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2000-027 ORDINANCE NO 0t25-62 7 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 717 17 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 SubdwIs~on for the proposed new Nottingham crossing, and WHEREAS, LIP has agreed to grant such easement tf 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 Subthws~on, pay the cost for constmcUng the needed ~mprovements and execute a new pubhc street crossing agreement, and WHEREAS, the C~ty finds that the public's health, safety and welfare would be improved by closing the aforementioned streets and opemng the Nottingham Road crossing, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the C~ty Manager ~s hereby authorized to act on the City's behalf m executing a New Pubhc H~ghway Crossing Agreement, which is attached hereto and made a part hereof for all purposes, with Umon Pamfic Railroad Company relatmg to the construction of the Nottingham Road Railroad Crossmg at Mile Post 717 17 ~n the Choctaw Subdavts~on SECTION 2 That the expen&ture of funds as provtded tn such agreement for the processing of same is hereby authorized ~ That thts ordinance shall become effectwe ~mme&ately upon its passage and approval PASSED AND APPROVED th~s the /~ dayof ('~~ ,2000 JA~ ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 2 of 2 UNION PACIFIC RAILROAD COMPANY Real Estate Department R D Uhrmh J L Hawkins Assistant V~ce President ~ Director Operations Support J A Anthony ~ M E Heenan Director Contracts D~rector Admlntstraflon & Budgets D D Brown D H L~ghtwlne Director Real Estate Director Real Estate T K Love M W Casey 1800 Farnam Street Dtrector Real Estate General Director Special Properties Omaha Nebraska 68102 J P Gade Fax (402) 997 3601 Director Facility Management May 4, 2000 Folder No 1809-23 Chrystopher Owens City of Denton Ctty Hall West 221 N Elm Denton TX 76201 Dear Mr Owens Attached, please find your ongtnal counterpart of Agreement fully executed on behalf of the Ratlroad Company The Railroad Company has authortzed the mstallatton of fiber opttc cable factht~es °n Its pr°perry m certain areas Prior to using the Ratlroad Company's property covered herein, you should thoroughly rewew the terms and conditions of the documents and contact the Ratlroad Company at 1-800-336-9193 to determine tfa fiber optic cable ts buried on the subject property When you or your representative enter the Ratlroad Company's property, a copy of this fully executed document must be available at the s~te to be shown on request to any Railroad employee or official All Insurance Certificates, if requtred by the Agreement and not already done so, should be forwarded to Roland Wed~ge Folder No 1809-23 Union Pacific Rmlroad Company 1800 P arnam Street Omaha, Nebraska 68102 In accordance with the terms of the agreements, 48 hours m advance of entenng the right of way you should arrange to notdy our Manager of Track Maintenance Office Richard Maxwell Manager Track Matntenance Fiber Optics Hot Line Unton Pactfic Rmlroad 1-800 336 9193 606A Bell Place Denton, TX 76201 (817)387-6213 d~stltr Itt In comphance with the lntemal Revenue Services' new pohcy regarding their Form 1099, I certify that 94-6001323 Is the Railroad Company's correct Federal Taxpayer Identfficat~on Number and that Union Pacffic Railroad Company ~s doing business as a corporatmn Sincerely yours, ROLAND E WEDIGE CONTRACT REPRESENTATIVE (402) 997-3620 CC Steve Martchenke - MIPP - Denver d~stltrltr PHC 880706 Folder No 1809 23 Form Approved AVP Law Agreement Number C~/~ ~ ~-~ ~ NEW PUBLIC HIGHWAY CROSSING AGREEMENT Nottingham Road Mile Post 717 17 - Choctaw Sub Denton, Denton County, Texas THIS AGREEMENT, made and antered mto as of the /0t:7~--~ dayof ~'~/b/~'~,~ ,~,V~,by and between UNION PACI~IC RAILROAD COMPANY, a Utah corpuratton to be addressed at 1800 Farnam Street, Omaha, Nebraska 68102 (beremafter the "Railroad") and the CITY OF DENTON, a mu.mclpal corporation or political subdivision of the State of Texas to be addressed at City Hall West 221 N Elm St Demon, TX 76201 (hereinafter the "Polmcal Body"), WITNESSETH RECITALS The Polmcal 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 portxon of the right-of-way of the Railroad at Mile Post 717 17 on the Choctaw Sub (beremafter the "Crossing Area") shown on the attached print dated September 1, 1999, marked Exhibit A AGREEMENT NOW, THEREFORE, it ts mutually agreed by and between the parties hereto as follows ARTICLE 1 - RAILROAD GRANTS RIGHT For and in consideration of the Pohtacal Body's agreemem to perform and abide by the terms of this Agreement, mchidmg Extuints A, B, B-1 and C, attached hereto and hereby made a part hereof, the Radroad hereby grants to the Poht~cal Body, the right to estabhsh, construct, maintain, repair, renew, and use a pubhc 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 s~de of the Crossing Area, weeds and vegetation which may obstruct the vIew of motorists, approaching the Crossing Area, to any trams that may also be approaching the Crossing Area ARTICLE 2 - ~ In constderatlon of the rights granted hereto, 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 m connection w~th processing thts Agreement ARTICLE 3 - C~RTIFICATE OF INSURANCE A Before any work on the lh'enuses begins, the Pohncal Body (as definod m Section 8(a) of Eahtbit B to th~s Agreement) wall provtde the Railroad wIth a Certtficate issued by its insurance career prowdmg the insurance coverage reqmrod pursuant to Exhibtt B-1 of th~s Agreement m a policy containing the following endorsement 1809 23 phc Page 1 December 23 1999 PHC 880706 Folder No 180923 Form Approved AVP Law "Umon Pactfie Rmlroad Company is named as addmonal 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 Poht~cal Body WARRANTS that this agreement has been thoroughly reviewed by its insurance agant(s)/broker(s) and that said agant(s)goroker(s) has been instructed to procure insurance coverage and an endorsement as reqmred herein C All insurance eorrespondanee 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 0f any) shall obtain and provide evtdenee of insurance coverage pursuant to Exhibit B-1 of this agreement ARTICLE 4 - IF WORK IS TO BE PERFORMED BY CONTRACTOR If a ¢ontrac~r is to perform any of the work on the Project (mcludmg initial construction and subsequent relocation or substantial maintenance and repair work), then the Pohtleal Body shall reqmre its contractor to execute the Railroad's Paght 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 reform its contractor of the need to execute the Agreement Under no ctrcumstances will Polmcal 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 m whole or m part from fimds 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 m effect at the time of the executtun of each supplement hereto, are incorporated by reference rote tlus Agreement ARTICLE 6 - WORK TO BE PERFORMED BY THE RAILROAD A The Railroad may make any and all changes, alterations or reloeanons, whether temporary or permanent, and may provide flagging and other protective services and devices, which in the Railroad's judgment may be or become neCassary or expethant within the Railroad's rtght-of-way because of the Prnject Such work shall include, without hrmtataon, the installation of 1 each 50 track foot concrete road crnssmg and grade crossing warning devices with gates and flashing hghts B Tho R~ulroad 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 flmds that may become available for the maintenance of smd devlcas, 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-parUes shall be berne 100% by the Political Body C The Political Body agrees to pay the Rmlroad 100 % of the actual cost of the Railroad's work performed and materials supplied as beremabove set forth, wbach is esntunted to be $125,253 00 Actual costs to the Rmlroad include customary adthtlves to materials and services provided by the Railroad as shown on Exhibit C, attached hereto and hereby ma~te a part hereof 1809 23 phc Page 2 December 23 1999 PHC 880706 Folder No 1809 23 Form Approved AVP Law ARTICLE 7 - E]h"FECTIVE DATE. TERM Tbas Agreement shall become effective as of the date first hereto written, or the date work commences on the Project, whIchever is earher, and shall continue m full force and effect untd terminated as hereto provided IN WITNESS WHEREOF, the parUes have caused flus Agreement to be executed m DUPLICATE as of the date first hereto written UNION PACIFIC RAILROAD COMPANY Asst Vice President Real Estate Pursuant toResolutton/Order dated (Sea) __, 19 hereto attached 1809-23 phc Page 3 December 23 1999 5o ~~~--~- ~o~U~__~ (l)v Ral~siAt .