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Home My WebLink About2000-027P WVM NSUiMurD IIIWUXMII�UOAD CROSSING ORDMANC&Luc ORDINANCE NO SOW -Oa % AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO ACT ON THE CITY'S BEHALF IN EXECUTING A NEW PUBLIC HIGHWAY CROSSING AGREEMENT WITH THE UNION PACIFIC RAILROAD COMPANY RELATING TO THE CONSTRUCTION OF THE NOTTINGHAM ROAD RAILROAD CROSSING AT MILE POST 71717 IN THE CHOCTAW SUBDIVISION, AUTHORIZING THE EXPENDITURE OF FUNDS FOR PROCESSING SUCH AGREEMENT, AND DECLARING AN EFFECTIVE DATE WHEREAS, the City has requested Union Pacific Railroad Company (UP) to grant the City a 70-feet street easement across UP right-of-way at Mile Post 717 17-Choctaw Subdivision for the proposed new Nottingham crossing, and WHEREAS, UP has agreed to grant such easement if the City would close Texas Street at Mile Post 718 40 and the Acme Brick private street crossing at Mile Post 720 69 of the Choctaw Subdivision, pay the cost for constructing the needed improvements and execute a new public street crossing agreement, and WHEREAS, the City finds that the public's health, safety and welfare would be improved by closing the aforementioned streets and opening the Nottingham Road crossing, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the City Manager is hereby authorized to act on the City's behalf in executing a New Public Highway Crossing Agreement, which is attached hereto and made a part hereof for all purposes, with Union Pacific Railroad Company relating to the construction of the Nottingham Road Railroad Crossing at Mile Post 717 17 in the Choctaw Subdivision SECTION 2 That the expenditure of funds as provided in such agreement for the processing of same is hereby authorized SECTION 3 That this ordinance shall become effective immediately upon its passage and approval � PASSED AND APPROVED this the A� day of , 2000 tLLER, MAYOR P bM1uWWeptLLOLWw O mu\ nwcn\WVUl=" CROSSMO OROMMU ftc ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY V�l/ I - MR i I, NO, Page 2 of 2 R D Uhrich Assistant Vice President J A Anthony Director Contracts D D Brown Director Real Estate M W Casey General Director Special Properties J P Gade Director Facility Management Chrystopher Owens City of Denton City Hall West 221 N Elm Denton TX 76201 Dear Mr Owens UNION PACIFIC RAILROAD COMPANY Real Estate Department 1800 Farnam Street Omaha Nebraska 68102 Fax (402) 997 3601 May 4, 2000 Folder No 1809-23 J L Hawkins Director Operations Support M E Heenan Director Administration & Budgets D H Lightwine Director Real Estate T K Love Director Real Estate Attached, please find your original counterpart of Agreement fully executed on behalf of the Railroad Company The Railroad Company has authorized the installation of fiber optic cable facilities on its property in certain areas Prior to using the Railroad Company's property covered herein, you should thoroughly review the terms and conditions of the documents and contact the Railroad Company at 1-800-336-9193 to determine it a fiber optic cable is buried on the subject property When you or your representative enter the Railroad Company's property, a copy of this fully executed document must be available at the site to be shown on request to any Railroad employee or official All Insurance Certificates, if required by the Agreement and not already done so, should be forwarded to Roland Wedige Folder No 1809-23 Union Pacific Railroad Company 1800 Farnam Street Omaha, Nebraska 68102 In accordance with the terms of the agreements, 48 hours in advance of entering the right of way you should arrange to notify our Manager of Track Maintenance Office Richard Maxwell Manager Track Maintenance Fiber Optics Hot Line Union Pacific Railroad 1-800 336 9193 606A Bell Place Denton, TX 76201 (817)387-6213 distlur In In compliance with the Internal Revenue Services' new policy regarding their Form 1099, 1 certify that 94-6001323 is the Railroad Company's correct Federal Taxpayer Identification Number and that Union Pacific Railroad Company is doing business as a corporation Sincerely yours, I?W0644 Lp w ROLAND E WEDIGE CONTRACT REPRESENTATIVE (402)997-3620 CC Steve Martchenke — MIPP - Denver disthr Itr PHC 880706 Folder No 1809 23 Forth Approved AVP Law C `� Agreement Number NEW PUBLIC HIGHWAY CROSSING AGREEMENT Nottingham Road Mile Post 717 17 - Choctaw Sub Denton, Denton County, Texas a� THIS AGREEMENT, made and entered into as of the /d /o1`� h day of fR/ll/fieii 1st by and between UNION PACIFIC RAILROAD COMPANY, a Utah corporation to be addressed at 1800 Famam Street, Omaha, Nebraska 68102 (hereinafter the "Railroad") and the CITY OF DENTON, a municipal corporation or political subdivision of the State of Texas to be addressed at City Hall West 221 N Elm St Denton, TX 76201 (hereinafter the "Political Body% WITNESSETH RECITALS The Political Body desires to undertake as its project the construction of a new road crossing at Nottingham Road (hereinafter the "Project") The Political Body desires the right to use for the Project that portion of the right-of-way of the Railroad at Mile Post 717 17 on the Choctaw Sub (hereinafter the "Crossing Area") shown on the attached print dated September 1, 1999, marked Exhibit A AGREEMENT NOW, THEREFORE, it is mutually agreed by and between the parties hereto as follows ARTICLE 1 - For and in consideration of the Political Body's agreement to perform and abide by the terms of this Agreement, including Exhibits A, B, B-1 and C, attached hereto and hereby made a part hereof, the Railroad hereby grants to the Political Body, the right to establish, construct, maintain, repair, renew, and use a public roadway at grade over and across the Crossing Area, together with the right of entry to control and remove from the Railroad's right-of-way, on each side of the Crossing Area, weeds and vegetation which may obstruct the view of motorists, approaching the Crossing Area, to any trains that may also be approaching the Crossing Area ARTICLE 2 - COMPENSATION In consideration of the rights granted herem, the Political Body does hereby agree to pay to the Railroad the sum of ONE THOUSAND DOLLARS ($1,000 00) for clerical, administrative and handling expense in connection with processing thts Agreement ARTICLE 3 - CFRTIFICA'I L OF LNSURANLE A Before any work on the Premises begins, the Political Body (as defined in Section 8(a) of Exhibit B to this Agreement) will provide the Railroad with a Certificate issued by its insurance carrier providing the insurance coverage required pursuant to Exhibit B-1 of this Agreement in a policy containing the following endorsement 1809 23 phe Page 1 December 23 1999 PHC 880706 Form Approved AVP Law Folder No 1809 23 "Union Pacific Railroad Company is named as additional insured with respect to all liabilities arising out of Insured's performance of the work required for a new 80 ft crossing at Nottingham Road " B The Political Body WARRANTS that this agreement has been thoroughly reviewed by its insurance agent(s)/broker(s) and that said agent(s)/broker(s) has been instructed to procure insurance coverage and an endorsement as required herein C All insurance correspondence shall be directed to Union Pacific Railroad Company, 1800 Farnam Street, Omaha, Nebraska 68102, with reference to Folder No 1809-23 D The Political Body may self -insure all or a portion of the insurance coverage required hereunder, subject to Railroad's review and approval However, the Political Body's contractor/subcontractor (if any) shall obtain and provide evidence of insurance coverage pursuant to Exhibit B-1 of this agreement ARTICLE 4 - IF WORK IS TO BE PERFORMED BY CONTRACTOR If a contractor is to perform any of the work on the Project (including mural construction and subsequent relocation or substantial maintenance and repair work), then the Political Body shall require its contractor to execute the Railroad's Right of Entry Agreement Political Body acknowledges receipt of a copy of the Right of Entry Agreement and understanding of its terms, provisions, and requirements, and will inform its contractor of the need to execute the Agreement Under no circumstances will Political Body's contractor be allowed onto Railroad's premises without first executing the Right of Entry Agreement ARTICLE 5 - FEDERAL AID HIGHWAY PROGRAM The Project is to be financed in whole or in part from funds appropriated by the Federal government and expended under Federal regulations It is therefore agreed, by and between the parties hereto, that Federal -Aid Highway Program Manual, Volume 1, Chapter 4, Section 3, and Volume 6, Chapter 6, Section 2, Subsection 1, issued by the Federal Highway Administration, and any amendments or supplements thereto which are in effect at the time of the execution of each supplement hereto, are incorporated by reference into this Agreement ARTICLE 6 - WORK TO BE PERFORMED BY THE RAILROAD A The Railroad may make any and all changes, alterations or relocations, whether temporary or permanent, and may provide flagging and other protective services and devices, which in the Railroad's judgment may be or become necessary or expedient within the Railroad's right-of-way because of the Project Such work shall include, without limitation, the installation of 1 each 50 track foot concrete road crossing and grade crossing warning devices with gates and flashing lights B The Railroad shall, at the sole cost and expense of the Political Body, maintain, repair, and replace the warning devices installed hereunder, PROVIDED, HOWEVER, that this provision shall not negate the Railroad's eligibility for any further federal, state or local or other public funds that may become available for the maintenance of said devices, and PROVIDED, FURTHER, that the cost of repair or replacement resulting from damage caused by non-parties that is not recoverable by the RAILROAD or POLITICAL BODY from the non-parties shall be home 100% by the Political Body C The Political Body agrees to pay the Railroad 100% of the actual cost of the Railroad's work performed and materials supplied as heremabove set forth, which is estimated to be $125,253 00 Actual costs to the Railroad include customary additives to materials and services provided by the Railroad as shown on Exhibit C, attached hereto and hereby made a part hereof 1809 23 plic Page 2 December 23 1999 PHC 880706 Form Approved AVP Law Folder No 1809 23 This Agreement shall become effective as of the date first herein written, or the date work commences on the Project, whichever is earlier, and shall continue in full force and effect until terminated as herein provided IN WITNESS WHEREOF, the patties have caused this Agreement to be executed in DUPLICATE as of the date first herein written UNION PACIFIC RAII.ROAD COMPANY By % Asst Vice President Real Estate ATTEST By Pursuant to Resolution/Order dated (Seal) , 19. hereto attached 1809-23 phc Page 3 December 23 1999 rye{• LMRR/W 9oD To Q Ft.OMAICgET-9 Ctiosmg (BvRwhoW AtApphemtsEVam) NEW ■ � • � ■ D1S (BvAp*M) N®49 Lf L Width of Y Location Plan Q-b scale) r____________- show 1M*__ }W ppW •uw m� tY.OlN ------------- 1 � 1 I I I I L .at4 /00� LMRR/W III' "A" PHC 880301 Standard Form Approved AVP Law Public I-hghway Crossing a) The Railroad makes no covenant or warranty of title for quiet possession or against encumbrances The Political Body shall not use or permit use of the Crossing Area for any purposes other than those described in this Agreement Without limiting the foregoing the Political Body shall not use or permit use of the Crossing Area for railroad purposes or for gas oil or gasoline pipe lines Any lines constructed on the Railroad's property by or under authority of the Political Body for the purpose of conveying electric power or communications incidental to the Political Body's use of the property for highway purposes shall be constructed in accordance with specifications and requirements of the Railroad, and in such manner as not adversely to affect communication or signal lines of the Railroad or its licensees now or hereafter located upon said property No nonparty shall be admitted by the Political Body to use or occupy any part of the Railroad's property without the Railroad's written consent Nothing herein shall obligate the Railroad to give such consent b) The Railroad reserves the right to cross the Crossing Area with such railroad tracks as may be required for its convenience or purposes in such manner as not unreasonably to interfere with its use as a public highway In the event the Railroad shall place tracks upon the Crossing Area, the Political Body shall, at its sole cost and expense, modify the highway to conform with the rcal line c) The right hereby granted is subject to any existing encumbrances and rights (whether public or private) recorded or not and also to any renewals thereof The Political Body shall not damage, destroy or interfere with the property or rights of nonparties in upon or relating to the railroad property, unless the Political Body at its own expense settles with and obtains releases from such nonparties d) The Railroad reserves the right to use and to grit to others the right to use the Crossing Area for any purpose not inconsistent with the right hereby granted, including, but not byway of limitation the right to construct, reconstruct maintain operate repair alter renew and replace tracks, facilities and appurtenances on the property, also the right to cross the Crossing Area with all kinds of equipment The Railroad further reserves the right to attach signal communication or power lines to any highway facilities located upon the property, provided that such attachments shall comply with Pohtical Body's specifications and will not interfere with the use of the Crossing Area e) So far as it lawfully may do so, the Political Body will assume, beau and pay all taxes and assessments of whatsoever nature or kind (whether general, local or special) levied or assessed upon or against the Crossing Area excepting taxes levied upon and against the property as a component part of the Railroad's operating property f) If any property or rights other than the right hereby granted are necessary for the construction maintenance and use of the highway and its appurtenances, or for the performance of any work in connection with the Project the Political Body will acquire all such other property and rights at its own expense and without expense to the Railroad SECTION 2 - CONSTRUCTION OF HIC=I IWAY a) The Political Body, at its own expense, will apply for and obtain all public authority required by law ordinance rule or regulation for the Project, and will furnish the Railroad upon request with satisfactory evidence that such authority has been obtained b) Except as may be otherwise specifically provided herein, the Political Body, at its own expense will furnish all necessary labor material and equipment, and shall construct and complete the highway and all appurtenances thereof The appurtenances shall include, without lititation, all necessary and proper highway warning devices (except those installed by the Railroad within its right-of-way) and all necessary and proper drainage facilities, guard rails or barriers, and right of way fences between the highway and the railroad tracks Upon completion of the Project, the Political Body shall remove from the Railroad's property all temporary structures and false work, and will leave the Crossing Area in a condition satisfactory to the Railroad phx exb Page 1 Exhibit B G \1awadm\par\1brms\0$89n exb PHC 880301 Standard Form Approved AVP Law c) The Railroad will receive no ascertainable benefit from the construction of the Project, and, except as may be specifically provided herem shall not be required to pay or contribute any part of the cost thereof If the Project is to be financed in whole or in part by Federal funds, all construction work by the Political Body shall be performed and any reimbursement to the Railroad for work it performs shall be made, in accordance with the applicable Federal acts, regulations and this Agreement d) All construction work of the Political Body upon the Railroad's property (including but not limited to construction of the highway and all appurtenances and all related and incidental work) shall be performed and completed in a manner satisfactory to the Vice President -Engineering Services of the Railroad or his authorized representative and in accordance with detailed plans and specifications prepared by and at the expense of the Political Body, and approved in writing by the Railroad's Vice President - Engineering Services e) All construction work of the Political Body shall be performed diligently and completed within a reasonable time and in any event within three (3) years from the effective date of this Agreement or within such further period of time as may be specified in writing by the Railroad's Vice President Engineering Services No part of the Project shall be suspended discontinued or unduly delayed without the Railroad's written consent, and subject to such reasonable conditions as the Railroad may specify It is understood that the Railroad's tracks at and in the vicinity of the work will be in constant or frequent use during progress of the work and that movement or stoppage of trams, engines or cars may cause delays in the work of the Political Body The Political Body hereby assumes the risk of any such delays and agrees that no claims for damage on account of any delay shall be made against the Railroad f) If the Project includes construction of a structure over which trains are to be operated, or for which the Railroad has any responsibility for maintenance, the Political Body shall furnish the Railroad permanent reproducible prints of all design and shop drawings as soon as possible after approval by the Vice President Engineering Seances of the Railroad or his authorized representative Upon completion of construction, the Pohhcal Body shall furnish the Railroad two sets of "as constructed" prints and, in addition, upon request of the Vice President -Engineering Services of the Railroad "as constructed" permanent reproducible prints of all or any portion of the structure If the Political Body in the performance of any work contemplated by this Agreement or by the failure to do or perform anything for which the Political Body is responsible under the provisions of this Agreement shall injure damage or destroy any property of the Railroad or of any other person lawfully occupying or using the property of the Railroad, such property shall be replaced or repaired by the Political Body at the Political Body's own expense, or by the Railroad at the expense of the Political Body and to the satisfaction of the Railroad's Vice President-Engmeering Services a) Bills for work and matenals shall be paid by the Political Body promptly upon receipt thereof The Railroad will submit to the Political Body current bills for flagging and other protective services and devices during progress of the Project The Railroad will submit final billing for flagging and other protective seances within one hundred and twenty (120) days after completion of the Project provided the Political Body advises the Railroad of the commencement of the 120-day period by giving the Railroad written notification of completion of the Project b) The Railroad may contract for the performance of any of its work by other than rmlroad forces The Railroad shall notify the Political Body of the contract price within ninety (90) days after it is awarded Unless the Railroad's work is to be performed on a fixed price basis the Political Body shall reimburse the Railroad for the amount of the contract a) If the Project involves a grade crossing 1) The Political Body shall at its own sole expense, maintain, repair and renew or cause to be maintained repaired and renewed, the entire Crossing Area, except the portions between the track tie ends, which shall be maintained by and at the expense of the Railroad phx exb Page 2 Exhibit B G \Iawadm\par\forms\0589n exb PHC 880301 Standard Form Approved AVP Law 2) If, in the future, the Political Body elects to have the surfacing material between the track tie ends or between tracks if there is more than one railroad track across the Crossing Area replaced with paving or some surfacing material other than timber planking, the Railroad, at the Political Body's expense shall install such replacement surfacing, and in the future to the extent repair or replacement of the surfacing is necessitated by repair or rehabilitation of the Railroad's tracks through the Crossing Area, the Political Body shall bear the expense of such repairs or replacement b) If the Project involves a public highway crossing under the Railroad's tracks 1) The Political Body shall, at its own sole expense, maintain repair, and renew, or cause to be maintained repaired and renewed, the entire substructure of the highway -railroad grade separation structure 2) The Railroad shall, at its own sole expense, maintain and repair, or cause to be maintained and repaired the entire superstructure of the highway -railroad grade separation structure c) If the Project involves a public highway crossing over the Railroad's tracks the Political Body shall, at its own sole expense maintain, repair, and renew, or cause to be maintained, repaired, and renewed the entire highway -railroad grade separation structure SECTION 6 - CHANGES IN GRADE If at any time the Railroad shall elect, or be required by competent authority to raise or lower the grade of all or any portion of the track or tracks located on the Crossing Area, the Political Body shall at its own expense conform the public highway in the Crossing Area to conform with the change of grade of the trackage SECTION 7 REARRANGEMENT OF WARi\IING DEVICES If the change or rearrangement of any warning device installed hereunder is necessitated for public or Railroad convenience or on account of improvements for either railroad, highway or both, the parties will apportion the expense incidental thereto between themselves by negotiation, agreement or by the order of a competent authority before the change or rearrangement is undertaken • yslY u!