Contract Compliance Officer shall be those which are
related to paragraphs "1" through "7" and only after reasonable notice is given the Railroads. The purpose for this
provision is to provide for investigation to ascertain compliance with the program provided for herein.
(5) The Railroads shall take such actions with respect to any subcontractor as the City may direct as a means of
enforcing the provisions of paragraphs "1"through"7"herein, including penalties and sanctions for noncompliance;
provided, however,that in the event the Railroads become involved in or are threatened with litigation as a result of
such directions by the City, the City will enter into such litigation as necessary to protect the interests of the City
and to effectuate the provisions of the Ordinance; and, in the case of contracts receiving Federal assistance, the
Railroads or the City may request the United States to enter into such litigation to protect the interests of the United.
States.
(6) The Railroads shall file and shall cause their subcontractors, if any, to file compliance reports with the Railroads in
the same form and to the same extent as required by the Federal government for Federal contracts under Federal
rules and regulations. Such compliance reports shall be filed with the Contract Compliance Officer. Compliance
reports filed at such times as directed shall obtain information as to the employment practices, policies, programs
and statistics of the Railroads and their subcontractors.
(7) The Railroads shall include the provisions of paragraphs"1"through"7" of Section 10-193 of the Omaha Municipal
Code in every subcontract or purchase order, so that such provisions will be binding upon each subcontractor or
vendor.
EXHIBIT "C"
exhibitc
2 of 2
NO BNSF FORCE ACCOUNT WORK IS REQUIRED FOR
THIS PROJECT PER ROBERT W. CARTER, MANAGER
PUBLIC PROJECTS OF THE BNSF ON May 25, 2000
•
- EXHIBIT D-1
•
DATE: 2000-03-16
ESTIMATE OF MATERIAL AND FORCE ACCOUNT WORK
BY THE
UNION PACIFIC RAILROAD
DESCRIPTION OF WORK:
PROTECT/RELOCATE SIGNAL & COMMUNICATIONS CALBES DURING REMOVAL AND
CONSTRUCTION OF 10TH STREET VIADUCT. OMAHA, NEBRASKA.
MP. 2. 90 OMAHA SUBDIVISION.
SIGNAL PROJECT MANAGER:H.L. MARTIN
8271-4692
PID: 35974 AWO: MP,SUBDIV: 2 .90, OMAHA
SERVICE UNIT: 03 CITY: 10 ST. VIADUCT STATE: NE
DESCRIPTION QTY UNIT LABOR MATERIAL RECOLL UPRR TOTAL
SIGNAL WORK
SILL PREP 900 900 900
;OM 2000 2000 2000
:QUIPMENT RENTAL 1000 1000 1000
IATL STORE EXPENSE 125 125 125
,ERSONAL EXPENSES 9500 9500 9500
ALES TAX 100 100 100
SIGNAL 2500 2500 2500
JSAGE EQUIPMENT 400 400 400
TOTAL SIGNAL 900 15625 16525 16525
LABOR ADDITIVE 16918 16918 16918
3IG GENERAL 15243 15243 15243
['RAIN CNTRL 7621 7621 7621
TOTAL TRACK & SURFACE 39782 39782 39782
LABOR/MATERIAL EXPENSE 40682 15625
RECOLLECTIBLE/UPRR EXPENSE 56307 0
ESTIMATED PROJECT COST 56307
EXISTING REUSEABLE MATERIAL CREDIT 0
SALVAGE NONUSEABLE MATERIAL CREDIT 0
RECOLLECTIBLE LESS CREDITS
HE ABOVE FIGURES ARE ESTIMATES ONLY AND SUBJECT TO FLUCTUATION. IN THE EVENT OF
N INCREASE OR DECREASE IN THE COST OR QUANTITY OF MATERIAL OR LABOR REQUIRED,
PRR WILL BILL FOR ACTUAL CONSTRUCTION COSTS AT THE CURRENT EFFECTIVE RATE.
EXHIBIT 2
10th Street Viaduct Exhibit F-1
Project BRM-5103(9)
City of Omaha Special Project 90-23
PERMANENT & TEMPORARY EASEMENT
KNOW ALL MEN BY THESE PRESENTS,that THE BURLINGTON NORTHERN
AND SANTA FE RAILWAY COMPANY, Grantor for Forty One Thousand Six Hundred and
Fifty Dollars($41,650)to it paid by THE CITY OF OMAHA, a Municipal corporation of the State
of Nebraska, Grantee, and the promises of the Grantee hereinafter specified does hereby remise,
release and quitclaim unto the Grantee, subject to the terms and conditions hereinafter set forth, a
PERMANENT EASEMENT to construct,operate,maintain,repair,replace and remove a viaduct
located on 10th Street south of Jackson Street,in the City of Omaha,hereinafter called the 10th Street
Viaduct, over, upon and across the following described premises, situated in the City of Omaha,
Douglas County,Nebraska,to wit:
SEE EXHIBIT "A",PAGES 1 TO 3, ATTACHED HERETO AND INCORPORATED HEREIN
The use by the grantee of the permanent easement described herein is limited to roadway
purposes and includes the areas required for embankments, abutments, columns, foundations and
other parts of the viaduct structures and also includes the use of reasonable additional space, both
vertically and horizontally, for the construction and for the access to the roadway and viaduct
structures.
The Easement hereby granted shall include a TEMPORARY EASEMENT for ingress and
egress of equipment and personnel forICONSTRUCTION PURPOSES only. Said Temporary
Easement consists of those portions of( Antors right of way as shown and described as Temporary
Easement Tract "A" and Tract "B" on Exhibit "A", attached hereto and being a part hereof.
Temporary Easement herein granted shall expire two (2) years after the date of this instrument or
at such earlier time as construction has been completed across lands of Grantor.
RESERVING,however,unto the Grantor, its successors and assigns,the right to construct,
maintain, use, operate, relocate, reconstruct and,renew such tracks and facilities as it may at any
time, and from time to time, desire within the limits of the land hereinbefore described, including
the right and privilege to use said land for any and all purposes,not inconsistent with the use thereof
-1-
for viaduct purposes,but will preclude the Grantor from using, storing, locating or permitting to be
stored or located,materials of a flammable,explosive or inherently dangerous nature within the area
of said rights, provided that these restrictions shall not apply to such materials aboard trains or in
train cars which may be transmitting this area.
ALSO RESERVING,however, unto the Grantor, its successors and assigns, the rights to
construct,place,operate,maintain, alter,repair,replace,renew, improve and remove communication
lines above, below and on the surface of the premises, including,without limitation, transmission
by conduit, fiber optics, cable, wire or other means, of electricity,voice data, video, digitized
information, or other materials or information,including the right of ingress and egress in any such
manner as does not unreasonably interfere with Grantee's use of the premises for said viaduct, and
further reserving unto Grantor, its successors and assigns, all right and privilege of ingress and egress
to said premises as Grantor, its successors and assigns may require to investigate and remediate
environmental contamination and hazards.
