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09-069.00 Union Pacific Railroad e L t --i AUDIT 251297 WiPel113~ CmSS1ng 080908 F01'iii AppfpYedF AVP-1.AIY Foldei` No. 02522-54 ~~~~~~NG A~'xREEMENT TV1ile Post: 5,95, 5pokane SubdivisionlBranch Locatian. Spokan~spa~cane ~ounty, ~ngton ~~..a..1`~ ~ ~~I~ A~~~E~NI~~iT ~`~A re~ntent'#~ is made and entered inta as of MaY ~}4, 2009, (;`Effecti~ve gDate") by and beiween UNION PACIF'IC RAIELRUAD COMPA1wTY, a Delaware cvrporatian, ( "Licensor") and CITY OF SPO , aWashington municipal corporation to be addressed at 11707 E Sprague, Suite 304, Spok=Valley, ash ington 34%icensee"). VALLeY ~ IT IS MLTTi1ALLY AGREED BY AND ~ETWEEN THE PARTIES kIERET'U AS FOLLOWS: Ai-ticle 1. Lr~ENSar~ GRANrs RIGHT. Tn consideratian of tiie licetise fee to be paid by the Licensee and in fur#lzer cansideration of the covenattts artid agreernents heivin coiitained #n be by the Licensee kept, obscived and performed, the Licensor hereby~ grants to t~e Licensee 'the right ta construct atXd thereafter, dui-ing the term hereof, to maintain and operate one fiber opti~ iviteliiie ~ yv xoo$ ~ across Licensvr's #fack(s) a~~d praperty (the "WICBl111e") in fihe laeation s17own and 'm formity witIi the din~ensians and specif ca#ians indicatec~ on the attached print dated 5eptem6er 12, x~narked Exhibit "A" attached bet-eto atYd hereby made a part hereof. U1~~er no circutnstances shall Lieensee modify t[ie use of #he Wireline fvr a purpose otlier than for the purpase set fardi in this Azticle 1, snd the Wireline shall not bo used for atiy ather use, Nvhether such use is cut-rently #eclvi ologically passible, ar whether such use may come into existence during #he ,life a~this Agreement. Article 2, ]LICEN5E FEE. UpDI'1 eXeGLItfOil of thls Agl'ee77]e?'!t, the Licensee shall pay to the Licensor a one-titne Licettse Fee vf'rwo 7'housand ThreeHundred Farty DQ11ars ($2,340.00). Ar#icle 3. CONS7'RUCTION, MAINTEIYANCE A1YD OFE RATION, The grant of right hemin made to ttle Liceiisee is subject to each and all of the terms, pravisions, cnnditivns, limitatians and Qovenan#s set forth herein and in Exhibit B, attached hereto and hereby made a pait hereof. ~ - ~ e Article 4. DEFINITION OF LICENSEE. For purposes of this Agreement, all references in this Agreement to the Licensee shall include the Licensee's contractors, SUbC0ilt1•actors, officers, agents and employees, and others acting under its or their authority. If a contractoi• is hii-ed by the I.icensee foi• any work performed on the Wireline (ijicluding initial construction and subsequent relocation or roaintenance and repair work), thcn the Licensee shall provide a copy of this Agreement to its contractor and require its contractor to comply with ali the terms and provisions hereof relating to the work to be performed. Any contcactor or subcontractor sliall be deemed aii agent of Licensee foi• the purpose of this Agreement, and Licensee shall reQuire such contractor or subcontractor to tvlease, defend and indemnify Licensor to the same extent and under the same terms aiid couditions as Licensee is reauired to release, defend and indemnify Licensor herein. Article 5. INSXTRANCE. A. Before commencement of the term of this Agi•eement and prior to anv Wireline construction, the Licensee or Licensee's contc•actor slial[ oUtain the required Railroad Protective Liabilitv insurance at its sole expense, as specified in Section E on Exhibit C attached hereto and hereby made a part hereof. The Licensee, at its sole expense, shall also provide to the Licensor the iiisurance binders, cectificates and endorsements described in Exbibit C, and aiso require that its contractor or subcontractor rnaiiltain tlie insurance coverages as set forth in Exhibit C, naming Licensor as an additional insured. B. Not more frequentiy than once every two years, Licensoi• may reasonably modify the requiivd insurance coverage to reflect tlien-cui•rent risk management practices in the railroad industry and undei•writing practices in the insurance industiy. C. All insurance coi-respondence, bindees, certificates and endoi•sements shall be directed to: Union Pacific Railroad Company Real Estate Department Folder No. 02522-54 1400 Douglas Street STOP 1690 Omaha, NE 68179-1690 D. Failure to provide evidence as required by this section shall ejititle, but not reyuu•e, Licensor to terminate this License unmediately. Acceptauce of a certificate that does not comply with this Article shall not operate as a waiver of Licensee's obligations hereunder. E. If the Licensee is a public entity subject to any applicabie statutoiy tort laws, the limits of insurance described in Exhibit C shall be the limits the Licensee then has in effect oi• whicli is i•equired by applicable current or subsequent law, whichever is greater, a poc-tion of whic}i may be self-insured with the consent and approval of Licensor, F. The fact that ifisurance (including without limitation, self-insurance) is obtained by Licensee or its contractor/subcontractor shall not be deemed to release or diminish the liability of Licensee including, without limitation, liability under the indemnity provisions of this License. Darnages recoverable by Licensor shall not be limited by the amount of the required insurance coverage. Articie 6. TERIVI. This Agreement shall take effect as of the Effective Date first herein written and shall continue in full force and effect until terminated as herein provided. ! 1 Arttcle 7. INTERIM GUIDELINES FOR HORIZONTAL DIRECTIONAL DRILLING (HDD) UNDER UNION PACIFIC RAILROAD RIGNT-OF-WAY Preface: The American Railway Engineering and Main#enance-of-iNay Association (AREMA) has assigned a working committee to develop a recommended railroad industry practice for horizontal directional driliing (HDD) under railroad rights-of-way. These interim guidelines are issued by the Union Pacific Railroad (UPRR) pending completion of the AREMA recommended practice, at which time UPRR will review and determine whether to adopt it. Scope: All pipelines proposed for instalfa#ion under UPRR right-of-way and trackage using HDD. Fiber optics installation under the jurisdiction of the UPRR information Technologies (IT) Department with 10 inch or smaller diameter casing pipe shall #oilow the guidelines outlined in the current version of the "Fiber Optic Engineering, Construction and Maintenance" Standard Manual. 1. For all liquid or gas pipelines, only stee) pipe may be installed under tracks or UPRR right-of-way utilizing HDD. The pipe may be used as a carrier pipe or a casing pipe. Plastic carrier pipe, if used, must be installed in a steel casing. 2. For fiber optics (not under the jurisdiction of UPRR IT Department) or electrical installations, plastic (PVC or HDPE) pipe may be used as a conduit. 