~ant s E~smo) Location PlanEXHIBIT "A' (~o s~) ~ ~~PA~C ~ ~BLtc~ F~ PHC 880301 Standard Form Approved AVP Law EXHIBIT B Public Fhghway Crossing SECTION 1 - QONDITIONS AND COVENANTS a) The Rcnlroad 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 m ti'us Agreement Without limiting the foregoing the Pohtical Body shall not use or perrmt use of the Crossing Area for rcnlroad 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 communfcations incidental to the Political Body's use of the property for highway purposes shall be constructed m accordance with specifications and reqzurements of the Roilroad, and m such manner as not adversely to affect commumcation or signal hnes of the Raflroad or its hcensees now or hereafter located upon smd property No nonparty shall be admitted by the ?ohhcal Body to use or occupy any part of the Rcnlroad's property w~thout the Rcnlroad's written consent Nottung herein shall obhgate the Rc~lroad to give such consent b) The Rcnlroad reserves the right to cross the Crossing Area with such r~lroad tracks as may be required for its convemence or purposes m such manner as nat unreaecnably to interfere w~th its use as a pubhc highway In the event the Rcnlroad shall place tracks upon the Crossing Area, the Political Body shall, at its sole cost and expense, modify the Imghway to conform with the rcul hne c) The right hereby granted is subject to any existing encumbrances and rights (whether pubhc or private) recorded or not and also to any renewals thereof The Political Body shall not damage, destroy or interfere wtth the property or rights of nonpcn'hes in upon or relating to the rcnlrcad property, unfess the Political Body at ~ts own expense settles w~th and obtcnns releases from such nonpartles d) Th~ Rcn~r~ad res~rves th~ righi t~ u~e and t~ grcmt t~ ~thers th~ nght t~ use the ~r~ssmg Area for any purp~s~ n~t mc~nsmtent with the right hereby granted, including, but not by way of hrmtatlon the right to construct, reconstruct mcuntcun operate repcnr alter renew and repktce tracks, facdlhes and clppur~encmces on the property, also the right to cross tho Crossing Area with all kinds of eqcupment The Roflroc~d further reserves the nghi to attach signal commumcation or power hnes to any h~ghway facilities located upon tho property, provided that such attachments shall comply v, uth Pohhcal Body's spocfficahons and wdl not interfere with the use of tho Crossing Area e) So far as It lawfully may do so, the Political Body ~ assume, hear and pay all taxes crud assessments of whatsoever nature or kind (whether general, local or special) levied or assessed upon or agcnnst the Crossing Area excepting taxes lewed upon and agc~nst the property as a component part of the Ratlroad's operating property f) If any property' or rights other than the right hereby granted are necessc~cy for the construction mc~ntencmce and use of the highway and its appurtenances, or for the performcmce of any work In connection wth the Project the Polmcal Body w~li acquire ~ such other property and rights at its own expense and vnthout expense to the Ratlroad SECTION 2 - CONSTRUCTION OF HIGHWAY a) The Political Body, at its own expense, will c~ply for and obt~0n afl public authority required by ]crv/ or(finance rule or regulahon for the Project, and ~ furnish the Ratlroad upon request with satisfactory evidence th~ such authority has been obtafned b) Except as mcqr be otherwise specdically pranded hereto, the Pohtical BOdy, at its own expense will furrush ~ necessc'ry laber material and equipment, and shall construct crud complete tho highway and all appurtenances thereof The appurtenances shall include, without limitation, all necessary and proper highway warning dev/ces (except those installed by the Rctllroad within its right, of-way) and all necesscn7 and proper tiro:triage facilities, guard roils or bottlers, and right of way fences between the imghwoy and the roil.road tracks Upon completion of the Project, the Poht~caf Body shall remove from the Railroad's proper%, all temporcn7 structures and false work, and will leave the Crossing Area in a condition satisfactory to the Rcnlroad phx oxb Pag~ I ExMbR B O \lawadm\par\ forms\OS 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 prowded hereto shall not be requn~ed to pay or contribute any part of the cost thereof If the Project is to be financed m whole or in part by Federal funds, all construction work by the Political Body shall be performed and any reuubursement 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 Pohtlcal Body upon the Rcnlrcad's property (including but not linuted to construction of the I-nghway and all appurtenances and all related and incidental work) shall be performed and completed m a manner satisfactory to the V~ce President-Englneenng Serwces of the Railroad or Ins authorized representative and in accordance wth detailed plans and specifications prepared by and at the expense of the Political Body, and approved m writing by the Railroad's Vice President- Engineenng Services e) All construction wark of the Political Body shall be performed chhgently and completed w~tlmn a reasonable time and in any event v~thm three (3) years from the effective date of thts Agreement or w~tlmn such further period of time as may be specified in writing by the Railroad's Vice President Engineering Services No part of the Prelect shall be suspended discontinued or unduly delayed v~thout the Railroad's written consent, and subject to such reasonable condmons as the Railroad may specify It is understood that the Railroad's tracks at and m the v~cnmty of the work will be m 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 alcm'ns for damage on account of any delay shall be made against the Railroad f) If the Project includes construction of c~ structure over wlmch trains are to be operated, or for which the Rmlroad has any respons~b~hty for mumtencmce, the Pohtical Body shall furmsh the Ro:flroad permanent reproducible pnnts of all design and shop drawings as seen cs possible after approval by the Vice President Engineering Serwces of the Railroad or ins authorized representative Upon completion of construction, the Pohtlcal Body shall furmsh the Railroad two sets of "as constructed" pnnts and, m adchtlon, upon request of the Vice Presldent-Engineenng Sernces of the Rcnlrc~d ~'as constructed" permanent reproducible prints of all or any portion of the structure SECTION 3 - INI-URY AND DAMAGE TO PROPERTY If the Pohtlcal Body in the performance of any work contemplated by tlms Agreement or by the failure to do or perform anything for wlmch the Paltilcal Body is responsible under the provisions of ti'ns Agreement shall re)ute damage or destroy any property of the Railroad or of any other person lawfully occup!nng or using the property of the Radroad, such property shall be replaced or repented by the Political Body at the Pohtlcal Body's own expense, or by the Railroad at the expense of the Political Body and to the satisfaction of the Railroad's Vice Premdent-Engmeering Semces SECTION 4 PAYMENT FOR WORK BY THE RAILROAD COMPANY a) Bills for work and matenals shall be paid by the Political Body promptly upon receipt thereof The Railroad wtli submit to the Pohtlcal Body current bills for flagging and other protective serzces and de~nces dunng progress of the Prelect The Railroad subrmt final billing for flagging and other protective sernces vathin one hundred and twenty (120) days citer completion of the Project provided the Pohttcal Body adwses 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 arty of its work by other than railroad forces The Railroad shall notify the Poht~cal Body of the contract price vathtn ntnety (90) days after it is awarded Unless the Railroads work is to be performed on a f~xed price basis the Political Body shall reumburse the Railroad for the amount of the contract SECTION 5 - a) If the Project involves a grade crossLng 1) The Pohtical Body shall at its own sole expense, maintain, repair andrenew 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 (:md at the expense of the Railroad phx cxb Page 2 Exhibit B G \lawadm\par\forms\0S89n cxb PHC 880301 Standard Form Apptowd AVP Law 2) If, in the future, the Pohlical Body elects to have the surfacing material between the track he ends or between tracks if there is more than one rcalroad 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 m the future to the extent repair or replacement of the surfacing is necessitated by repent or rehabilitation of the Rcnlrood's tracks through the Crossing Area, the Political Body shall bear the expense of such repcnrs or replacement b) If the l:Yo]ect involves a public l'nghwoy crossing under the Rcnlroad's tracks 1 ) The Pohtlcal Body shall, at its own sole expense, mountain repcnr, and renew, or co, use to be mcnntcnned repcared and renewed, the entn-e substructure of the h~ghwc~y-rculroad grade separation structure 2) The Rcnlroad shall, at its own sole expense, mamtcnn end repcnr, or cause to be mcantcaned and repcured the entire superstructure of the tughwoy-rcnlroad grade separation structure