05-066.00 Union Pacific RR: Montgomery at RRMP 8.54 Right of EntryUPRR folder No.: 2334-41
• BUILDING AMERICA"
RiG~IT OF ENTRY AGREEMENT AUDIT Z~'~6(~1
THIS AGREEMENT made and entered into as of ~f"~ day of
200,5 by and bet~.veen UT'ION PACIFIC RAILROAD COi~4'ANY,
a Delawar corporation (hereinafter the "Railroad"); and the CITY OF SPOKANE VALLEY, a
~ti~aslungton municipal corporation, to be addressed at 11707 East Sprague Avenue, Spokane Valley,
OVA 99216; Attn: Louis Graf Telephone: 509-688-0225 (hereinafter the "Licensee").
IT IS MUTUALLY AGREED BY Al\TD BETV1'EEN THE PARTIES HERETO AS
FOLLOWS:
ARTICLE 1 - DEFINITION OF LICENSEE
For purposes of this agreement, all references in this agreement to the Licensee shall include
the Licensee's con~-actors, subcontractors, of'fcers, agents and employees, and others acting under
its Or their authority.
AR"fICLE 2- RIGHT GRANTED; PURPOSE
The Railroad hereby grants to the Licensee the right, during the term hereinafter stated and
upon and subject to each and all of the terms, provisions and conditions herein contained, to enter
upon and have ingress to and egress from the portion of Railroad's property in the vicinity of
Railroad Mile Post 8.54, on the Spokane Subdivision at or near Spokane, Spokane Co>.uity,
~VASl1lllgtoll, for the purpose of surface rehabilitation to the approaches to the existing Montgomery
Drive at-grade public road crossing only, in the area as show~i on Exhibit B attached hereto and
hereby made a part hereof. The right herein granted to Licensee is limited to those portions of the
Railroad's property specifically described herein, or designated by the Railroad representative named
in Article 4.
ARTICLE 3 - AI)MINTSTRATTVE FEE
Upon the execution of this Agreement, the Licensee shall pay to the Licensor aone-time
administrative fee of FIVE HUNDRED FOURTY-FIVE DOLLARS (5545.00).
ARTICLE 4 -TERMS AND CONDITIONS CONTAINED IN EXHIBITS A AND A-1
The terms and conditions contained in Exhibits A and A-1, hereto attached, are hereby made
a part of this agreement.
ARTICT.,F S -ALL EXPENSES TO BE BORNE BY LICENSEE; RAILROAD
RE:PRES[;NTATIVE
The Licensee shall bear any and all costs and expenses associated with any work performed
by the Licensee, or any costs or expenses incurred by the Railroad relating to this agreement. All
ROE 20031205 Ankles of Agreement August 3, 20A5
I~orm Approved, AVP-Lttw Pale 1 of 4
ClJs lob
' aO ~~ UPRR Folder Flo.: 2334-41
- ~ BUILDING AMERICA"
_ work performed by Licensee on Railroad's property shall be perforn~ed in a manner satisfactory to
the representative local Manager of Track Maintenance of the Railroad or his authorized
representative (hereinafter the Railroad Representative):
Mark Rubino
Manager Track Maintenance
Union Pacific Railroad Company
F-4315 Sprague Avenue
Spokane, V~'A 99212
Phone: (509) 536-5233
Fax: (509) 536-5205
ARTICLE 6 - TE12-yI; TFRVIINATlOi~1
a. The grant of right herein made to Licensee shall commence on the date of this agreement,
and continue until ~ ~ /.~~/D~ ,unless sooner terminated as herein provided, or
(Expiration .Dale)
at such time as Licensee has completed its vv~ork on Railroad's property, whichever is earlier.
Licensee agrees to notify the RaiUoad Representative in writing when it has completed its work on
Railroad property.
b. This agreement may be terminated by either party on ten (10) days written notice to the other
party.
