Audit # 158622 North Ninth Street (at West Pine & West North)B.W ZANDBERGEN
ASSISTANT VICE PRESIDENT
ROOM 1100, 1416 DODGE STREET
OMAHA, NEBRASKA 681791100
(402)271-3753
FAX (402)271-5493
UNION PACIFIC RAILROAD COMPANY
CONTRACTS& REAL ESTATE DEPARTMENT
D DA. ANTHONY
fs DIRECTOR -CONTRACTS
D. .BROWN
DIRECTOR -REAL ESTATE SALES
D. H. LIGHTWINE
DIRECTOR -FIELD OPERATIONS
R. F NIEHAUS
DIRECTOR -SPECIAL PROJECTS
Crossing:Public W F. SOMERVELL
Ks - Salina DIRECTOR -JOINT FACUJTIES
9th Street
CCMS 803665
MAR 121992
MR. SHAWN O'LEARY
ASST DIRECTOR ENG. 7 UTIL.
DEPARTMENT OF ENGINEERING AND UTILITIES
CITY OF SALINA
P. O. BOX 736
SALINA, KS 67402-0736
Gentlemen:
Audit
Attached is your original copy of our agreement, fully executed on behalf of the Railroad Company.
If this construction is to be done by a contractor, before work can begin, the Contractor's Right of Entry
Agreement must be executed by the contractor and returned to me, together with their proof in insurance, as
provided in Article 6 of this agreement.
The Railroad Company has authorized the installation of fiber optic cable facilities on its property in
certain areas. Prior to using the Railroad Company's property covered herein, you should thoroughly review the
terms and conditions of this document and contact the Railroad Company at 1-800-336-9193 to determine if a
fiber optic cable is buried on the subject property.
In compliance with the Internal Revenue Service's new policy regarding their Form 1099, this is to
advise you that 13-6400825 is Union Pacific Railroad Company's correct Federal Taxpayer Identification Number
and we are doing business as a corporation.
All future insurance notices, if insurance is required by the agreement, should be forwarded to:
Director - Contracts
Union Pacific Railroad Company
1416 Dodge Street - Room 1100
Omaha, Nebraska 68179
In accordance with the terms of this agreement, 48 hours in advance of entering the right of way you
should arrange to notify our Superintendent's office:
Manager -Administration and Purchasing
Union Pacific Railroad Company
2801 Rock Creek Parkway
Kansas City, mo 64117
(816)245-2795
Since ely�u�rs��
RICHARD A. OLH MES
Contract Representative
THIS AGREEMENT, executed in duplicate thisL--day of �. 19 by
and between UNION PACIFIC RAILROAD COMPANY, A Utah corporation (here inafter--tti6'--
"Railroad"), and CITY OF SALINA, a municipal corporation of the St ate rqf`Kansas )
(hereinafter the "POLITICAL BODY"), WITNESSETH: F,ecnlGi#
RECITALS:
The Political Body has requested the Railroad to improve the existing crossing,
at grade, along, over and cross the Railroad's track and right of way at Mile Post
186.32 on the Salina Subdivision DOT No. 818386N in Salina, Kansas, to which the
Railroad is agreeable, but solely upon the terms and conditions hereinafter set
forth.
AGREEMENT:
NOW THEREFORE, in consideration of the premises and of the promises and
conditions hereinafter set forth, the parties hereto agree as follows:
1. The Railroad shall furnish all labor, material, equipment and supervision
for, and shall (a) remove four existing tracks through the crossing including
crossing timbers, rail, and ties. (b) remove the existing crossings on 6 tracks (c)
install six 60 ft. on six tracks (d) renew rail, crossties, and ballast, all at the
intersection of the Railroad's tracks with 9th Street at Mile Post 186.32 in Salina,
Kansas, as shown generally on the Railroad's Print dated December 18, 1991 attached
hereto and marked Exhibit "A".
2. Upon the billing the Political Body shall promptly pay the Railroad the sum
of Thirty Seven Thousand Eighty Dollars ($37,080) as the Political Body's fixed
portion of the costs of the work performed and materials supplied by the Railroad
pursuant to Section 1 above.
3. The Political Body agrees to provide, at it's sole cost and expense, all
traffic control and street surface work outside of the track tie ends.
4. The Railroad, at its cost, shall maintain the crossing(s) between the tie
ends. If, in the future, the Political Body elects to have the surfacing material
between the track tie ends replaced with paving or some surfacing material other
than timber planking, the Railroad, at the Political Body's expense, shall install
such replacement surfacing.
5.(a) Fiber optic cable systems may be buried on the Railroad's property.
Protection of the fiber optic cable systems is of extreme importance since any break
could disrupt service to users resulting in business interruption and loss of
revenue and profits. Political Body shall telephone the Railroad at 1-800-336-9193
(a 24-hour number) to determine if fiber optic cable is buried anywhere on the
Railroad's premises to be used by the Political Body. If it is, Political Body will
telephone the telecommunications company(ies) involved, arrange for a cable locator,
and make arrangements for relocation or other protection of the fiber optic cable
prior to beginning any work on the Railroad's premises.