3. For all liquid or gas installations or for nominal pipe sizes exceeding 6 in., minimum cover (measured from base of rail to top of pipe) shall be 25 ft, regardless of product. For fiber optics or electrical installations, with casing/conduit nomina) size of 6 in. or less, minimum cover shall be 15 ft. Applicant submittal shall include actuaf planned depth of pipe under each railroad track. 4. Applicant must provide pipe specifications. Pipe must satisfy AREMA recommendations and all applicable government and industry regulations. S. Applicant must provide 9ualifications of driliing contractor including specific instances of previous successfiil experience in drilling under sensitive surface facilities. 6. Prior to commencement of drilling: A. The contractor must submit an ListaUation Plan that describes the anticipated rig capacity, #he proposed equipment and the metliod for advancing the borehole ttu-ough eapected soil conditions, angles, depth and exact location of the exit ditch, the pilot hole diameter, the proposed reaming plan, including the number and diameter of pre-reams/back-reams and diameter ofthe filial reamed borehole, and the coiitingency equipmeilt aild plans for dealing with soil conditions that a soil engineer could reasonabiy expect to be encountered at the proposed HDU installation site. The hlstallation Plan will also address the anticipated hours of operation during the HDD borehole drilling and installation process, the minimum nucnber of personnel, and their responsibilities on-duty and on-site during all HDD drillijig operations. B. The contractor must provide a detailed Fracture Mitigation (frac-out) Plan including method of monitorliig and capturing the return of drilling fluids with particular attention to prevention of inadvertent escape of drilling fluids where they could undeitinine the Railroad tracks. , . . . - C. Establisli a Survey Grid Line acid provide a program of monitoring and documenting the actual location of the borehole during drilling operations. 7. A rail;•oad observet- and an applicant icispector are required to monitor the ground, ballast, and track for movement dtiring thc drilling, i-eamiug, and pullback processes. Allwork within the Railroad right-of-Nvay must be coordinated widi the Railroad flagger, The installation process and all tt'alll movement must be irntnediately stopped if movement is detected. The damaged area inust be immediately reported to the Railroad and immediateIy repau•ed subject to Railroad review and approval. The installation process must be reviewed aud modified as required befol•e the installation may proceed. Applicant must pay Railroad's expenses for review, observation of installation, and flagging. 8. Upon completion of the HDD instaUation work, the contractor shall provide an accurate as-buiit drawing of the uistalled HDD segment. As-built drawings will include both horizontal and profile pians. Union Pacific Railroad Office of AVP Engineering Design 26 July 2006 IN WITNESS WHEREOF, tlie patties hereto have caused this Agreeinent to be executed as of the date fiist herein written, 1'~ UNION PACIFIC R.AILROAD COMPANY CITY OF SPOKANE eff-Y- \JALI,tY \ • By: B~~ )Zanager~-SContracts Name Pr' ted• Title: ~iV1, ~n! G~, t e✓ ~ ► ~ - 4 . ~.B'• o Y ~ i PLACE ARROW INDICAI'ING hIORTH U1V DER'lBRO'U 1V D 1'Y IR~'sLlNE CROSSI1V G 1 DIRECTION RELATIVE TO CROSSING I 750 VOLTS OR LESS FURM, DP,-0404-F NGTE: ALL AVA t LABLE O l!GEIvS I ONS r!UST BE REV 10-26-2007 ~ t FII.I.EQ IV 1'0 PROCESS THIS APNL[Ci+T.Uf:. v,rwvI.uprr.cam I NO SCAL..E ~ ( pR !EGl,L SURVF-Y LSNE, NNERF APFLlCADZC) f L livE SECT[ON , TOhSNSHIP , RANGF , IAERIOIAN 2 ~ } _ ~ Q Nr~•5 n~rr ~ 4 + E ~ FT. FT. . 20 FT. L~- 30 FT. . ( S£E NOTE 4 B 6) (SEE F,OtE 4 8 6) ~ n v ~ 3o FT. ~ $ae cc (CtiLIE 0F f.RO551ttC) a~ {O t It-ARCST R.P. TC-ftli MA Itt fRACK ~ l h£SRE~I R. k. 1St5'~;P r /RA'S i S!! Atuched 1 2 (OESCRIBE FIXED 03JEGT) (DCSCRBE F(Y.EO C3JECT) ( SEE kOTE 6) SEE IiOT£ 6) F,. (G)STtt<(E SLCt ~ 1RaLR fRGt1F ErTiGt! tN:E C"OSSIf~L} L8t.47.675827063428 (IjDTE: TMtS UIu.E.310►1 F~EOUIHE6 fN ALl CASES. LOil.•117.2398281497 At LGCqT1{~.15 ~iDT USIt:, SEGTIGt95, OISTIII!{E ReK lo a l[COL SURVEY LlhE IS RCOUIRfO) . ~ . , - ~o ; - 'j F r. ~ F r. F r. N ~ 01$T 1 SURfA~ ~ j ~ (5LC t:OTE 2) I I I , • * ~ SUBGRADE I R'~BE~ ~ i ~ F3. ~ I I ~ 4 (Q.5 Fi 1.flf1.) i ~ 5 fT. (s Fr. iau1, fpR f18ER OPTICS) FT. ~ rA-N 3 FT. VI:1.) O i i (5 Ft, 4itit. F}3 f18ER OPT1r5) I 15 fl. ttla3 FG4 fIBER DPTlCS) 8 ~ A(REIINE rCA51NC PIQE QSEE kQfE 3 8 5) r + S•30 Fr. N-30 Fr. ~ 75 FT. I FORNULA Tp F IGURE CAS I ~:C LENCTH WITH ANGLE OF (SEE ~drE ~ CROSSItlC OTNER THAN 909 S FT. hOTES : (Ca5lta) LE?41H WHEN ►Za5LL4F0 AtCtJG PIPEl1uE.J \TRACA I 1 All HWi I ZONTAL D l S7ANCE5 TO BE MEASUREO AT R IGHT ANGI ES FR041 rF. OF TRACK, EXCEPT AS 1~30TED. 8 21 CASING A►UST EXTEND A MINtb4itl OF JO' OUT FR6M r! OF TRACK, MEASURED AT RIGHT AhGLES. ~ 3) CASING N.ATERlAL : STEEL, RlCIO METALLIC COTt0U1T iN0 PVC). !11tI,O1S1. A) M(NINUM OF 50' FROA1 THE EfYO Of AkT RAILROAU BRIDGE, ~ OF ANY CULVERT, Oii FROkS ANY SW1TCH1uG AREA. IND1E 21 i 5) SIGNAL REPRESENTATIVE N.U57 8E PRESEN7 UUR(P!G tNSTALLATION IF RAlLROA0 StCNALS ARE IN THE VICIkITY OF CROSSING. ° 61 ALLOWABIE FfXED 08JECT5 IkCWDE: BACKMlALLS OF BRIOGfS; q. OF ROAD CR0551NC5 8 OVERHEAD VIAQUCTS (G(VE ROAO NANE), OR Q OF CULVERTS. ~ 73 CASING AND CARRIER PtPE NuST BE PLACED A MINIANM OF 2 FEET BEIOW THE EX(STING FIDER OPTIC CABLE. AMY EXCAVATION REOUlREO WITHIN ~ 5 FEET OF TNE EX(STINC FIBER OPiIC CABLE MUSi BE HAkO DUC. ~ ~ ~ ~EXHIBI'` ,~A,~ I A} [5 Yl l REI. t ME CRO551 NG Yi' I TH I~1 DED I CATED 5 TREE17 YES, ' Np, ' ,r(A pAWIDAo ass cIiN - M mW .id Oc I•s »rs e„) ; B) l F YES, NAME OF STREETPINES AVE. ; CI TYPF W(REUkE CROSS[NG: r TELEPHONE; TELEYISION; 6- FlBER OPTIC; UP! I ON PAC I F I C RA I LROAD C0. i OTIiFR; S ~ ~ ~Cqti1 G ; D) VOITAGE TO BE CARRlED UNDER TRACK a NO. OF YJIRES ~ E) CASiNG TYPE TO BE INSTALLEDRIGIDMETALLiCtONDUIT ~ ' F) ME7H4D OF I NSTALL I NG CAS i NG P[ F'E UNDER TRACK(5}: M. P. g~9 S E. S. QRY BORE AND JACK (WET BORE NOT PERfA1TTED); UNDERGROUND W t REL [ NE CROSS ING I ~ 1'UNNEI; OTHER Oirettional Bore SPOKANE 9 oklw~c I~VA ~ C1 D[STANCE FROA~ CENTER LINE OF TRACK TO NEAR FACE OF 60RING AND ~1 ; JACK(tdC P(TS YIHEId P,~EASUREO At RfCHT AhlGLES TO TRACK 30 ~~•itOeSf WSIATIC~a c~:ti9r, ' 13J' 1.!11lI " t•` FOR~~ ~r __4 H1 D[STANCE TO NEAREST ROAD CROSSING W(TH SIGNAL LICHTS OR GATES IMN 1C1%ij ( f f LE55 THAN ONE MILE) RR F I LE NOo 0252254 lZ~d4 OATE R!) APPLICANT HAS CONTACTEd I-800-336-9193, • w A R N tN G U. P. C01%&,UN ( CAT I ON DEPARTMENT, APED HAS OETERM I NED f[ BER : OPT f C CABLE DOES; -f*L.- DOES NOT; EX I5T I N V i C I NTY 0F tK Au occASiaNS, U. P. co+MktcariaNs YrORK TO BE PERFQRMED. TICKET N0. 