c) If the Project involves a pabhc t-aghway crossing over the R~lroad's tracks the Political Body shall, at its own sole expense maintain, repcnr, and renew, or cause to be mcuntcaned, repented, and renewed the entire h~ghway-rallrood grade separation structure SECTION 6 - ~ If at any time the Rcilroad shall elect, or be required by competent authority to rcnse or lower the grade of all or any portion of the track or tracks located on the Crossing Area, the Pohtlcal Body shall at its own expense conform the public tughway in the Crossing Area to conform with the change of grade of the trackage SECTION 7 REARRANGEMENT OF WARNING DEVICES If the change or rearrangement of any warning demce installed hereunder is necessitated for pubhc or Rcnlroad convemence or on account of improvements for either rcfllroad, knghwc~y or both, the parties ~ apportion the expense incidental thereto between themselves by negotiation, agreement or by the order of a competent authority before the change or rearrangement is undertaken SECTION 8 - SAFETY MEASURES. PROTECTION OF RAILROAD COMPANY OPERATIONS It m understood and recograzed that safety arid continuity of the Railroad's operations and commurncatlons are of the utmost importance, and in order that the same may be adequately so/eguarded protected and assured, and in order that accidents may be prevented and ce~'oided, it ~s agreed with respect to all of s~d work of the Pohtlcal Body that the work will be performed m a sale manner and in conforrmty with the following standards a) Definitions All references m tl'~s Agreement to the Political Body shall include the Pohtlcal Body's contractors subcontractors, officers, agents and employees, and others acting under its or their authority, and all references in tl-us Agreement to work of the Pohtical Body shall include work both within and outside of rculroad property b) ~,~a~F~[~ The Political Body shall comply with all apphcable federal, state and local laws regulations and enactments ~fecting the work The Pohtical Body shall use only such methods as are consistent with scffety, both as concerns the Pol/ttcal B~dy, the Political BOdFs agents and employees, the officers, agents, employees and property of the Rca]road and the public m general The Pohtical Body (withaut limiting the generahty of the foregoing) shall comply with all apphcable state and federal occupational salety and health acts and regulations All Federal Ro:lroad Adnurastratlon regulations shall be followed when work is performed on the Roflroad's premises If any failure by the Pohtical Body to comply with any such laws, regulations, and enactments, shall result in any fine, penalty, cost or charge being assessed, ~rnposed or charged ag~nst the Rcalroad, the political Body shall reimburse and indernrufy the Roflroad for any such fine, penalty, cost or charge, lncluchng without lmutation attorney, s fees, court costs and expenses The Political Body further agrees m 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 Rcnlroad c) ~ The Pohtical Body shall not do, suffer or perrmt anythmg wbach wtll or may obstruct endanger, phx cxb Page 3 Exhibit B G Uawadra\plu'~ forms\0589n cxb PHC 880301 Standard Form Approved AVPoLaw interfere with, hmder or ~elay maimencmce or operatzon of the Rcnlroad's tracks or faclhtms or any commumcohon or signal hnes mstaliations or any appurtenances thereof, or the opera,ohs of others lawfully occupying or using the Radroad's property d) SuDervimon The Pohtlcdl Body at its own expense shall adequately police and super~se all work to be performed by the Pohtlcal Body and shall not inflict injury to persons or damage to property for the safety of whom or of which the Rculroad may be responsible, or to property of the Rcnlroad The responsibility of the Pohtlcal Body for safe conduct and adequate policing and super~sion of the Prolect shall not be lessened or othervnse affected by the Rcnlroad's approval of plans and specifications, or by the Rcalrcad's collaboration in performance of any work, or by the presence at the work site of the Radroad~s representatives, or by compliance by the Political Body with any requests or recommendations made by such representatives ff a representative of the Rmlroad ~s assigned to the Prolect the Political Body will gtve due considerahon to suggestions and recommendations made by such representative for the safety and protection of the Rcnlroad's property and operations e) SusDenmon of Work If at any time the Political Body's engineers or the V~ce President Engmeenng Serwces of the Radroad or their respective representatives shall be of the opm.ion that any work of the Political Body is being or is about to be done or prosecuted w/thout 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 provtded f) ~qernoval of Debris The Pohtlcal Body shall not cause, suffer or permit material or debris to be deposited or cast upo~ or to shde or fall upon any property or facdltms of the Railroad, and any such material and debris shall be promptly removed from the Ratlroad's property by the Political Body at the Political Body's oven expense or by the Rculroad at the expense of the Pohtical Body The Pohtical Body shall not cause, suffer or perrmt any snow to be plowed or cast upon the Rcnlrc~d~s property dunng snow removal from the Crossing Area g) Ex'olomves ThePaliticalB~dyshal~natdischargeanyexp~swes~n~rmthewcimty~ftheRcnlr~ad`spr~pertyw~th~ut the prior consent of the Ratlroad's Vice Premdent-Engineermg Serwces which shall not be g~ven d m the sole discretion of the Railroad's Vice Premdent-Eng~neenng Services, such discharge would be dangerous or would interfere with the Rculroad's property ar facilities For the purpoees hereof, the '~clruty of the Rcnlroad~s property" shall be deemed to be any place on the Rcnlroad's property or in such close prommlty to the Rcnlroad's property that the discharge of explosives could cause mlur¥ to the Rcnlroad's employees or other persons, or cause damage to or interference w~th the fac~hties or operations on the Railroad's property The Railroad reserves the right to unloose such conditions restrictions or hrrntattons on the transportation handlmg, storage, secunty and use of explosives as the Rcnlroad, m the Rcnlroad's sole discretion may deem to be necesscu~ desirable or appropriate In adchtion to any concht~ons, restrictions or lunltat~ons as may be specllically imposed 1) Unless the Railroads Vice President-Engineering Servtces agrees otherwise the Pohtlcal Body shall pro, nde 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 dayhght hours, and at mutually acceptable t~mes 3) The Political Body, at ~ts 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, handhng, storage, security or use of explosives 4) The Political Body shall reqmre explosives to be transported, handled, stored or otherwise secured and used in a manner satisfactory to the Roflroad and in accordance with lccal state and Federal laws, rules and regulations including without limitation, United States Deportment of Labor, Bureau of Labor Standards Safety and Health Regulations for Construction, 29 CFR Part 1518, Subpart U -- "Blasting and the Use of Explosives", and Occupational Safety and Health Adrmnistration Occupational Safety and Health Standards, 29 CFR Port 1910, Subpart H -- "Hazardous Materials" h) Obstructions to View Except as otherwise specifically provided herein, the Pohifcal Body shall not cause or permit the wew along the tracks of the Railroad to be obstructed, nor place any combustible material on the premises, nor erect any structures thereon If pubhc law or regulation requn'es control or removal of weeds or vegetation on each side of the Crossing phx cxb Pag~ 4 Exhibit B G \lawadm\par\forms\0589n cxb PHC 880301 Standard Form Approved AVP Law Area the Pohtical Body ~ perform such control or removal work without expense to the Rc~lroad or, ff the Political Body may not lawfully perform the control or removal work, reimburse the Rculroad for the cost of performing such control or removal If the crossing m not equupped with automatic trem activated warmng dewces with gate arms 1 ) The Poht~cal Body shall control or remove weeds and vegetation within crud on each side of the Crossing Area so that the 'aew of approaching motorists to approaching trcnns is not obstructed by weeds or vegetation, and 2) Insofar as it may ich,gully may do so, the Pohlical Body vnll not perrmt non-partms to construct sight obstructing btnldmgs or other permanent structures on property adjacent to the nght-of-way 0 ~ The Political Body shall not excoriate from exmtmg slopes nor construct new slopes which are excessive and may create hazards of shdes or falling rock, or unpcnr or endanger the clearance between emstmg or new slopes and the tracks of the Rcrrlroad 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 cfffect the Rarlroad*s tracks or fac~htles