The foregoing rights are made subject to and upon the following express conditions:
1. To existing interests of the above-described premises to whomsoever belonging and
of whatsoever nature and any and all extensions and renews thereof, including but
not limited to,underground pipe line or lines, or any type of wire line or lines, if any.
2. Any and all cuts and fills,excavations or embankments necessary in the construction,
maintenance, or future alteration of said viaduct shall be made and maintained in
• such manner, form and extent as will provide adequate drainage of and from the
adjoining lands and premises of the Grantor; and wherever any such fill or
embankment shall or may obstruct the natural and pre-existing drainage from such
lands and premises of the Grantor, the Grantee shall construct and maintain such
culverts or drains as ma} 'be.requisite to preserve such natural and pre-existing
drainage, and shall alsos-' herever necessary, construct extensions of the grantor,
such extensions to be of adequate sectional dimensions to preserve the present
flowage of drainage or other waters, and of materials and workmanship equally as
good as those now existing.
3. The Grantee shall bear the cost of removal, relocation or reconstruction of any and
all right of way fences,telephone or telegraph poles, or other facilities,the removal,
relocation or reconstruction of which may be made necessary by reason of the use of
said premises for said viaduct purposes.
4. The Grantee shall, at its own cost and expense,make adjustment with industries or
other lessees of Grantor for buildings or improvements that may have to be relocated,
-2-
reconstructed or destroyed by reason of the construction and maintenance of said
viaduct on said premises.
5. This instrument is granted according to the terms and conditions of that certain
Construction and Maintenance Agreement between the Grantor and the Grantee
dated ,2000, and made subject to the terms and conditions
contained therein.
6. All contracts between the Grantee and its contractor,for either the construction herein
provided for or maintenance work on the viaduct within any rights area described
herein or shown on the exhibits attached hereto,shall require the Grantee's contractor
to assume liability for and indemnify and save harmless the Grantor from and against
any and all claims, suits, losses, damages, and expenses on account of injury to or
death of any and all persons whomsoever, including but not limited to the contractor,
• the employees and agents of the contractor and its subcontractors, the employees of
the Grantor, third parties, and any and all loss or destruction of or damage to
property,to whomsoever belonging, including property owned by, rented by, or in
the care, custody, or control of the parties hereto, subcontractors, or third parties,
arising or growing out of, or in any manner connected with use of the crossing
provided for under this Agreement, or caused or occasioned in whole or in part by
reason of the presence of the person or of the property of third persons, grantor,
contractor, subcontractors, and their respective employees, or agents, upon or in
proximity to the property of the Grantor, or while going to or departing from the
same. Nothing contained herein with regard to assumption of liability shall be in
contravention to Nebraska State Statutes.
7. CONTRACTOR IS PLACED ON NOTICE THAT FIBER OPTIC,
COMMUNICATIONS, CONTROL SYSTEMS, AND OTHER TYPES OF
CABLES MAY BE BURIED ON GRANTOR'S PROPERTY. Before beginning
work, Contractor shall telephone Grantor's Communications Network Control Center
at 1-800-533-2891 (a 24-hour number) to determine if cable systems are buried on
Grantor's property to be used by Contractor. The Communications Network Control
Center will contact thepropriate personnel to have cables located and make
arrangements with Conti*tor`as to the protective measures that must be adhered to
prior to the commencement of any work on Grantor's property. In addition to the
liability terms elsewhere in this Agreement, Contractor shall indemnify and hold
Grantor harmless against and from all cost, liability, and expense whatsoever
(including,without limitation, attorney's fees and court costs and expenses) arising
out of or in any way contributed to by any act or omission of Contractor, its
subcontractors, agents and/or employees, that cause or in any way or degree
contribute to (1) any damage to or destruction of any telecommunications system by
Grantor's property,(2)any injury to or death of any person employed by or on behalf
of any telecommunications company, and/or its contractor,agents and/or employees,
on Grantor's property, and/or (3) any claim or cause of action for alleged loss of
10th Street Viaduct Exhibit F-2
Project BRM-5 103(9)
City of Omaha Special Project 90-23
RIGHTS AGREEMENT
TEMPORARY AND PERMANENT RIGHTS
THIS AGREEMENT, is made and entered into as of the day of
2000, between UNION PACIFIC RAILROAD COMPANY, a
Delaware corporation (hereinafter referred to as the "Grantor"), and the CITY OF OMAHA, a
municipal corporation of the state of Nebraska(hereinafter referred to as the "Grantee").
IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS
FOLLOWS:
SECTION 1.
Pursuant to and in accordance with the separate construction agreement between the
parties, the Grantor does hereby grant unto the Grantee the non-exclusive temporary and
permanent rights as shown and described on Exhibit "A" consisting of_ pages, hereto attached
and hereby made a part hereof, in order to enter upon and to utilize that portion of Grantor's
right-of-way for the construction of a viaduct structure over Grantor's railroad trackage and right-
of-way at 10th Street south of Jackson Street in Omaha, Douglas County, Nebraska, including
the right to maintain, repair and use said viaduct as part of Grantee's street system, and including
the right to construct, maintain and use storm sewer facilities located within the permanent rights
areas. The legal descriptions contained in Exhibit "A" were prepared by the Grantee and the
Grantor does not warrant the accuracy of such descriptions.
SECTION 2.
Grantor's grant of rights herein e?subject to the extent of Grantor's title and interest in the
property described in Exhibit"A" and the Grantor does not warrant its title to said property.
SECTION 3.
The temporary rights herein granted shall commence as of the date of this Agreement and
continue in effect until the project described herein is completed by the City, which is anticipated
to be , 20 , at which time all rights of the City in and to the temporary rights shall
terminate.
SECTION 4.
As consideration for the rights and privileges granted herein and in the separate
construction agreement, the Grantee agrees to pay to the Grantor One Hundred Forty Eight
Thousand Dollars ($148,000.00),the receipt of which is hereby acknowledged by Grantor.
SECTION 5.
The grant of rights contained herein is subject to all outstanding and superior conditions,
limitations, restrictions, encumbrances, easements, licenses, or interests of any person or entity
which may affect the property described in Exhibit"A", hereto attached.
SECTION 6.
• The use by the Grantee of the permanent rights described herein is limited to roadway
purposes and includes the areas required for embankments, abutments, columns, foundations and
other parts of the viaduct structure and also includes the space required for roadway lights. The
grant of permanent rights also includes the use of reasonable additional space, both vertically and
horizontally, for the construction and for the access to the roadway and viaduct structure.
SECTION 7.