_:. :_.. ':•M tlM�� • ;.:.t_;•:� •u';U •'sh :4•i. It is understood and recognized that safety and continuity of the Railroad's operations and communications are of the utmost importance, and in order that the same may be adequately safeguarded protected and assured and in order that accidents may be prevented and avoided it is agreed with respect to all of said work of the Political Body that the work will be performed in a safe manner and in conformity with the following standards a) Definitions All references in this Agreement to the Political Body shall include the Political Body's contractors subcontractors, officers, agents and employees, and others acting under its or their authority, and all references in this Agreement to work of the Political Body shall include work both within and outside of railroad property b) Comph=ge With Lon The Political Body shall comply with all applicable federal, state and local laws regulations and enactments affecting the work The Political Body shall use only such methods as are consistent with safety, both as concerns the Political Body, the Political Body's agents and employees, the officers, agents, employees and property of the Railroad and the public in general The Political Body (without limiting the generality of the foregoing) shall comply with all applicable state and federal occupational safety and health acts and regulations All Federal Railroad Administration regulations shall be followed when work is performed on the Railroad's premises If any failure by the Political Body to comply with any such laws, regulations, and enactments, shall result in any fine, penalty, cost or charge being assessed, imposed or charged against the Railroad, the Political Body shall reimburse and indemnify the Railroad for any such fine, penalty, cost or charge, including without !irritation attomey's fees, court costs and expenses The Political Body further agrees in the event of any such action upon notice thereof being provided by the Railroad, to defend such action free of cost, charge, or expense to the Railroad c) No Interfgrence or Delays The Political Body shall not do, suffer or permit anything which will or may obstruct endanger, phx exb Page 3 Exhibit B G \1awadm\par\fprms\0589n exb PHC 880301 Standard Form Approved AVP-Law interfere with, hinder or delay maintenance or operation of the Railroad's tracks or facilities or any communication or signal lines installations or any appurtenances thereof, or the operations of others lawfully occupying or using the Railroad's property or facilities d) Supervision The Political Body at its own expense shall adequately police and supervise all work to be performed by the Political Body and shall not inflict injury to persons or damage to property for the safety of whom or of which the Railroad may be responsible, or to property of the Railroad The responsibility of the Political Body for safe conduct and adequate policing and supervision of the Project shall not be lessened or otherwise affected by the Railroad's approval of plans and specifications, or by the Rcalroad's collaboration in performance of any work, or by the presence at the work site of the Railroads representatives, or by compliance by the Political Body with any requests or recommendations made by such representatives If a representative of the Railroad is assigned to the Project the Political Body will give due consideration to suggestions and recommendations made by such representative for the safety and protection of the Railroad's property and operations e) Suspension of Work If at any time the Political Bodys engineers or the Vice President Engineering Services of the Railroad or their respective representatives shall be of the opinion that any work of the Political Body is being or is about to be done or prosecuted without due regard and precaution for safety and security, the Political Body shall immediately suspend the work until suitable adequate and proper protective measures are adopted and provided f) Removal of Debris The Political Body shall not cause, suffer or permit material or debris to be deposited or cast upon or to slide or fall upon any property or facilities of the Railroad, and any such matenal and debris shall be promptly removed from the Railroad's property by the Political Body at the Political Body's own expense or by the Railroad at the expense of the Political Body The Political Body shall not cause, suffer or permit any snow to be plowed or cast upon the Railroad's property during snow removal from the Crossing Area g) Eplosives The Political Body shall not discharge any explosives on or in the vicinity of the Railroad's property without the prior consent of the Railroad's Vice President -Engineering Services which shall not be given if in the sole discretion of the Railroad's Vice President -Engineering Services, such discharge would be dangerous or would interfere with the Railroad's property or facilities For the purposes hereof, the'4Acimty of the Railroad's property' shall be deemed to be anyplace on the Railroad's property or in such close proximity to the Railroad's property that the discharge of explosives could cause injury to the Railroad's employees or other persons, or cause damage to or interference with the facilities or operations on the Railroad's property The Railroad reserves the right to impose such conditions restrictions or limitations on the transportation handling, storage, security and use of explosives as the Railroad in the Railroad's sole discretion may deem to be necessary desirable or appropriate In addition to any conditions, restrictions or limitations as may be specifically imposed 1) Unless the Railroad's Vice President -Engineering Services agrees otherwise the Political Body shall provide no less than 48 hours' notice, excluding weekends and holidays before discharging any explosives 2) Any explosives loaded in holes or placed or otherwise readied for discharge on a day shall be discharged on the same day during daylight hours, and at mutually acceptable times 3) The Political Body, at its own expense, shall take all precautionary measures and construct all temporary shelters necessary to guard against danger of damage, destruction or interference arising out of or connected with any blasting or any transportation, handling, storage, security or use of explosives 4) The Political Body shall require explosives to be transported, handled, stored or otherwise secured and used in a manner satisfactory to the Railroad and in accordance with local state and Federal laws, rules and regulations including without limitation, United States Department of Labor, Bureau of Labor Standards Safety cmd Health Regulations for Construction, 29 CFR Part 1518, Subpart U -- "Blasting and the Use of Explosives", and Occupational Safety and Health Administration Occupational Suety and Health Standards, 29 CFR Part 1910, Subpart H -- "Hazardous Materials" h) Obstructions to View Except as otherwise specifically provided herein, the Political Body shall not cause or permit the view along the tracks of the Railroad to be obstructed, nor place any combustible material on the premises, nor erect any structures thereon If public law or regulation requires control or removal of weeds or vegetation on each side of the Crossing phx exb Page 4 Exhibit B G \lawadm\par\fortes\0589n exb PHC 880301 Standard Form Approved AVP Lew Area the Political Body will perform such control or removal work without expense to the Railroad or, if the Political Body may not lawfully perform the control or removal work, reimburse the Railroad for the cost of performing such control or removal If the crossing is not equipped with automatic tram activated warrung devices with gate arms 1) The Political Body shall control or remove weeds and vegetation within and on each side of the Crossing Area so that the view of approaching motorists to approaching trains is not obstructed by weeds or vegetation, and 2) Insofar as it may lawfully may do so, the Political Body will not permit non-parties to construct sight obstructing buildings or other permanent structures on property adjacent to the right-of-way 1) F.xcay Linn The Political Body shall not excavate from existing slopes nor construct new slopes which are excessive and may create hazards of slides or falling rock, or impair or endanger the clearance between existing or new slopes and the tracks of the Railroad The Political Body shall not do or cause to be done any work which will or may disturb the stability of any area or adversely affect the Railroad's tracks or facilities The Political Body, at its own expense shall install and maintain adequate shoring and cribbing for all excavation and/or trenching performed by the Political Body in connection with construction, manntenarice or other work The shoring and cribbing shall be constructed and maintained with materials and in a manner approved by the Railroad's Vice President Engineering Services to withstand all stresses likely to be encountered including any stresses resulting from vibrations caused by the Railroad's operations in the vicinity j) Dram ggs, The Political Body at the Political Body's own expense, shall provide and maintain suitable facilities for draunng the highway and its appurtenances, and shall not suffer or permit drainage water therefrom to flow or collect upon property of the Railroad The Political Body, at the Political Body's own expense shall provide adequate passageway for the waters of any streams, bodies of water and drainage facilities (either natural or artificial and including water from the Railroad's culvert and drainage facilities), so that said waters may not, because of any facilities or work of the Political Body be impeded obstructed, diverted or caused to back up overflow or damage the property of the Rmlroad or any part thereof or property of others The Political Body shall not obstruct or interfere with existing ditches or drainage facilities k) Notice Before commencing any work the Political Body shall provide 48 hours prior notice (excluding weekends and holidays) to the Railroad's Manager -Track Maintpnance 1) Fiber Opjic Cables Fiber optic cable systems may be buried on the Railroad's property Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits Political Body shall telephone the Railroad at 1-800 336-9193 (a 24-hour number) to determine if fiber optic cable is buried anywhere on the Ratlroad's premises to be used by the Political Body If it is Political Body will telephone the telecommunications compcmy(ies) involved arrange for a cable locator and make arrangements for relocation or other protection of the fiber optic cable prior to beginning any work on the Railroad's premises If at anytime it is determined