The Political Body, at its own expense shall install and mcnntcnn adequate shoring and cribbing for all exccr,,ation and/or trenching performed by the Political Body in connection with construction, maintenance or other work The shoring and cribbing shall be constructed and mcnntmned with materials and m a mariner approved by the Rcnlrcad's Vice President Engineering Sevaces to w, thstand all stresses hkely to be encountered including any stresses resulting from wbrations caused by the Rmlroad's operations in the ~nclmty j) Dramaae. The Political Body at the Pohtical Bodl/s own expense, shall pro~de and mcnntcm suitable facfftties for draining the highway c~d its appurtenances, and shall not suffer or permit draunage water therefrom to flow or collect upon property of the R~lroad The Political Body, at the Political Body's own expense shall prowde adequate passageway for the waters of any strecn'ns, bodies of water and drainage facilities (either natural or artificial and mclucfing water from the Raulrc~d's culvert and drc~age facilities), so that s~d waters may not, because of any facfftties or work of the Poht~cal Body be umpeded 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 emstmg ditches or drcnnage facilities k) Notice Before commencing any work the Political Body shall prozde 48 hours prior notice (excluchng weekends and holidays) to the Rc~lroc~d's Manager-Track Mcnnt~nance 1) Fiber Optic Cables Fiber optic cable systems may be buried on the Rcnlroad~s property Protection of the fiber optic cable systems is of extreme unportance since any breek could disrupt serwce to users resulting m 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 Rcnlroad's premises to be used by the Political Body If it is Political Body will telephone the telecommunications compcmy(ies) revolved arrange for a cable locator and make arrangements for relocation or other protection of the fiber optic cable pnar to beg~nmng any work on the Rcnlroad's premises SECTION 9 - INTERIM WARNING DEVICES If at anytwne it is determined by a competent authority, by the Pohhcal Body or by agreement between the parties that new or unproved triton activated warning dev/ces should be installed at the Crossing Area the Political Body shall install adequate temporary warning dewces or signs and impose appropriate vehicular control measures to protect the motoring pubhc until the new or improved devices have been installed pbx exb Page 5 Exhibit B G ~lawadm\par\forms\0589n cxb PHC 880301 qtandard Form ApproVed AVP Law SECTION 10 - Q.~ All protective and mdemmfymg pro~nsions of this Agreement shall inure to the benefit of the Railroad and any other railroad company lawfully using the Rcnlroad's property or facilities SECTION 11 - ~.k-'IvLEDIES FOR BREACH OR NONUSE a) If the Pohhcal Body shall fail, refuse or neglect to perform and abide by the terms of this Agreement, the Rmlroad in addmon to any other nghts and remeches, may perform any work which m the ludgment of the Rcnlroad is necessary to place the htghway and appurtenances in such conchtion as var not menace, endanger or interfere vath the Rcnlroad's facilities or operations or ~eoparchze the Railroad's employees, and the Political Body vail reimburse the Railroad for the expenses thereof b) Nonuse by the Political Body of the Crossing Area for pubhc readwuy purposes cantmumg at any t~rne for a penod of eighteen (18) months shall, at the option of the Rmlroad, work a termination of ti-us Agreement and of all rights of the Pohtlcal Body hereunder c) The Pohtical Body vail surrender peaceable possession of the Crossing Area upon termination of ttus Agreement Termination of ti'as Agreement shall not affect any nghis, obligations or liabilities of the parties accrued or otherv, use, w~ch may have arisen prior to termination SECTION 12 - MODIFICATION - ENTIRE AGREEMENT No waiver mod~cot~on or amendment of this agreement shall be of any force or effect unless made m writing, s~gned by the Pohttcal Body and the Railroad and specifying vath particularity the nature and extent of such waiver mod~hcatlon or amendment Any waiver by the Railroad of any default by the Political Body shall not atfect or impair any right arising from any subsequent default This Agreement and Exhibits attached hereto and made a part hereof constitute the entire understandmg between the Pohtical Body and the Railroad and cancel and supersede any prior negotiations understandings or agreements, whether written or oral, vath respect to the work or any part thereof SECTION 13- ASSIGNMENT. SUCCESSORS AND ASSIGNS This Agreement shcdl not be assigned vathout the written consent of the Railroad Sublect hereto, tl~s Agreement shall be binchng upon and inure to the benefit of the parties hereto and their successors and assigns pbx exb Page 6 Exhibit B C3 \lawadm\par~forms~0589n exb PHC/PHE INS 920624 Standard Form ApproVed AVP Law EXHIBrI' B- 1 Pubhc Road Insurance Requirements The Pohtical Body end/or its Contractor/Subcontractor shall, at its own and/or its Contractor's/Subcontractor's sole cost and expense, procure the following k~nds of insurance and promptly pay when due all premmms for that insurance The Rcnlroad Protectwe Insurance described in Pcn'agraph D below only needs to be obtained and kept m force during the duration of construction or major reconstruction of the highway located on the Premises The other insurance coverage described m Paragraphs A, B and C below shall be kept in force by the Pohtical Body during the life of ti'us Agreement A General Public Ltabllity insurance pro~chng bodily mlury, mclucfing death, personal lnlury and property damage coverage wtth a combined single lirmt of at least $2 000,000 each occurrence or clctm and a general aggregate limit of at least $4,000,000 Th,ts insurance shall provtde Broad Form Contractual Ltab~hty covering the mdemmty prowslans contcnned m th~s Agreement, Underground Hazard, Broad Form Property Dcn'nage a wcnver of governmental lmmumty (ISO Form GL 24 14 or equivalent), severabllity of interests and name Ratlroad as an ad&tlonal insured w~th respect to all liabilities cn'lsmg out of Political Body's obligation to Rcnlroad in the Agreement If coverage is purchased on a "clauns made" basis it shall pro,nde for at least a three (3) year extended reporting or discovery pened, wb..tch shall be revoked should insurance covering the time period of th~s Agreement be cancelled B Automobile Public Ltabihty insurance prowdlng bodily injury and property dcu'nage w~th a combined single lurut of at least $2,000,000 each occurrence or clcum Thts msurance shall provtde contractual liab~lity by endorsement ISO Form CA O0 25 or equivalent covering all motor vel'uclee including hired and non-owned mobile equipment to the extent it may be excluded from general liability insurance, severablhty of interests and name Rculroad az an adchtional insured vcth respect to liabilities ansmg out of Political Bedy's obligation to Rollroad in the Agreement C Worker'~ Compensation insurance covering the statutory liability as determined by the compensation laws of the state(s) cfffectedbyth~sAgreementandEmployers%~abilitywithalunlt ofat least $1 000000 Also comphance w~th all laws of states winch require participation m their state workers' compensation fund D Railroad Protective Ltabihty insurance naming Rcnlroad as insured vnth a combined single hmit of $2,000,000 per occurrence vrith a $6 000 000 aggregate The policy form shall be AA.R-AASHTO w~th broad form coverage for "Physical Damage to Property' (ISO Form GL 00 30) or as rewsed ISO-RIMA (Form CG 00 35) and include pollution arising out of fuels c~nd lubricants brought to the job site (ISO Form CG 2831 or equivalent) If the Llcyd'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 adoring the length of the original policy period plus one year to the policy expiration date The Political Body and/or its Contractor(s)/Subcontrantor(s) hereby wcuve then' nghi of subrogation, as respects the above insurance pohcy(les), agcnnst Railroad for payments made to or on behalf of employees of Pohtlcal 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 Roflroad's right, of-way or other real property Political Body's and/or its Contractor's/Subcantractor's insurance shall be prunary with respect to any insurance carried by Rcalroad Political Body and/or its Contractor(s)/Suboantractor(s) shall furmsh to Railroad certificate(s) of insurance e,ndencing the reqmred coverage and endorsement(s) and upon request o certified duplicate original of any of those pohcms The insurance company(ms) issuing such policy(les) shall not~fy Rcnlroad in writing of any material alteration including any change in the retroactwe date in any "claims-made~ policies or substantial reduction of aggregate limits, ~f such limits apply, or cancellation thereof at least thirty (30) days prior thereto The insurance