HomeMy WebLinkAboutContract 45138 C 041iry e h
SECRETARY,,
CONTRACT NOO,
Folder; 2'786-11
May 31, 2013
LI`ION WILSON
Cl`FY OF FORT WORITI
100014-1 ROCK MORTON ST
FOR'r WORTH .l'X 6 10
Leos 1.
Attached is Your original copy of our agreemerit, fully executed on ehalf'�of flic Railroad Company.
rlie Railroad C mpariy has atittiorized the irist llk tion of per optic cable facilities oil its property in
cetlaui aireps. Prior to r.r,srllg the l arlrc cad Company's propcily covered' herein, y0LJ ShOLrld thoroughly
review the terms and conditions of this docult—neat and contact the R ilr a,d COITIparry at 1-800-336-9193,
to determine if a fiber optic cable is buried (')n the sub.Ject property.
When you or your representative enter- the Railroad Cc.�rnpariy's property, a copy of th s fully-executed
r1+ucunlent tnrrlrst be a vallable at the site to be shown on request to tiny Railroad employee or official.
fil compli(imc.:e with the Internal Revenue Service's rrer�v policy regarding their I'oml 1099, tliis is to advise
you that 94-600�1323 is Uliion [It,Ici fiic Railroad ompany's correct F`e eral J'axpa.yer I'der ti ie tion
Nr.ether rrr rl we are doiiig rrsiness acs rr t-po natic IrI,
lrr advance of enteririg t1w right 01'\v('ry., yc tr sliould arr mile t o Il oti f:
Michael st utts-1' '1'T M
Union Pacific Railroad Company
5701 W Vickery Blvd
Fort Worth, TX 76,107
817.353.7 20, Cell 307.321.5939
hMati ger -Cotilracts - 1':ecal
ill 544-8549
Union Pacific Railroad Real Estate 1400 f.ougi �);treet sta f) 1690 Omaha fir abraiiska 68179-1690 (x (402 501-0340
bsu03
ROE 880702 A U
•oFm Approycd,AVP-Law
Follder No.O'2786-17
RIGHT OF ENTRY AGREEMENT
THIS AGREEMENT is inade and entered into as of February 15,2013,by and between
UNION PACIFIC RAILROAD COW'ANY, a Delaware corporation (here hiafter the "Rallroad"), and
CITY OF FORT WORTH, a 'I"exas municipal corporation, to be addressed. at 1000 T111 rock mo rton St,
Fort Worth, 'FX 76102(hereinafter the "Licensee"'),
IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS,
Article 1. DEF1Nt"rLgN qjE LICE4 NSEE,
For Purposes of this Agreement, all •efcrences in this Agreement to the Licensee sliall
include the Licensee's cono-actors,stibcontractors,officers)agents and employees,and others acting tinder
its or their atilhorlity.
Ai-ticle 2. RIGH1,!9RANTED; PURP
-ight, during, the term hereinafter stated
i I
The Railroad hereby grants to (lie Licensee the i
-tch (I 1 4
and upon and subject to e-., -nd, all or(lie terins, provisions and con(Itions herein contained, to viter
upon and have 'Ingress to mid egress from the portion of Railroad's propetty iit the vicinity of Mile Post
247.13 to 247.2 8, Dallas Subdivision, at or near Fort worth, Texas, for the purpose of access area for
Work off Licensor's property. The right heivin granted to Licensee is limited to those portions of the
Railroad's property specifically described herein 'in the locattion showii on the priat marked Exhibit Al
ctfuched hereto and hereby inade a part liereof, or designated by the Railroad Representative nanied in
ArtiC 10 14.
A01cle 3. TERMS AND CONDITION NTAINED IN XHIBITS B AND
`rhe terms and conditlolis C0111tained in E- 'obits B and C,hereto attached,are hereby
made a part of this Agreement.