ARTICLE 7 - CERTiFiCATE OF INSURANCE
a. Before commenciig any work, the Licensee will provide the Railroad with a Certificate
issued by its insurance carrier providing the insurance coverage required pursuant to Exhibit A-1
of this a~eement in a policy which contains the following type of endorsement:
" is named as additional insured with respect to all liabilities arising out of Insureds, as
Licensee, performance of any work on the property of the Railroad."
b. Licensee warrants that this agreement has been thoroughly reviewed by its insurance
agent(s)/broker(s) and that said agent(s)/broker(s) hat been instructed to procure insurance coverage
and an endorsement as required herein.
e. All insurance correspondence shall be directed to:
Senior Manager Contracts
Union Pacific Railroad Company
1400 Douglas Street MS1690
Omaha, Nebraska 68179-1690
UPRR Folder No.: 2334-4 l
ROF 20A31206 Articles ~f Agreement Au{tusc 3, 2005
Fomi Approved, AVP-Law Ptri e 2 Of 4
' ~~~ ~ ~ UPRR ~olderNo.: 2334-41
BUILDING AMERCI.A'
ARTICLE 8 - 1'.RQTECTION OF FIli1~'R O.P"C1C CA13i..E SYSTEMS
Fiber optic cable systems may be buried on Licenser's properly. Protection of the fiber optic
cable systems is of extreme importance since any break could disrupt service to users resulting in
business interruption and loss of revenue and profits. Prior to beginning any work, the Licensee shall
telephone the Railroad at .1-800-336-9193 (a 24-hour number) to determine if fiber optic cable is
buried anywhere on the property set forth herein. If it is, the Licensee shall also comply w7th and
be subject to the provisions contained in Section 6 of )/shibit A.
ARTICLE 9 - ENFORCEABILITY; CHOICE OF LAW; CHOICE OF FORUM
This agreement shall be governed, construed, and enforced in accordance with the laws of
the state of Nebraska. Litigation arising out of or connected with this agreement may be instituted
and maintained in the courts of the states of iebraska and «'ashington only, and the parties consent
to jurisdiction over their person and over the subject matter of any such litigation, in those courts,
and consent to service of process issued by such courts.
ARTICLE 10 - RAiLRO AD FLAGN1Ai\I; ~VHEi`I R.F,QiJiRED; FLAGGING CHARGES
a. No work of any kind shall be performed, and no person, equipment, machinery, tool(s),
material(s), vehicle(s), or thing(s) shall be located, operated, placed, or stored within 25 feet ofany
of Railroad's track(s) at any time, for any reason, unless and until a Railroad flagman is provided to
watch for trains, pursuant to the tcrlns of the attached l xhibit "A". All expenses connected ~~7th the
furnishing of said flagman shall be at the sole cost and expense of the Licensee, who shall promptly
pay to Railroad all charges coruiected there~~7th, ~7thin 30 days after presentation of a bill therefore.
The rate of pay per hour for each man will be the prevailing hourly rate in effect for an eight hour
day for the class of men used during regularly assigned hours and overtime in accordance with Labor
Agreements and Schedules in effect at the time the work is performed. The current hotvly rate of
pay for Assistant Track Foreman is 519.50 (July 2003). In addition to the cost of such labor, a
composite charge of 152.33 % for vacation, holiday, health & welfare, supplemental sickness,
Railroad Retirement & UC, supplemental pension, Empl. Liability & Property Damage and
Administration will be included, computed on actual payroll.
b. One and one-half times the current hourly rate is paid for overtime, Saturdays and Sundays;
two and one-half times current hourly rate for holidays.
c. ~iVage rates are subject to change, at any time, by law or by agreement between the Railroad
and its employees, and may be retroactive as a result of negotiations or a ruling of an authorized
Governmental Agency. Additional charges on labor are also subject to change. If the wage rate or
additional charges are changed, the Licensee shall pay on the basis of the new rates and charges.