20080828015 oEPnanMFxr wsr eE courAcrEO IN 4DVANCE ' Of ANY 1SflRx TO 0£fER1A1liF EXISTENCE Ah0 LOCATlON Of ffBER OPT(C CABLE. PMONE : I-600-i36-9193 Form Appraved, AVP-Law Updated 063008 EXHIBIT B Section 1. LIlViITATION AND SUBURI)INATION OF RIGHTS GRANTED. A. The foregoing grant of right is subject and suboi•dinate to the pi•iot• and continuing rigllt and obligation of tlie Licensoi• to use and maiiitain its entire property including the right and power of the Licensor to construct, maintain, repaii•, renew, use, operate, change, modify or 3•elocate railroad tracks, signal, conununication, fiber optics, or otliei• wirelines, pipelines and other facilities upon, along or across mly or all parts of its property, all or any of tivhich may be freely done at any time or times by the Licensor without liability to the Licensee or to aiiy other party for cornpensation or damages. B. The foregoing gi•aiit is also subject to all outstandiug superior riglits (uiciuding those in favor of licensees and lessees of the Licensoi-'s property, and others) and the right of the Licevsoi• to reiiew and extend the same, and is made without covenant of title or for quiet enjoyment. Section 2. CONSTRUCTION,IVYAYNTENANCE AND OPERATION. A. The Wireline shall be designed, constructed, operated, maintained, repaired, renewed, modified and/or reconstructed by the Licensee in strict conformity with (i) Licensoi•'s cUn•elit standards and specifications ("UP Specifications"), except for vai•iances approved in advance in writiiig by the Licensor's Assistant Vice President Engineering - Desigll, or his authoi•ized representative; (ii) such otlier additional safety standards as the Licensor, in its sole discretion, elects to i•equll•e, including, withotit limitation, American Railway Engineering aiid Maintenance-of Way Association ("AREMA") standards and guidelines (collectively, "UP Additional Requirements"), and (iii) all applicable laws, rules and regulations ("Laws"). If there is any conflict betNveen the requirements of any Law and the UP Specifications or the UP Additional Requirements, the most restrictive will apply. B. All woi•k pet•foc•med on pi•operty of the Licensoc• in coruiection tivith the constructioil, maintenance, repaii•, renewal, modification or reconstruction of the Wireliiie sliall be docie to the satisfaction of the Liceiisor. C. If the Wireline is aci existing one not conformiiig in its coristruction to the above provisions of this Section 2, the Licensee shall, within ninety (90) days after die date hereof, reconstruct it so as to conform thec•ewith. D. The Wu•eline sllail be designed, consh-ucted, maintained atid operated by the Licensee in sucli manner as not to be or constitute a hazai•d to aviation. With tvspect to the Wireline the Licensee, without expense to the Licensor, will comply with all requirements of law and of public authority, whether federal, state or local, including but not limited to aviation authorities. E. In the operation of the Wireline, the Liceilsee shall not transmit electric current at a difference of potential in excess of the voltage hidicated on Exhibit A. If the voltage indicated is in excess of seven hundred fifty (750) volfs, and the Wireline is, or is to be, buried at any Location on die property of the Licensor outside track ballast sections or roadbed, the Licensee shall install metallic conduit, or non-metallic conduit encased in a minimum of three (3) inclies of concrete with a minimum of four (4) feet of ground cover the entire length of tlie Wireline on the property of the Licensor. A Wireline buried by removal of the soil shall have, at a depth of one (1) foot beneath the surface of the ground directly above the Wueline, a six (6) inch wide warning tape bearing the warning, "Danger-High Voltage", or equivalent wording. A Wiretine encased in conduit, jacked or bored under the properiy of the Licensor, must be identified by placing warning signs, to be installed and properly mauitained at the expense of the Licensee, at each edge of the Licensor's property. The Licensee shall not iitilize the signs in lieu of the warning tape wliere portions of the casing are installed by direct buc•ial. F. Prior to the commencement of any work iti connection Nvith the construction, maintenance, repair, reneNval, modification, relocation, reconstruction oc• removal of the Wireline, tlie Licensee shall submit to the Licensor plans setting out ihe method and manner of handling the work, including the shoring and cribbing, if any, required to protect the Licensor's operations, and shall not proceed with the work until such plans have been approved by the Licensor's Assistaiit Vice President Engineering Design, or his authorized repi•esentative, and theli the work shall be doiie to the satisfaction of the Licensor's Assistant Vice President Enguieering Desigu or his authorized representative. The Licensor shall have the right, if it so elects, to provide such support as it inay deem necessary for the safety of its track or tracks duruig the tiine of construction, maintenance, repair, renetival, modification, relocation, reconstruction or removal of the Wireline, and, in the event the Licensoi• provides sucli support, the Licensee shall pay to the Licensor, within fifteen (15) days aftet• bills shall bave been rendered therefore, all expenses incurred by the Licensor ui connection ttierewith, which expenses shall biclude all assignable costs. G. The Licensee shall keep and maintain the soil over the Wireline thoroughty compacted and the grade even with the adjacent surface of the ground. H. Iti the prosecution of any work covered by this Agc•eement, Licensee shaU secure any and all necessary pecmits and stiall cornply with atl applicable federal, state and local laNvs, regulations and ectachnents affecting tiie work including, rvitliout limitation, all applicable Federal Railroad Adrninistration regulations. Section 3. NOTICE OF COMMENCEMENT OF WORK / LICENSUR REPRESEIVTATNE / SUPERVISION / FLAGGING / SAFETY. A. lf an emergency should ai•ise requiring hnmediate attention, the Licensee shall provide as much notice as practicable to Licensor before commencing any work. In all other situations, the Licensee shall notify the Licensor at least ten (10) days (or such other time as the Licensor may allow) in advance of the commencement of any work upon property of the Licensor in connection with the construction, inaintenance, repaii•, reneNval, modification, i-econstruction, relocation or removal of tlie Wireline. All such work shall be prosecuted diligently to completion. Tlie Licensee will coordinate its initial, and any subsequent work witli the following employee of Licensor or his or her duly autliorized representaNve (hereinafter "Licensor Representative" or "Railroad Representative"): Mr. Marc Rubino - MTM Mr. Curtis Douglas - MSM Union Pacific Railroad Company Unian Pacific Railroad Company East 4315 Sprague Ave 1150 Jefferson Ave, Rm 199 Spokane, WA 99212 La Grande, OR 97850 (509) 536-5233, Cellular (801) 499-7205 (541) 962-2245 B. Licensee, at its own expense, sliall adequately police and supervise all work to be perfot-med. The responsibility of Licensee for safe conduct and adequate poiicing and supervision of