The grant of rights herein made by the Grantor is made subject and subordinate to the
prior and continuing right and obligation of the Grantor, its successors and assigns, to use all of
the property described in Exhibit"A" in the performance of its duty as a common carrier, and for
that purpose there is reserved unto the Grantor, its successors and assigns, to use and to permit
others to use the property for any purpose not inconsistent with the rights hereby granted to the
City, the following:
(a) The right to construct, reconstruct, maintain, rearrange, renew and use existing
and future railroad tracks, facilities and appurtenances, and existing and future
transportation, communication, signal, wireline, pipeline, and fiber optic facilities
and appurtenances in, up tip, over, across and along said property: but in such a
manner so as not to s roa'ch or interfere with the reasonable requirements,
function or use of the roadway or viaduct structure; provided, however, that the
Grantor is precluded from using, storing, locating or permitting to be stored or
located, materials of a flammable, explosive or inherently dangerous nature within
the rights areas, provided that such restriction shall not apply to such materials
that are aboard trains or in train cars that are transiting the rights areas or any area
adjacent to the rights areas.
-2-
•
(b) The right to move equipment of all types bvet the temporary and permanent rights
areas.
If the property described in Exhibit "A", or any portion thereof, shall cease to be used as
public roadway, then and in that event the rights hereby granted by the Grantor, as to such a
portion or portions no longer used for roadway purposes,. shall terminate and all rights shall
revert to the Grantor, its successors and assigns.
SECTION 8.
a. Fiber optic cable systems may be buried on the railroad's property. Protection of
the fiber optic cable systems is of extreme importance since any break could disrupt service to
users resulting in business interruption and loss of revenue and profits. Contractor shall
telephone the Railroad at 1-800-336-9193 (a 24-hour number) to determine if fiber optic cable is
buried anywhere on the Railroad's premises to be used by the Contractor. If it is, Contractor will
telephone the telecommunications company(ies) involved, arrange for a cable locator, make
arrangements for relocation or other protection of the fiber optic cable, and will commence no
work on the right of way until all such protection or relocation has been accomplished.
b. In addition to other indemnity provisions in this Agreement, the Contractor shall
indemnify and hold the 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 the Contractor, its contractor, 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 9.
This Rights Agreement is mie pursuant to and in accordance with the separate
construction agreement between the parties and any rights, obligations, restrictions or limitations
contained in said construction agreement if same apply to and affect the temporary and
permanent rights granted herein shall be deemed to also apply to this Rights Agreement. This
Rights Agreement shall not be deemed to affect or diminish any previous and existing easement
or rights area granted by the Grantor to the Grantee covering the construction, use and operation
of a viaduct structure at the location described herein.
-3-
SECTION 10.
This Rights Agreement shall be binding upon the parties hereto and upon their successors
and assigns.
IN WITNESS HEREOF, the parties have duly executed this Rights Agreement as of the
date first herein written.
Attest: UNION PACIFIC RAILROAD COMPANY
By:
Assistant Secretary Executive Assistant to Executive
Vice President- Operation
Attest: CITY OF OMAHA
By:
City Clerk Mayor
Approved as to Form:
By:
Assistant City Attorney
-4-
STATE OF NEBRASKA )
) ss. .
COUNTY OF DOUGLAS )
On this day of , 2000, before me, the undersigned, a
Notary Public, in and for said County, personally came , to me
personally known, who stated that they were the Executive Assistant to Executive Vice
President-Operation and Assistant Secretary, respectively, of Union Pacific Railroad Company, a
Delaware corporation to me personally known to me to be the identical persons whose names are
affixed to the above conveyance, and acknowledged the execution thereof to be their voluntary
act and deed as such officer and the voluntary act and deed of the said corporation.
WITNESS my hand and Notarial Seal at Omaha in said County the day and year last
above written.
NOTARY PUBLIC
My Commission expires
STATE OF NEBRASKA )
) ss.
COUNTY OF DOUGLAS )
On this day of , 2000, before me, the undersigned, a
Notary Public, in and for said County, personally came , Mayor
of the City of Omaha, and , City Clerk of the City of Omaha, a
municipal corporation, to me personally known to be the identical persons whose names are
affixed to the above conveyance, and acknowledged the execution to be their voluntary act and
deed of the City of Omaha. •
WITNESS my hand and Notarial Seal at Omaha in said County the day and year last
above written.
NOTARY PUBLIC
My Commission expires
P:\PW 1\6137.SAP
-5-
ti
CONTRACTOR REQUIREMENTS
• FOR CONSTRUCTION PROJECTS ON OR ADJACENT TO PROPERTY OF THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY
SECTION 1.GENERAL
(a).The Contractor shall cooperate with THE BURLINGTON NORTHERN AND SANTA FE RAILWAY
COMPANY,hereinafter referred to as"Railway",where work is over or under,on or adjacent to Railway property and/or
right-of-way,hereafter referred to as"Railway Property".
(b).The Contractor shall plan,schedule and conduct all work activities so as not to interfere with the movement of
any trains on Railway Property.
(c).The Contractor's right to enter Railway's Property is subject to the absolute right of Railway to cause the
Contractor's work on Railway's Property to cease if,in the opinion of Railway,Contractor's activities create a hazard to
Railway's Property,employees,and/or operations.
(d).The Contractor is responsible for determining and complying with all Federal,State and Local Governmental
laws and regulations,including,but not limited to,environmental,health and safety. The Contractor shall be responsible
for and indemnify and save Railway harmless from all fines or penalties imposed or assessed by Federal,State and Local
Governmental Agencies against the Railway which arise out of Contractor's work under this Agreement.
(e).The Contractor shall notify the State and Railway's Manager Public Projects,
telephone( )—- at least thirty(30)working days before commencing any work on Railway Property.
(f).For any falsework above any tracks or any excavations located,whichever is greater,within twenty-five(25)
feet of the nearest track or intersecting a slope from the plane of the top of rail on a 1 1/2 horizontal to 1 vertical slope
beginning at eleven(11)feet from center line of the nearest track,both measured perpendicular to center line of track,the
Contractor shall furnish the Railway five sets of working drawings showing details of construction affecting Railway
Property and tracks.The working drawings shall include the proposed method of installation and removal of falsework,
shoring or cribbing not included in the contract plans and two sets of structural calculations of any falsework,shoring or
cribbing.All calculations shall take into consideration railroad surcharge loading and shall be designed to meet American
Railway Engineering and Maintenance-of-Way Association (previously known as American Railway Engineering
Association)Coopers E-80 live loading standard. All drawings and calculations shall be stamped by a registered
professional engineer licensed to practice in the state the project is located.The Contractor shall not begin work until
notified by the Railway that plans have been approved. The Contractor shall be required to use lifting devices,such as
cranes and/or winches,to place or to remove any falsework over Railway's tracks. In no case shall the Contractor be
relieved of responsibility for results obtained by the implementation of said approved plans.
(g). Subject to the movement of Railway's trains,Railway will cooperate with the Contractor such that the work
may be handled and performed in an efficient manner.The Contractor shall have no claim whatsoever for any type of
damages or for extra or additional compensation in the event his work is delayed by the Railway.