Ai-ticle 4. ALL EXPENSES TO BE BORNE BY LACE E-
REPRESENTATI
'Flie Licensee shall bear any and all costs, ar di expenses associated with any Nvork
performed by the, 1-Acensice, 01•ally costs or expenses incuffed by the Rall'road, relalling to this Agreement.
ii
All Nvork performed by 1,icensee on Railroad's property shall be perforined in a rnanner satisfiactory to the
representative local Manager of Track Maintenance of the Railroad or his atithorized representative
(hereinafter the Railroad Representative):
Michael Stu is- MTM
Union Pacific Railroad Company
-5701 W Vickery Blvd
Fort Worth,TX 76107
8l 51.,70201 C-el 1307.321.5939
Foldtf Ne 02730,1:7
ROE 880702
Vomi Appfolved,AVP-I.A%v
Article 5. TERMILTE RMINA
A. Tile grant of right Herein made to Licensee shall commence on the date of this
Agreement,and continue unfli 'Deceinber 31,2013 unless sooner terminated as herein provided,or at such
time as Licensee has completed its work on Railroad's property, whichever is earlier. Licensee agrees to
110tify the Railroad Representative in writing when it has completed its work on Railroad property.
B. This Agreement inny be teas ninated by either party on ten(1 0)days mitten notice to the
Other))arty.
A Hicle 6. !CE_RT1F1CATE OFiNS"A.NCE,
A. Before commencing any work, the Licensee Will provide the Railroad Nvidi a Certificate
IssIled by ills insurance carrier providing the insurance coverage reqmred pursuant to Ex Ill C of tills
Agreement in a p ►l icy which contains the following type of endorsements,
"Union Pacific Railroad Company is nartled as additional insured with respect to all
liabilities a,rising out of Insured's, as Licensee, performance of any Nvork oil the propeily
of the Railroad."
B. Licensee %varrants, that (his Agreement has been thoroughly reviewed by its insurance
ageat(s)/broker(s)and that said agent(s)/broker(s) has been instructed to procure insurance coverage and
an endorsernent as required herein.
C. Ail insurance correspo i idle nce shall be directed to: Union Pacific Railroad Conipany,
Director (Attii.: Jon I,. Devish - Folder No.02786-17), 14001 Douglas Street STOP 1690, Omaha,
Nebraska 6817'9-16910.
Article 7. ''ROTE N OF.EI 'ER OPUC CABLE NYS
Fibler optic cable systems may be buried on Licensor's property. Protection of the fiber
optic cable systems is of extreme impoilance since any break cotild disrupt service to, visers resulting in
blusliiess intermption, and loss of revenue and, profits. Prior to beginning any work, the Licensee shall
telephone the Railroad at 1-800-3136-9193 (a 24-hour number) to determine if fiber optic cable is buried
anywhere on the property set fbilli herelin. If it is, the Licensee shall also comply with and be SUbject to
(lie provisions contained to Section 6 of E,xhibit B.
Article 8. ENF0RCEABjfA1TYL.C11!Q1C Is
EDE LAW#, CHOICE QF FORUM,
This Agreement shall be governed, construed, and enforced in accordance %vith the la%vs
of the state of Nebraska. Ultigation arising out of or cotinected NvIth this Agreement may be instituted and
i I lot)
maintained in tile courts of the state of Nebraska and Texas only,, and (lie parties consent to 'urisdicti
over their person and over the subject matter of any such I itigation, in tholse courts, and conscid to service
of process issited by such courts.
Voldcr No.02786-17
ROF,880702
Fomi Appoved.AVII-Vaiv
Adicle 9. LICENSE FE
Licensee sliall, pay, and Railroad shall accept, upon the exccuttion and return oftliis
instrumentt (lie! ii,onrefujidable sum of Six Thousand Five Hundred 'Dollars ($6,500.00) to cover
Rallivad's cost to mpare and administer this Agreement.
Flagging,charges are not'Included in the sum recited ii1i the preceding p�at-agraph,and will
be billed separately, if incurred.
IN WITNESS WHEREOF, the part e, liereto lime caused this Agreement to be execute(] as of
Ise,date First herein written.