d. Reimbursement to the Railroad will be required coveruig the full eight hour day during which
any flagman is furnished, tuiless he cai~ be assigned to other Railroad work during a portion of such
day, in which event reimbursement will not be required for the portion of the day during which the
flagman is engaged in other work. Reimbursement will also be required for any day not actually
ROE 2003120R Articles of Agreement August 3, 2005
Form Approval, AVP-IaLw F'agc 3 of 4
BVRLPlhLG AAEERICA'
IFPRRFolder?do„ 2334]
--~
~~Orked by said flagman following his assignment to ~~ork on the project for Mich the railroad is
required to pay the flagman aad vw~}~ich could not reasonably be avoided by the R.aiiroad ~om~aany
by assignment ofsuch flagman to other work, even though the ~~fcen5ee ma}~ not be working during
such time-
e. arrangements for flagging are to be made at least seventy-t~vo ~7~ hours in advance o~
commencing vwaT, with the Railroad Manager of Track Maintenance.
TIC;L)C 11 ~ ~'~t~~A~ PRCl1~Cl1~
T~Ione,
l ~'4~'a'iF V4~H.ER~C,l1~', the parties hereto have executed this agreement in duplicate as
of the date first herein written.
101 I'ATY+Y L1tt~D t~t~P~x~'
ley:
IT~FE~:
CITY F PAi~1E ALLE
y_
Title;
{Pursuant to ordinance, resolution, or other evidence oFprvper authority to execute this instntrnent, s cop} of which shall
be attached to the Railroad's original cowtiterpart of this document,}
RO); 20{131208 Articles oFAgrcemra~[ Au~uSi 3, ~OQS
Farm Approved, AVP-law Page ~ Of4
(F'ecler-a~ 7'ux ID #~ 9~-6~0~3~3~
' riOE ~xA 924396
as~iLOiwc any€aica ~ ~~ Form Ap~rOved. AVP-haw
~~1iB1T A
TO RIGHT OF ENTRI' AREE~+IENT
TERM ANA CON171710td~
section 1 - C~#~TI~E QF CQMn+7ENFMFN7 OF V~ORk{ - FLAIN.
The Licensee agrees to notify the ~tailroad Representative 2# least ~8 hours In advance of Licensee commencing its work and at
leas# ~4 hours in atl~+ance of proposed performance of any work by the Licensee in which any person ar equipment will be within
5 feet of any track, or will be near enough to any track #ha# any e~uiprnent extension such as, bu# not limited #o, a crane boom)
will reach to within 2~ feet of any track. Upon reCeip# of such notice, the F~ailroad Representative will tie#errnine and inform the
Licensee whether a flagman need be present and w'.+he#her the Licensee need implement any speoi2l protective or Safety rrle$SUreS_
~f any flagmen or other special prvteC#i+re or safety measures are performed ley the Railroad, such services will be provided al
Licensee's expense with the understanding #ha# if the Railroad provides any flagging or other 5crViCe5 #ne t.icenSee Shall not he
relieved of any of its reSponSibili#ies or liabilities set forth herein,
eCtion ~ - LIMIl'A710N ANb SUBORDINATION OF RIGHTS CRAN7E~_
a). The foregoing gran# of righ# is subject and subordinate to the prior and continuing right and at}ligation of the Railroad to use
and main#2in i#s en#ire property including the right and power of the Railroad to construct, maintain, repair, renew, usa, opera#e,
Change, modify or relocate railroad tracks, r4adway5, Signal, communication, fiber optics, or other irelines, pipelines and other
facilities upon, along or across any or all pacts of its property, all or any of which may be freely done at any time or times by the
Railroad without liabiliky #o the Licensee ar to any other party for corwlps*nsation or darnages_
b}. The foregoing grant is also subject to all ou#skandint~ superior rights {including those in favor of licensees and lessees of
the Railroad's property, and others) and lht~ right of the Railroad #o renew and extend the sarrae, and is made wi#hou# covenant of
title or for quiet enjoyment,
section 3 - NO IPlTERFEF2ENOE 41IITH RAILROAD'S OPERATIOI~_
h1o work performed by Licensee shall cause any interference with the const2n#, Cori#inuous 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 authorised in ad++anoe by the Railroad Representative. Nothing shall be done or Suffered to be done by the Licensee
at 2rty time #l'i2# v~0u1d in $ny manner impair the safeky thereof. When not in use, Licensee's machinery and materials shall be kept
a# least ~0 feel from the centerline of Railroad's nearest #raCk, and there shall be no crossings of Railroad's tracks excep# at existing
open public crossings.