policy(les) shall be wntten by a reputable insurance company or comp~sues acceptable to Rcnlroad 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) cfffected by ti'ns Agreement phxexbl exb Page 7 ExhlbR B I CONTRACTOR'S ROE 980204 Folder No 180923 Form Approved AVP-Law CONTRACTOR'S RIGHT OF ENTRY AGREEMENT THIS AGREEMENT is made and entered rote as of the .day of , 199 by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation (hereinafter referred to as the "Radroad"), and, a(hermnaRer 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 Radroad in the VlCarlty of NoRmgham 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 - DEFINITION OF CONTRACTOR For purposes of this agreement, all references m this agreement to the Contractor shall include the Contractor's contractors, subcontractors, officers, agents and employees, and others acting under its or their authority ARTICLE 2 - RIGHT GRANTED. PURPOSE 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 hereto contained, to enter upon and have argress to and egress from the property described m the Racltals for the purpose of performing any work described tn the Recitals above The right hereto granted to Contractor is hmited to those portions of Railroad's property specifically described herein, or as designated by the Railroad Representative named tn Article 4 ARTICLE 3 - TERMS AND CONDITIONS CONTAINED IN EXHIBITS A AND The terms and ¢ondlttnns contaared ar Exhibits A and A-l, attached hereto, are hereby made a part of this agreement ARTICLE 4 - ~,I,L EXPENSES TO BE BORNE BY CONTRACTOR. RAILROAD REPRESENTATIVE The Contractor shall bear any and all costs and expenses associated with any work performed by the Contractor, or any costs or expenses arcurred by the Railroad relating to this agreement All work performed by Contractor on Railroad's property shall be performed tn a manner satisfactory to the Railroad's Manager Track Maintenance] or his authorized representative (hereinafter the "Railroad Representative") identified below Rachard Maxwell 606A Bell Place Denton, TX 76201 (817) 387-6213 CONTRACTOR'S ROE 980204 Folder No 180923 Form Approved AVP-Law ARTICLES- ~ a) The grant of right hereto made to Contractor shall commence on the date of this agreement, and continue until , unless sooner terminated as hereto 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 Raikoad 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 reqmred pursuant to Exhibit A-1 of this agreement m a policy which contains the following type of endorsement Umon Pacific Railroad Company is named as additional insured with respect to all liabilities arising out of Insured's, 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 agant(s)foroker(s) and that said agant(s)foroker(s) has been lnstructad to procure insurance coverage and an endorsement as required hereto c) All insurance correspondence shall be d~reeted to Folder No 1809-23 Union Pacific Railroad Company D~rector - Contracts At~n Cheryl A Kmkel 1800 Farnam Street Omaha, Nebraska 6g102 ARTICLE ? - ~a~ This agreement shall be governed, conswaed and enforced m accordance with the laws of the state of Fexas Litigation arising out of or connected with this agreement may be mstltnted and maintained m the courts of the states of Nebraska and Texas only, and the parties consent to jumdictlim over their person and over the subject matter of any such htigat~on, m those gout'cs, and consent to service of process issued by such courts ARTICLE 8 - DISMISSAL OF CONTRACTOR/SUBCONTRACTOR EMPLOYEE At the ~quast of Radroad, Cun~actor shall remove from Railroad property any employee of ConU'actor or any subcontractor who fails to conform to the instructions of the Railroad Representative in connection with the work on Rmlroad's property, and any right of Contractor shall be suspended Imtfl such removal has occurred Contractor shall mdemmfy Railroad against any claims arising from the removal of any such employee from Railroad property ARTICLEg- ~ Comractor shall pay to Rmlroad Five Hundred Dollars ($S00 00) as reimbursement for clerical, admnnstrative and handling expenses m connection with the processing of this agreement CONTRACTOR'S ROE 980204 Folder No 180923 Form Approved AVP Law ARTICLE 10- ~ a) No addmonal veMcular crossings (including temporary haul roads) or pedestrian crossings over R. aflroad's trackage shall be installed or used by Contractor without the prior written permission of Radroad b) Explosives or other Mghly flammable substances shall not be stored on Railroad property without the prior written approval of the Railroad RepresentaUve IN WITNESS WHEREOF, the part~es hereto have executed tMs agreement ~n duphcate as of the date first (Name of Contractor) By T~tle UNION PACIFIC RAILROAD COMPANY By CONTRACTS KEPRESENTATIVE CONTRACTOR'S ROE 980204 Folder No 180%23 Form Approved AVP Law EXHIB][T A TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT Section I ~OTICE OF COMMENCEMENT OF WORK - FLAGGING. a The Contractor agrees to noUfy the Pal]road RepresentaUve at least 10 wurkmg days In advance of Contractor commencing its work and at least 5 working days m advance of proposed performance of any work by the Contractor m which any person or equipment will be within 25 feet of any track, or wdl be near enough to any track that any eqinpment extension (such as, but not lumted to, a crane boom) wtll reach to within 25 feet of any track No work of any kind shall be performed, and no persen, eqinpment, machmery, tool(s), material(s), vehicle(s), or thing(s) shall be located, operated, placed, or stored within 25 feet of any of Radroad's track(s) at any time, for any reasnn, unlass and untd a Railroad flagraan is providad to watch for trains Upon receipt of such 5-day notice, the Rai]road Representative will determine and mfonn 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 Con~actur's expense with the understanding that if the Railroad provides any flagging or other services, the Contractor shall not be ralieved of any of its rasponslbdtues or habdlties set forth herein Contractor shall promptly pay to Radroad all charges connected with such services within 30 days after presentation of a ball therefor b The rate of pay per hour for each man will be the prevadmg hourly rate m effect for an eight hour day for the class of men used durmg regularly assigned hours and overtnne m accordance with Labor Agreements and Schedules in effect at the tune the work is performed In addtuon to the cost of such labor, a composite charge fur vacation, hohday, health & welfare, supplemental sickness, Radroad Rct~rement & UC, supplemental pension, Empl Llabthty & Proper'o/Damage and Admmistratlun wdl be lncludad, computed on actual payroll The composite charge wdl be the prevadmg composite charge m effect on the day of execution of this agreement One and one-half times the current hourly rate is paid for overtnne, Saturdays and Sundays, two and one-half times current hourly rate for holidays Wage rates are subject to change, at any tune, by law or by agreement between the radroad and its employees, and may be retroactwe as a result of negotmtlons or a ruling of an authorlzad Governmental Agency Addmonal 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 covering the full eight hour day durmg which any flagman is fi~rinshed, unless he can be assigned to other Radroad work during a portion of such day, m which event reimbursement wdl not be required for the portion of the day during which the flagman is engaged m other Ral]road work Reunbursement wdl 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 Ral]road Company by assignment of such flagman to other work, even though the Contractor raay not be working during such tune Section 2 LIMITATION AND SUBORDINATION OF RIGHTS GRANTED a The foregoing grant of right is subject and suburdmate to the prior and continmng right and obhganon of the Railroad to use and maintain its entire property including the right and power of the Raikoad to constxuct, maintain, repair, renew use, operate, change, modify or relocate rmlroad tracks, roadways, signal, communication, fiber optics, or other wirelmes, plpehnes and other facdmes upon, along or across any or all parts of its property, all or any of which may be freely done at any tune or tunes by the Pallroad without hablhty 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 m 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 w~thout covenant of t~tle or for quiet enjoyment Section 3 NO INTERFERENCE WITH RAILROAD'S OPERATION. No work performed by Cnntractor shall cause any mterferense 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 tlrae that CONTRACTOR'S ROE 980204 Folder No 180923 Form Approved AVP Law would in any manner unpatr the safety thereof When not m use, Contractor's machinery and materials shall be kept at least 50 feet from the centerhne of Railroad's nearest track, and there shall be no vehicular crossings of Railroad's tracks except at existing open public crossings Section 4 ~,A,~/J~ The Contractor shall pay m 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 matermlman's liens of any kind or nature to be created or enforced agamst any property of the Railroad for any such work performed The Contractor shall mdemmfy and hold harmless the Radroad from and against any and all liens, clauns, demands, costs or expenses of whatsoever nature in any way connected with or growing out of such work done, labor performed, or materials furnished Section $ pROTECTIQ~ OF FIBER OPTIC CABLE SYSTEMS. 