by a competent authority, by the Political Body or by agreement between the parties that new or improved tram activated warming devices should be installed at the Crossing Area the Political Body shall install adequate temporary warning devices or signs and impose appropriate vehicular control measures to protect the motoring public until the new or improved devices have been installed phx exb Page 5 Exhibit B G Vawadm\par\forms\0589n exb PHC 880301 Standard Form Appro4ed AVP Law SECTION 10 - OTHER RAII.ROADS All protective and indemnifying provisions of this Agreement shall inure to the benefit of the Railroad and any other railroad company lawfully using the Railroad's property or facilities SECTION 11 - RMMIES FOR BREACH OR NONUSE a) If the POhticd Body shall fail, refuse or neglect to perform and abide by the terms of this Agreement, the Railroad in addition to any other rights and remedies, may perform any work which in the judgment of the Railroad is necessary to place the highway and appurtenances in such condition as will not menace, endanger or interfere with the Railroad's facilities or operations or jeopardize the Railroad's employees, and the Political Body will reimburse the Railroad for the expenses thereof b) Nonuse by the Political Body of the Crossing Area for public roadway purposes continuing at anytime for a period of eighteen (18) months shall, at the option of the Railroad, work a termination of this Agreement and of all rights of the Political Body hereunder c) The Pohticd Body will surrender peaceable possession of the Crossing Area upon termination of this Agreement Termination of this Agreement shall not affect any rights, obligations or liabilities of the parties accrued or otherwise, which may have ansen prior to termination SECTION 12 - MODIFICATION - ENME AGREEMENT No waiver modification or amendment of this agreement shall be of any force or effect unless made in writing, signed by the Political Body and the Railroad and specifying with particularity the nature and extent of such waiver modification or amendment Any waiver by the Railroad of any default by the Political Body shall not affect or impair any right arising from any subsequent default This Agreement and Exhibits attached hereto and made a part hereof constitute the entire understanding between the Political Body and the Railroad and cancel and supersede any prior negotiations understandings or agreements, whether written or oral, with respect to the work or any part thereof SECTION 13 - ASSIGNMEM, SUCCESSORS AND ASSIGNS This Agreement shall not be assigned without the written consent of the Railroad Subject hereto, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their successors and assigns phx exb Page 6 Exhibit B G \lawadm\pwr forma\0589n exb PHC/PHE INS 920624 Standard Form Approved AVP Law Wrap-100:�1 Public Road Insurance Requirements The Political Body and/or its Contractor/Subcontractor shall, at Its own and/or its Contractor's/Subcontractor's sole cost and expense, procure the following kinds of insurance and promptly pay when due all premiums for that insurance The Railroad Protective Insurance described in Paragraph D below only needs to be obtained and kept in force during the duration of construction or major reconstruction of the highway located on the Premises The other Insurance coverage described in Paragraphs A. B and C below shall be kept in force by the Political Body during the life of this Agreement A General Public Liability insurance providing bodily injury, including death, personal Injury and property damage coverage with a combined single limit of at least $2 000,000 each occurrence or claret and a general aggregate limit of at least $4,000,000 This insurance shall provide Broad Form Contractual Liability covering the indemnity provisions contained in this Agreement, Underground Hazard, Broad Form Property Damage a waiver of governmental immunity (ISO Form GL 24 14 or equivalent), severability of interests and name Railroad as an additional insured with respect to all liabilities arising out of Political Body's obligation to Railroad in the Agreement If coverage is purchased on a "claims made" basis it shall provide for at least a three (3) year extended reporting or discovery period, which shall be invoked should insurance covering the time period of this Agreement be cancelled B Automobile Public Liability insurance providing bodily injury and property damage with a combined single limit of at least $2,000,000 each occurrence or claim This insurance shall provide contractual liability by endorsement ISO Form CA 00 25 or equivalent covering all motor vehicles including hired and non -owned mobile equipment to the extent it may be excluded from general liability insurance, severabihty of interests and name Railroad as an additional insured with respect to all liabilities ansing out of Political Body's obligation to Railroad in the Agreement C Worker's Compensation insurance covering the statutory liability as determined by the compensation laws of the state(s) affected by this Agreement and Employers' Liability with a limit of at least $1 000 000 Also compliance with all laws of states which require participation in their state workers' compensation fund D Railroad Protective Liability insurance naming Railroad as insured with a combined single limit of $2,000,000 per occurrence with a $6 000 000 aggregate The policy form shall be AAR-AASHTO with broad form coverage for "Physical Damage to Property" (ISO Form GL 00 30) or as revised ISO-RIMA (Form CG 00 35) and include pollution ansing out of fuels and lubricants brought to the job site (ISO Form CG 2831 or equivalent) If the Lloyd's London policy form is used limits shall be $3,000 000 per occurrence with a $9,000,000 aggregate and the Extended Claims Made Date shall be determined by adding the length of the original policy period plus one year to the policy expiration date The Political Body and/or its Contractor(s)/Subcontractor(s) hereby wave their right of subrogation, as respects the above insurance policy0es), against Railroad for payments made to or on behalf of employees of Political Body or its agents or its Contractor(s)/Subcontractor(s) and for loss of their owned or leased property or property under their care, custody and control while on or near Railroad's right-of-way or other real property Political Body's and/or its Contractor's/Subcontractor's insurance shall be primary with respect to any insurance carried by Railroad Political Body and/or its Contractor(s)/Subcontractor(s) shall furnish to Railroad certificate(s) of insurance evidencing the required coverage and endorsement(s) and upon request a certified duplicate original of any of those policies The insurance compaiy(tes) issuing such policy(tes) shall notify Railroad in writing of any material alteration including any change in the retroactive date in any "claims -made" policies or substantial reduction of aggregate limits, if such limits apply, or cancellation thereof at least thirty (30) days prior thereto The msurance pohcy(ies) shall be written by a reputable insurance company or companies acceptable to Railroad or with a current Best's Insurance Guide Rating of B and Class VII or better Such insurance company shall be authorized to transact business in the state(s) affected by this Agreement phxexbI exb Page 7 Exhibit B 1 CONTRACTOR'S ROE 980204 Forth Approved AVP-Law Folder No 180923 CONTRACTOR'S THIS AGREEMENT is made and entered into as of the day of , 199_ by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation (hereinafter referred to as the "Railroad"), and, a(hereinafter referred to as the "Contractor") RECITALS Contractor has been hired by City of Denton (hereinafter "Denton, TX") to perform work relating to (the "Work"), partially located on property of Railroad in the vicinity of Nottingham Road[, which Work is the subject of a Contract dated between Railroad and City of Denton Contractor has requested Railroad to permit it to perform the work on Railroad property, and Railroad is agreeable thereto, subject to the following terms and conditions AGREEMENT NOW, THEREFORE, it is mutually agreed by and between the Railroad and Contractor, as follows ARTICLE 1 - For purposes of this agreement, all references in this agreement to the Contractor shall include the Contractor's contractors, subcontractors, officers, agents and employees, and others acting under its or their authority .► t it's�l The Railroad hereby grants to the Contractor the right, during the term hereinafter stated and upon and subject to each and all of the terms, provisions and conditions herein contained, to enter upon and have mgress to and egress from the property described in the Recitals for the purpose of performing any work described in the Recitals above The right herein granted to Contractor is limited to those portions of Railroad's property specifically described herein, or as designated by the Railroad Representative named in Article 4 :uMEMO1 600W0.11KI)a IFA lo 3102 ICE_.. IfI TMReU7:54 The terms and conditions contained in Exhibits A and A-1, attached hereto, are hereby made a part of this agreement ' cm *.v tivi Doire):c sc t: si ;; I IR"Temi wu**131zi KV IMA DI The Contractor shall bear any and all costs and expenses associated with any work performed by the Contractor, or any costs or expenses incurred by the Railroad relating to this agreement All work performed by Contractor on Railroad's property shall be performed in a manner satisfactory to the Railroad's Manager Track Maintenance] or his authorized representative (hereinafter the "Railroad Representative") identified below Richard Maxwell 606A Bell Place Denton, TX 76201 (817)387-6213 H VATMWPWIM180 23 ROE CONTRACTOR'S ROE 980204 Form Approved AVP-Law Folder No 180923 a) The grant of right herem made to Contractor shall commence on the date of this agreement, and continue until , unless sooner terminated as herem provided, or at such tune as Contractor has completed its work on Railroad's property, whichever is earlier Contractor agrees to notify the Railroad Representative in writing when it has completed its work on Railroad property b) This agreement may be terminated by either party on ten (10) days written notice to the other party ARTICLE 6 - CERTIFICATE OF INSURANCE a) Before commencing any work, Contractor will provide Railroad with a Certificate issued by its insurance carrier providing the insurance coverage required pursuant to Exhibit A-1 of this agreement in a policy which contains the following type of endorsement Union Pacific Railroad Company is named as additional insured with respect to all liabilities arising out of Insureds, as Contractor, performance of any work on the property of the Railroad b) Contractor warrants that this agreement has been thoroughly reviewed by its insurance agent(s)/broker(s) and that said agent(s)/broker(s) has been instructed to procure insurance coverage and an endorsement as required