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
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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
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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
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PHC 880301
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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Date 2/7/00 T~me 04 30 37 PM
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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
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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
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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
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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
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NEXT REQUEST CODE ACTION
Date 2/7/00 Time 04 32 17 PM