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 resultmg m 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 company0es) involved, arrange for a cable locater, make arrangements for relocatlun 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 mdemmty provlsloas m this Agreement, the Contractor shall mdemmfy and hold the Railroad harmless from and against all costs, habthty and expense whatsoever (mcludmg, without lrmltatlon, 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 mjury to or death of any person employed by or on behalf of any telocommumcat~ons company, and/or its contractor, agents and/or employees, on Railroad's properly 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 ¢oasequentlal damage to a telecommunication company using Railroad's property or a customer or user of services of the fiber optic cable on Railroad's property Section 6 COMPLIANCE WITH LAWS. 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 enaclments 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 Ibc Railroad and the public m general The Contractor (without hmltmg the generality of the foregomg) shall comply with all applicable state and federal occupatlonal safety and health acts and regulations All Federal Railroad Adrmmstratton regulations shall bel fullowed when work is performed on the Railroad's property If any failure by the ConWactor to comply with any such laws, regulations, and enacUnents, shall result m any t'me, penalW, cost or charge bemg assessed, unposed or charged against the Railroad, the Contractor shall reimburse and indemnify the Railroad for any such f'me, penalty, cost, or charge, including without hmitatlon attorneys' fees, court costs and expenses The Contractor further agrees m the evant of any such action, upon notice thereof bemg provided by the Railroad, to defend such action free of cost, charge, or expense to the Railroad Section 7 ~ Safety of personnel, property, rml operat~uns and the public ~s of paramount unportance m the prosecution of the Work pursuant to this agreement As reinforcement and m furtherance of overall safety measurns to be observed by the Contractor (and not bY way of lumtatton), 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 m all safety and health aspects of the job The Contractor shall have proper first a~d supphes avadable on thejob site so that prompt first md services can be provided to any person that may be injured on the .lob site The Contractor shall promptly notify the Railroad of any U S Occupatlunal Safety and Health Administration reportable injuries occurrmg to CONTRACTOR'S ROE 980204 Folder No 180923 Form Approved AVP Law any person that may arise_during the work performed on the job site The Contractor shall have a non-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 m then' 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 then' vision, hearmg or flee use of than' hands or feet Only waist length sh~s 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 l-latest revision It ts 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 l-latest revision Addttional eye protecnon must be provlded to meat speclfic job sltaations such as welding, gnndmg, burning, etc, and (3) Hearing protection which affords enough at'~enuatlon to give protection fi'om noise levels that will be occarrmg on the job site c All heavy equipment provided or leased by the Contractor shall be equipped with audible back-up warning devices Ifm the opmlen of the Rmlroad 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 fi'om the Railroad's right-of-way Section 8 ~ a As used m this Section, "Rmlroad" includes other railroad companies using the Railroad's property at or near the location of the Contractor's installation and then' officers, agents, and employees, "Loss" includes loss, damage, claims, demands, actions, causes of ection, penalties, costs, and expenses of whatsoever nature, including coart costs and attorneys' leas, which may rasult 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, ~'ecks, equipment, or other proper~y of the Railroad, or property m its care or custody) b As a major inducement and m consideration of the license and permission herein granted, the Contractor agrees to lndemm~y and hold harmless the Railroad from any Loss which is due to or arises fi'om any cause and is associated in whole or m 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 arising out of performance or nonperformance of this agreement regardless of whether contributed to m part by the neghgence ot fault of Radroad Howevar, the Contractor shall not indemnify 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 m any way challenged by the other party, 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 Section 9 RESTORATION O1~ PROPERTY. In the event the Railroad anthonzes the Contractor to take down any fence of the Rmlroad or m any manner move or disturb any of the other property of the Railroad m connection with the work to be performed by Contrector, then m 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 m before such fence was taken down or such other property was moved or disturbed The Contractor shall remove all of Contractor's tools, CONTRACTOR'S ROE 980204 Folder No 180923 Forra Approved AVP Law equipment and materials from Rmltoad'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 ~ ~ M Y~Y~..9.~.I[~ ~,~l Waiver by the Railroad of the breach of any con&tlon, covenant or agreement hereto contained to be kept, observed and performed by the Contractor shall m no way nnpmr 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 at, tempt 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 4 CONTRACTOR'S ROE 980204 Folder No 180923 Form Approved AVP-Law Exhibit A-I UNION PACIFIC RAILROAD CONTRACT INSURANCE REQUIREMENTS Third Party Contractors Right Of Entry Agreement Contractor shall, at its sole cost and expense, procure and inamtam during the life of this Agreement the following insurance coverage (a) ~ insurance providing bodily injury including death, personal injury and property damage coverage with a coinbmed single lumt of at least $2,000,000 each occurrence or clann and an aggregate lumt of at least $4,000,000 This msurance shall contain broad form contractual liability with a separate general aggregate for the project (ISO Form CO 25 03 or equivalent) Exclusions for explosion, collapse and underground hazard shall be reinovad Coverage purchased on a claims made form shall provide for at least a two (2) year extended reporting or discovery period if (a) the coverage changes from a clauns made form to an occurrence form, (b) there is a lapse/cancellatwn of coverage, or (c) the succeedmg claims made pohcy retroactive date is different for the expiring policy (b) ~ insurance providing bodily injury and property dainage coverage with a combined single hinit of at least $2,000,000 each occurrence or claun This insurance shall covar all motor vehicles including h~red and non-owned, and mobile equipinent if excluded from coverage under the general public hablllty insurance (c) Workers' Comnensation insurance covering Contractor's statutory liability under the workers' compensation laws of the state(s) affected by this Agreement, and Employers' Llabihty If such msurance wdl not covar the babihty of Contractor m statas that require part~cipatwn m state workers' coinpansatiun fund, Cunttactor 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 lunit 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 hinder of insurance for Railroad Protective Liability must be submitted to the Railroad and the original oohcv or a certified dunhcate ormmal nohcv must be forwarded to the Railroad when available. Contractor and ItS insurers shall endorse the required msurance pobcy(les) to waive their rieht of subrogation agamst Railroad Contractor and its msurars also walye their right of subro~ation against Railroad for loss of its owned or leased property or property under its care, custody and control Contractor's insurance shall be prunary with respect to any msurance carried by Railroad The pohcy0es) reqmrad under (a) and (b) above shall provide severabihw of interests and shall name Railroad as an additional insured Prior to conunancmg the