sec#ion 4 - PERNi17.
Prior to beginning any work, the Licensee, a# i#s sole expense, shall obtain all necessary permits #o perform any work contemplated
by this agreement-
Section 5 - N7EOHAhJIO' ~IENS_
The Licensee shall pay in full all persons who perform labor or provide materials for the work #o be perfom~ed by Licensee- The
Licensee shall not crew#e, permit or suffer any mechanic's or ma#erialmen's liens of any kind or nature to be enforced against arry
property of the Railroad for any such work perfomxed. The Licensee shall indemnify antt hold harmless the Railroad from and against
ar~y and all liens, claims, demands, GOStS or expenses of who#soever nature in any way connected with or growing out of surr#r work
dcne, labor performed, ar materials furnished,
ec#ion fi - FIBER OPTIO CABLE YT_EM.
In addition to other indemnity provisions in this AgreerrMent, the Licensee shall indemnify and hold the Railroad harmless from and
against all costs, li~bitwty and expense whatsoever {including, without Ikmita#ion, attorney's fees, court costs and expenses) arising
out of any act or omission of the Licensee, its contractor, agents andJor employees. that pauses or contr5butes to (1) any damage
to or destruction al arty telecommunications system on R2ilro2d's ~raperty, and {~) any injury to or death of any person ern~loyed
1>y or on behalf of any telecvmmtlnicatior75 company, andfor its contractor, agents andlor employees, on Railroad's properly,
Licensee Shall not Move or seek recourse againS# Railroad for any claim or Douse of ac#icn for alleged loss of profits or revenue or
loss of service or other consequential damage #o a telecommunication company using Railroad's property or a customer or user of
Ser+riceS of khe fiber optic cable on Railroad's property.
ROE ExA 920396 Page "l Of ~ ExhibitA
Form Appra+~ed, AvP-Law 7a Flight of Entry ~greernenl
~~ 1
~} BUIL61PtG AIAERIGA- ~ ~~
u~~J ~~
Section 7 - COMPLIANCE WITH LAWS.
ROE ExA 920316
~ ~ Form Approved, AVP-Law
In the prosecution of the work covered by this agreement, the Licensee shall comply with all applicable 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 Licensee's agents and employees, the officers, agents, employees and property of the Railroad and the
public in general. The Licensee (without limiting the generality of the foregoing) shall comply with all applicable state and federal
occupational safety and health acts and regulations. All Federal Railroad Administration regulations shall be followed when work
is performed on the Railroad's property. If any failure by the Licensee to comply with any such laves, regulations, and enactments,
shall result in any fine, penalty, cost or charge being assessed, imposed or charged against the Railroad, the Licensee shall
reimburse and indemnify the Railroad for any such fine, penalty, cost, or charge, including without limitation attorney's fees, court
costs and expenses. The Licensee further agrees in the event of any such action, upon notice thereof being provided by the
Railroad, to defend such action free of cost, charge, or expense to the Railroad.
Section 8 - SAFETY INSTRUCTIONS.