UNION PACIFIC RAILROAD COMPANY CITY OF FORT WORTH
1 r cit 1-1 A
Fet1vra1T(-ixpqye O' . 1194-6'001323
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By# By.
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*r- ontracts
(Pursuant to ordlivince, i-esolulion, or other d'141(lowe of Proper mahomly, to execide Ihiv Histrittment, a
co)y of itihich sliiall be allmhed to the Rcillroad's orightal corwlet-pmd of 1hi.v(kcitment)
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Folder 2786-1
ROL 920316
Form Approved,AVP.I,,,,%%,v
EXHI
Section I - NOTICE OF CO CEMENT WORK—ELA91GING.
The Licensee agrees to notify the Railroad Rcpresen tats a at least Ten (10) days in advance of
Licensee commencing its work,and at least 24 hours in advance of proposed performance of any work by
the Licensee in which any person or equipment will be within 25 feet of any track,or will be near enough
to any track that any equipment extension(stich as, but riot [United to,as crane boom)will reach to within
25 feet of any track. Upon rcceipt of such notice,,the Railroad Representa t live will determine and inform
the Licensee ivhctlicr a flagnian need be present arid Nyliether the Licensee raced iii 1pleinelit aliy special
protective or safety measures. If any flagmen or other special protective or safety nivastires are
performed by the Railroad, such services will be provided at Licensee's expense with the understanding
that if the Railroad provides any nagging or other set-vices, the Licensee shall not be relieved of any of its
respoosibillities or liabilities set forth herein..
Section 2- 141 M ITATI SUBOR"I ATION OF JRtGj1TS GRA
at Tito foregoing grant of right is subject and subordinate to the Prior'and continuing right and
obligation of tlii: Ralilroad to rise aitd maint-ain its entire property including the right and pover of the
Railroad to construct, inaintaiii, repair, reiiew, use, operato, chmigo, inoidify or relocate milroad tracks,
1-oadways, signal, C01111munication, fiber optics, or other wirelines, pipelilles and Other rhoilitics upon.
41long or ricross ni)y or all'parts,of its property,all or any of which may be freely donc at any time or(fines
by the Railroad without liability to the Licensee or to any other party for compensation or damages.
b. The foregoing,grant is also subject to all outstanding superior rights,(including those in favor
of licensees and lessees,of the Railroad's property,and others)and the right of(he Railroad to renew and
extend the same,and is made without covenant of title or for quiet enjoyment.
Section 3- NO INTERF'E ENCE WITH 11AILROAD'S OPERATIQ
No work performied by I icensee shall catiseany interference will'�i the constant, continuous and
uninterrupted tise of the tracks, property and facilities of the Railroad, its lessees, licensees or others,
unless specifically permitted under this.Agreenient, or spixifically authorized in advance by the Railroad
Representative. Nothing shall be done or suffered to be done by the Licensee icensee at any time that would in
(it I n y manner inipair the safety thereof. When not in use, Licensee's machinery and materials shall be kept
at least 50 feet froni the centerline of Railroad's nearest track, aiid there shall be no cro:;sings of
Radroad's tracks except at existing open public,crossings.
Section 4 Puf Rerrs,
Prior to beginning any work, the Licensee, at its sole expense, shcall obtain all necessary perinits
to perforin any work contemplated by 11ils Agreement.
Section 5- M11,1CH"IC'S L
Tae Licensee shall pay in Full all persons who perforin labor or provide materials for the work to,
be 13C,rfornied by Licensee. The Licensee shall not create, permit or suffer any mechanic's or
triaterialmeWs liens of any kind or iiature to be enforced against any property of the Railix-M,d for any such
ROE 920316
Pona ApprovcA,AVP.LaAv
-oiii and against any and
work Performed. The Licensee shall indemnify and hold harmless the Railrolad fi
all liens,clainis,demands, costs or expenses of whatsoever nature In (lily way connected with or growing
out of such work done, labor perfornied,or inaterlials,furnished.