herein c) All insurance correspondence shall be directed to Folder No 1809-23 Union Pacific Railroad Company Director - Contracts Attu Cheryl A Kinkel 1800 Famem Street Omaha, Nebraska 68102 ARTICLE 7 - CHOICE OF FORUM This agreement shall be governed, construed and enforced in accordance with the laws of the state ofrexas Litigation arising out of or connected with this agreement may be instituted and maintained in the courts of the states of Nebraska and Texas only, and the parties consent to jurisdiction over their person and over the subject matter of any such litigation, in those courts, and consent to service of process issued by such courts At the request of Railroad, Contractor shall remove from Railroad property any employee of Contractor or any subcontractor who fails to conform to the instructions of the Railroad Representative in connection with the work on Railroad's property, and any right of Contractor shall be suspended until such removal has occurred Contractor shall indemnify Railroad against any claims arising from the removal of any such employee from Railroad property ARTICLE 9 - ADMINISTRATIVE FEE Contractor shall pay to Railroad Five Hundred Dollars ($500 00) as reimbursement for clerical, administrative and handling expenses in connection with the processing of this agreement CONTRACTOR'S ROE 980204 Form Approved AVP Law Folder No 180923 ARTICLE 10 - a) No additional vehicular crossings (including temporary haul roads) or pedestrian crossings over Railroad's trackage shall be installed or used by Contractor without the prior written permission of Railroad b) Explosives or other highly flammable substances shall not be stored on Railroad property without the prior written approval of the Railroad Representative IN WITNESS WHEREOF, the parties hereto have executed this agreement In duplicate as of the date first herem written (Name of Contractor) By - Trtle UNION PACIFIC RAILROAD COMPANY a H VATAMPWIMISM27 ROE 4 CONTRACTS REPRESENTATIVE CONTRACTOR'S ROE 980204 Folder No 1809-23 Form Approved AVP Law . I : 0 alm oxama-mmoi : 814XY11 >!` i 01,44011/131a s s s u u J DICLO)u DICI JLIJ. sTITIM91r/;[KtJICE . a The Contractor agrees to notify the Railroad Representative at least 10 working days in advance of Contractor commencing its work and at least 5 working days in advance of proposed performance of any work by the Contractor in which any person or equipment will be within 25 feet of any track, or will be near enough to any track that any equipment extension (such as, but not lumted to, a crane boom) will reach to within 25 feet of any track No work of any kind shall be performed, and no person, equipment, machinery, tool(s), matenal(s), vehicle(s), or thing(s) shall be located, operated, placed, or stored within 25 feet of any of Railroad's track(s) at any tune, for any reason, unless and until a Railroad flagman is provided to watch for trams Upon receipt of such 5-day notice, the Railroad Representative will determine and inform the Contractor whether a flagman need be present and whether the Contractor need implement any special protective or safety measures If flagging or other special protective or safety measures are performed by the Railroad, such services will be provided at Contractor's expense with the understanding that if the Railroad provides any flagging or other services, the Conductor shall not be relieved of any of its responsibilities or liabilities set forth herein Contractor shall promptly pay to Railroad all charges connected with such services within 30 days after presentation of a bill therefor b The rate of pay per hour for each man will be the prevailing hourly rate in effect for an eight hour day for the class of men used during regularly assigned hours and overtime in accordance with Labor Agreements and Schedules in effect at the time the work is performed In addition to the cost of such labor, a composite charge for vacation, holiday, health & welfare, supplemental sickness, Railroad Retirement & UC, supplemental pension, Empl Liability & Property Damage and Administration will be included, computed on actual payroll The composite charge will be the prevailing composite charge in effect on the day of execution of this agreement One and one-half times the current hourly rate is paid for overtime, Saturdays and Sundays, two and one-half times current hourly rate for holidays Wage rates are subject to change, at any time, by law or by agreement between the railroad and its employees, and may be retroactive as a result of negotiations or a ruling of an authorized Governmental Agency Additional charges on labor are also subject to change If the wage rate or additional charges are changed, the Contractor shall pay on the basis of the new rates and charges c Reimbursement to the Railroad will be required covenng the full eight hour day during which any flagman is fumished, unless he can be assigned to other Railroad work during a portion of such day, in which event reimbursement will not be required for the portion of the day during which the flagman is engaged in other Railroad work Reimbursement will also be required for any day not actually worked by said flagman following his assignment to work on the project for which the Railroad is required to pay the flagman and which could not reasonably be avoided by the Railroad Company by assignment of such flagman to other work , even though the Contractor may not be working during such time a The foregoing grant of nght is subject and subordinate to the prior and continuing right and obligation of the Railroad to use and maintain its entire property including the right and power of the Railroad to construct, maintain, repair, renew use, operate, change, modify or relocate railroad tracks, roadways, signal, communication, fiber optics, or other wirelmes, pipelines and other facilities upon, along or across any or all parts of its property, all or any of which may be freely done at any time or tunes by the Railroad without liability to the Licensee or to any other party for compensation or damages b The foregoing grant is also subject to all outstanding superior rights (including those in favor of licensees and lessees of the Railroad's property, and others) and the right of the Railroad to renew and extend the same, and is made without covenant of title or for quiet enjoyment No work performed by Contractor shall cause any interference with the constant, continuous and uninterrupted use of the tracks, property and facilities of the Railroad its lessees, licensees or others, unless specifically permitted under this agreement or specifically authorized in advance by the Railroad Representative Nothing shall be done or suffered to be done by the Contractor at any time that H 0ATA\WPWIM18D9 23 ROB CONTRACTOR'S ROE 980204 Folder No 180923 Form Approved AVP Law would in any manner impair the safety thereof When not in use, Contractor's machinery and materials shall be kept at least 50 feet from the centerline of Railroad's nearest track, and there shall be no vehicular crossings of Railroad's tracks except at existing open public crossings Section 4 MECHANIC'S LIENS The Contractor shall pay in full all persons who perform labor or provide materials for the work to be performed by Contractor The Contractor shall not create, permit or suffer any mechanic's or matenalmen's liens of any kind or nature to be created or enforced against any property of the Railroad for any such work performed The Contractor shall indemnify and hold harmless the Railroad from and against any and all liens, claims, demands, costs or expenses of whatsoever nature in any way connected with or growing out of such work done, labor performed, or materials furnished 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 MIT @73l'_11 mcfel 51UNr a_:. In the prosecution of the work covered by this agreement, the Contractor shall secure any and all necessary permits and shall comply with all applicable federal, state and local laws, regulations and enactments affecting the work The Contractor shall use only such methods as are consistent with safety, both as concerns the Contractor, the Contractor's agents and employees, the officers, agents, employees and property of the Railroad and the public in general The Contractor (without limiting the generality of the foregoing) shall comply with all applicable state and federal occupational safety and health acts and regulations All Federal Railroad Administration regulations shall be followed when work is performed on the Railroad's property If any failure by the Contractor to comply with any such laws, regulations, and enactments, shall result in any fine, penalty, cost or charge being assessed, unposed or charged against the Railroad, the Contractor shall reimburse and indemnify the Railroad for any such fine, penalty, cost, or charge, including without limitation attorneys' fees, court costs and expenses The Contractor further agrees in the event of any such action, upon nonce thereof being provided by the Railroad, to defend such action free of cost, charge, or expense to the Railroad Section 7 Safety of personnel, property, rail operations and the public is of paramount importance in the prosecution of the Work pursuant to this agreement As reinforcement and in furtherance of overall safety measures to be observed by the Contractor (and not by way of limitation), the following special safety rules shall be followed a The Contractor shall keep the job site free from safety and health hazards and ensure that its employees are competent and adequately trained mall safety and health aspects of the job The Contractor shall have proper first aid supplies available on the job site so that prompt first aid services can be provided to any person that maybe injured on the lob site The Contractor shall promptly notify the Railroad of any U S Occupational Safety and Health Administration reportable injuries occurring to HiDATAMPWIM188 Z3 ROE CONTRACTOR'S ROE 980204 Form Approved AVP Law Folder No 180923 any person that may anse_dunng the work performed on the job site The Contractor shall have anon -delegable duty to control its employees while they are on the job site or any other property of the Railroad to be certain they do not use, be under the influence of, or have in their possession any alcoholic beverage, drug, narcotic or other substance that may inhibit the safe performance of work by the employee b The employees of the Contractor shall be suitably dressed to perform their duties safely and in a manner that will not interfere with their vision, hearing or free use of their hands or feet Only waist length shuts with sleeves and trousers that cover the entire leg are to be worn If flare -legged trousers are worn, the trouser bottoms must be tied to prevent catching The employees should wear sturdy and protective work boots and at least the following protective equipment (1) Protective head gear that meets American National Standard-Z89 I -latest