tivork shall not be lessened or othenvise affected by Licensor's approval of plans and specif cations involving i . the work, or by Licensor's collaboration in performance of any Avork, or by the presence at the work site of a Licensoi• Representative, or by compliance by Licensee wit1i any requests or recommendations made by the Licensor Representative. C. At the re9uest of Licensor, Liceiisee shall remove from Licensor's pcoperty any employee who fails to conform to the instructions of the Licensor Representative in coruiectioii with the work on Licensor's property. Licensee s11a11 indemnify Licensor against any claims arising from the removal of any such eniployee from Licensor's property. D. Licensee shalI notify the Licensor Representative at least ten (10) working days in advance of proposed perfonnance of any work in tivhich any person or equipment will be within lhventy- five (25) feet of any track, or will be iiear enough to any track that any equipment extension (such as, but not limited to, a crane boom) wiil reach to within twenty-five (25) feet of any track. No work of atty kind shall be performed, and no person, equipment, machineiy, tool(s), material(s), vehicle(s), or thing(s) shatl be located, operated, placed, or stored wittiin hventy-five (25) feet of any of Licensoi's track(s) at any time, for any reason, unless and until a railroad flagman is provided to watch for trains. Upon receipt of such ten (10) day notice, t}ie Licensor Representative will deterrnine and infonn Licensor «rhetlier a flagman need be present and whether any special pi•otective oi• safety measures need to be implemented. If flagging or other special protective or safety measures are perfoitined by Licensor, Licensoi• will biil Licensee for such expenses incuiTed by Licensor, unless Licensor and a federal, state or local goveimmental eutity have agreed that Licensor is to bili such expenses to tiie federal, state or local govei•nmental entity. If Licensor «rill be sending the bills to Licensee, Licensee shall pay sucli biUs VV1th1I1 thll•ty (30) days of receipt of billing. If Licensor perfoims any flagging, oi• odlei• special protective or safety measuces are perfonned by Licensor, Licensee agrees that Licensee is not relieved of any of responsibilities or liabilities set foclh in tllis Agreement. E. The rate of pay per hour for each flagman will be the prevailing hourly rate in effect for an eiglit-hour day for the class of flagmen used during regularly assigned hours and overtime in accordance with Labor Agreements and Schedules in effect at the time the work is performed. In addition to the cost of such labor, a composite charge for vacation, holiday, healttt and welfare, supplemental sickness, Railroad Retu•ement and unemployment compensation, supplemental pension, Employees Liability and Pc•opec-ty Damage and Adminish-ation will be included, computed on actual payroll. The composite charge Nvill be the prevailing composite charge in effect at the time the work is pei-foi•med. One and one-half times the current hourly rate is paid for overtime, Saturdays and Sundays, and two and one-half times current hourly rate for holidays. Wage rates are subject to change, at any time, by Iaw or by agreement behveen Licensoi• aiid its esnployees, and may be retroactive as a result of negotiations or a ruling of an authorized govecnmelital agency. Additional charges on labor are also subject to chatige. If the wage rate or additional charges are changed, Licensee (or the govec-nmental entity, as applicable) shall pay on the basis of the new rates and cliai•ges. F. Reimbursement to Licensor will be required covering the full eight-hour day during which any flagman is fumished, unless the flaginan can be assigned to other railroad work during a portion of such day, in whicii event i•eimbursement will not be required for the portion of the day during which tlie flagman is engaged 'ui other railroad work. Reimbursement will also be required for any day not actually worked by the flagtnan following the flagman's assignment to work on the project for which Licensoc• is requieed to pay the flagman and which could not reasonably be avoided by Licensoi• by assignment of such flagman to other work, even though Licensee may not be working during such time. Wheii it becomes necessaiy for Licensor to bulletin and assigti an employee to a flagging position in compliance with union collective bargainiug agreetnents, Licensee must provide Licensor a minimum of five (5) days notice prior to the cessation of the need foi• a flagman. If five (5) days notice of cessatioli is not given, Licensee will still be required to pay flagging charges for the five (5) day notice period - ! • reguired by union agreement to be given to the employee, even though flagging is not required for that period. An additional ten (10) days notice must then be given to Licensor if flagging services are needed again after such five day cessation notice has been given to Licensor. G. Safety of personnel, property, rail operations and the public is of paramount importance in tlle prosecution of the work performed by Licensee or its contractor. Licensee shall Ue responsible for initiating, maintaining and supervising all safety, operations and pi•ograms in connection with the work. Licensee and its contractor shall at a minimum comply with Licensor's safety standards listed in Ex6ibit D, hereto attached, to ensure uniformity witli the safety standat•ds followed by Licensor's own forces. As a part of Licensee's safety responsibilities, Licensee shall notifj+ Licensor if it detei-inines that any of Licensor's safety standards are contracy to good safety practices. Licensee and its contractor shatl furnish copies of Exhibit D to each of its employees before they enter the jab site. H. Without limitation of the provisions of paragraph G above, Licensee shall keep the job site free fi•om safety and health llazards and ensure that their employees and contractors and subcontractors are competent and adequately trained in all safety and health aspects of tile job. 1. Licensee shall have proper first aid supplies available on ihe job site so that prolnpt first aid services may be provided to any person injured on the job site. Prompt notification shail be given to Licensor of any U.S. Occupational Safety and Health Admhlistration reportable injuries. Licensee shall have a non-delegable duty to control its employees while they are on the job site or any other property of Licensor, and to be certain they do not use, be under the influence of, or have in their nossession any alcoholic beverage, dc-ug or other substance that may inhibit the safe perforinance of any work. J. lf and when requested by Licensor, Licensee shall deliver to Licensor a copy of its safety plan for conducting the Nvork (the "Safety Plan"). Licensor shall have the right, but not the obligation, to reQuire Licensee to correct any deficiencies