Section 6- r(tB]KR 01
--T1!Q CABLE,SYSTEM§
In addition to other indemnity provisl'ons in this Agreement, the Licensee shall indemnify and
hold tlic Railroad harmless froin and against all costs, lilabillty and expense whatsoever (includlingo
Nvithout linfitation, atton,ieys' fees,, couit costs and expenses) arising otit of(any act or oinission of the
Licensee, its contractor, agents and/or employees, that causes or contributes, to (1) any darnage to or
destruction of any telecoinintinications systein on Railroad's property, and (2) any injury to or death of
any person employed by or on behalf of any telecommunications company, and/or 'its contractor,, agents
and/or employees, on Raili-oad's property. Licellsee shall not have or seek •ecotirse against Railroad for
any claim or cause of''action for al:leged loss of profits or reventie or loss of service or other consequential
(larnage to a telecommunication company us ling Railroad's property or,a, customer or user of services of
the fiber optic cable are Rall!road's property.
i I
Secti,oin 7- COMPLIANC E H LA)LV&
[n the prosecution of (lie work covered by this Agreenient, the Lip erlsee shiall comply wifli 4111
aipiplicable federal, state and local laws, regulations and enactments affecting the work. The Licensee
shall use only such methods as are consistent with safety, both as concerns the Licensee, the Licensce"3
agents and employees, (lie officers, agents,, employees and property of the Railroad and the public ill
general. The Licensee(Without limiting the gellerall'ty of the foregoing)shall comply with all appli4cable
state rand federal occupational safety and health acts and regulations, All Federal Railroad Admin istrat'1011
regulations shall be followed when work is performed on the Railroad's property. If any failure by the
Licensee to comply with any such laws,regulations,aril eiiactinents, shall result thi any fine,penalty,cost
or charge being assessed, imposed or charged against the Railroad, the Licensee shall relinburse and
iiideninify the Railroad for any such fine, penalty, cost or charge, Including without Iiiinitation attorneys'
fees, court costs and expenses. The Licensee fury-ther agrees in the event of anY stich action, upoll notice
thereof being provided by the Railroad, ito defend such actioij free of cost, charge, or expense to the
Railroad.
Section 8- SAFETY INs,"r,RU:CTIONS,.
Satety of personnel, property, rail operations and the public is of'parainount importance in the
prosecution of (lie work purstiant to this Agreement. As reinforcement and in furtherance of overall
safety measures to be observed by the Licensee (and not by way of limitation), the following Special
safety rules shall be fol'lowed:
v.
a. The L icensee shall keep (lie job site free froni, safety and health hazards and ensure that its
employees are conipetent and adequately trained in (all,safety and health aspects of the 'ob. T lie Licensee
J
shall have proper first aid supplies available on the job site so that prompt first aid services care be
provided to any person that may be injured oil the job site. The I icenisec shall promptly notify the
Railroad of any U.S. Occupational Safety and Health Administration repormble injuries mcurring to any
person that may arise during the work perforined on dire join site. The Licensee 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 trot use, be mider the influence of, or have in their possession ally alcoholic t verage or
illegally obtained drug, narcotic or other substance that may inhibit the safe performance of work by an
employee.
0
U,x I I i b it 1.4
ROE 921D316
Form Approved,AW-UnNA,
b,. 'The einpioyees of the Licensee shall be stiltably dressed to perform their duties safely nod In
a inanner that will not interfere with their vision, hearing or free arse of their Winds or feet, Only wa,l,st
length shirts with sleeves and frousers, Ilia(cover the entire leg are to be%vom. If flare-legged trousers are
wort), the trouser bottoms intist be tied to prevent catching. 'The employees should Nvear sturdy and
protective footwear. Employees shall not wear boots(other than, work boosts), sandals,canvas-type shoes
or other shoes that have thiii soles, or heels, dint are higher Ilion normal. In addition, the Licensee shall
require its employees to wear personal' protective equipment as specirted by Railroad rules, regula(lolls or
RailrotW officialls,overlooking the Nvork, at the job site. In particular, the protective equipment to be warn
shall be
(i) Protective head gear that ineets American 'National Standard-Z89.I-lates,t revision. It
IS suggested that all hardliats be affixed wifli Licensee's or subcontractor's company logo or
tinine.