SECTION 2. AGREEMENT
(a).No employee of the Contractor,its subcontractors,agents or invitees shall enter Railway Property
without first having attended a BNSF Contractor Safety Orientation session.The Contractor shall ensure that at a ..
minimum its on-site Project Supervisor's have attended a Safety Orientation conducted by the Railway,or its
representative,and that each of its employees,subcontractors, agents or invitees have received the same Safety
Orientation through sessions conducted by or through the Contractor before any work is performed on the Project.
The Contractor shall give Railway a minimum of thirty(30) days advance notice for scheduling the Safety
Orientation.
(b). Contractor shall develop and implement a Safety Action Plan for its work and in compliance with
. Contractor Requirements herein which shall be made available to Railway prior to commencement of any work on
CONTRACTOR REQUIREMENTS STATE OF APRIL 14, 1999 PAGE 1
•
•
Railway Property.During the performance of work,the Contractor shall audit its compliance with the Safety
Action Plan.The Contractor shall designate an on-site Project Supervisor who shall serve as the contact person for
the Railway and who shall maintain a copy of the Safety Action Plan and subsequent audits at the job site for
inspection and review by the Railway at any time during the course of the project.
SECTION 3.RAILWAY REQUIREMENTS
(a).The Contractor shall take protective measures as are necessary to keep Railway facilities,including track
ballast,free of sand,debris,and other foreign objects and materials resulting from his operations. Any damage to Railway
facilities resulting from Contractor's operations will be repaired or replaced by Railway and the cost of such repairs or
replacement shall be paid for by the State/Contractor.
(b).The Contractor shall notify the Railway's Division Superintendent telephone
and provide blasting plans to the Railway for review seven(7)calendar days prior to conducting any
blasting operations adjacent to or on Railway's Property.
(c)The Contractor shall abide by the following clearances during construction:
(1). 25'-0" Horizontally from center line of nearest track.
(2). 2 1'-6" Vertically for Temporary Falsework Clearance Subject to Railway and Public Utilities
Commission approval.
(3). 27'-0" Vertically above top of rail for electric wires carrying less than 750 volts
(4). 28'-0" Vertically above top of rail for electric wires carrying 750 volts to 15,000 volts
(5). 30'-0" Vertically above top of rail for electric wires carrying 15,000 volts to 20,000 volts
(6). 34'-0" Vertically above top of rail for electric wires carrying more than 20,000 volts
(d).Any infringement within State statutory clearances due to the Contractor's operations shall be submitted to the
Railway and to the State and shall not be undertaken until approved in writing by the Railway,and until the State has
obtained any necessary authorization from the State Regulatory Authority for the infringement. No extra compensation
will be allowed in the event the Contractor's work is delayed pending Railway approval,and/or the State Regulatory
Authority's approval.
(e). In the case of impaired vertical clearance above top of rail,Railway shall have the option of installing
tell-tales or other protective devices Railway deems necessary for protection of Railway operations.The cost of tell-tales or
protective devices shall be borne by the State/Contractor.
(f).The details of construction affecting the Railway's Property and tracks not included in the contract plans shall
be submitted by the Contractor to the State for approval.Upon approval by the State,the State shall submit details of
construction to Railway for approval before work is undertaken.
(g).At other than public road crossings,the Contractor shall not move any equipment or materials across
Railway's tracks until permission has been obtained from the Railway.The Contractor shall obtain a"Temporary Private
Crossing Agreement" from the Railway prior to moving his equipment or materials across the Railway's tracks.The
temporary crossing shall be gated and locked at all times when not required for use by the Contractor.The temporary
crossing for use of the Contractor shall be at the expense of the Contractor
(h).Discharge,release or spill on the Railway Property of any hazardous substances in excess of a reportable
quantity or any hazardous waste is prohibited and Contractor shall immediately notify the Railway's Resource Operations
Center at 1(800)832-5452,of any discharge,release or spills.Contractor shall not allow Railway Property to become a
treatment or storage facility as those terms are defined in the Resource Conservation and Recovery Act or any state
analogue.
(i).The Contractor,upon completion of the work covered by this contract,shall promptly remove from the
Railway's Property all of Contractor's tools,equipment,implements and other materials,whether brought upon said
CONTRACTOR REQUIREMENTS STATE OF APRIL 14, 1999 PAGE 2
property by said Contractor or any subcontractor,employee or agent of Contractor or of any subcontractor,and shall cause
—. Railway's Property to be left in a condition acceptable to the Railway's representative.
SECTION 4.CONTRACTOR GENERAL SAFETY REQUIREMENTS
(a).Work in the proximity of Railway track(s)is potentially hazardous where movement of trains and
equipment can occur at any time and in any direction. All work performed by Contractors within 25 feet of center
line of any track shall be in compliance with FRA Roadway Worker Protection Regulations.
(b).Before beginning any task on Railway Property,a thorough job safety briefing shall be conducted with
all personnel involved with the task and repeated when the personnel or task changes. If the task is within 25 feet of
center line of any track,the job briefing must include the Railway's flagger and include the procedures the
Contractor will use to protect its employees,subcontractors,agents or invitees from moving any equipment adjacent
to or across any Railway track(s).
(c).Workers shall not work nearer than 25 feet to the center line of any track without proper flag/work
protection provided by the Railway,unless the track is protected by track bulletin and work has been authorized by
the Railway. If flag/work protection is provided,every Contractor employee must know: (1)who the Railway
flagger is and how to contact the flagger,(2)limits of the flag/work protection,(3)the method of communication to
stop and resume work,and(4)entry into flag/work limits when designated. Men or equipment entering flag/work
limits that were not previously job briefed must notify the flagger immediately and be given a job briefing if
working at less than 25 feet from center line of track.
(d).When Contractor employees are required to work on the Railway Property after normal working hours
or on weekends,the Railway's representative in charge of the project must be notified.A minimum of two
employees shall be present at all times.
(e).Any Contractor employee, its subcontractors employee,agents or invitees under suspicion of being under the
influence of drugs or alcohol,or in the possession of same,will be removed from the Railway's Property and subsequently
released to the custody of a representative of Contractor management.Future access to the Railway's Property by that
employee will be denied.
(f).Any damage to Railway Property,or any hazard that is noticed on passing trains,shall be reported
immediately to the Railway's representative in charge of the project. Any vehicle or machine which may come in contact
with a track,signal equipment,or structure(bridge)could result in a train derailment and shall be reported by the quickest
means possible to the Railway representative in charge of the project and to the Railway's Resource Operations Center at
1(800) 832-5452. Local emergency numbers are to be obtained from the Railway representative in charge of the project
prior to the start of any work and shall be posted at the job site.
(g).All persons are prohibited from having pocket knives with blades in excess of three(3)inches,firearms or
other deadly weapons in their possession while working on Railway Property.