in the Safety Plan. The terms of this Agreement shall control if there are any inconsistencies behween this Agi•eement atid the Safety Plan. Section 4. LICENSEE TO BEAit ENTIItE EXPENSE. Tlle Licerlsee shall bear the entire cost and expense incurred in connection with the design, construction, maintenance, repair and renewal and any and all modification, revision, relocation, removal or reconshuction of the Wireline, including any and all expense which may be incuri•ed by the Licensor in connection therewith for supeivisioii, inspection, flagging, or othetwise. Section 5. REINFORCEMENT. REt LOCATXON OR REMOVAL OF WIRELINE. A. The license herein granted is subject to the needs and requirements of the Licensor in the safe and efficieirt operation of its railroad and in the improvement and use of its property. The Licensee shall, at the sole expense of the Licensee, reinforce or othenvise modify the Wireline, or move all or any portion of the Wireline to such new location, or remove the Wireline from the Licensor's propei-ty, as the Licensor may designate, whenever, in the fui-flierance of its needs and requirements, the Licensor, at its sole election, finds such action necessary or desirable. B. Alt the terms, conditions aiid stipulations herein expressed with i-eference to the Wireline on property of the Licensor in t}ie location hereuibefore deseribed sliail, so far as the Wireline reinains on the property, apply to the Wireline as modified, changed or relocated within the contempiation of this sectioii. Section 6. NO INTERFERE, NCE WITH LICENSOR'S aPERATION. A. The Wireline and all parts thereof within aiid outside of the limits of the propel-ty of the Licensor shall be designed, constructed and, at all times, maintained, repaired, renewed and operated in such mmuier as to cause no hrterference whatsoever tivith the constant, continuous and uninterrupted use of the tracks, property and facilities of the Licerisor (iiichiding witliout lbnitation, its tracks, pole lines, communication Iines, radio equipment, wayside and/or cab based train signal systems, advanced train control systems, positive train separation systems, and grade ccossing systems), and nothing shall be done or suffered to be doue by the Licensee at any time that would in any mantiei• irnpair the safety thereof. B. In the operation and maintenance of the Wueline the Licensee shatl take all suitable precaution to prevent any intei-ference (by induction, leakage of electricity, oi• other%vise) witli the operation of the signal, communication lines or other installations or facilities of the Licensor or of its tenants; and if, at any time, the operation or maintenailce of the Wireiine results in any electrostatic effects which the Licensor deems undesirable or harmful, or causes interference with the operation of the signal, communication lines or other installations or facilities, as now existing or which may hereafter be provided by the Licensor and/or its teilants, the Licensee shall, at the soie expense of the Licensee, immediately make such modifications or take such action as may be necessary to eliminate such interference. Licensee agrees to pay for any reasonable modifications, design changes, or increased costs that may be necessary now or in tlie future to ensure safe and reliable maintenance and operatioti of ihe facilities of Licensor and/or its tenants because of inteiference from the Wireline. C. Explosives or otliei• highly flammable substances shall iiot be stored on Licensoc's property without the prior written approval of Licensor. D. No additional veliicular crossings (including tempoi-ary haul roads) or pedestrian crossings ovei• Licensot-s trackage shall be installed or used by Licensor or its contractors without the prior written permission of Licensor. E. When not in use, any machinery and materials of Licensor or its contractors shatl be kept at least fifly (SU) feet from the centerline of Licensor's nearest track. F. Operations of Licensor and work performed by Licensor~s personnel may cause delays in the work to be perfoi-ined by Licensee. Licensee accepts this risk and agrees that Licensor shall have no liability to Liceiisee or any other person or entity for any such delays. Licensee sliall coordhiate its activities with those of Licensor and third parties so as to avoid viterfei•ence with railroad operations. The safe operation of Licensor's train movements and other activities by Licensor take precedence over any work to be performed by Licensee. Section 7. PROTECTION OT FIBER 4PTIC CABLE SYSTEMS. A. Fiber optic cable systems may be buried on the Liceiisor's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users reslilting . in business interruption and loss of revenue and profits. Licensee shall telephone the Licensor during I]OC111aI bl1S1t18SS E10t11'S (7:00 a.m. to 9:00 p.m. Central Time, Monday through Friday, except for holidays) at 1-800-336-9193 (also a 24-hour, 7-day number for emergency calls) to determine if fiber optic cable is buried anywhere on the Licensor's premises to be used by the Licensee. If it is, Licensee will telephone the telecommunications company(ies) involved, ai7ange for a cable locator, make arraiigements for relocation or other protection of the fiber optic cable, all at Licensee's expense, and will cominence no work on the Licensor's property uutil all such pcotection or relocation has been accomplished. Licensee shall indemnify and hold the Licensor harmless fi•om and against all costs, liability and expeiise ! . whatsoever {including, without limitation, attorneys' fees, court costs and expenses} arising out of or caused in any way by Licensee's failure to canply with the provisions of this paragraph. B. IN ADDITIUN TO OTHER INDEMNITY PROVISI4NS IN THIS AGREENIEt NT, THE LICENSEE SHALL, AND SHALL CAUSE ITS CONTRACTOR TO, RELEASE, INDEMNIFY, DEFEND AND H4LD THE LICENSOR HARMLESS FROM AND AGAINST ALL COSTS, LIABILITY AND EXPENSE WHATSOEVER (INCLUDING, WITHOUT I.IMITATION, ATTO.RNEYS' FEES, COU12T C4STS AND EXPENSES) CAUSED BY THE NEGLIGENCE OF 'IHE LICENSEE, ITS CONTI2ACTOR, AGENTS AND/OR EWLOYEES, RESULTING IN - (1) ANY DAMAGE TU UR DESTRUCTION OF ANY TELECOMMUNICATIONS SYSTEM ON LICENSOR'S PROPERTY, AND/OR (2) ANY INJURY TO OR DEATH OF ANY PERSON EMPLO'YED BY OR ON BEHALF OF ANY TELECOMlVIUNICATI4NS COMPANY, AND/OR ITS CONTRACTOR, AGENTS AND/UR EMPLOXEES, UN LICENSOR'S PROPERTY, EXCEPT IF SUCH CUSTS, LIABILITY OR EXPENSES ARE CAUSED SOLELY BY THE DIRECT ACTIVE NEGLIGENCE OF THEi LICENSOR. LICENSEE FURTHER AGREES THAT IT SHALL NOT HAVE OR SEEK RECOURSE AGAINST LICENSOR FOR ANY CLAIM OR CAUSE OF ACTION FOR ALLEGED LOSS OF PROFITS OR REVEiNUE 4R LOSS OF SERVICE UR UTHER CONSEQUENTIAL DAMAGE TO A TELE, COMIMUNICATION COMPANY USING LICENSOR'S PRUPERTY OR A CUSTOMER OR USER OF SERVICES OF THE FIBER OPTIC CABLE ON LICENSOR'S PROPERTY. Sectiou 8. CLAIMS AND LIENS FOR LABOR AND MATERIAL; TAXES. A. The