(2) Eye protection that meets American National Standard for occupational and
educational eye and face protection, Z87.1-latest revision. Additional eye protection must be
p ided to meet specificjob sittiations such:as Nvelding,grinding, burning,etc.- and
rovi I
(3) Hearing protection which of citough attenuation to gi,VC protection from noise
levels that will be occurring on the job site.
c. Alll heavy equipment provided or leased by the Licensee shall be equipped with audible back-
up: warning devices, If ire the opinion of the flailiond Representative any of"Licensee's or any of its
subcontractors' eqtdpment is unsafe for arse on the Railroad's right-of-way, the Licensee, at the mquest of
file Railroad Representative,shall miliove such,equipment from the Railroad's right-of-way.
Section 9- INDES N1117Y.
a., As used iin, this, Section, "Railroad" includes other railroad c ►MpallICS US[Ilg (lie Rallroad's
property at or near the location of the Licciisce's installation and their officers, agents, and employees;
"Loss" includes, loss, damage,, claims, demands, actions, catise,s of action,, penalties, costs, and expenses
of whatsoever nattire, including court costs and attorneys' fees, which may result from (1) in,ury to or
death of persons whomsoever (Including (lie Railroad's ofiricers, agents, and employees, the Liceilsee's,
officers,, agents,and eml)loyees, as Novell as any other person and (10 daii)agc to or loss or destruction of
property whatsoever(Including Licensee's prop'erty, damage to the roadbed, tracks, equipment, or other
property of the Railroad.,or property in its care or custody).
b. Asa mitior inducement and in consideration of the license and permission herein granted,the
Licensee agrees to the extent permitted by law to indemnify and hold harmless the Railroad from any
Loss which is due to or arises from any cause and i's associated in, Whole or, iti part with the work
perfori iied Milder this Agreement,a breach of the Agrcement or the falilure to observe the health and safety
provisions heivin,, or any activity or oinjission arisilig out of performance or nonperformance of this,
Agivement; regardless of nether caused solely or colltributed to 'M pail by the negligence or fault of the
Ra 111 ro a d.
c. Arty liability of either party heremider to one of its eniployces tinder any Workers'
Compensation Act or the Federal Employers' Liability Act shall mot be que-stioned or in an Nvay
challenged by the oilier party, nor sliall any jury or court findings, resulting, from any employee's stilt
against either par-t ► pursuant to any such Act(s), be relied tipoii or used by either party in any attempt to
�issert common law liability Cagainst (lie other.
Fxhihif B
ROF,9203161
Fonn Approved,AVP-La%v
Section 101_ REEORATION OF F TV',
lit 1he event the Railroad authorizes the Licensee to take down any fence of the Railroad or in any
inanner move or disturb any of the other property of the Railroad in connection with the work to be
perfornied by Licensee, then in that event the Licensee shall, as soon as possible and at Licensee's sole
expense, restore such fence and other property to the snore condition as the saine were in before such
fence was taken down or such other property was moved or disturbed, and the Licensee shall indemnify
and bold harmless the Railroad, its officers, agen(s.and employees, against and froin any and all liability,
Doss, damages, claillins,, demands, costs, and expenses of'whatsoever nature, arising from the taking,down
of Fence or the moving or disturbance of any odder prol)erty of the Railroad.
Section I I - WAIVER QF BREACH.
The waiver by the Railroad of the breach of any condition, coveitant or agreement herein
contained to be kept, observed and performed by the Licensee shall in no way impair the right of the
Railroad to avail itself of any •einedy for any subsequent breach thereof.