(h).All personnel protective equipment used on Railway Property shall meet applicable OSHA and ANSI
specifications. Railway personnel protective equipment requirements are; a)safety glasses: permanently affixed
sideshields;no yellow lenses,b)hard hats with high visibility orange cover, c)safety shoes: hardened toe,above-the-ankle
lace-up with a defined heel and d)high visibility retro-reflective orange vests are required as specified by the Railway's
representative in charge of the project. Hearing protection,fall protection and respirators will be worn as required by State..
and Federal regulations.
(i).The Contractor shall not pile or store any materials,machinery or equipment closer than 50'-0"to the center
line of the nearest Railway track. At highway/rail at-grade crossings,materials, machinery or equipment shall not be stored
or left temporarily which interferes with the sight distances of motorists approaching the crossing. Prior to beginning work,
the Contractor will establish a storage area with concurrence of the Railway's representative.
CONTRACTOR REQUIREMENTS STATE OF APRIL 14, 1999 . PAGE 3
(j).Machines or vehicles must not be left unattended with the engine running.Parked machines or equipment
must be in gear with brakes set and,if equipped with blade,pan or bucket,they must be lowered to the ground. All
machinery and equipment left unattended on Railway's Property must be left inoperable and secured against movement.
(k). Workers must not create and leave any conditions at the work site that would interfere with water drainage.
Any work performed over water shall meet all Federal,State and Local regulations.
(1).All power line wires must be considered dangerous and of high voltage unless Contractor has been informed
to the contrary by proper authority. For all power lines the minimum clearance between the lines and any part of the
equipment or load shall be;200 KV or below - 15 feet,200 to 350 KV-20 feet,350 to 500 KV-25 feet,500 to 750 KV-
35 feet,750 to 1000 KV-45 feet and if capacity of the line is not known,minimum clearance of 45 feet must be
maintained. A person shall be designated to observe clearance of the equipment and give a timely warning for all
operations where it is difficult for an operator to maintain the desired clearance by visual means.
SECTION 5.EXCAVATION
(a).Before excavating,it must be ascertained by the Contractor if there are any underground pipe lines,electric
wires,or cables, including fiber optic cable systems,that either cross or run parallel with the track which are located within
the project's work area. Excavating on Railway's Property could result in damage to buried cables resulting in delay to
Railway traffic,including disruption of service to users resulting in business interruptions involving loss of revenue and
profits. Before any excavation commences,the Contractor must contact the Railway's Signal Supervisor and Roadmaster.
All underground and overhead wires must be considered HIGH VOLTAGE and dangerous until verified with the company
having ownership of the line. It is also the Contractor's responsibility to notify any other companies that have underground
utilities in the area and arrange for the location of all underground utilities before excavating.
(b).The Contractor must cease all work and the Railway must be notified immediately before continuing
excavation in the area if obstructions are encountered that do not appear on drawings. If the obstruction is a utility,and the
owner of the utility can be identified,then the owner should also be notified immediately. If there is any doubt about the
location of underground cables or lines of any kind,no work will be performed until the exact location has been
determined. There will be no exceptions to these instructions.
(c).All excavations shall be conducted in compliance with applicable OSHA regulations,and regardless of depth,
shall be shored where there is any danger to tracks,structures or personnel.
(d).Any excavations,holes or trenches on Railway's Property must be covered,guarded and/or protected when
not being worked on. When leaving work site areas at night and over weekends,all areas must be secured and left in a
condition that will ensure that Railway employees and other personnel who may be working or passing through the area are
protected from all hazards.All excavations must be back filled as soon as possible.
CONTRACTOR REQUIREMENTS STATE OF APRIL 14, 1999 PAGE 4
" SECTION 6.HAZARDOUS WASTE,SUBSTANCES AND MATERIAL REPORTING - -
If Contractor discovers any hazardous waste,hazardous substance,petroleum or other deleterious material,
including but not limited to any non-containerized commodity or material,on or adjacent to Railway's Property,in or near
any surface water,swamp,wetlands or waterways,while performing any work under this Agreement,Contractor shall
immediately:(a)notify the Railway's Resource Operations Center at 1(800)832-5452,of such discovery:(b)take
safeguards necessary to protect its employees,subcontractors,agents and/or third parties:and(c)exercise due care with
respect to the release,including the taking of any appropriate measure to minimize the impact of such release.
SECTION 7.PERSONAL INJURY REPORTING
The Railway is required to report certain injuries as a part of compliance with Federal Railroad Administration
(FRA)reporting requirements.Any personal injury sustained by an employee of the Contractor,subcontractor or
Contractor's invitees while on the Railway's Property must be reported immediately(by phone mail if unable to contact in
person)to the Railway's representative in charge of the project.The Non-Employee Personal Injury Data Collection Form
contained herein is to be completed and sent by Fax to the Railway at 1(817)352-7595 and to the Railways representative
no later than the close of shift on the date of the injury.
CONTRACTOR REQUIREMENTS STATE OF APRIL 14, 1999 PAGE 5
e ,
•
•
NON-EMPLOYEE PERSONAL INJURY DATA COLLECTION
INFORMATION REQUIRED TO BE COLLECTED PURSUANT TO FEDERAL REGULATION. IT SHOULD
BE USED FOR COMPLIANCE WITH FEDERAL REGULATIONS ONLY AND IS NOT INTENDED TO
PRESUME ACCEPTANCE OF RESPONSIBILITY OR LIABILITY.
•
1. Accident City/St 2. Date: Time:
County: 3. Temperature: 4. Weather
(if non-BNSF location)
5. Social Security#
6. Name(last,first,mi)
7. Address: Street: City: St. Zip:
8. Date of Birth: and/or Age Gender:
(if available)
9. (a) Injury: (b)Body Part:
(i.e.(a)Laceration(b)Hand)
11. Description of Accident(To include location,action,result,etc.):
12. Treatment:
• First Aid Only
▪ Required Medical Treatment
O Other Medical Treatment
13. Dr.Name 30.Date:
14. Dr.Address:
Street: City: St: Zip:
15. Hospital Name:
16. Hospital Address:
Street: City: St: Zip:
17. Diagnosis:
FAX TO
RAILWAY AT(817)352-7595
AND COPY TO
RAILWAY REPRESENTATIVE
CONTRACTOR REQUIREMENTS STATE OF APRIL 14, 1999 PAGE 6
EXHIBIT " "
Agreement
• Between _
THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY
and the
CONTRACTOR
THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY
Attention: Manager Public Projects
Railway File:
Agency Project:
Gentlemen:
The undersigned,hereinafter referred to as Contractor,has entered into a Contract dated , 19 with the____
_for the performance of certain work in connection with the project. in the performance of which work the
Contractor will necessarily be required to conduct operations within THE BURLINGTON NORTHERN AND SANTA
FE RAILWAY COMPANY("Railway"),right of way and property("Railway Property"). The Contract provides that
no work shall be commenced within Railway Property until the Contractor employed in connection with said work for
shall have executed and delivered to Railway an Agreement,in the form hereof,and shall have provided
insurance of the coverage and limits specified in said Contract and Section 2 of this Agreement. If this agreement is
executed by other than the Owner,General Partner,President or Vice President of Contractor,evidence is furnished to
you herewith certifying that the signatory is empowered to execute this agreement for the Contractor.