revision It is suggested that all hardhats be affixed with Contractor's or subcontractor's company logo or name (2) Eye protection that meets American National Standard for occupational and educational eye and face protection, Z87 1-latest revision Additional eye protection must be provided to meet specific job situations such as welding, grinding, burning, etc , and (3) Hearing protection which affords enough attenuation to give protection from noise levels that will be occurring on the job site c All heavy equipment provided or leased by the Contractor shall be equipped with audible back-up warning devices If in the opinion of the Railroad Representative any of Contractor's or any of its subcontractor's equipment is unsafe for use on the Railroad's right-of-way, the Contractor, at the request of the Railroad Representative, shall remove such equipment from the Railroad's right-of-way Section 8 INDEMNITY. a As used in this Section, "Railroad" includes other railroad companies using the Railroad's property at or near the location of the Contractor's installation and their officers, agents, and employees, "Loss" includes loss, damage, claims, demands, actions, causes of action, penalties, costs, and expenses of whatsoever nature, including court costs and attorneys' fees, which may result from (a) injury to or death of persons whomsoever (including the Railroad's officers, agents, and employees, the Contractor's officers, agents, and employees, as well as any other person), and/or (b) damage to or loss or destruction of property whatsoever (including Contractor's property, damage to the roadbed, tracks, equipment, or other property of the Railroad, or property in its care or custody) b As a major inducement and in consideration of the license and permission herein granted, the Contractor agrees to indemnify and hold harmless the Railroad from any Loss which is due to or arises from any cause and is associated in whole or in part with the work performed under this agreement, a breach of the agreement or the failure to observe the health and safety provisions herein, or any activity, omission or negligence ansing out of performance or nonperformance of this agreement regardless of whether contributed to in part by the negligence or fault of Railroad However, the Contractor shall not mdemnify the Railroad when the Loss is caused by the sole negligence of the Railroad c Any liability of either party hereunder to one of its employees under any Workers' Compensation Act or the Federal Employers' Liability Act shall not be questioned or in any way challenged by the other parry, nor shall any jury or court findings resulting from any employee's suit against either party pursuant to any such Act(s) be relied upon or used by either party in any attempt to assert common law liability against the other o *-I ILI] zm 4 1 (41alij a W,� In the event the Railroad authorizes the Contractor to take down any fence of the Railroad or in any manner move or disturb any of the other property of the Railroad in connection with the work to be performed by Contractor, then in that event the Contractor shall, as soon as possible and at Contractor's sole expense, restore such fence and other property to the same condition as the same were in before such fence was taken down or such other property was moved or disturbed The Contractor shall remove all of Contractor's tools, ROE CONTRACTOR'S ROE 980204 Form Approved AVP Law Folder No 180923 equipment and materials from Railroad's property promptly upon completion of the work, restoring Railroad's property to the same state and condition as when Contractor entered thereon Section 10 WAIVER OF BREACH Waiver by the Railroad of the breach of any condition, covenant or agreement herein contained to be kept, observed and performed by the Contractor shall in no way impair the right of the Railroad to avail itself of any remedy for any subsequent breach thereof Section 11 ASSIGNMENT - SUBCONTRACTING. The Contractor shall not assign, sublet or subcontract this agreement, or any interest therein, without the written consent of the Railroad and any attempt to so assign, sublet or subcontract without the written consent of the Railroad shall be void If the Railroad gives the Contractor permission to subcontract all or any portion of the work herein described, the Contractor Is and shall remain responsible for all work of subcontractors and all work of subcontractors shall be governed by the terms of this agreement H \DATA\WPWIMI8 23ROE CONTRACTOR'S ROE 980204 Form Approved AVP-Law Folder No 1809 23 Exhibit A-1 UNION PACIFIC RAILROAD CONTRACT INSURANCE REQUIREMENTS Third Party Contractors Right Of Entry Agreement Contractor shall, at its sole cost and expense, procure and maintain during the life of this Agreement the following insurance coverage (a) Qeneral Liability insurance providing bodily injury including death, personal injury and property damage coverage with a combined single limit of at least $2,000,000 each occurrence or claim and an aggregate limit of at least $4,000,000 This insurance shall contain broad form contractual liability with a separate general aggregate for the project (ISO Form CG 25 03 or equivalent) Exclusions for explosion, collapse and underground hazard shall be removed Coverage purchased on a claims made f= shall provide for at least a two (2) year extended reporting or discovery period if (a) the coverage changes from a claims made form to an occurrence form, (b) there is a lapse/cancellation of coverage, or (c) the succeeding claims made policy retroactive date is different for the expiring policy (b) Automobile Liability insurance providing bodily injury and property damage coverage with a combined single limit of at least $2,000,000 each occurrence or claim This insurance shall cover all motor vehicles including hired and non -owned, and mobile equipment if excluded from coverage under the general public liability insurance (c) Workers' Compensation insurance covering Contractor's statutory liability under the workers' compensation laws of the state(s) affected by this Agreement, and Employers' Liability If such insurance will not cover the liability of Contractor in states that require participation in state workers' compensation fund, Contractor shall comply with the laws of such states If Contractor is self -insured, evidence of state approval must be provided (d) Railroad Protective Liability insurance naming the Railroad as the insured with a combined single Irmit of $2,000,000 per occurrence with a $6,000,000 aggregate The policy shall be broad form coverage for "Physical Damage to Property" (ISO Form CG 00 35 or equivalent) and include pollution arising out of fuels and lubricants brought to the job site (ISO Form CG 28 31 or equivalent) A binder of insurance for Railroad Protective Liability must be submitted to the Railroad and the original policy or acertified duplicate original poby must be forwarded to the Railroad when available. Contractor and its insurers shall endorse the required insurance policy(ies) to waive their right of subrogation against Railroad Contractor and its insurers also waive their naht osubrogation against Railroad for loss of its owned or leased property or property under its care, custody and control Contractor's insurance shall be primary with respect to any insurance carried by Railroad The policy(tes) required under (a) and (b) above shall provide severabdity of interests and shall name Railroad as an additional insured Prior to commencing the Work, Contractor shall furnish to Railroad certificate(s) of insurance evidencing the required coverage and endorsements and upon request, a certified duplicate original of any required policy The certificate(s) shall contain a provision that obligates the insurance company(les) issuing such pohcy(ies) to notify Railroad in writing of any material alteration including any change in the retroactive date in any "claims -made" policies or substantial reduction of aggregate limits, if such limits apply, or any cancellation at least thirty (30) days prior thereto The insurance pohcy(ies) shall be written by a reputable insurance company(ies) acceptable to Railroad or with a current Best's Insurance Guide Rating of B and Class VII or better, and authorized to do business in the state(s) in which the Job Site is located Contractor WARRANTS that this Agreement has been thoroughly reviewed by Contractor's insurance agent(s)/broker(s), who have been instructed by Contractor to procure the insurance coverage required by this Agreement If Contractor fails to procure and maintain insurance as required, Railroad may elect to do so at the cost of Contractor H iDATAMPWDRIM 23 R06 CONTRACTO&S ROE 980204 Form Approved AVP Law Folder No 1809 23 The fact that insurance 1s obtained by Contractor shall not be deemed to release or diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of this Agreement Damages recoverable by Railroad shall not be limited by the amount of the required insurance coverage H IDATAMPWIMIS 9 23 ROE DATE: 2000-01-25 ESTIMATE OF MATERIAL AND FORCE ACCOUNT WORK BY THE UNION PACIFIC RAILROAD DESCRIPTION OF WORK: - INSTALL GRADE CROSSING WARNING DEVICES WITH GATES AND FLASHING LIGHTS AT NOTTINGHAM ST IN DENTON TX. MP. 717.17 ON THE CHOCTAW SUB. SIGNAL PROJECT MANAGER:G.A.NELSON 8-252-6233 RAILROAD TO PERFORM ALL WORK / COST DISTRIBUTED AS FOLLOWS: SIGNAL - CITY OF DENTON - 100% PREPAY PID: 34549 SERVICE UNIT: 11 DESCRIPTION ENGINEERING WORK ENGINEERING LABOR ADDITIVE SIG-HWY XNG TOTAL ENGINEERING SIGNAL WORK MATL STORE EXPENSE SIGNAL BILL PREP CONTRACT EQUIPMENT RENTAL FOREIGN LINEiFREIGHT LABOR ADDITIVE PERSONAL EXPENSES SIG-HWY XNG TRANSPORTATION CHARGES USAGE EQUIPMENT WK ZONE TRAFFIC CONTROL TOTAL SIGNAL AWO: 34325 MP,SUBDIV: 717.17, CHOCTAW CITY: DENTON STATE: TX QTY UNIT LABOR MATERIAL RECOLL UPRR TOTAL --- ---- ------------- ------ ---- ----- LABOR/NATgRIAL EXPENSE RECOLLECTtBLE/UPRR EXPENSE ESTIMATED PROJECT COST EXISTING REUSEABLE MATERIAL SALVAGE NONUSEABLE MATERIAL RECOLLECTIBLE LESS CREDITS 4005 4005 4005 7731 7731 7731 1478 1478 ------- 1478 -------- ------- 13214 ------- ------- 13214 13214 1504 1504 1504 12538 12538 12538 900 900 900 1253 1253 1253 4500 4500 4500 250 250 250 23332 23332 23332 6615 6615 6615 16548 16548 16548 2150 2150 2150 3360 3360 3360 4725 4725 4725 ------- 40780 ------- 36895 ------- ------- 77675 -------- 77675 ------- 53994 ------- 36895 -------------- 90889 0-------- 90889 CREDIT 0 CREDIT 0 THE ABOVE FIGURES ARE ESTIMATES ONLY AND SUBJECT TO FLUCTUATION. IN THE EVENT OF AN INCREASE OR DECREASE IN THE COST OR QUANTITY OF MATERIAL OR LABOR REQUIRED, UPRR WILL BILL FOR ACTUAL CONSTRUCTION COSTS AT THE CURRENT EFFECTIVE RATE FORM 30-1 WORK ORDER AUTHORIZATION -DETAIL OF ESTIMATED EXPENDITURES EST START 01-01-00 ESl -OMP 12-31-00 RAILROAD UPRR CO LOCATION DENTON,TX NOTTINGNAN ST CHOCTAW SUB — DEPARTMENT: ENGINEERING SERVICES SERVICE UNIT 11 INSTALL GRADE CROSSING WARNING DEVICES WITH GATES AND