Section 12- MSIGNMENT—SUBCONTRACTING.
The Licensee shall, not assign, s,tibllet or subcontract this Agreement, or any interest therein,
Without the written consent of the Railroad and any a"empt to,so assign,sublet or subcuntrad without the
written emsent of the Railroad shall bo void. If the Railroad gives the Licensee permission to subcontract
all or any portion of the Nvork lierein described, (lie Licensee is and shall rojimill responsible for all work
of subcontractors and all work of subcontractors shall be governed by the terms of this Agreement.
Exhibit H
Rcv 090506 K.N11191T C
U111on Pacific Railmad
Contract fusurance Requii-ements
Right of Entry Agreement
1,icensee shall, at its sole cost and expense, procure and maintain during the life of this Agreement
(except as otherwise provided in this Agreemeitt)(lie following insurance coverage:
A4 'eta mei-clal.,G�-glieral I ilfia insurance. Commercial general liability (CG L) with a limit of
not less than $5,000,000 each occurrence aind an aggregate limit of not less than $10,000,000. CGI,
insurance must be written on ISO occurrence form CG 00 01 12 04 (or a substitute form providing,
equivalent coverage).
*Fhe policy must also contain (lie Following endorsement, whiel'i must be stated on the certificate of
insurance.-
Contractual Liability Railroads ISO form CG 24 17 10 01 (or a substitute form providing equivalent
colverage)showing"Union Pacific Railroad Company Proper "as the Designated Job Site.
H. Buslum Automobile Cnerpy, , 111131111alice. Business auto coverage written on 180 form CA 00
0
►1 (or a substiltute forin providing equivallent liability coverage) with a combiried single limit of not less
$2,0010,,0010 for enell accident.
T 4 10
he policy must contain the followitig endorsements,which niust be stated on 1hie certiflicate of insuranco:
Coverage For Certain Operations In Connection With Railroads ISO form CA 20 70 10 01 (or a substitute
forin providing equivalent coverage)showing"Umilon Pacific Property"as the Designated Job Site,
Motor Carrier Act Endorsement- Hazardotis materials clean, tip(MCS-901) if required by 1mv.
villa insuranice. Cover age ITILISt incitide but not be
C* Wo,dism Coll,vusaflou antl Einvloyers,Ll!j,bji
limited to.-
Licensee's, statutory liability under the workers' compensation laws of the state(s), affected by this
Agreenient.
41
Employers' Liability(Part B)with finflits,of at lleast$500,000 each accident, $500,000 disease policy limit
$500,000 each employee.
If Licensce is self-hisured,evidence of state approval and excess workers compensation coverage must be
i I I d I la,rbor Workers'
provided. Coverage must include liability arising out of the U. S. Lungshoremen's aill
Act',the Jones Act, and the Outer Continental S,helf Land Act, il'applicable.
Do aaltroa,d Fratectlyg kWbll1jy insurance. Licensee must maintain Railroad Protective Liability
insurance written on US01 mcimence form CG 00 35 12 04 (or a substitute form providing equivalent
coverage) oit b4clialf of Railroad as nanied insured,with a limit of not less than$,2,0100,,000 per occurrence
,and an as of S6,000,000, A binder stating the policy is in place must be submitted to Railroad
before the work inay be commenced and mitil the original policy is for-warded to Railroad.
L Unibrella or msurance. If Licensee titiliz,es umbrella or excess policies,, these policies
niust"follow forin"and afford no less coverage than the primary policy.
Fl. Pollution Li insurance, Pollution Liability coverage inust be included Mien the scope of
the work as, defined in, the Agreement Hicitides installation, temporary storage, or disposal of any
,
"hazardous"material that is injuriou ire n or upon land, the atinosphere,,or any watercourses,or niny cause
bodily injury at any firne.
Pollution liability coverage must be mitten on IS form Pollution Liability Coverage Form Designated
Sites CG 00 319 12 04 (or a substitute forin,providing equivalent liability coverage), with limits of at least
$5,0001,000 per occurrence and an aggregate filinit of V 0,000,000.