Accordingly,as one of the inducements to and as part of the consideration for Railway granting permission to
Contractor to enter upon Railway Property,Contractor,effective on the date of said contract,has agreed and does
hereby agree with Railway as follows:
Section 1. RELEASE OF LIABILITY AND INDEMNITY
Contractor agrees to release Railway from any claims arising from the performance of this Agreement which
Contractor or any of its employees,subcontractors,agents or invitees could otherwise assert against Railway,
regardless of the negligence of Railway,except to the extent that such claims are proximately caused by the intentional
misconduct or gross negligence of Railway.
Contractor shall indemnify and hold harmless Railway for all judgments,awards,claims,demands,and
expenses(including attorneys' fees),for injury or death to all persons,including Railway's and Contractor's officers
and employees,and for loss and damage to property belonging to any person,arising in any manner from Contractor's
or any of Contractor's subcontractors' acts or omissions or failure to perform any obligation hereunder. THE
LIABILITY ASSUMED BY CONTRACTOR SHALL NOT BE AFFECTED BY THE FACT,IF IT IS A FACT,THAT
THE DESTRUCTION,DAMAGE,DEATH,OR INJURY WAS OCCASIONED BY OR CONTRIBUTED TO BY
THE NEGLIGENCE OF RAILWAY,ITS AGENTS,SERVANTS,EMPLOYEES OR OTHERWISE,EXCEPT TO -
THE EXTENT THAT SUCH CLAIMS ARE PROXIMATELY CAUSED BY THE INTENTIONAL MISCONDUCT
OR GROSS NEGLIGENCE OF RAILWAY.
Approve VP Law March 18, 1998 November 10, 1999 Page 1 of 5
mlexhibit c-1 1 1/10/99
THE INDEMNIFICATION OBLIGATION ASSUMED BY CONTRACTOR SHALL INCLUDE ANY CLAIMS,
SUITS OR JUDGMENTS BROUGHT AGAINST RAILWAY UNDER THE FEDERAL EMPLOYEE'S LIABILITY
ACT,INCLUDING CLAIMS FOR STRICT LIABILITY UNDER THE SAFETY APPLIANCE ACT OR THE
BOILER INSPECTION ACT,WHENEVER SO CLAIMED.
Contractor further agrees,at its expense,in the name and on behalf of Railway,that it shall adjust and settle all claims
made against Railway,and shall,at Railway's discretion,appear and defend any suits or actions of law or in equity
brought against Railway on any claim or cause of action arising or growing out of or in any manner connected with any
liability assumed by Contractor under this Agreement for which Railway is liable or is alleged to be liable. Railway
shall give notice to Contractor,in writing,of the receipt or dependency of such claims and thereupon Contractor shall
proceed to adjust and handle to a conclusion such claims,and in the event of a suit being brought against Railway,
Railway may forward summons and complaint or other process in connection therewith to Contractor,and Contractor,
at Railway's discretion,shall defend,adjust,or settle such suits and protect, indemnify,and save harmless Railway
from and against all damages,judgments,decrees,attorney's fees,costs,and expenses growing out of or resulting from
or incident to any such claims or suits.
It is mutually understood and agreed that the assumption of liabilities and indemnification provided for in this
Agreement shall survive any termination of this Agreement.
Section 2. INSURANCE
(a) Before commencing any work under this Agreement,Contractor must provide and maintain in effect
throughout the term of this Agreement insurance,at Contractor's expense,covering all of the work and
services to be performed hereunder by Contractor and each of its subcontractors,as described below.
(1) Workers'Compensation coverage as is required by State law. THE CERTIFICATE MUST
CONTAIN A SPECIFIC WAIVER OF THE INSURANCE COMPANY'S SUBROGATION RIGHTS
AGAINST THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY.
(2) Commercial General Liability insurance covering liability,including but not limited to Public
Liability,Personal Injury,Property Damage and Contractual Liability covering the obligations
assumed by Contractor in Section 1,with coverage of at least$2,000,000 per occurrence and
$6,000,000 in the aggregate. Where explosion,collapse,or underground hazards are involved,the X,C
and U exclusions must be removed from the policy.
(3) Automobile Liability insurance,including bodily injury and property damage,with coverage of at least
$1,000,000 combined single limit or the equivalent covering any and all vehicles owned or hired by the
Contractor and used in performing any of the services under this agreement.
(4) Railroad Protective Liability insurance stating The Burlington Northern and Santa Fe Railway
Company is the Named Insured covering all of the liability assumed by the Contractor under the
provisions of this Agreement with coverage of at least$2,000,000 per occurrence and$6,000,000 in the
aggregate. Coverage shall be issued on a standard ISO form CG 00 35 01 96 and endorsed to include
ISO form CG 28 31 10 93 and the Limited Seepage and Pollution Endorsement(see attached copy).
The average train traffic per 24-hour period on this route is freight trains at a timetable speed of
MPH and passenger trains at a timetable speed of MPH and switch engine
movements.
All insurance shall be placed with insurance companies licensed to do business in the States in which the work
is to be performed,and with a current Best's Insurance Guide Rating of A-and Class VII,or better.
Approve VP Law March 18, 1998 November 10, 1999 Page 2 of 5
mlexhibit c-I 11/10/99
In all cases except Workers' Compensation and Railroad Protective Liability coverage the certificate must
specifically state that THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY IS AN
ADDITIONAL INSURED.
— Any coverage afforded Railway,the Certificate Holder,as an Additional Insured shall apply as primary and
not excess to any coverage issued in the name of Railway.
(b) Such insurance shall be approved by the Railway before any work is performed on Railway's Property and
shall be carried until all work required to be performed on or adjacent to Railway's Property under the terms
of the contract is satisfactorily completed as determined by(Agency) ,and thereafter until all tools,
equipment and materials not belonging to the Railway, have been removed from Railway's Property and
Railway Property is left in a clean and presentable condition. The insurance herein required shall be obtained
by the Contractor and Contractor shall furnish Railway with an original certificate of insurance,signed by the
insurance company,or its authorized representative,evidencing the issuance of insurance coverage as
prescribed in(a) 1,2 and 3 above,plus the original Railroad Protective insurance policy to:
Attention: Lei k W ,.ee�alr
The Burlington Northern and Santa Fe Railway Company
Maintenance Field Support
4501 Kansas Avenue
Kansas City, Kansas 66106
The certificate of insurance shall guarantee that the policies will not be amended,altered,modified or canceled
insofar as the coverage contemplated hereunder is concerned,without at least thirty(30)days notice mailed by
registered mail to Railway.