FLASHING LIGHTS AT NOTTINGHAM ST IN DENTON TX MP 717 17 ON THE CHOCTAW SUB. SIGNAL PROJECT MANAGERsO A NELSON 6-252-6233 RAILROAD TO PERFORM ALL WORK / COST DISTRIBUTED AS FOLLOWS: SIGNAL — CITY OF DENTON - 100X PREPAY PAGE 01 MORE PROD NO 34549 A W 0 NOz 34325 W 0 NO B I NO: 99ENIC STATE TX VAL SEC 4166 FORM 30-1 PAGE 02 MORE WORK ORDER AUTHORIZATION -DETAIL OF ESTIMATED EXPENDITURES EST START 01-01-00 PROJ NO 34549 EST .OMP 12-31-00 A W O NO 34325 W 0 NO RAZLROADt UPRR CO B I NO 99EM10 LOCATION DENTON,TX NOTTINGHAM ST CHOCTAW SUB STATE TX DEPARTMENT ENGINEERING SERVICES VAL SEC 4166 ---------------------- SCOPE OF WORK -------------------------- PROJECT VAL M P M P JOINT NUMBER SEC STATE FROM TO SEGMENT FACILITY 34549 4166 TX 717 17 727 17 1840 f FORM 30-1 PAGE 03 MORE WORK ORDER AUTHORIZATION -DETAIL OF ESTIMATED EXPENDITURES EST START 01-01-00 PROJ NO 34S49 EST .OMP 12-31-00 A W 0 NO 3432E W 0 NO RA2LROAD UPRR CO B I NO 99ENIO LOCATION DENTON,TX NOTTINGHAM ST CHOCTAW SUB STATE TX DEPARTMENT ENGINEERING SERVICES VAL SEC 4166 ------------------------- LABOR PLAN ------------------------- GANG GANG TYPE GANG NUMBER WORK WORK CODE GANG DAYS DIRECT TYPE DESCRIPTION NOR IN GANG CODE DESCRIPTION ALLOWED LABOR 0 ---- ------------ --- ------- ---------------- ----------------- SIGOOS 5 PERSON FOR S 0 S $4004 SIC GENERAL 22 00 16S43 00 TOTAL 16,S40 00 FORM 30-1 PAGE 04 MORE WORK ORDER AUTHORIZATION -DETAIL OF ESTIMATED EXPENDITURES EST START 01-01-00 PRGJ NO 34649 EST COMP 12-31-00 A W 0 NO 34326 W 0 NO RAILROAD UPRR CO B 1 NO 99ENIO LOCATION DENTON,TX NOTTINGHAM ST CHOCTAW SUB STATE TX DEPARTMENT ENGINEERING SERVICES VAL SEC 4166 ------------------------------------------------------------------------------------------------ ------------------------- STOCK MATERIAL PLAN -------------------------- ITEM ITEM UNIT DIRECT NLRO)ER DESCRIPTION ---------- COST GTY ------ UM -- MATL 0 ------- -------- 07810000 -------------------------------- ASSEMBLY,JACK-4-WIRE SUTTLE 1 15 1 EA 1 07680400 WIRE, STATION 0 03 20 LF 1 09040700 HEAT SHRINKABLE TUBING, 75" DIA 1 03 8 EA 8 09041120 HEAT SHRINKABLE TUBING, 1.1" DIA 1 60 4 EA 6 09135650 2363 J,SLEEVE,4-6,REDUCING 0 85 6 EA 7 09136370 2367 J SLEEVE,SPLICING,4-4 0 84 8 EA 7 09401140 ADAPTER, 4 INCH CARLOW PLASTIC 2.26 2 EA 5 09409620 BUSHING, 4" PLASTIC,IHSULATA(G 0 75 2 EA 2 09424920 CONDUIT, 4", PVC, TYPE 40 1 07 80 LF 86 09467930 LOCKNUT, 4 INCH, GALVANIZED 4 09 2 EA 8 09844170 GROUND ROD, 5/8 INCH X 8 FEET 5 19 9 EA 47 098467SO ORNO ROD CONK 4WAY ONESHOT 4 99 9 EA 45 09908640 WIRE,86 AWG 1 COMB COPPER,SOLID 0 11 225 LF 25 09912120 WIRE,86 AWO 2 COND (SOO' ROLL) 0 78 SOO LF 390 09913120 WIRE,86 A" 5 COW (500• ROLL) 1 46 250 LF 365 09930SSO WIRE 410 AND I COMB COPPER, STRAW 0 14 SOO LF 70 09946050 HIRE 814 AWG 7 COMB CC,(500• ROLL 0 67 250 LF 168 17061400 PADLOCK,SIGMAL,VITMOUT KEY,AMERIC 12 00 5 EA 60 19009970 HOSE,1 1/2 IMCH,SIOHAL BOOTLEG 1 16 60 LF 93 3SO40010 PLASTER OF PARIS, DENTAL GRADE 0 62 25 LB 21 S2005690 BOND WIRE, 7 STRANDS 0 42 100 LF 42 52607040 WEB WELD BOND WIRE TK CIRC CONNEC 2 60 16 EA 42 52009780 BOOTLEG WIRE CLAMP, 5/6 INCH INSU 1 23 16 EA 20 52019530 EMCLOSUREySHUNT,POLE MOUNTED 202 245 02 2 EA 490 52019560 EQUALIZER, N D TAB BOB 9 22 2 EA IB 520215SO FOUNDATION,4•,STEEL,F0R FLSHR/GAT 204 Ol 2 EA 406 S2027660 INTERFACE�rDATA TRANSCEIVER RDTI-3 1246 02 1 EA 1248 52028420 LIGHTNING ARRESTOR,CLR-COMN TAB 3 7 02 4 EA 26 52042650 POST, MOUNTING, FOR SHUNT HOUSING 8 91 4 EA 36 52070010 TERMINAL,812-10 WIRE,RIHG TONGUE 0 06 150 EA 12 S2072280 TERMINAL BLOCK, SIGNAL 2 POST BAK 2 25 4 EA 9 52079550 WIRE TAG, PLASTIC - WHITE 0 06 100 EA 6 S2079560 HARKING PEN(FOR WHITE TAG) 1 94 1 EA 2 S2123700 FLASHING LIGHT UNIT, 12" LED COMP 370 00 12 EA 4440 S2136310 GUARD LINER PLATE, 84 INCH DIA 252 85 2 ST 506 S2139160 GUARD POST, W6 X 6 5 X 6 FEET 35 83 6 EA 287 52258980 NBS, TAB 640, 62775-8621 491 01 2 EA 982 S2263600 SURGE ARRESTOR,METER LOOP 23 90 1 EA 24 S2264SOO TRACK FILTER - TF 86 216 94 2 EA 434 S2276050 CROSSING ANALYZER, HCA-1 1703 30 1 EA 1703 S2276SSO CROSSING MODEM, EXH-1 366 30 1 EA 366 S3918230 BOND WIRE CLIP, SBA-248 1 42 16 EA 23 FORM 30-1 WORK ORDER AUTHORIZATION -DETAIL OF ESTIMATED EXPENDITURES EST START 01-01-00 EST WNP 12-31-00 RA3LROAD UPRR CO LOCATION DEMTON,TK NOTTINGHAM ST CHOCTAW SUB DEPARTMENT ENGINEERING SERVICES TOTAL 12,643 PAGE 05 MORE PROJ NO 34549 A W 0 NO 34325 W 0 NO B I NO 99ENIO STATE TX VAL SEC 4166 FORM 30-1 WORK ORDER AUTHORIZATION -DETAIL OF ESTIMATED EXPENDITURES EST START 01-01-00 EST -OMP 12-31-00 RAILROAD UPRR CO LOCATION DENTON,TX NOTTINGHAM ST CHOCTAW SUB _ DEPARTMENT ENGINEERING SERVICES JOB ACCT UNIT NO. NO DESCRIPTION ---------"'-----'"-"' QTY UM COST "- ---- ' --""- ■VAL SEC. 4166 ! -- ------ • •00 NON JOINT FACILITY r r r r ■ r r 00 NAIN LINE N0 ! ■ ■ r r • ■ ■ 7 ' 759 ' ENGINEERING SIG-HWY XNG W/C 34001' • ! • • LABOR ADDITIVE 1417 • • ! r r r r ! t r r r ! ' • JOB TOTAL 6 • 027 • SIGNAL • ' SIC-HWY XNG W/C 340041 105'MD! • • BILL PREP ' • 1 ' • WK ZONE TRAFFIC CONTROL• ! ! ! • EQUIPMENT RENTAL ! • • PERSONAL EXPENSES • ! • • FOREIGN LINE FREIGHT ' • • TRANSPORTATION CHARGES ' • • USAGE EQUIPMENT • ! • • • CONTRACT ' ' ' • • MATL STORE EXPENSE ! ' • ' • LABOR ADDITIVE 141 ! ' ' r ■ ■ r ! r r • r ■ • • JOB TOTAL r ■ ■ ■ r r r ! ■ ■ r ■ ■ r ! r r ! • ■ r r • ! ! r r ■ ■ ■ r • • r ■ r ■ r ! ■ r r ■ ■ ■ ■ ■ r r ■ r • r ■ ! r • r r r r r r r ■ ,____ ,------------------------ r------- r ■ ___ ' ____ 'PROJECT TOTALS 34549 ' ________________________ _______ • -- ' ------ PAGE 06 MORE PROJ NO 34549 A W 0 NO 34325 W 0 NO B 1 NO 99ENIO STATE TX VAL SEC 4166 TOTAL CHRGABLE TO LABOR MATERIAL P I 0 E OTHER _________ _________ ■ r _________ _________ r r _________ r r ■ r ■ • • r • r ■ r r r ' 4005! • 1478' ' ' • ' 7731' ' ' ! ' ' • • 9759-0040-00000 ' 232141 ' ' ' 13214 ' • 12538' ! 16548' ' • ' • 900' ' ' • r ■ 4725r ■ ■ • ' 4S00' • ' • • 6615• ' ' • ' 2501 • ' ' • 2150• ' • • • 33609 ' • • ! 1253' ' ! ' • 1SO49 • ' ' 23332• • • • r_________•_________r_________r_________■ --------- • ' ' ' '759-0040-00000 ! 40760' 36895' • ' 77675 r r r ■ ■ r r ! • r ! r ■ r r ■ r r r r • r r t r r • r r r r ■ t ■ • r ■ ■ r r ■ r r r r r r • r r r • r ■ r ' S3994' _________ 36895' _________ _________ ' _________ ' 90889 _________ FORM 30-1 PACE 07 MORE WORK ORDER AUTHORIZATION -DETAIL OF ESTIMATED EXPENDITURES EST START 01-02-00 PROJ NO 34549 EST C.MP: 12-31-00 A W 0 NO: 34326 W 0. NO RAILROAD UPRR CO _ B I HD% 99ENIO LOCATION DENTON,TX NOTTINGHAM ST CHOCTAM SUB _ STATE TX DEPARTMENT ENSINEERINB SERVICES VAL SEC 4166 JOB ACCT UNIT TOTAL CHROADLE TO NO NO DESCRIPTION OTY UM COST ------- -- ------ LABOR MATERIAL P I --------- ------------------ --------- 0 E --------- OTHER --- ---- r ------------------------ r r ! ! r r ! r r t s s s s t t • t ! t • s i s s s s ! r r t • s t s s : s • • s t i s s t s • s s s s s ' ' s s s s s • ' • • ! ' ' ' r ACCT 7S9 SUBTOTAL • • ! r ! • ' • 90889 r ■ � r • r r r r r ■ ■ r ■ ! t r r r ■ aaa aaa ......aaatnns.=......... .=sass= .a sass== .=sass... ===saws= ......... ......... ..... aa: • 'ESTIMATE TOTALS ! • • r 53994' 36895' • • 90889 aas ass asaaanssaaacac.nmevaaaa. seas=== as avaaaa aaeassava aacaaas.. sasmaaava aacasaasa aaaaavvaa ESTIMATED BY ESRV312 CID# 84940 00 TOTAL ESTIMATED EXPENITURES: $90,889 a........ navaa DATE 01-25-2000 APPROVED BY: APPROVED BY rA� vo L"i Yuen au -a WORK ORDER AUTHORIZATION -DETAIL OF ESTIMATED EXPENDITURES EST STARTS 01-01-00 EST COMP 12-31-00 RAILROAD UPRR CO LOCATION DENTON�TX NOTTINGHAM ST CMOCTAW SUB DEPARTMENT ENGINEERING SERVICES PROJ NO 34549 A N 0 NO 34325 N 0 NO B I NO 99ENIO STATE TX VAL SECS 4166 seaaR.ans.anSans...peaepaseaata aaasaaaasaasaaaaeaaa ae.mamma a saa man.=aaa aasaasaisaa..== aasa sasaa apaaaasaaaaasa ESTIMATED CREDIT TO 'RESERVE FOR ROAD PROPERTY TO BE RETIRED AND REPLACED' i ESTIMATED CREDIT TO 'RESERVE PROPERTY RETIRED AND HOT TO BE REPLACED' i ESTIMATED CREDIT TO 'EQUIPMENT RETIRED' i ESTIMATED CREDIT TO . i .a.asasnemmammaaaappeaaaaapeaeaaaasaaaesaa saesasaaseasaasaas=paaaneaamaaaasanpennaaapaaanaasaneaaaesassaaassa ESTIMATED BY ESRV3A2 DATE 01-25-2000 CID*: 84940 000 APPROVED BY APPROVED BY ■ ° � )G � � � ■|!� � ------------------------------------------------------------------ • | � 1 , ||K w\ ; | |�, wod , . ]e�, /�� aba rj ��■§! | � ■ .� . ', ' . �------= ■ � � �-� ■ -� §|| ' � §■ i ,| �|) ]|�§ �&■� ||•|] ■� ' •2114 M | 4|�9 § Q § | | � ■ , 0 0 � -----------------------------: DATE 2000-02-07 ESTIMATE OF MATERIAL AND FORCE ACCOUNT WORK BY THE UNION PACIFIC RAILROAD DESCRIPTION OF WORK CHOCTAW SUB / MP 717 17 / DENTON, TX / NOTTINGHAM ST DOT# 748454T PROPOSED INSTALLATION OF 1 EACH 50 TRACK FOOT CONCRETE ROAD CROSSING, WITH TIES AND OTM, NO NEW RAIL UNLOAD�1 CAR LOAD OF CLASS 1 BALLAST AND SURFACE AND LINE ROAD CROSSING RAILROAD TO PERFORM ALL WORK PROJECT IS 100% PREPAY FROM CITY OF DENTON, TX PID 35855 AWO MP,SUBDIV 717 17, CHOCTAW SERVICE UNIT 11 CITY DENTON STATE TX DESCRIPTION QTY UNIT LABOR MATERIAL RECOLL UPRR TOTAL ----------- --- ---- ------------- ------ ---- ----- ENGINEERING WORK ENGINEERING TOTAL ENGINEERING TRACK & SURFACE WORK BALAST CONTRACT LABOR ADDITIVE MATL STORE EXPENSE OTM RDXING SALES TAX TRK-SURF,LIN XTIE TOTAL TRACK & SURFACE 1057 1057 1057 -------- ------- 1057 -------------- ------- 1057 1057 1 00 CL 126 608 734 734 1500 1500 1500 9567 9567 9567 996 996 996 609 223 832 832 50 00 TF 3607 7932 11539 11539 425 425 425 617 617 617 42 00 EA 5186 1911 7097 ------- 7097 -------- ------- 19712 ------- 13595 ------- 33307 33307 -------------- LABOR/MATERIAL EXPENSE 20769 13595-------------- RECOLLECTIBLE/UPRR EXPENSE 34364 0-------- ESTIMATED PROJECT COST 34364 EXISTING REUSEABLE MATERIAL CREDIT 0 SALVAGE NONUSEABLE MATERIAL CREDIT 0 RECOLLECTIBLE LESS CREDITS THE ABOVE FIGURES ARE ESTIMATES ONLY AND SUBJECT TO FLUCTUATION IN THE EVENT OF AN INCREASE OR DECREASE IN THE COST OR QUANTITY OF MATERIAL OR LABOR REQUIRED, UPRR WILL BILL FOR ACTUAL CONSTRUCTION COSTS AT THE CURRENT EFFECTIVE RATE Page 1 Document Name untitled EP�4239 FORM 30-1 PAGE 01 MO WORK ORDER AUTHORIZATION -DETAIL OF ESTIMATED EXPENDITURES EST START 01-01-00 PROJ NO 35855 EST COMP 12-31-00 A W O NO W O NO RAILROAD UPRR CO B I NO OOEN10 LOCATION CHOCTAW SUB/DENTON TX NOTTINGHAM ST STATE TX DEPARTMENT ENGINEERING SERVICES SERVICE UNIT 11 VAL SEC 4166 CHOCTAW SUB / MP 717 17 / DENTON TX / NOTTINGHAM ST DOT# 748454T PROPOSED INSTALLATION OF 1 EACH 50 TRACK FOOT CONCRETE ROAD CROSSING WITH TIES AND OTM NO NEW RAIL UNLOAD 1 CAR LOAD OF CLASS 1 BALLAST AND SURFACE AND LINE ROAD CROSSING RAILROAD TO PERFORM ALL WORK 100% PREPAY FROM CITY OF DENTON, TX IN THE AMOUNT OF $34 364 SPECIAL PF KEYS 10/22=LEFT 11/23=RIGHT 12/24=LAST PAGE NEXT REQUEST CODE ACTION Date 2/7/00 Time 04 25 08 PM age 1 Document Name untitled ErM239 FORM 30-1 PAGE 02 WORK ORDER AUTHORIZATION -DETAIL OF ESTIMATED EXPENDITURES EST START 01-01-00 PROJ NO 358 EST COMP 12-31-00 A W 0 NO W O NO RAILROAD UPRR CO B I NO OOEN1 LOCATION CHOCTAW