Safety of personnel, property, rail operations and the public is of paramount importance in the prosecution of the work pursuant to
this agreement.. As reinforcement and in furtherance of overall safety measures to be observed by the Licensee (and not by way
of limitation), the following special safety rules shall be followed:
a). The Licensee shall keep the job site free from safety and health hazards and ensure that its employees are competent and
adequately trained in all safety and health aspects of the job. The Licensee shall have proper first aid supplies available on the job
site so that prompt first aid services can be provided to any person that may be injured on the job site. The Ucensee shall promptly
notify the Railroad of any U.S. Occupational Safety and Health Administration reportable injuries occurring to any person that may
arise during the work performed on the job site. The Licensee shall have anon-delegable duty to control its employees, while they
are on the job site or any other property of the Railroad to be certain they do not use, be under the influence of, or have in their
possession any alcoholic beverage or illegally obtained drug, narcotic or other substance that may inhibit the safe performance of
work by an employee.
b). The employees of the Licensee shall be suitably dressed to perform their duties safely and in a manner that will not interfere
with their vision, hearing or free use of their hands or feet.. Only waist length shirts with sleeves and trousers that cover the entire
leg are to be worn. Ifflare-legged trousers are worn, the trouser bottoms must be tied to prevent catching. The employees should
wear sturdy and protective footwear. Employees shall not wear boats (other than work boots), sandals, canvas-type shoes or other
shoes that have thin soles or heels that are higher than normal. In addition, the Licensee shall require its employees to wear
personal protective equipment as specified by Railroad rules, regulations or Railroad officials overlooking the work at the job site.
In particular, the protective equipment to be worn shall be:
1). Protective head gear that meets American National Standard-289.1-latest revision. It is suggested that all hardhats
be affixed with Licensee's or subcontractors company logo or name.
2). Eye protection that meets American National Standard for occupational and educational eye and face protection,
287.1-latest revision. Additional eye protection must be provided to meet specific job situations such as welding, grindiing,
burning, etc.; and
3). Hearing protection which affords enough attenuation to give protection from noise levels that will be occurring on
the job site.
c). All heavy equipment provided or leased by the Licensee shall be equipped with audible back-up warning devices. If in the
opinion of the Railroad Representative any of Licensee's or any of its subcontractors equipment is unsafe for use on the Railroad's
right-of-way, the Licensee, at the request of the Railroad Representative, shall remove such equipment from the Railroad's right-of-
way.
Section 9 - INDEMNITY.
a). As used in this Section, "Railroad" includes other railroad companies using the Railroad's property at or near the location
of the Licensee's installation and their officers, agents, and employees; "Loss" includes loss, damage, claims, demands, actions,
causes of action, penalties, casts, and expenses of whatsoever nature, including court costs and attorneys' fees, which may result
from: (a) injury to or death of persons whomsoever (including the Railroad's officers, agents, and employees, the Ucensee's officers,
agents, and employees, as well as any other person); and (b) damage to or loss or destruction of property whatsoever (including
Licensee's property, damage to the roadbed, tracks, equipment, or other property of the Railroad, or property in its care or custody).
b). As a major inducement and in consideration of the license and permission herein granted, the Licensee agrees to indemnify
and hold harmless the Railroad from any Loss which is due to or arises from any cause and is associated in whole or in part with
the work performed under this agreement, a breach of the agreement or the failure to observe the health and safety provisions
ROE ExA 920316 Page 2 of 3 Exhibit A
Form Approved, AVP-Law To Right of Entry Agreement
BUILDING AMERICA- /
ROE ExA 920316
(~~ Fprrn Approved, AVP-Law
herein, or any activity or omission arising out of pertormance or nonperformance of this agreement; regardless of whether caused
solely or contributed to in pert by the negligence or fault of the Railroad.
c). Any liability of either party hereunder to are of its employees order any +Norkers' compensation Act or the Federal
Employers' L~abikity Act sh211 not be questioned or in any why challenged by the other party, nor shall any aury or court findings,
resukting from any employee's snit against either ~artY pursuant to any such Act{s), be relied upon or used b]+ either party in any
at#empt to assert common Isw liability against the other-
section 10 - RE~T~RATION ~F PR~R~I~TY.