Full compensation for all premiums which the Contractor is required to pay on all the insurance described
hereinafter shall be considered as included in the prices paid for the various items of work to be performed
under the Contract,and no additional allowance will be made therefor or for additional premiums which may
be required by extensions of the policies of insurance.
It is further distinctly understood and agreed by the Contractor that its liability to the Railway herein under Section 1
will not in any way be limited to or affected by the amount of insurance obtained and carried by the Contractor in
connection with said Contract.
The Railway file reference number and location information shown at the top of this Agreement,must appear on any
original insurance policies or certificates of insurance sent to Railway by the Contractor.
Section 3. The Contractor will observe and comply with all the provisions,obligations and limitations to be observed by
Contractor which are contained in the subdivision of the specifications of said Contract,entitled EXHIBIT"C",
CONTRACTOR REQUIREMENTS,and shall include,but not be limited to,payment of all costs incurred for any
damages to Railway roadbed,tracks,and/or appurtenances thereto, resulting from use,occupancy,or presence of its
employees,representatives,or agents or subcontractors on or about the construction site.
Section 4. Contractor shall be responsible to Railway,including its affiliated railway companies,and its tenants for all
damages for any unscheduled delay to a freight or passenger train that affects Railway's ability to fully utilize its
equipment and to meet customer service and contract obligations. Contractor will be billed,as further provided below,
for the economic losses arising from loss of use of equipment and train service employees,contractual loss of incentive
pay and bonuses,and contractual penalties resulting from train delays,whether caused by Contractor,or
subcontractors,or by the Railway performing Railway Work. Railway agrees that it will not perform any act to
unnecessarily cause train delay.
For loss of use,Contractor will be billed per freight train hour at an average rate of($385.33 in 1997)with
annual adjustments per hour per train as determined from Railway's record. Any disruption to train traffic may cause
delays to multiple trains at the same time for the same period.
Approve VP Law March 18, 1998 November 10, 1999 Page 3 of 5
micxhibit c-I I I/10/9°
•
In addition to the above damages,passenger,U.S. mail trains and certain other grain,intermodal,coal and
•
freight trains operate under incentive/penalty contracts between Railway and its customer. Under these arrangements,
if Railway does not meet its contract service commitment,Railway may suffer loss of performance or incentive pay or
be subject to a penalty payment. Contractor shall be responsible for any train performance and incentive penalties or
other contractual economic losses actually incurred by Railway which are attributable to a train delay caused by
Contractor,or subcontractors.
As example,a train arrives 30 minutes after its contract service commitments and Railway is assessed damages
per terms of the contract. Either Contractor,and/or subcontractors,caused a 29 minute delay to the train and
therefore are not responsible for any train performance and incentive penalties or other contractual economic losses
actually incurred by Railway.
As example,a train arrives 30 minutes after its contract service commitments and Railway is assessed damages
per terms of the contract. Either Contractor,and/or subcontractors,caused a 31 minute delay to the train and
therefore are 100% responsible for any train performance and incentive penalties or other contractual economic losses
actually incurred by Railway.
The contractual relationship between Railway and its customers is proprietary and confidential. In the event
of a train delay covered by this Agreement,Railway will share information relevant to any train delay to the maximum
extent consistent with Railway confidentiality obligations. Damages for train delay for certain trains could be as high
as S50,000.00 per incident.
Contractor and subcontractors shall plan,schedule,coordinate and conduct all Contractor's work so as to not cause
any delays to any trains.
Kindly acknowledge receipt of this letter by signing and returning to the undersigned two original copies of this
letter,which,upon execution by Railway,shall constitute an Agreement between us.
Yours truly
(Contractor) g The Burlington Northern and Santa Fe
Railway Company
By By
Vice President and Chief Engineer
(Title) Accepted this day of ,19
Address
City, State Zip
Approve VP Law March 18, 1998 November 10, 1999 Page 4 of 5
mlexhibit c-t I U10/99
•
LIMITED SEEPAGE,POLLUTION AND CONTAMINATION COVERAGE
ENDORSEMENT WORDING
In consideration of the premium charged it is understood and agreed that Exclusion f of Coverage A of this Policy shall
not apply to the liability of the Insured resulting from seepage and/or pollution and/or contamination caused solely by:
a) unintended fire,lightning or explosion: or
b) . a collision or overturning of a road vehicle: or
c) a collision or overturning or derailment of a train.
Notwithstanding the foregoing it is agreed that the coverage provided by this Endorsement shall not apply to:
1. loss of,damage to or loss of use of property directly or'indirectly resulting from sub-surface operations
of the Insured,and/or removal of,loss of or damage to sub-surface oil,gas or any other substance;
2. any site or location used in whole or in part for the handling,processing,treatment,storage,disposal
or dumping of any waste materials or substances;
3. the cost of evaluating and/or monitoring and/or controlling seeping and/or polluting and/or
contaminating substances;
4. the cost of removing and/or nullifying and/or cleaning up seeping and/or polluting and/or
contaminating substances on property at any time owned and/or leased and/or rented by the insured
and/or under the control of the Insured.
Notwithstanding the foregoing,Item 1 does not apply to tunnels.
Approve VP Law March 18, 1998 November 10, 1999 Page 5 of 5
mlexhibit c-1 11/10/99
(.
STATE OF
) SS.
COUNTY OF )
On this day of , 2000, before me,the undersigned, a Notary
Public in and 'for said County, personally came
, and
of The Burlington Northern and Santa Fe Railway Company (a Delaware Corporation), to me
personally known to be the and and
the identical persons whose names are affixed to the above conveyance, and acknowledged the
execution thereof to be their voluntary act and deed as such officers and the voluntary act and deed
of said corporation and that the Corporation seal of the said corporation was thereto affixed by its
authority.
Witness my hand and Notarial Seal at in said county the day and year last
above written.
NOTARY PUBLIC
My commission expires , 2000.
STATE OF NEBRASKA )
) SS.
COUNTY OF DOUGLAS )
On this day of , 2000, before me,the undersigned, a Notary
Public in and for said County,personally came Mayor, and , City Clerk of
the City of Omaha,a Municipal corporation,to me personally known to be the Mayor and the City
Clerk and who executed the above conveyance, and acknowledged the execution thereof to be their
voluntary act and deed as such officers and the voluntary act and deed of the City of Omaha, a
Municipal corporation, and that the Corporate seal of the City of Omaha was thereto affixed by its
authority.
In testimony whereof, I have hereunto set my hand and affixed by Notary seal at Omaha, in
Douglas County, on the day and date Iast above written.
NOTARY PUBLIC
My commission expires , 2000.
P:\PW 1\5557sap.doc
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profits or revenue by, or loss of service by a customer or user of, such
telecommunication company(ies).