(b) In addition to the liability terms elsewhere in the Agreement, the
Political Body shall indemnify and hold the Railroad harmless against and from all
cost, liability, and expense whatsoever (including, without limitation, attorney's
fees and court costs and expenses) arising out of or in any way contributed to by
any act or omission of the Political Body, its contractor, agents and/or employees,
that causes or in any way or degree contributes to (1) any damage to or destruction
of any telecommunications system by the Political Body, and/or its contractor,
agents and/or employees, on Railroad's property, (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 Railroad's property, and/or (3) any claim or
cause of action for alleged loss of profits or revenue by, or loss of service by a
customer or user of, such telecommunication company(ies).
6. If at any time any work on the Premises is performed by the political
body's Contractor/Subcontractor the Political Body's Contractor/Subcontractor will
enter into a contractor right of entry agreement hereto attached and marked Exhibit
B and provide the Railroad with a Certificate issued by its insurance carrier
providing the insurance coverage required, pursuant to Exhibit C-1 of the right of
entry agreement, in a policy containing the following endorsement:
"Union Pacific Railroad Company is named as additional insured with respect to
all liabilities arising out of Insured's performance of the work."
The Political Body WARRENTS that this agreement has been thoroughly reviewed by
its insurance agent(s)/broker(s) and that said agent(s)/broker(s) has been
instructed to procure insurance coverage and an endorsement as required herein.
7. The Political Body, for itself and for its successors and assigns, hereby
waives any right of assessment against the Railroad, as an adjacent property owner,
for any and all improvements made under this agreement.
8. Covenants herein shall inure to or bind each party's successors and
assigns; provided, no right of the Political Body shall be transferred or assigned,
either voluntarily or involuntarily, except by express written agreement acceptable
to the Railroad.
9. The Political Body shall, when returning this agreement to the Railroad
(signed), cause same to be accompanied by such Order, Resolution, or ordinance of
the governing body of the Political Body, passed and approved as by law prescribed,
and duly certified, evidencing the authority of the person executing this agreement
on behalf of the Political Body with the power so to do, and which also will certify
that funds have been appropriated and are available for the payment of any sums
herein agreed to be paid by the Political Body.
IN WITNESS WHEREOF, the parties hereto have duly executed this
Agreement as of the date and year first hereinabove written.
ATTEST:- `
its" tom: e1.;�1t:,
RAILROAD COMPANY
Vice
Pursuant to Resolution/Order
No.92-4`i 19 dated'
hereto attached.
Folder No.:
EXHIBIT B
CONTRACTOR'S RIGHT OF ENTRY
THIS AGREEMENT is made and entered into as of the day of . 19
by and between UNION PACIFIC RAILROAD COMPANY, a Utah corporation (hereinafter referred
to as the "Railroad"); and a corporation (hereinafter referred
to as the "Contractor").
RECITALS:
The Contractor has been employed by City of Salina for the construction of the
approaches and.surfacing )hereinafter referred to as the 'work') of 9th Street crossing
on property of the Railroad at or near Mile Post 186.32, on the Salina Subdivision,
The Contractor has requested the Railroad to permit it to perform the work and Railroad is
agreeable thereto, subject to the following terms and conditions.
AGREEMENT:
follows:
NOW, THEREFORE, it is mutually agreed by and between the Railroad and Contractor, as
1 I�Irr • n m �ryt: ml a
For purposes of this agreement, all references in this agreement to the Contractor shall include
the Contractor's contractors, subcontractors, officers, agents and employees, and others acting under its or
their authority.
.r wo a am a a)' •
The Railroad hereby grants to the Contractor the right, during the term hereinafter stated and
upon and subject to each and all of the terms, provisions and conditions herein contained, to enter upon
and have ingress to and egress from the portion of the Railroad's property at Mile Post , at or near , as
shown on the attached print dated, marked Exhibit B for the purpose of constructing a. The right herein
granted to Contractor is limited to those portions of the Railroad's property specifically described herein,
or designated by the Railroad representative named in Article 4.
C C -i #
Article 3. TERMS AND CONDITIONS CONTA2MD IN EXHIBrrS *-AND
The tons and conditions contained in Exhibits A and hereto attached, are hereby made a
part of this agreerrtent.
The Contractor shall bear any and all costs and expenses associated with any work performed by
the Contractor, or any costs or expenses incurred by the Railroad relating to this agreement. All work
performed by Contractor on Raihoad's property shall be performed in a manner satisfactory to the
respective local Superintendent of Transportation Services of the Railroad or his authorized
representative (hereinafter the Railroad Representative)
MENIFS-WITNAVI " ►/:YrI4W
A. The grant of right herein made to Contractor shall commence on
. and continue until unless sooner
terminated as herein provided, or at such time as Contractor has completed its work on Railroad's
property, whichever is earlier. Contractor agrees to notify the Railroad Representative in writing when it
has completed its work on Railroad property.
party -
B. This agreement maybe terminated by either party on ten (10) days written notice to the other
S r � 1 1:' _► y
A. Before commencing any work, the Contractor will provide the Railroad with a Certificate
issued by its insurance carrier providing the insurance coverage required pursuant to Exhibit A-1 of this
agreement in a policy which contains the following type of endorsement:
Union Pacific Railroad Company, is named as additional insured with respect to all liabilities arising
out of insureds, as Contractor, performance of any work on the property of the Railroad.