If the scope of work as defined in this Agreennent includes the disposal of any hazardous oi• non-
liazardous mater'als froin the job site, Licensee inust furnish to Railroad evidence of pollution legal
liability insurance maintained by the disposal site operator for losses arising from the insured facility
accepting the malcrials, with coverage 1n, inimimum an onno of $1,000,000, per loss, and an annual
aggregate of$2,000,000.
jLther Regulr!Lme"t
G. All pc ficy(ies) required above (except worker's, compensation and employers finbillity) must
include Railroad as,"Additional Insured"using 180 Additional Insured Endorsements CO 20 26, and CA
20 48 (or substitute Fornis, providing equivalent coverage). The coverage provided to Railroad as
additional linsured shall, to the extent pvovidcd Linder (SO Additional, Insured Endorsement CG 20 26,
and CA 20 48 provide coverage for Railroad's negligC11ce.whether sole or pail ial, active or passive, and
sliall not be limited by Licensec's liability under the indemnity provisions of this Agreement.
If. Punitive daniages exclusion,, if any,must be deleted(and the deletion indicated on the certificate
of insurance),unless(a) insurance coverage may not lawfully be obtained for any punitive daniages that
inay arise tinder this agreenient,or(b)all punitive dainages ore prolijbilted by all states in which this
agreenient Avill be perfornied..
11 Licensee waives, all rights against Railroad and its agents, officers, directors and einployees for
recovery of damages to (lie extent these damages at�e covered by the workcrs compensation and
employers I iability or commercial umbrella or excess liability in obtaincd by Licensee required by
th is agreement.
J, Prior to coin niencing,the %york, Licensee shall rurnish Ra,ilroaid with a certificate(s) of 111isill'all
I -once
executed by a duly atithorized representative of each insurer, showilig col"pliance with the insin
requirements in this Agreement.
K. All insurance policies must be written by a reptitable insuraticc company acceptable' to 1,nflroad
or Nvilh, a current Best's Insurance Guide Rating of A- tand Ch,"Iss VII or better, and atithorized to do
business in the state(s) in,Nvhlch the work 13 to be perforined.
L. The fact that insurance is obtained by Licensee or by Railroad on behalf of Licensee Nvill not be
deeined to release or ditninish the liability of Licensee, including, %vithout 11mitation, liability tinder the
indemnity provisions of this Agreement. Damages recover able b llroad from I_,tcensee or any third
party will not be limited by the ainiount of the tv(piii-eti instirance coverage.
If
A.0
IA
yyY
li
CND" COR'S ENDORSEMENT
Folder No.02786-17
A. As a condition to entering upon Licensor's, riglit-of-way to perflorm, Nvork pursuant to this
Agreement,Licensee's contractor(Fill In);
1CCLENDON CONS T, CO., ING
P.O. BOX 996
8URLESON, TEXAS X6067
(hereinafter"Contractor")agrees, to comply with all the terms and provisions of this Agreement relatiilg
to the wim•k to be performed and ffie insurance requirements set foilli In Exhibit C.
B. Before the Contractor commences any Nwork, the Contractot, Nvill pay (lie Licensor a
nonrefundable payment of$500 upon execution and return of this Contractor's Endorsement, and Nvill
provide the Licensor with a certificate isstied by its insurance carrier providing the insurance coverage
required pursuant to Exliibit C In a piolicy NvIddi contains tile,following type endorsement.-
UNION PACIFIC RAILROAD COMPANY is immed as mi additional hisured
with respect to,all liabilities artsing out of Insured's performance of work on behalf oftlic
Licensee.
All insurance coriv-spondence sliall I)e directed to Jon E. Devish - Folder No. 02786-17, Union Pacific
Railroad Compaiiy, 1400 Douglas Street STOP 1690,Omaha,Nebraska 68179-1690.
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(P1e"j"Sxh*t-Qwtj-actor's Name above)
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