SUB/DENTON TX NOTTINGHAM ST STATE TX DEPARTMENT ENGINEERING SERVICES VAL SEC 4166 SCOPE OF WORK PROJECT VAL M P M P JOINT NUMBER SEC STATE FROM TO SEGMENT FACILITY 35855 4166 TX 717 17 717 17 1840 SPECIAL PF KEYS 10/22=LEFT 11/23=RIGHT 12/24=LAST PAGE NEXT REQUEST CODE ACTION Date 2/7/00 Time 04 26 01 PM Paae 1 Document Name untitled ErM239 FORM 30-1 PAGE 03 WORK ORDER AUTHORIZATION -DETAIL OF ESTIMATED EXPENDITURES EST START 01-01-00 PROJ NO 358 EST COMP 12-31-00 A W O NO W 0 NO RAILROAD UPRR CO B I NO OOEN1 LOCATION CHOCTAW SUB/DENTON,TX NOTTINGHAM ST STATE TX DEPARTMENT ENGINEERING SERVICES VAL SEC 4166 PROJECT NUMBER 35855 M P M P TRACK SEGMENT NUMBER NUMBER OF TNS OF TRACK FROM TO TYPE NUMBER OF XTIES SWTIES BALAST FEET LINE ------- ------- ----------------------------- ------ ----- ---- 717 17 717 17 SIMN 1840 0 0 95 0 0 SPECIAL PF KEYS 10/22=LEFT 11/23=RIGHT 12/24=LAST PAGE NEXT REQUEST CODE ACTION Date 2/7/00 Time 04 26 27 PM I Document Name untitled E M239 FORM 30-1 WORK ORDER AUTHORIZATION -DETAIL OF EST START 01-01-00 EST COMP 12-31-00 RAILROAD UPRR CO LOCATION CHOCTAW SUB/DENTON TX NOTTINGHAM S DEPARTMENT ENGINEERING SERVICES SPECIAL PF KEYS 10/22=LEFT 11/23=RIGHT NEXT REQUEST CODE Date 2/7/00 Time 04 26 40 PM PAGE 04 ESTIMATED EXPENDITURES PROJ NO 358 A W O NO W O NO B I NO OOEN1 T STATE TX VAL SEC 4166 12/24=LAST PAGE ACTION Paae 1 Document Name untitled b2M239 FORM 30-1 PAGE 05 WORK ORDER AUTHORIZATION -DETAIL OF ESTIMATED EXPENDITURES EST START 01-01-00 PROJ NO 358 EST COMP 12-31-00 A W 0 NO W O NO RAILROAD UPRR CO B I NO OOEN1 LOCATION CHOCTAW SUB/DENTON TX NOTTINGHAM ST STATE TX DEPARTMENT ENGINEERING SERVICES VAL SEC 4166 LABOR PLAN GANG GANG TYPE GANG NUMBER WORK WORK CODE GANG DAYS DIRECT TYPE ---- DESCRIPTION ------------ NBR IN ---------- GANG CODE ---- DESCRIPTION ------------ ALLOWED --------- LABOR -------- $ RDX008 8 PERSON ROAD 0 8 10003 XTIES -UNLD 0 07 154 86 RDX008 8 PERSON ROAD 0 8 10005 XTIES-RENEW 2 34 4859 84 RDX008 8 PERSON ROAD 0 8 10006 XTIES-LOAD/ 0 08 173 41 RDX008 8 PERSON ROAD 0 8 14003 OTM UNLD/DI 0 01 25 80 RDX008 8 PERSON ROAD 0 8 14005 OTM REPLACE 0 27 561 60 RDX008 8 PERSON ROAD 0 8 14006 OTM LOAD/PI 0 01 24 79 SPECIAL PF KEYS 10/22=LEFT 11/23=RIGHT 12/24=LAST PAGE NEXT REQUEST CODE ACTION Date 2/7/00 Time 04 26 57 PM Page 1 Document Name untitled EiM239 FORM 30-1 PAGE 06 WORK ORDER AUTHORIZATION -DETAIL OF ESTIMATED EXPENDITURES EST START 01-01-00 PROJ NO 358 EST COMP 12-31-00 A W O NO W O NO RAILROAD UPRR CC B I NO OOEN1 LOCATION CHOCTAW SUB/DENTON TX NOTTINGHAM ST STATE TX DEPARTMENT ENGINEERING SERVICES VAL SEC 4166 RDX008 8 PERSON ROAD 0 8 20003 RDXING PUB 0 05 116 12 RDX008 8 PERSON ROAD 0 8 20005 RDXING,PUB- 1 61 3356 71 RDX008 8 PERSON ROAD 0 8 20006 RDXING PUB 0 06 136 27 ---------- SUB-TOTAL 4 ----------- 54 9409 40 SRF003 3 MAN DIVISION 0 3 17009 TRK-SURF LI 0 83 617 31 SRF003 3 MAN DIVISION 0 3 19003 BALLAST UNL 0 ---------- 16 ----------- 126 21 SUB-TOTAL 1 00 743 52 TOTAL 10 152 92 SPECIAL PF KEYS 10/22=LEFT 11/23=RIGHT 12/24=LAST PAGE NEXT REQUEST CODE ACTION Date 2/7/00 Time 04 27 12 PM Paqe 1 Document Name untitled ELM239 FORM 30-1 PAGE 07 WORK ORDER AUTHORIZATION -DETAIL OF ESTIMATED EXPENDITURES EST START 01-01-00 PROJ NO 358 EST COMP 12-31-00 A W 0 NO W O NO RAILROAD UPRR CO B I NO OOEN1 LOCATION CHOCTAW SUB/DENTON TX NOTTINGHAM ST STATE TX DEPARTMENT ENGINEERING SERVICES VAL SEC 4166 ------------------------- STOCK MATERIAL PLAN ITEM ITEM UNIT DIRECT NUMBER DESCRIPTION COST ------ QTY UM -- MATL $ ------- -------- 50210000 -------------------------------- SWITCH TIE 7" X 9" X 10' ---------- 48 84 32 EA 1563 50279910 CROSS TIE NO DRILL 7" X 9" X 9' H 34 85 10 EA 349 54002000 ASPHALT, CROSSING FILL 30 00 38 TN 1140 54004000 131-136# CONCRETE XING 10'LONG-10 994 06 5 ST 4970 54019000 CONC XING END PLATE FOR WOOD TIES 80 00 1 ST 80 54019500 FLANGE FILLER 112-140# W/STD FLA 295 99 5 ST 1480 SPECIAL PF KEYS 10/22=LEFT 11/23=RIGHT 12/24=LAST PAGE NEXT REQUEST CODE ACTION Date 2/7/00 Time 04 27 29 PM Paqe 1 Document Name untitled Ei'M239 FORM 30-1 PAGE 08 WORK ORDER AUTHORIZATION -DETAIL OF ESTIMATED EXPENDITURES EST START 01-01-00 PRO7 NO 358 EST COMP 12-31-00 A W O NO W O NO RAILROAD UPRR CO B I NO OOEN1 LOCATION COOCTAW SUB/DENTON,TX NOTTINGHAM ST STATE TX DEPARTMENT iENGINEERING SERVICES VAL SEC 4166 54066500 CONCRETE XING DEFLECTOR PLATE 262 50 1 ST 263 55016480 RAIL ANCHOR 6" BASE HD CHANNELOC 0 89 169 EA 150 55067070 TRK SPIKE 5/8 X 6 1/4 IN 200# KEG 48 39 1 KE 74 56207660 BALLAST CLASS 1 "D" 6 41 95 TN 609 SPECIAL PF KEYS 10/22=LEFT NEXT REQUEST CODE Date 2/7/00 Time 04 28 34 PM TOTAL 11/23=RIGHT 12/24=LAST PAGE ACTION 10 678 Paae 1 Document Name untitled El:M239 FORM 30-1 PAGE 09 WORK ORDER AUTHORIZATION -DETAIL OF ESTIMATED EXPENDITURES EST START 01-01-00 PROJ NO 358 EST COMP 12-31-00 A W O NO W O NO RAILROAD UPRR CO B I NO OOEN1 LOCATION CHOCTAW SUB/DENTON,TX NOTTINGHAM ST STATE TX DEPARTMENT ENGINEERING SERVICES VAL SEC 4166 JOB ACCT UNIT NO NO DESCRIPTION QTY UM COST LABOR MATERIAL VAL SEC 4166 WWW NON JOINT FACILITY WWW WW MAIN LINE WW 1 759 ENGINEERING 1057 TRACK W/C 17001 LABOR ADDITIVE 141% 1491 JOB TOTAL 2548 2 008 XTIE 42 EA 1911 SPECIAL PF KEYS 10/22=LEFT 11/23=RIGHT 12/24=LAST PAGE NEXT REQUEST CODE ACTION Date 2/7/00 Time 04 28 44 PM Page 1 Document Name untitled El-:4239 FORM 30-1 PAGE 10 WORK ORDER AUTHORIZATION -DETAIL OF ESTIMATED EXPENDITURES EST START 01-01-00 PROJ NO 358 EST COMP 12-31-00 A W 0 NO W 0 NO RAILROAD UPRR CO B I NO OOEN1 LOCATION CHOCTAW SUB/DENTON TX NOTTINGHAM ST STATE TX DEPARTMENT ENGINEERING SERVICES VAL SEC 4166 JOB ACCT UNIT NO NO DESCRIPTION QTY UM COST LABOR MATERIAL 2 008 XTIES -UNLD W/C 10003 MD 154 XTIES-RENEW/ W/C 10005 13 MD 3497 MATL STORE EXPENSE 19 SALES TAX 76 LABOR ADDITIVE 141% 2903 JOB TOTAL 6554 2006 4 010 OTM 223 OTM UNLD/DIS W/C 14003 MD 25 SPECIAL PF KEYS 10/22=LEFT 11/23=RIGHT 12/24=LAST PAGE NEXT REQUEST CODE ACTION Date 2/7/00 Time 04 29 05 PM Page 1 Document Name untitled EP,4239 FORM 30-1 PAGE 11 WORK ORDER AUTHORIZATION -DETAIL OF ESTIMATED EXPENDITURES EST START 01-01-00 PROJ NO 358 EST COMP 12-31-00 A W D NO W O NO RAILROAD UPRR CO B I NO OOEN1 LOCATION CHOCTAW SUB/DENTON,TX NOTTINGHAM ST STATE TX DEPARTMENT ENGINEERING SERVICES VAL SEC 4166 JOB ACCT UNIT NO NO DESCRIPTION QTY UM COST LABOR MATERIAL 4 010 OTM REPLACE/ W/C 14005 1 MD 412 MATL STORE EXPENSE 26 SALES TAX 8 LABOR ADDITIVE 141% 348 JOB TOTAL 785 257 5 011 BALAST 1 CL 608 TRK-SURF,LIN W/C 17009 2 MD 617 BALLAST UNLD W/C 19003 MD 126 SPECIAL PF KEYS 10/22=LEFT 11/23=RIGHT 12/24=LAST PAGE NEXT REQUEST CODE ACTION Date 2/7/00 Time 04 29 16 PM Page 1 Document Name untitled E2M239 FORM 30-1 PAGE 12 WORK ORDER AUTHORIZATION -DETAIL OF ESTIMATED EXPENDITURES EST START 01-01-00 PROJ NO 358 EST COMP 12-31-00 A W O NO W 0 NO RAILROAD UPRR CO B I NO OOEN1 LOCATION C}HOCTAW SUB/DENTON TX NOTTINGHAM ST STATE TX DEPARTMENT ENGINEERING SERVICES VAL SEC 4166 JOB ACCT UNIT NO NO DESCRIPTION QTY UM COST LABOR MATERIAL 5 011 SALES TAX 24 LABOR ADDITIVE 141% 599 JOB TOTAL 1342 632 6 039 RDXING 50 TF 7932 RDXING,PUB - W/C 20003 MD 116 RDXING PUB-R W/C 20005 9 MD 2464 CONTRACT' 1500 MATL STORE EXPENSE 951 SPECIAL PF KEYS 10/22=LEFT 11/23=RIGHT 12/24=LAST PAGE NEXT REQUEST CODE ACTION Date 2/7/00 Time 04 30 07 PM Page 1 Document Name untitled EiM239 FORM 30-1 PAGE 13 WORK ORDER AUTHORIZATION -DETAIL OF ESTIMATED EXPENDITURES EST START 01-01-00 PROJ NO 358 EST COMP 12-31-00 A W O NO W O NO RAILROAD UPRR CO B I NO OOEN1 LOCATION CHOCTAW SUB/DENTON,TX NOTTINGHAM ST STATE TX DEPARTMENT ENGINEERING SERVICES VAL SEC 4166 JOB ACCT UNIT NO NO DESCRIPTION QTY UM COST LABOR MATERIAL 6 039 SALES TAX 317 LABOR ADDITIVE 141% 2051 JOB TOTAL 4631 10700 8 759 CITY OF DENTON TX XTIE 30 EA XTIES-RENEW/ W/C 10005 5 MD 1362 XTIES-LOAD/P W/C 10006 MD 173 LABOR ADDITIVE 141% 1221 SPECIAL PF KEYS 10/22=LEFT 11/23=RIGHT 12/24=LAST PAGE NEXT REQUEST CODE ACTION Date 2/7/00 Time 04 30 19 PM age 1 Document Name untitled EtM239 FORM 30-1 PAGE 14 WORK ORDER AUTHORIZATION -DETAIL OF ESTIMATED EXPENDITURES EST START 01-01-00 PROJ NO 358 EST COMP 12-31-00 A W 0 NO W 0 NO RAILROAD UPRR CO B I NO OOEN1 LOCATION CHOCTAW SUB/DENTON,TX NOTTINGHAM ST STATE TX ➢EPARTMENT ENGINEERING SERVICES VAL SEC 4166 JOB ACCT UNIT NO NO DESCRIPTION QTY UM COST LABOR MATERIAL JOB TOTAL 2756 10 759 CITY OF DENTON TX OTM OTM REPLACE/ W/C 14005 MD 148 OTM LOAD/PIC W/C 14006 MD 24 LABOR ADDITIVE 141% 137 JOB TOTAL 309 SPECIAL PF KEYS 10/22=LEFT 11/23=RIGHT 12/24=LAST PAGE NEXT REQUEST CODE ACTION Date 2/7/00 Time 04 30 37 PM Page 1 Document Name untitled E1M239 FORM 30-1 PAGE 15 WORK ORDER AUTHORIZATION -DETAIL OF ESTIMATED EXPENDITURES EST START 01-01-00 PROJ NO 358 EST COMP 12-31-00 A W 0 NO W 0 NO RAILROAD UPRR CO B I NO OOEN1 LOCATION CHOCTAW SUB/DENTON TX NOTTINGHAM ST STATE TX DEPARTMENT ENGINEERING SERVICES VAL SEC 4166 JOB A= UNIT NO NO DESCRIPTION QTY UM COST LABOR MATERIAL 12 759 CITY OF DENTON TX RDXING RDXING,PUB-R W/C 20005 3 MD 891 RDXING,PUB - W/C 20006 MD 136 LABOR ADDITIVE 141% 817 JOB TOTAL 1844 PROJECT TOTALS 35855 20769 13595 SPECIAL PF KEYS 10/22=LEFT 11/23=RIGHT 12/24=LAST PAGE NEXT REQUEST CODE ACTION Date 2/7/00 Time 04 31 03 PM 1 Document Name untitled El-A239 FORM 30-1 PAGE 16 WORK ORDER AUTHORIZATION -DETAIL OF ESTIMATED EXPENDITURES EST START 01-01-00 PROJ NO 358 EST COMP 12-31-00 A W O NO W O NO RAILROAD UPRR CO B I NO OOEN1 LOCATION CHOCTAW SUB/DENTON,TX NOTTINGHAM ST STATE TX DEPARTMENT ENGINEERING SERVICES VAL SEC 4166 JOB ACCT UNIT NO NO DESCRIPTION QTY UM COST LABOR MATERIAL ESTIMATE TOTALS 20769 13595 ESTIMATED BY EENG682 TOTAL ESTIMATED EXPENDITURES $34 36 DATE 02-07-2000 APPROVED BY APPROVED BY SPECIAL PF KEYS 10/22=LEFT 11/23=RIGHT 12/24=LAST PAGE NEXT REQUEST CODE ACTION Date 2/7/00 Time 04 31 21 PM Page 1 Document Name untitled ErM239 FORM 30-2 PAGE 17 WORK ORDER AUTHORITY -DETAIL OF ESTIMATED CREDITS EST START 01-01-00 PROJ NO 358 EST COMP 12-31-00 A W O NO W O NO RAILROAD UPRR CO B I NO OOEN1 LOCATION CHOCTAW SUB/DENTON TX NOTTINGHAM ST STATE TX DEPARTMENT ENGINEERING SERVICES VAL SEC 4166 JOB ACCT NO NO --- ---- DESCRIPTION ------------------------------- -- ------ --------- SALVAGE --------- VAL SEC 4166 ** MAIN LINE *" 900 RET BALAST 901 RET XTIE 30 EA SPECIAL PF KEYS 10/22=LEFT 11/23=RIGHT 12/24=LAST PAGE NEXT REQUEST CODE ACTION Date 2/7/00 Time 04 31 53 PM 1 Document Name untitled E1.4239 FORM 30-2 PAGE 18 WORK ORDER AUTHORITY -DETAIL OF ESTIMATED CREDITS EST START 01-01-00 PROJ NO 358 EST COMP 12-31-00 A W O NO W O NO RAILROAD UPRR CO B I NO OOEN1 LOCATION CHOCTAW SUB/DENTON TX NOTTINGHAM ST STATE TX DEPARTMENT ENGINEERING SERVICES VAL SEC 4166 JOB ACCT NO NO --- ---- DESCRIPTION ------------------------------- -- ------ --------- SALVAGE --------- 902 RET OTM 903 RET RDXING --------------------------------------- ESTIMATED BY EENG682 DATE 02-07-2000 APPROVED BY APPROVED BY SPECIAL PF KEYS 10/22=LEFT 11/23=RIGHT 12/24=LAST PAGE NEXT REQUEST CODE ACTION Date 2/7/00 Time 04 32 17 PM