8. If at any time the use of the premises for the purposes herein should be abandoned
or discontinued by the Grantee,the said easement over the herein described premises
shall thereupon cease and determine and the Grantee shall surrender or cause to be
surrendered to the Grantor or its successors and assigns,the peaceable possession of
said described premises, and title to the said premises shall remain in the Grantor, or
its successors or assigns, free and clear of all rights and claims of the Grantee and of
the public for use and occupancy of the said premises.
9. The Grantor does not warrant its title to said premises nor undertake to defend the
Grantee in the peaceable possession,use or enjoyment thereof; and the grant herein
made is subject to all outstanding rights or interest of others, including the tenants
and licensees of the Grantor.
TO HAVE AND TO HOLD THE SAME, together with all the hereditament and
appurtenances thereunto belonging to Grantee for public use and enjoyment for the purposes
aforesaid and for no other purpose whatsoever subject to the terms and conditions hereinbefore
stated.
IN WITNESS WHEREOF,the said THE BURLINGTON NORTHERN AND SANTA
FE RAILWAY COMPANY has caused this instrument to be signed by its authorized officers, and
the corporate seal affixed on the day of , 2000.
ACCEPTED:
CITY OF OMAHA THE BURLINGTON NORTHERN AND SANTA FE
RAILWAY COMPANY
BY - BY
Mayor
TITLE
s
ATTEST: ATTEST:
BY BY
City Clerk
TITLE
APPROVED AS TO FORM:
Assistant City Attorney
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MOTION BY COIUNCILMEMBER
I hereby move that Council Document No. A / 15 , Current Series, be amended as
follows:
Page 1, Line 4, delete the language "upon execution of the Construction
Agreement to construct a new viaduct at said location" and insert in lieu thereof
the language "upon full and complete execution of all construction activities as
described in such Construction Agreement".
APPROVED AS TO FORM:
-` F-OO
Y A TORNEY DATE
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"NOTICE, .PUBLIC"TO THE DAILY RECORD
The following, rdinance.has been set for OF OMAIIA
City CouncilLneannglon August.1.2000 at,
2:00 o lltkl p.mS;, tm,•'the .Legislative RONALD A. HENNINGSEN,Publisher
Chambers,',D Si ea t i t.w ch hec Center, PROOF OF PUBLICATION
1819 Farnam Sireet,2at..which hearing all
persons interested,may be heard.
AN ORDINANCEtto relieve the Burlington
Northern Santa!Fe.Railway Company and UNITED STATES OF AMERICA,
the Union Pacific Railroad Company from The State of Nebraska,
maintenance obligations with respect to the District of Nebraska, 9s.
10th Street viaduct south of Jackson Street meaty of Douglas,
• within the City, and referenced in Article I, Cityof Omaha,
Section 2;of.Ordinance No. 4664, passed
October 3,1i1899, upon execution of the
• Construction Agreement to construct a new JOHN P. EGLSAER
viaduct at said location,and to approve said
Agreemenias•recommended by the.Mayor, being duly sworn,deposes and says that he is
between The,City of Omaha, the Burlington
Northlrn_.Santa Fe Railway Company and
the Union:Pacific Railroad Company, relative ADVERTISING MANAGER
to the replacement of the 10th Street viaduct
souof Jackson Street, as'located within
the City. of THE DAILY RECORD,of Omaha,a legal newspaper,printed and
the
BUSTER BROWN, published daily in the English language, having a bona fide paid
City Clerk circulation in Douglas County in excess of 300 copies, printed in
7-28-00 Omaha,in said County of Douglas,for more than fifty-two weeks last
• past; that the printed notice hereto attached was published in THE
DAILY RECORD,of Omaha,on
July 28. 2000
That said Newspaper during that time was regularly published and
in_ ;;I;os: .circulation in the County of Douglas, and State of
_i,r-,Iltielitifse
orei,e,,,,,......fCd 9.10
#dditi(t7UrMes �..i Su, Y.• •, in may preset' and...n
s t.i n to
6 $ COAMiSSION - 10 before me this 0 / da-
y of
: .....,
f �
..
U2/
• ` ��., • St fiUtEBO.-- Notary c and fo•Dougl s-County
, State
of Nebraska
1
"NONICE O.353 THE DAILY RECORD
ORDINANCE NO.35301
AN ORDINANCE to relieve the Burlington OF OMAHA
Northern Santa Fe Railway Company and
the Union Pacific Railroad Company from
maintenance obligations with respect to the RONALD A. HENNINGSEN,Publisher
10th Street viaduct t f of Jackson Street PROOF OF PUBLICATION
within the City, and referenced in Article I.
Section 2 of Ordinance No. 4664, passed
October 3, 1899, upon execution of the UNITED STATES OF AMERICA,
Construction Agreement to construct a new
viaduct at said location,and to approve said The State of Nebraska,
Agreement,as recommended by the Mayor, District of Nebraska, ss.
between the City of Omaha, the Burlington County of Douglas
Northern Santa Fe Railway Company and at of Omaha,
the Union Pacific Railroad Company, relative
to the replacement of the 10th Street viaduct
•
south of Jackson Street, as located within JOHN P. EGLSAER
the City.
SUMMARY: being duly sworn,deposes and says that he is
AN ORDINANCE to relieve the Burlington
• Northern Santa Fe Railway Company and
the Union Pacific Railroad Company from ADVERTISING MANAGER
maintenance obligations with respect to the
10th Street viaduct south of Jackson Street THE DAILY RECORD,the City, and referenced in Article I, of of Omaha,a legal newspaper,printed and
Section 2 of Ordinance No. 4664, passed published daily in the English language, having a bona fide paid
October 3, 1899, upon execution of the circulation in Douglas County in excess of 300 copies, printed in
Construction Agreement to construct a new
viaduct at said location,and to approve said Omaha,in said County of Douglas,for more than fifty-two weeks last
Agreement,as recommended by the Mayor, past; that the printed notice hereto attached was published in THE
between the City of Omaha, the Burlington
Northern Santa Fe Railway Company and DAILY RECORD,of Omaha,on
the Union Pacific Railroad Company, relative
to the replacement of the 10th Street viaduct August 25, 2000
south of Jackson Street, as located within
the City.
PASSED:August 8,2000, 7.0
APPROVED BY:
. HAL DAUB 8/9/00
MAYOR OF THE t/ ;,z
CITY OF OMAHA
BUSTER BROWN, Tha aid Newspaper during that time was regularly published and
• City clerk into ral,«circolation in the County of Douglas, and State of
8-2500 1/4
Ne �gkacNERi •<`C3.\
fir, 29
55j (`hf��,..,S�UN ��' ice`:
i1 tionai Cb�lies bed in my Bream d s to
t thrlffr '+' 25th
It 1, A 2 9.Or before me this ...... ..day of
t+ 119t Z`L,� . ... August
I.J'1 •Y 6.2u. *. 2
N. '1 ,st
Notary an /for
State of Nebraska