Work, Contractor shall furmsh to Railroad certificate(s) of insurance evidencing the reqmrad coverage and endorseinents and upon requast, a certlfiad duphcate original of any requtred pohcy The certificate(s) shall contain a provision that obligates the insurance company0as) issuing such pohcy(les) to notify Railroad m writing of any material alteration including any change m the retroactive date m any "clanns-inade" policies or substantial reduction of aggregate limits, if such hinits apply, or any cancellation at least thirty (30) days prmr thereto The insurance pohcy0es) shall be written by a reputable insurance company0as) 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) m which the Job Site is located Contractor WARRANTS that this Agreement has been thoroughly reviewed by Contractor's insurance agent(s)/binker(s), who have been ms~0ucted 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 CONTRACTOR'S ROE 980204 Folder No 180923 Form Approved AVP Law The fact that insurance is_ obtained by Contractor shall not be deemed to release or dtmimsh the liability of Contractor, ~ncludlng, without lumtatlon, habdity under the indemnity prowsions of this Agreement Damages recoverable by Ratlroad shall not be hmlted by the amount of the required insurance coverage 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 ALLWORK/ COST DISTRIBUTED AS FOLLOWS: SIGNAL - CITY OF DENTON - 100% PREPAY PID: 34549 AWO: 34325 MP,SUBDIV: 717.17, CHOCTAW SERVICE UNIT: 11 CITY: DENTON STATE: TX DESCRIPTION QTY UNIT LABOR MATERIAL RECOLL UPRR TOTAL ENGINEERING WORK ENGINEERING 4005 4005 4005 LABOR ADDITIVE 7731 7731 7731 SIG-HWY XNG 1478 1478 1478 TOTAL ENGINEERING 13214 13214 13214 SIGNAL WORK MATL STORE EXPENSE 1504 1504 1504 SIGNAL 12538 12538 12538 BILL PREP 900 900 900 CONTRACT 1253 1253 1253 EQUIPMENT RENTAL 4500 4500 4500 FOREIGN LINE'FREIGHT 250 250 250 LABOR ADDITIVE 23332 23332 23332 PERSONAL EXPENSES 6615 6615 6615 SIG-HWY ~NG 16548 16548 16548 TRANSPORTATION CHARGES 2150 2150 2150 USAGE EQUIPMENT 3360 3360 3360 WK ZONE TRAFFIC CONTROL 4725 4725 4725 TOTAL SIGNAL 40780 36895 77675 77675 LABOR/MATERIAL EXPENSE 53994 36895 .............. RECOLLECTiBLE/UPRR EXPENSE 90889 0 ........ ESTIMATED PROJECT COST 90889 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 FORfl $0-1 PAGE O! Il)RE ~K ORDER AUTHORZZATTO~-DETAZL OF EST/ItATED EXPEHOTTURES ES*'T START O).-O'l-O0 PRO~J HO ES'I 'GNP 22-32-00 A # 0 NO NO RA.~LROAD UPRR CO B Z NO: 99EN10 LOCATZON DEHTON,TX HOTTTNEflAH ST CNOCTA# SUB ~ STATE TX DEFARTNENTz EHGZN~ERZNG SERVZCES SERVZCE UNZT 1'l VAL SEC 4166 ZNSTALL GRADE CROSSZH~ #ARHTNO DEV'ZCES #ET# GATES AHD FLASHENG LZGflTS AT NOTTTNGHAH ST 'tN DENTON TX HP 7/7 Z7 ON THE C:HECTA# SUB. SZGN~L PROJECT HANAOER:G A NELSON RA:ZLROAD TO PERFORH ALL #QRK / COST DZSTRZBUTED AS FOLLM~ SZGflAL - CTTY OF EENI'~fl - 1OO~ PREPAY FORH $0-1 PAGE 02 MORE gORK ORDER AUTHORTZATZON'DETATL OF ESTZHATED EXPENDTTURES EST START 01-01-00 PROd NO ES~F ~gHP 12'31'00 A # 0 fro HO RA'TLROAD~ UPRR CO B Z NO 99EN10 LOCATI'ON DENTON, TX NOTTTNGHAfl ST CHOCTA# SUB ~ STATE TX DEPARTHENT ENG?HEERZHG SERVTCES VAt. SEC 4166 ......................... SCOPE OF gORK .......................... PROJECT VAL Fl P I~ P JOINT NLJflBER SEC STATE FROtl TO SEGflENT FACZLZTY SqF~*9 4166 TX 717 17 717 17 184,0 FORH 30-/. PAGE 03 HORE ifORK ORDER AUTflORXZAT~'ON-DETAZL OF ES'I/HATED EXPENGZTURES EST START 01-01-00 PROJ NO EST ~.OifP /.2-31-00 A if 0 NG ifO NO RAILROAD UPRR CO B I' NO 99EN10 LOCATTOI4 DENTONe, TX NOTT1'NOHAN ST CHOCTAif SUB STATE TX DEFARTHENT ENG1'NEIIER1'NO SERV1'CES YAL BEC ......................... LABOR PLAN .......................... GANG GAI4G TYPE GANG IfUItBER ffORK ifORK CODE GAN~ DAYS D1'RECT TYPE DESCR1'PTZON NBR TN GANG CODE DE$CR?PTZON ALLOGED LABOR $ STGOOS $ pERSON FOR S 0 .6 S400e, STO OENIERAL ~)1 O0 l&~a8 O0 TOTAL l& ~ .~IB O0 FO~N 30-1 PAGE 04 flORE WORK ORDER ALITHORZZATZON-DETAZL OF ESTI'flATED EXPENDZTURES EST START Ol-Ol-O0 PROJ NO 34349 EST ~INP X2-31-OO A # 0 NQ 343~ R&ELROAD UPI~R CO R ! NO 99Eh~.O LOCATZON DEHTOfl,TX NOTTZNGHAH ST CHOCTAW SUB -- STATE TX DEPARTHENT ENGZNEERZNG SERV]'CES VAL SEC 6166 ......................... STOCK I'IATERZAL PLAN .......................... Z'TEN ZTEH UNTT DTRECT NLAv~BER DESCRTpTZOfl COST ETY Uti NATL 078].0000 ASSEflBLY,JACK-q-#ZEE SUTTLE 07880600 #ERE; STATZOfl 0 03 20 LF 1 09e60700 HEAT SHRZHICABLE TuB'ri(G, 75" DZA I 03 8 EA 8 0004't'lRO HEAT SHRZHICABLE TUBZHG.~ 1.'t'' DZA I 60 6 EA 6 09135650 2363 J;SLEEVE;4'6;REDUCZHO 0 09X36370 2367 J SLEEVE,SPLXCXNG;4-4 0 8~ 8 EA 7 09d:bOXX40 ADAPTER; 4 XflCH CARLOfl PLASTZC 2.2.6 2 EA S 09409820 BUSI'LZHG, 4' pLAS'T/C.,XNSULATXNG 0 73 2 EA 2 09426920 COflOUZTj 4#; PVC; TYPE 40 't O? &O LF 86 0~B67930 LOCKNUT, 4 XNCH, GALYANZZED 4 09 2 EA 8 0984G..X70 GRQUND RQD,. S/8 XHCfl X 8 FEET S 19 9 09M67G0 GRND ROD COflN HAY ONESHOT 09908640 NTRE*R6 AItG I CON~ COPPER.,SOLZD 0 11 22K LF 25 09912120 #TRE.,R6 AWE 2 COflO (SOO' ROLL) 0 78 SO0 LF 390 09913120 N'rRE,G6 AND S COflO (So0' ROLL) 09930~.60 NZRE IlO AIqlG I COHO COPPER; STRAH 0 14 SOO LF 70 099e,6030 NZRE 814 AND 7 COflD CC.,(500" ROLL 0 67 250 LF 168 1706'lcc. o0 PADLOCK,SZGHAL;VZTHQUT KEY..AHER'FC 12 O0 SEA 60 190,09970 NOSE,1 1/1~ TNGH;STONAL BOOTLEG I 16 GO LF 93 SSOqO01O PLASTER OF PARTS J. DENTAL GRAD~ 0 82 26 LB 21 52003690 BOND #ZEE, 7 STRANDS 0 42 100 LF 42 52007040 NEB WELD BOND #'rRE TK CZRC COflHEC S2009780 BOOTLEG #ZEE CLAHP, S/8 I'NCfl INSU I 23 16 EA 20 E2019S$0 EKCLQSURE.,SflUNT;POLE HQUNTED 24X2 245 02 2 EA 690 520~19360 EKIUALTZER; fl D TAB S~S 9 22 2 EA 18 52021ESO FOUNOATZOfl,4';STEEL,FDE FLSHR/GAT 20~ 01 2 EA 608 52027660 THTERFACE~.DATA TRANSCE'rVER WDTT-S 12~8 02 1 EA 12~8 52028620 LTGHTNENG ARRESTOR,CLR'COHH TAB $ ? 02 4 EA 28 B20,62630 POST,, I. IQtJNTTNG; FOR SHUHT HOUSTNG 8 91 4 EA 36 S2070010 TERflTHAL;RIR-IO NIrRE;R'rHG TOHGUE 0 08 1SO EA 12 E2072280 TERflTNAL BLIN~; s'rGNAL 2 POST BAK 2 2.6 6 EA 9 E2OTgGSO N:[RE TAG, PLASTTC - #HZTE 0 08 100 EA 8 E2079E60 HARKI'NG PEN(FOR NHZTE TAG) I 94 1 EA 2 S2123700 FLASHTHG LZDHT UflZT; 12" LED CONP 370 O0 12 EA 4640 s2138310 GUARD L/HER PLATE, 84 ZNCH DZA 232 8S 2 ST SO& 52139160 GUARD POST, #6 X E S X 6 FEET 35 83 8 EA 287 522.66980 NBS; TAD 640, 62775'8621 49'10't 2 EA 982 S2263600 SURGE ARRESTOR;METER LOOP 23 90 I EA 24 S2264300 TRACK FZLTER ' TF 86 216 96 2 EA 436 G22760S0 CROSSZNG ANALYZER; HCA.1 1703 3O *t EA 1703 52276Ef&O CRODSZNG NODEN, EXfl'l 366 SO I EA 366 S3928230 BOND WXRE CLXP; SBA'268 FORH 1:0-]. PAGE 0.6 HORE #ORK ORDER AUTHORTZATION-DETA/L OF ESTTt'IATED EXPR#DZTURES ES'[ START 01-01-00 PROJ NO Esr L,:iMP 12-31-J0 A # 0 NO #0 NO RAILROAD UPRR CO B ! No 99EN10 LO~AT?ON DENTON.,TX NDTT/NGHAH ST CHOCTA# SUB STATE TX DEPARTflENT ENGZNEERTNG SERVZC:ES VAL SEC TOTAL 12,~3 FORfl $0-I PAGE O& HORE ~ORK ORDER AUTHORZZATIOH-DETAZL OF ESTZHATED EXPE#DZTURES EST START 01-01-00 PROJ NQ EST ~ORP 12-31-00 A # 0 NO 34S2S #0 NO RAILROAD UPRR CO R Z NO 99EN10 LOCATZON DE#TON;TX NOTTZNGHAH ST CHOCTAW SUB -- STATE TX DEPARTWEHT ENGZNEERZHG SERVZCES VAL SEC 4166 dOB ACCT UNZT TOTAL CHRSABLE TO NO. NO DESCRXPTZON qTY UH COST LABOR HATERZAL P Z 0 E OTHER wVAL SEC, 4164 ! ~#. NON dOZNT FACZLZTY ~#~ mN HAZH LINE ~# ! ~ · 7 759 EHGZ#EERZNG SZG-HEY RNG W/C LABOR ADDZTZVE 1417 ! 7751B ! ! ~ ......... ! ......... , ................... , ......... dOB TOTAL ~ 13214! ~ 13214 & OE7 SZGNAL ! SIG-H#¥ XNG W/C BZLL PREP ~C ZONE TRAFFZC COHTROL! ! EGUZPP, EHT RENTAL ! PERSQJ4AL EXPENSES ~ ! 6615~ FOREXGN LZNE FREZG#T ~ I 2SOe TRANSPORTATZOfl CHARGES ~ e 21S0~ CONTRACT ~ ! XRS$~ ! ! FOR~ SE-], PADE 07 flORE ~ ORDER AUTHORI'ZATTOR-DETATL OF ESTZflATED EXPENGTTURES ESI' START O],-OZ-IlO pROJ NO EST C.,HP: 12-$],-EE A # 0 NO: VD. NO RA]~LROAD UPllE CO B z NO: 99EHIE LOCATZOH DEHTOH;TX NOTTZHGH&H ST CflOCTAV SUB ~ STATE TX DEPAETflENT EHGTHEER'rN8 SERVXCES VAL SEC JOB ACCT IJfl~T TOTAL rHRGABLE TO HO NO DESCRtPTZOR DTY UH COST LABOR flATERZAL P ! 0 E OTHER , ! g ! g i, ! ir ! ' ! ~ ! · ! · ! ! ! ! ! : ! ! ! ~ $ ! ! ~ ! ! ! ! ! ! ir ! I I w ! ir ! ir J ! i : ! ! ! I · ! I ! · ! I I ! I 1 I I I I ! ! ! i ! ! ! ! i ! ! ! * i ! ! ACCT 7S9 SUBTOTAL I I ! I ir I 1 ! I ! ! ! I I I ESTXflATED BY ESHV312 CXDR 8~94o DO TOTAL ESTXHATED EXPENXTURES: $90;889 DATE 01-2S-2000 APPROVED BY: APPROVED BY #ORK ~R A~HORZ~-~TAZL ~ EST~TED EXPE~E5 BDT START: 0~-0~-00 PR~ ~ EST C~P Z2-3~-00 A ~ 0 RAILROAD UPRR CO B Z ~ 99E~0 L~TZ~ DE~,~ KZK~H ST C~TAV U STATE ~P~ EKZ~ERZ~ SEKCES ~ V~ ~Cl EDTZRATED CREDIT TO 'RESERVE FGR ROAD PROPERTY TO RE RETZRED AND REPLACED' ESTZHATED CREDZT TO 'RESERVE PROPERTY RET'rRED AHD NOT TO BE REPLACED' ESTZHATED CREDZT TO 'EI~JZPHEHT RETIRED' ESTZ~TED CREDZT TO EST'rRATED BY ESRVSli. R CZSE: 8~9d~0 000 DATE 01-2S-2000 APPROVED BY APPROVED BY 0 0 I DATE 2000-02-07 ESTIMATE OF MATERIALi~ND 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 ~ OTM, NO NEW RAIL UNLOAD, 1 Ci~ LOAD OF CI~SS 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 /~ATERIAL RECOLL UPRR TOTAL ENGINEERING WORK ENGINEERING 1057 1057 1057 TOTAL ENGINEERING 1057 1057 1057 TRACK & SURFACE WORK BAI~T 1 00 CL 126 608 734 734 CONTRACT 1500 1500 1500 LABOR ADDITIVE 9567 9567 9567 MATL STORE EXPENSE 996 996 996 OTN 609 223 832 832 RDXING 50 00 TF 3607 7932 11539 11539 SALES TAX 425 425 425 TRK-SURF, LIN 617 617 617 XTIE 42 00 EA 5186 1911 7097 7097 TOTAL TRACK & SURFACE 19712 13595 33307 33307 LABOR/PL~TERIAL EXPENSE 20769 13595 .............. RECOLLECTIBLE/UPRR EXPENSE 34364 0 ........ ESTIMATED PROJECT COST 34364 EXISTING REUSEABLE MATERIAL CREDIT 0 SALVAGE NON-~SEABLE MATERIAL CREDIT 0 RECOLLECTIBLE LESS CREDITS THE ABOVE FIGURES i~E ESTIMATES ONLY AND SUBJECT TO FLUCTUATION IN THE EVENT OF i~ INCREASE OR DECREASE IN THE COST OR QUi~NTITY OF MATERIAL OR L~OR REQUIRED, UPRR WILL BILL FOR ACTUAL CONSTRUCTION COSTS AT THE CURRENT EFFECTIVE PATE Page 1 Document Name untitled EP~4239 FORM 30-1 PAGE 01 MO WORK ORDER AUTHORIZATION-DETAIL OF ESTIMATED EXPENDITURES EST STA~RT 01-01-00 PRO3 NO 35855 EST COMP 12-31-00 A W O NO W O NO RAILROAD UPRR CO B I NO 00EN10 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 ll/23=RIGHT 12/24=LAST PAGE NEXT REQUEST CODE ACTION Date 2/7/00 Time 04 25 08 PM Page 1 Document Name untztled E~M239 FORM 30-1 PAGE 02 WORK ORDER AUTHORIZATION-DETAIL OF ESTIMATED EXPENDITURES EST START 01-01-00 PRO3 NO 358 EST COMP 12-31-00 A W O NO W O NO RAILROAD UPRR CO B I NO 00EN1 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 ll/23=RIGHT 12/24=LAST PAGE NEXT REQUEST CODE ACTION Date 2/7/00 T~me 04 26 01 PM Page 1 Document Name untitled E~239 FORM 30-1 PAGE 03 WORK ORDER AUTHORIZATION-DETAIL OF ESTIMATED EXPENDITURES EST START 01-01-00 PRO3 NO 358 EST COMP 12-31-00 A W O NO W O NO RAILROAD UPRR CO B I NO 00EN1 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 SIMlq 1840 0 0 95 0 0 SPECIAL PF KEYS 10/22=LEFT ll/23=RIGHT 12/24=LAST PAGE NEXT REQUEST CODE ACTION Date 2/7/00 T~me 04 26 27 PM Page 1 Document Name untitled 5£M239 FORM 30-1 PAGE 04 WORK ORDER AUTHORIZATION-DETAIL OF ESTIMATED EXPENDITURES EST START 01-01-00 PRO3 NO 358 EST COMP 12-31-00 A W O NO W O NO RAILROAD UPRR CO B I NO 00EN1 LOCATION CHOCTAW SUB/DENTON TX NOTTINGHAM ST STATE TX DEPARTMENT ENGINEERING SERVICES VAL SEC 4166 SPECIAL PF KEYS 10/22=LEFT ll/23=RIGHT 12/24=LAST PAGE NEXT REQUEST CODE ACTION Date 2/7/00 Time 04 26 40 PM Page 1 Document Name untitled A?M239 FORM 30-1 PAGE 05 WORK ORDER AUTHORIZATION-DETAIL OF ESTIMATED EXPENDITURES EST START 81-01-00 PRO3 NO 358 EST COMP 12-31-00 A W O NO W O NO RAILROAD UpRR CO B I NO 00EN1 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 RO;~D 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 0/%4 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 ll/23=RIGHT 12/24=LAST PAGE NEXT REQUEST CODE ACTION Date 2/7/00 T~me 04 26 57 PM Pags 1 Document Name untltled E~M239 FORM 30-1 PAGE 06 WORK ORDER AUTHORIZATION-DETAIL OF ESTIMATED EXPENDITURES EST START 01-01-00 PRO3 NO 358 EST COMP 12-31-00 A W O NO W O NO RAILROAD UPRR CO B I NO 00EN1 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 M~ 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 ll/23=RIGHT 12/24=LAST PAGE NEXT REQUEST CODE ACTION Date 2/7/00 Tzme 04 27 12 PM Page 1 Document Name untitled E£M239 FORM 30-1 PAGE 07 WORK ORDER AUTMORIZATION-DETAIL OF ESTIMATED EXPENDITURES EST START 01-01-00 PRO3 NO 358 EST COMP 12-31-00 A W O NO W O NO RAILROAD UPRR CO B I NO 00EN1 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 ll/23=RIGHT 12/24=LAST PAGE NEXT REQUEST CODE ACTION Date 2/7/00 Time 04 27 29 PM Page 1 Document Name untitled E£~239 FORM 30-1 PAGE 08 W(DRK 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 00EN1 LOCATION C~OCTAW SUB/DENTON~TX NOTTINGHAM ST STATE TX DEPARTMENT ~ENGINEERING 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 TI~ 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 TOTAL 10 678 SPECIAL PF KEYS 10/22=LEFT ll/23=RIGHT 12/24=LAST PAGE NEXT REQUEST CODE ACTION Date 2/7/00 Time 04 28 34 PM Page 1 Document Name untitled E~239 FORM 30-1 PAGE 09 WORK ORDER AUTHORIZATION-DETAIL OF ESTIMATED EXPENDITURES EST START 01-01-00 PRO3 NO 358 EST COMP 12-31-00 A W O NO W O NO RAILROAD UPRR CO B I NO 00EN1 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 *** NON 30INT FACILITY ** MAIN LINE 1 759 ENGINEERING 1057 TRACK W/C 17001 LABOR ADDITIVE 141% 1491 3OB TOTAL 2548 2 008 XTIE 42 EA 1911 SPECIAL PF KEYS 10/22=LEFT ll/23=RIGHT 12/24=LAST PAGE NEXT REQUEST CODE ACTION Date 2/7/00 Time 04 28 44 PM Page 1 Document Name untitled EP~239 FORM 30-1 PAGE 10 WORK ORDER AUTHORIZATION-DETAIL OF ESTIMATED EXPENDITURES EST START 01-01-00 PRO3 NO 358 EST COMP 12-31-00 A W O NO W 0 NO RAILROAD UPRR CO B I NO 00EN1 LOCATION CHOCTAW SUB/DENTON TX NOTTINGHAM ST STATE TX DEPARTMENT ENGINEERING SERVICES VAL SEC 4166 3OB 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 3OB TOTAL 6554 2006 4 010 OTM 223 OTM UNLD/DIS W/C 14003 MD 25 SPECIAL PF KEYS 10/22=LEFT ll/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 PRO3 NO 355 EST COMP 12-31-00 A W O NO W O NO RAILROAD UPRR CO B I NO 00EN1 LOCATION CHOCTAW SUB/DENTON,TX NOTTINGHAM ST STATE TX DEPARTMENT ENGINEERING SERVICES VAL SEC 4166 3OB 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 ll/23=RIGHT 12/24=LAST PAGE NEXT REQUEST CODE ACTION Date 2/7/00 Time 04 29 16 PM Page 1 Document Name untitled E~239 FORM 30-1 PAGE 12 WORK ORDER AUTHORIZATION-DETAIL OF ESTIMATED EXPENDITURES EST START 01-01-00 PRO3 NO 358 EST COMP 12-31-00 A W O NO W O NO RAILROAD UPRR CO B I NO 00EN1 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 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 ll/23=RIGHT 12/24=LAST PAGE NEXT REQUEST CODE ACTION Date 2/7/00 Time 04 30 07 PM Page 1 Document Name untitled E~239 FORM 30-1 PAGE 13 WORK ORDER AUTHORIZATION-DETAIL OF ESTIMATED EXPENDITURES EST START 01-01-00 PRO3 NO 358 EST COMP 12-31-00 A W O NO W O NO RAILROAD UPRR CO B I NO 00EN1 LOCATION CHOCTAW SUB/DENTON,TX NOTTINGHAM ST STATE TX DEPARTMENT ENGINEERING SERVICES VAL SEC 4166 3OB ACCT UNIT NO NO DESCRIPTION QTY UM COST LABOR MATERIAL 6 039 SALES TAX 317 LABOR ADDITIVE 141% 2051 3OB 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 ll/23=RIGHT 12/24=LAST PAGE NEXT REQUEST CODE ACTION Date 2/7/00 Time 04 30 19 PM Page 1 Document Name untitled E~M239 FORM 30-1 PAGE 14 WORK ORDER AUTHORIZATION-DETAIL OF ESTIMATED EXPENDITURES EST START 01-01-00 PRO3 NO 358 EST COMP 12-31-00 A W O NO W O NO RAILROAD UPRR CO B I NO 00EN1 LOCATION CHOCTAW SUB/DENTON,TX NOTTINGHAM ST STATE TX DEPARTMENT ENGINEERING SERVICES VAL SEC 4166 3OB ACCT UNIT NO NO DESCRIPTION QTY UM COST LABOR MATERIAL JOB TOTAL 2756 10 759 CITY OF DENTON TX OTM REPLACE/ W/C 14005 MD 148 OTM LOAD/PIC W/C 14006 MD 24 LABOR ADDITIVE 141% 137 3OB TOTAL 309 SPECIAL PF KEYS 10/22=LEFT ll/23=RIGHT 12/24=LAST PAGE NEXT REQUEST CODE ACTION Date 2/7/00 T~me 04 30 37 PM Page 1 Document Name untitled E~M239 FORM 30-1 PAGE 15 WDRK ORDER AUTHORIZATION-DETAIL OF ESTIMATED EXPENDITURES EST START 01-01-00 PRO3 NO 358 EST COMP 12-31-00 A W O NO W O NO RAILROAD UPRR CO B I NO 00EN1 LOCATION CHOCTAW SUB/DENTON TX NOTTINGHAM ST STATE TX DEPARTMENT ENGINEERING SERVICES VAL SEC 4166 3OB ACCT 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 LAI~OR ADDITIVE 141% 817 3OB TOTAL 1844 PRO3ECT TOTALS 35855 20769 13595 SPECIAL PF KEYS 10/22=LEFT ll/23=RIGHT 12/24=LAST PAGE NEXT REQUEST CODE ACTION Date 2/7/00 Time 04 31 03 PM Page 1 Document Name untitled EP~239 FORM 30-1 PAGE 16 WORK ORDER AUTHORIZATION-DETAIL OF ESTIMATED EXPENDITURES EST START 01-01-00 PRO3 NO 358 EST COMP 12-31-00 A W O NO W O NO RAILROAD UPRR CO B I NO 00EN1 LOCATION CHOCTAW SUB/DENTON,TX NOTTINGHAM ST STATE TX DEPARTMENT ENGINEERING SERVICES VAL SEC 4166 3OB 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 ll/23=RIGHT 12/24=LAST PAGE NEXT REQUEST CODE ACTION Date 2/7/00 Time 04 31 21 PM Page 1 Document Name untitled E~M239 FORM 30-2 PAGE 17 WORK ORDER AUTHORITY-DETAIL OF ESTIMATED CREDITS EST START 01-01-00 PRO3 NO 358 EST COMP 12-31-00 A W O NO W O NO RAILROAD UPRR CO B I NO 00EN1 LOCATION CHOCTAW SUB/DENTON TX NOTTINGHAM ST STATE TX DEPARTMENT ENGINEERING SERVICES VAL SEC 4166 3OB ACCT NO NO DESCRIPTION SALVAGE VAL SEC 4166 ** MAIN LINE ** 900 RET BALAST 901 RET XTIE 30 EA SPECIAL PF KEYS 10/22=LEFT ll/23=RIGHT 12/24=LAST PAGE NEXT REQUEST CODE ACTION Date 2/7/00 Time 04 31 53 PM Page 1 Document Name untitled E~4239 FORM 30-2 PAGE 18 WORK ORDER AUTHORITY-DETAIL OF ESTIMATED CREDITS EST START 01-01-00 PRO3 NO 358 EST COMP 12-31-00 A W O NO W O NO RAILROAD UPRR CO B I NO 00EN1 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 PET RDXING ESTIMATED BY EENS682 DATE 02-07-2000 APPROVED BY APPROVED BY SPECIAL PF KEYS 10/22=LEFT ll/23=RIGHT 12/24=LAST PAGE NEXT REQUEST CODE ACTION Date 2/7/00 Time 04 32 17 PM