Licensee shall fiilly pay for ail materials joined or affixed to and laboi• perfoiined upon properly of the Licensor in connection with the construction, maintenance, repau•, renewal, modification or reconstruction of the Wireliiie, and shall not permit or suffec• any mechanic's or materialman's lien of aiiy kind or nature to be enforced against the properry for any work done or materials furnished tliei•eon at the instance or request or on behalf of the Lice»see. The Licensee shall indemnify and hold harmless the Licensor against and fi•om any and all liens, claims, demands, costs arid expenses of whatsoever nature in any way connected «rith or growing out of such work done, labor performed, or materials furnished. B. T}ie Licensee shall promptly pay or discharge all taxes, charges aild assessments levied upon, in respect to, or on account of the Wireline, to pi•event the same fiom becoming a charge or lien upon properly of the Licensor, and so that the taxes, cliarges and assessments levied upon or in respect to such propeity shall not be increased because of the location, construction oa• maintenance of the Wireline or any improvement, appliance or fixture connected tlierewith placed upon such propei-ty, oi• on account of the Licensee's interest therein. Where sucli tax, cliarge or assessinent may not be separately made or assessed to the Licensee but shall be included in tlie assessment of the property of the Licensoi•, then the Licensee shall pay to the Licensor an enuitable proportion of such taaes deterniined by the value of the Licensee's property upon property of the Licensor as compared with the entire value of such property. Section 9. RESTORATION OF LICENSOR'S PROPERTY. In the eveut dle Licensor authorizes the Licensee to in any manner move or disturb any of tfle property of the Licensoi• in connection with the consh-uction, maintenance, i-epair, renewal, modification, reconstruction, relocation or removal of the Wireline, then in that event the Licensee shall, as soon as possible and at Licensee's soie expense, restore property to the same condition as the same were in before such property was moved or disturbed, and the Licensee shall bidemnify and hold harmless the Licensor, its o-'icers, agents and ecnployees, against and from any and ali liability, loss, dacnages, clairns, demands, . costs and expenses of whatsoever nahire, including couil costs and attorneys' fees, which may ivsult from iiijuiy to or death af persons whomsoever, or damage to or loss or destruction of pi•operty wiiatsoever, when such injury, death, damage, loss or destruction grows out of or arises from the inoving or disturbance of any property of the Licensor. Scction 10. INDENiNITY. A. As used in this Section, "Licensor" includes other railroad companies using tlie Licensor's property at or near the location of the Licensee's i❑staUation and their officers, agents, aiid empioyees; "Loss" includes loss, damage, claims, demands, actions, causes of action, penalties, costs, and expenses of whatsoever nature, including court costs and attorneys' fees, ~vhich may result fi•om: (a) icljuiy to or deadl of persons tivhomsoever (including the Licensor's officers, agents, and employees, the Licensee's officers, agents, and employees, as well as any other person); aiid/or (b) damage to or Ioss or desh•uction of property whatsoevei• (including Licensee's pc•operty, damage to the z•oadbed, tracks, equipment, or othel• pi•opei-ty of the Liceiasor, or property in its care or custody). . B. AS A MAJ4R INDYICEMENT AND IN CONSIDERATION OF THE LICENSE AND PERMISSION HEREIN GRANTED, TO THE FULLEST EXTENT PERNIITTED BY LAW, THE I.ICENSEE SHALL, AND SHALL CAUSE ITS CONTRACTOR TO, RELEASE, INDEMNITY, DEFEND AND IiOLD I3ARMLESS THE LICENSOR FROM ANY LOSS 4R ANY KIND, NATURE OR DESCRIPTION ARISING OUT OF, RESULTIlqG FROM OR RELATED T4 (IN WHOLE 4R IN PART): 1. THE PROSECUTION UF ANY WORK CONTEMPLATED BY TAIS AGREi EMENT INCLUDING THE INSTALLATION, CONSTitUCTION, MAINTENANCE, REPAIR, RE NEWAL, 1VIODiFICATION, RECONSTRUCTION, RELOCATION, OR REMOVAL OF THE WIRXi LINE OR ANY PART THEREOF; 2. ANY RIGHTS OR INTERESTS GItANTED PURSUANT TO THIS LICENSE; 3. THE PRESENCE, OPERATION, OR USE OF THE WIRELINE OR ELECTRICAL INTERFERENCE OR UTHER TYPES OF INTERFERENCE CREATED OR CAUSED BY THE VYIItELINE UR ESCAPING FROM THG WIRELINE; 4. THE ENVIRUNMENTAL STATUS OF THE PROPERTY CAUSED BY OR CONTRIBUTED BY LICE, NSEE; 5. ' ANY ACT OR ONIISSION OF LICENSEE OR LICENSEE'S OFFICERS, AGENTS, INVITEES, EMPLOYEES, OR CONTRACTORS OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYE, D BY ANY UF THEM, OR ANYONE THEY CONTRUL OR EXERCISE CONTROL OVER; OR 6. LICENSEi E'S BREACH OF THIS AGREEMENT, EXCEPT WHERE THE LOSS IS CAUSED BY THE SOLE DIRE CT NEGLIGEh`CE OF THEi LICENSOR, AS DETERMINED IN A FINAL JUDGMENT BY A COURT OF COMPETENT JURISDICTION, IT BEING THE INTENTiON OF THE PARTIES THAT THE ABOVE INDEMNITY WILL OTHERWISE APPLY TU LOSSES CAUSED BY OR ARISING FROM, IN WHOLE OR IN PART, LICENSOR'S NEGLIGENCE. C. Upon written notice fiom Licensor, Licensee agrees to assume the defense of any la«►suit of proceeding broug}it against any indemnitee by atry entity, relating to any matter covered by this License for wbich Licensee has an obligation to assume liability for and/or save and hoid harmless any indemnitee. Licensee shall pay all costs incident to such defense, inciuding, but not limited to, reasonable attorney's fees, liivestigators' fees, litigation and appeal expenses, settlement payments and amounts paid in satisfaction of judgments. Section 11. REMOVAL OF WIRELINE UPON TERMINATION OF AGREEMENT. Prior to the termination of this Agreement howsoever, the Licensee sliall, at Licensee's sole expense, remove the Wireline fi•om those portions of the propecty not occupied by the roadbed and track or tracks of the Licensor and shaU restore, to the satisfaction of the Licensor, such poi-tions of such property to as good a condition as they were in at the time of the construction of the Wireline. If the Licensee fails to do the foregoing, the Licensor may, btit is not obligated, perfonn such work of rernoval and restoration at the cost and expense of the Licensee. In the event of the removal by the Licensor of the properly of the Licensee and of the restoration of the roadbed and propei-ty as herein provided, the Licensor shall in no manner be ]iable to t1ie Licensee for any damage sustained by the Licensee for or on account thereof, and such i•emoval and restoi•ation shall in no manner prejudice or impair any right of action for damages, or othenvise, that the Licensor inay have against the Licensee. Section 12. WAIVER OF BRE, ACH. The Nvaiver by the Licensor of the breach of any condition, covenant or agreemeiit herein contaitled to be kept, obsetved and performed by the Licensee shall in no -tvay impair the right of the Licensor to avail itself of any remedy for any subsequeiit breacli