In the event the Railroad aukhorizes the Licensee to take flown any fence of the F2$ilrp2d or in any manner move or disturb any of
the other property of the Railroad in connection with the work to be performed 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 same condition as the carne were
in before such fence was takt~n down or such other property was moved or disturbed, and the Licensee shall indemnify 2nd hold
harrrrless the Railroad, its officers. 2gents and employees, against and frorrM arty and all liability, lass, damages, cl2ims, dem2n~5,
costs and expenses of whaksoe~+er nature, arising from the t2king down of ar~y fence or the moving or disturbance of any other
property of the Railroac[,
ectiorti 41 - UVAI11EF2 OF BREACH,
The waiver by the Railroad of the breach of any condition, covenant or agreement herein contained to be kept, observed and
performed by the Licensee shill in no way impair the right of the Railroad to avail itself of any remedy far any subsequent breach
tt'i ereof.
section ~ 2 - AIGf~fM~NT - UB~ONTRACTING.
The Licensee shall clot assign, sublet or subcontract this agreemen#, or any interest therein, without the w~it#en consenk of the
Railroad and any attempt to so assign, sublet or subcontract without the written consent of the Railroad sh211 be +~oid, If the Railroad
gives the Licensee permission to subcontract all or 2ny laonion of the work herein described, the Licensee is and srtiall remain
responsible for 211 work of subcontractors once 211 work of subcontractors shall be governed by the terms of this agreement.
ROEr ExA 920316 f'nge 3 of ~ t=x~ibit A
Form Appro+rett, AVP-Law To Right of Entry Agreement
- RE«E ExA-y g~0a~5
. ~ 6VIiDING AMERICA' ( ; ~ Form Approved. AVA-L8w
~~ EXHIBIT A-1
- TO RIGHT ~f" ENTRY AGREEA+IENT
If~~URAfdE REQUIREMENT
Licensee sham, at its sale cost 2nd expense, precure and maintain during the life of this Agreement the following insurance
coverage:
A. Cemmer~ial General Liability insurance. This insurance shall contain broad form contractual liabiliky+ With a single Gimi# of
at least 5,000,00 each ~ccurrerGCe or cl2im and an aggregate limit of at least t8,U00,000. Co~+erage mus# be
purchased or, a pos# 1988 ISM or e(}uivaler~t form, including but not limited #o co+~erage for the following=
• Bodily injury including death and personal injury
• Property damage
• Fire legal liabili#y (Nol less #han the replacement value of the portion of the
premises occupied}
• Products 2nd corrwple#ed operations
The policy shall also contain the following endorsements which shall be indicated an the cer#ifica#e of insurance:
• "For purposes of #his insurance, Union Pacific Railroad payments related to the Federal Em#loyers Li2~biGty Ac#
or a Union Pacific Vl+age antinu2tion Rrograrrr or similar programs are deemed not to be either payments
made or obligations assumed under any +Norkers ~ompensa#ion, diSabili#y benefits, ar unemployment
compensation law or similar law." -
• The exclusions for railroads {excep# where the Job bite is more
than fif#y feet (~0') from any railroad including but not limited to
tracks, 1~ridges, trestles, roadbeds, terminals, underpasses or
crossings}, and explosion, collapse and underground hazard
shall be removed,
• ~o,rerage for Licensees (and Railroads) employees shall not
be excluded
• V4+aiver of subrogation
B. Business Automobile oyeraue insurance, This insurance shalt contairf a combined singae limit of a# least $~,QO8,080
per occurrence or claim, including but hat limited to coverage for the following;
• Bodily injury and property damage
• Any and ail motor vehickes including owned, hired and non-owned
The policy shall also contain the following endorsements wftiich shall be indicated on the certifGC2te of insurance=
• "For Qurpases of #his insurance, Union Pacific Railroad payrents related to the federal Employers Liability Act
ar a Unaan Pacific +age ~ar~#inua#iqn Program or similar programs are deemed flot to be either payments
made or obligations assumed under any UVorkers compensation, disabili#y benefits, or unemployment
compensation law or similar law."