tiiereof. Section 13. TERMINATION. A. If the Licensee does not use tiie right herein granted oz• the Wireline foi• one (1) year, oi• if the Licensee continues in default in the performance of any covenant or agreement lierein coiitained for a period of thirty (30) days after wl•itten notice fi•om the Licensor to the Licensee specifying such default, the Licensor may, at its option, forthwith immediately terminate tliis Agreement by written notice. B. In addition to the provisions of subparagraph (a) above, this Agreemeut inay be tenninated by written notice given by either pai-ty hei•eto to the other on any date hi stich notice stated, not tess, however, than thirty (30) days subsequent to the date upon which such notice shall be given. C. Notice of default and notice of termination may be seived personaliy upon the Licensee oi• by mailing to the last known address of the Licensee. Termination of this Agi•eement for any reason shall not affect any of the rights or obligatiolis of the parties hereto which cnay have accrued, or liabilities, accnied or otheiwise, which may have ariseii prior thereto. Section 14. AGREEMENT NOT TD BE ASSIGNED. The Licensee shall not assign this Agreement, in whole or in part, or any rights herein granted, witliout the written consent of the Licensoi•, and it is agreed that any transfer or assignment or attempted transfer or assignment of this Agreement or any of the rights herein granted, whether voluntary, by operation of law, or othenvise, without such consent in writing, shall be absoluteiy void and, at the option of the Licensor, shall tei-minate this Agreement. . + , Section 15. SUCCESSORS AND ASSIGNS. Subject to Nie provisions of Section 14 hereof, this Agreement shall be binding upon and inure to the benefit of the parties hereto, their heirs, executors, administrators, successors and assigns. , Form Approved, AVP-law Updated 063008 EXHIBlT C Union Pacific Railroad Company Insurance Exhibit PART 1: GENERAL INSTRUCTIONS AND REQUIREMENTS: Prior to execu#ion of this License, Licensee shall furnish Railroad with a certificate(s) of insurance, executed by a duly authorized representative of each insurer, showing compliance with all insurance required by this License. Ail certificates of insurance and correspondence shall be addressed and sent to: Union Pacific Railroad Company Real Estate Department - Folder No.: 02522-54 1400 Douglas St., STOP 1690 Omaha, NE 68179-1690 All fnsurance policies must be written by a reputable insurance company acceptable to Railroad or with a current Best's Insurance Guide Rating of A- and Class VII or better, and authorized to do business in the state(s) in which the work is to be performed. All poficies required by this license shall provide coverage for punitive damages unless (a) insurance coverage may not lawfully be obtained for any punitive damages that may arise under this license, or (d) all punitive damages are prohibited by all states in which this license wilt be performed. The fact that insurance is obtained by Licensee will not be deemed to release or diminish the liability of Licensee, including, without limitation, liability under the indemnity provisions of this license. Damages recoverable by Railroad from Licensee or any third party will not be limited by the amount of the required insurance coverage. PART 2: SPECIFIC INSURANCE UMITS AND REQUIREMENTS Licensee shall, at its sole cost and expense, procure and maintain during the life of this License (extept as otherwise provided in this License) the following insurance coverage: A. Cornmercial General liability Insurance written on ISO Occurrence form CG 00 0112 04 (or a substitute fiorm providing equivalent coverage) with limits of not less than: • $2,000,000 Each Occurrence • $4,000,000 Aggregate This policy must also contain the following endorsements (which must be stated on the certificate of insurance): , . • Additional Insured Endorsement ISD Form CG 20 26 (or a substitute form providing equivalent coverage). The coverage provided to Railroad as additional insured shall, to the extent provided under ISO Additionai lnsured Endorsement Form CG 20 26, provide coverage for Railroad's negligence whether sole or partiai, active or passive, and shall not be limited by Licensee's liability under the indemnity provisions of this license. • Contractual Liability - Rallroads ISO Form 24 1710 01(or a substitute form providing equ'tvaient coverage) showing "Union Pacific Railroad Company Propertv' covered by this License as the "Designated 1ob Site". B. Business Automobile Liability Insurance written on ISO Form CA 00 0110 01 (or a substitute form providing equivalent coverage) with a limit of: • $2,000,000 each acc+dent. This policy must contain the following endorsements (which must be stated on the Certi#icate of Insurance): • Designated Insured tS0 Forrn CA 20 48 02 99 (or a substitu#e form providing equivalent coverage). • Coverage for Certain Operations in Connection with Railroads ISO Form CA 20 7010 01 showing "Union Pacific Railroad Property" covered by this License as the "Designated Job Site". • Motor Carriers Act Endorsement OMB Form MCS-90 (if required by !aw). C. Workers Compensation Insurance. Coverage must include but not be limited to: • licensee's statutory liability under the workers' compensation laws of the state(s) affected by this License. Employers' Liability (Part B) with limits of at least $500,000 each accident, $SOO,OQO disease policy limit $500,000 each employee. • If Licensee is self-insured, evidence of state approval and excess workers compensation coverage must be provided. - • Licensee shall waive all rights of recovery, and its insurers also waive all rights of subrogation of damages against Railroad and its agents, officers, directors and employees for damages covered by the workers compensation and employers liability obtained by Licensee required in this License. Thfs waiver must be stated on the certificate of insurance. D. Umbrella or excess liabiiity Insurance. If Licensee utilizes umbrella or excess policies to meet limit requirements, these policies must "follow form" and afford no less coverage than the primary policy. If utilized, Licensee shall waive all rights of recovery, and i#s insurers atso waive all rights of subrogation of damages against Railroad and its agents, officers, directors and employees for damages covered by Umbrella or Excess Liability obtained by Licensee required in this License. This waiver must be stated on the certificate of insurance. E. Railroad Protective llability Insurance. At all times during construction, installation, repair or removal o# a pipeline or wire line Licensee or its Contractor must obtain and maintain Railroad Protective Liability insurance written on ISO occurrence form CG 00 3512 04 {or a substitute form , providing equivalent coverage) on behaif of Railroad as named insured, with a limit of not less than $2,000,000 per occurrence and an aggregate of $6,000,000. A binder stating the policy is in place must be submitted to Railroad before the worlc may be commenced and until the originai policy is forwarded io Raiiroad. i Form Approved, AVP-law Updated 063008 EXHIBIT D AMqMUM SAFETY RE' QUIREMENTS The term "employees" as used herein refei- to all employees of Licensee or its contractors, subconNactors, or agents. 1. Clothing A. Ali employees will be suitably dressed to perform their duties safely and in a manner that wiil not interfere with their vision, heai'lllg, or free use of their hands or feet. Specificaliy, employees must -vvear: (i) Waist-length shirts with sleeves. (ii) Trousers that cover the entii•e leg. If flare-legged trousers are worn, the trouser bottoms must be tied to prevent catching. (iii) Foohvear that covers their ankles aud has a defined heel. Employees woi•king on bridges are required to wear safety-toed foohwear that conforms to the American National Standards Institute (ANSI) and FRA footwear requirements. B. Employees shall ilot wear boots (ot}iei• than work boots), sandals, canvas-type shoes, or otlier• shoes that have thin soles or heels that are higlier than normal. C. Employees must not wear loose oi• ragged clothing, neckties, finger i•ings, or other loose jewelry while operating or working on machinecy. H. Personal Protective Equipment Employees shall wear personal protective equipment as specified by Raili•oad rules, regulations, or recoinmended or requested by the Railroad Representative. (i) Hard liat that meets the American National Standard (ANS1) Z89.1 - latest i•evision. Hard hats should be affixed with Licensee's company logo or nalne. (ii) Eye protection that meets American National Standard (ANSI) for occupational and educational eye and face pi•otection, Z87.1 - latest revision. Additional eye protection must be pi•ovided to meet specific job situations such as -vvelding, griiiding, etc. (iii) Hearing pi•otection, which affords enough attenuation to give protection from noise Ievels that will be occurring on the job site. Hearing protection, in the form of plugs or muffs, must be wocn when employees are within: ■ 100 feet of a locomotive or roadway/work equipment ■ 15 feet of power operated tools ■ 150 feet of jet blowers or pile drivers , • . • 150 feet of retarders in use (when within 10 feet, employees must wear dual ear protection - plugs and muffs) (iv) Other types of personal protective equipment, such as respirators, fall protection equipment, and face sliields, must be worn as recommended or requested by the Railroad Representative. III. On Trsck Safety Licensee is responsible for compliance with the Federal Railroad Administration's Roadway Worker ProtecNon regulations - 49CF.R214, Stibpart C and Railroad's On-Track Safety rules, Under 49CFR214, Subpar-t C, raifroad contractots are responsible for the haining of their e1liployees on such reguiations. In addition to the instructions contained in Roadway Worker Protection regulations, all employees must: (i) Maintain a minimum distauce of at least twenty-five (25) feet to any track unless the Railroad Representative is present to authorize moveme»ts. (ii) Wear an orange, reflectorized tivork wear approved by the Railroad Representative. (iii) Participate in a job briefing that will specify the type of On-Track Safeiy for the type of work being perfonned. Licensee must #ake special note of limits of track authority, which tracks may or may not be fouled, and clearing the ih•ack. Licensee will also receive special instructions relating to the work zone around machines and minimum distauces beriveen machines while working or traveling. N. Equipment A. It is the responsibility of Licensee to ensure tliat aIl equipment is in a safe condition to operate. If, in the opinion of the Railroad Representative, any of Licensee's equipmeiit is unsafe for use, Licensee shalI reanove such equipment fi•om Railroad's pi•o}zerty. Li addition, Licensee must ensure that the operators of all equipmeiit are pi•operly trained and competent in the safe operatioii of tlle equipment. In addition, operators must be: ~ Familiar and comply with Railroad's rules on lockout/tagout of eyuipment. ■ Trained in and comply witli tlle applicable operating i-ules if operating any hy-rail equipmeiit on-track. ■ Trained in and coniply wi#h tiie applicable air brake rules if operating miy equipment that moves rail cai-s or any other rail bound equipment. B. All self-propetled equipment must be equipped with a first-aid kit, fire ea-tinguisher, aiid audible back-up waming device. C. Unless otherwise autliorized by the Railroad Representative, all equipment must be parked a minimum of riventy-five (25) feet fiom any track. Before ieaving any equipment unattended, the operator must stop the engine and properly secure the equipmeiit agaiiist movement. D. Craries inust be equipped with tliree orange cones that Nvill be used to mark the workulg area of the crane and the minimum clearances to overhead powerlines. 1 ' . . ; .a ~ ~ V. Genera! Safety Requii•ements A. Licensee shall ensure that all waste is properly disposed of in accordance with applicable federal and state regulations. B. Licensee shall ensure that all employees participate in and comply with a job bricfing conducted by tlie Railroad Representative, if applicable. During this briefillg, the Railroad Representative will specify safe work procedures, (including On-Track Safety) and the potential hazards of the job. If any employee has any yuestions or concerns about the work, the employee must voice dlem during the job briefing. Additional job briefings will be conducted during the work as conditions, work procedures, or personnel change, C. All track work performed by Licensee meets the minimum safety requirements established by the Federal Raili•oad Administration's Track Safety Standards 49CFR213. D. All employees comply with the foUowing safety procedures when -svorking around any railroad track: {i) Always be on the alei-t fot• moving equipment. Employees must always eapect movement on any track, at any time, in eidier direction. (ii) Do not step ol walk on the top of the rail, fi•og, switches, guard rails, or other track components. (iii) In passing around the ends of standing cars, engines, i•oadway machines or work equiprnent, leave at least 20 feet between yourself and the end of the equipment. Do not go befiween pieces of equipment of the opening is less than one car length (SO feet). (iv) Avoid walking or standing on a track unless so atithorized by tlle employee in charge. (v) Before stepping over or crossuig tracks, look in both directions fii-St. (vi) Do not sit on, lie under, or cross behveen cars except as required in the pei•formance of your duties and only when ti•ack aiid equipment have been protected against movement. E. All employees must comply witli all federal and state regulations conceining workplace safety.