• The exclusions for railroads {except where the Job bite is more
than FFty feet (50') from any railroad including bu# np# limited to
tracks, bridges, #restles, roadbeds. terminals, underpasses or
crossin8s), and explosion, collapse and underground hazard
shall be removed.
• Motor farrier Act Endorsement- Nazar~ous materials clean up (M~-90)
- Workers Campe.nsation and Employers Liability insurance ir~Gluding but not limited to:
• Li~er~see's statutory liability under the workers' compensation laws of the states} affec#ed by this Agreement
• Employers' Liability (Part B) with limits of at least
$5QO,OOg each accidenk, X500,008 disease policy limit
$SQO,OOQ each employee
if +Norkers compensation insurance will not cover the liability of ~iGensee in states that require parkicipotion instate
workers' compensation fund, Licensee shalt comply wi#h the laws of such st2~tes. if Licensee is self-insured, et+id2nee
RoE ExA-'i s2o316 Page 1 oi` ~ l=xhibit A-7
Farm A~praved, AVP~Law To Right Of Entry Agreeman#
' ,^., ; - -, ROE Ew4-1 920376
BUIUpiwo AMERICk' !~~ ~ ~ Form Approved, AVP-Law
_i~
of skake approval must be provided along with e~+idence of excess vrorkers compensation Overage, coverage shall
include liability arising auk of khe U. . longshoremen's and Harbor Vti+orkers' Ack, khe Jones Ac#, and the Outer
- Oankinental shelf Lend Act, if applicable-
Thepolicy shall also captain the following endorsement which shall be indicated an the cerlif,Cate pf insurances
• AI[emate Ernployer Endorsement
D Umbrella or excess Policies In the evenk Licensee uFilizes Umbrella or excess policies, these ~alicies shall "follow Form'
end afford no less coverage Fhan the primary policy.
f= f~ailroad Protective Liabilit insurance naming only the Railroad as the insured wiFh ~ combined single limit of
~2,Og0,040 per occurrence wi#h a ~6,O~Q,00~ aggregate, Tire policy shall be broad form coverage for "Physical
Damage Fo Properky" (ISO dorm 0~ 3~ 07 99 or equivalent). A binder skaking khe policy is in place must be
s~rbmil#ed to the Railroad until the original policy is forwarded to khe Railroad.
Okher f2equiremenks
F_ Punitive damage exclusion rrsusk be deleted, which deletiork shall be indicated on the certifioake of insurance.
_ Licensee a+~rees to +rraive its righk of reca~+ery, and its insurers, through policy endorsement, agree to waive their right of
subrog2tian against Railroad- Licensee further waives iks right of recovery, and its insurers also waive Fheir righk of
subrogation against Railroad for Ioss of its owned or leased property or property under its care, custody and control.
Licensee's insurance shall be primary with respect Fo 2ny insurance carried by Railroad. All waivers of subrogakion shall
ire indicated on the certiFicate of insurance,
FC_ All paiicy(ies} required above (excluding UVarkers Oompensatian} shelf provide severability of interests and shell name
Railroad as an additional insured, ~e+rerability of inkeresk and naming Railroad 25 additional insured shall be indicated
orl the Cerkificate of insurance_
I. Prior ko Commencing the Work, Licensee shall famish to Railroad original certificate{s) of insurance e+ridencing khe
required coverage, endorsements, and amendments, The certi~icate(s} shall contain a provision that at}ligates the
insur~nte company(ies} issuing such policy(ies) #o notify Railroad in writing of any c2nCefl$tipn or makerial alteration-
L~pon request from Railroad, a certified duplicate original of any required policy chaff be famished,
J_ Any ins~rrance policy shall be wriFken by a reputable insurance comp2ny 2CCeptable to Railroad or with a current 9esF's
lnsur2~nce guide Rating of A- and Class VII or backer, 2nd authorized to do business in the state{s) in which the ser~aCe
i5 to be provided-
Agreement and acknowledges that Licensees insurance coverage will be primary,
L. If Licensee tails to procure and main#ain insurance as required, Railroad may elec# to do so a# the cos[ of licensee plus
a 2~°l~ adminis#ra#ion fee_
M. The fact thak insurance is obtained by Licensee or Railroad on behalf of Licensee shall not be deemed to release or
diminish the liability of Licensee, including, without limitation, liability under Fhe indemnwty prCVisions of this Agreement.
Damages recoverable by Railroad shall not be limited by the amount of khe required insurance coverage.
FLOE ExA-1 920376 Page ~ of exhibit A-t
Form Approved, A~+P-haw To Right of Entry Agreement
•. ~ euaeiNC AM~tica -- ~`.: Ul'Rft Folder No_: 2334-41
CONTRACTOR'S :ENDORSEMENT
A. As a condition to entering upon L•icensor's right-of--way to perform work pursuant to this
Agreement, I~icensee's contractor:
f~ ~
('-d V1~1
of ~ "
(hereinafter "Contractor" agrees to comply with all the terms and provisions of this Agreement
relating to the work to be performed and the insurance requirements set forth in Exhibit A-1.
B. Before the Contractor commences any work, the Contractor will provide the Licensor with a
certificate issued by its insurance carver providing the insurance coverage required pursuant to Exhibit
A-1 in a policy which contains the following type endorsement:
is named as an additional insured with respect to all liabilities arising out of Insured's
performance of work on behalf of the Licensee.
B. All insurance correspondence shall be directed to:
Senior Manager Contracts
Union Pacific Railroad Company
1400 Douglas Street V1S 1690
Omaha, Nebraska 68179-1690
UPRR Folder No.: 2334-41
~WITI~IESS:
s~.~~ ~o~ ~ Pa ~,~ 4 ~,
(1ltame of COntraGt )
Title: V ~(.e !~i-t° S
Contractor's Endorsement
To Right of Entry Agreement
~,~
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V $ , ~~"~
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t1tlgUSt f f, 2U05
IJPRR l~older No. 2334-41
1~'llt LUU~S CRAP
CTT~' UT+ SPUhAIY~ VAi.,T.,F.I'
1.]707 P SI'12AGUE AVT
SPUKAI\`L ~~ALLEY OVA ~~)21(i
17ear 1\~Ir. Graf:
Attached is your origrinal copy of the Ritrlrt-ref Frru•v Agreement, fully executed on behalf c>f' the Railroad
Company.
You are hereby authorized to proceed «~ith the work upon proper notification to the Railroad Company's
I\~Tanager of Track IViainten~tnce. 1n accordance with t.hc terms of the 1tiLht-of--entry Agreement., 4S hours advance
notification upon entering the Railroad C;omptrny's right of way shall be given to the following office:
A~urk Ruhinn
Mnrruger Truck A4uirrtenairce.
Uraiorr P~rcificRuilr~ad Comparrt~
R'-4315 .Spru,sn~e Averrr~e.
Spvk~ure, WA J9Z12
Phurre: (SO)) 53G-5233
T'ur ~ 0119) 53G-5205
«'hen you or your representative enter the Railroad Company's property, a copy of this fully executed
document must be available at the site to lye shown on request: to any Railroad employee or official. Should you have
any questions, please contact me.
ly Y
Se. ' r •rnagcr :ontlacts
phone: ( -44-Sfi2U
e-mail: p~nrrell a up.conr
Real Estate
UNION PACIFIC RAILROAD
di;tciY?e.ltr 1900 Douglas Srreet, Stop 1690
Omaha, Nebraska G8179-]E90
Es. (90Z) 501-11340
1.