B. Contractor warrants that this agreement has been thoroughly reviewed by its insurance
agent(s)/broker(s) and that said agent(s)/broker(s) has been instructed to procure insurance coverage and
an endorsement as required herein.
C. All insurance correspondence shall be directed to: Union Pacific Railroad Company,
General Director - Contracts and Real Estate, Room 1100, 1416 Dodge Street, Omaha, Nebraska 68179.
Article 7. PROTECTION OF FIBER OPTIC CABLE SYSTEMS
Fiber optic cable systems may be buried on Railroad's property. 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 Contractor shall
telephone the Railroad at 1-800-336-9193 (a 24-hour number) to determine if fiber optic cable is buried
anywhere on the property set forth herein. If it is, the Contractor shall also comply with and be subject to
the provisions contained in Section 6 of Exhibit A.
Article 8. 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 Nebraska and Kansas 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.
IN WITNESS WHEREOF, the parties hereto have executed this agreement in duplicate as the date first
herein written.
WITNESS
UNION PACIFIC RAILROAD COMPANY
DIRECTOR -CONTRACTS
Name of Contracting Company)
By—
Title:
RKLOCATK 54' IT. Of RUBBER CROSSING HATIRIAL TO b SIDEWALK
CAOSSIIGS, 9 IT. EACH.
TRACK 437 (BACK TRACK) ---W 1314 RAIL
TRACK 13 (PASS)
SALINA SUB (MAIN)
311 RAIL
1334 RAIL
TRACK ICC 44 (SALINE VALLEY TERMINAL ELEVATORI 1311 RAIL
RETIRE 80 If. Of TIMBER WALK CROSSINGS ON 10 TRACKS.
1311 RAIL
INSTALL 60 If. PRECAST CONCRETE CROSSINGS O1 6 TRACKS.
RELAY 5 TRACKS 1311 RAIL WITH 78' 1331 RAIL, R11018 TRACK
RELAY 1 TRACK 1121 RAIL WITH 78' 1331 RAIL,
INSTALL 300 181 10' CROSS TIES, INSTALL 0TH, FABRIC, AND
U
T—
:RENOVE TRACK
RETIRE 597 T.F. Of fL. RAIL & ASPHALT CROSSINGS O1 7 TRACKS.
RETIRE 100 T. F. OF TIKBER CROSSINGS;ON 2 TRACKS.
RETIRE 390 T.F. OF 1311 RAIL AND 78 T.F. Of 1124 i
BEHOVE 300 - 9 FT. CROSS TIES, OTH, AND BALLAST
\J\ kEsr NOR\� c2EVq/pB '94C'f
T1
EC MCFyE'PS�N
�yE
TO MENOKEN I%-
CITY OF SALINA TO PAVE ROADWAY WHERE TRACES REMOVED AND
RESURFACE ROADWAY APPROACHES, AID PROVIDE TRAFIIC CONTROL.
UNION PACIFIC RAILROAD COMPANY
SALINA, KANSAS
9TH STREET, DOT 818386N
H.P. 186.32 SALINA SUB
Install 60' precast concrete crossings on 6 tracks,
relay rail, install cross ties, ballast, OTM, and
fabric. Retire 4 tracks through crossing. Relocate
54' rubber crossing as 6 - 9' sidewalk crossings.
Retire timber walk crossings and existing street
crossings as noted. City of Salina to provide traffic
control and resurface street. Coordinate crossing
work with City and Santa Fe to complete work quickly
while street is closed to traffic.
SCALE: 1" = 50'
DECEMBER 18, 1991 a iI
ROE 880702
Form Approved, AVP -Law
EXHIBIT C
Section I. NOTICE OF COMMENCEMENT OF WORK - FLAGGING.
The Licensee agrees to notify the Railroad Representative at least 48 hours 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 (such as, but not limited to, a crane boom) will reach to within 25 feet of any track. Upon
receipt of such notice, the Railroad Representative will determine and inform the Licensee whether a flagman
need be present and whether the Licensee need implement any special protective or safety measures. If any
flagmen or other special protective or safety measures are performed by the Railroad, such services will be
provided at Licensee's expense with the understanding that if the Railroad provides any flagging or other services
the Licensee shall not be relieved of any of its responsibilities or liabilities set forth herein.
Section 2. LEWITATION AND SUBORDINATION OF RIGHTS GRANTED.
(a) The foregoing grant of right is subject and subordinate to the prior and continuing right and
obligation of the Railroad to use and maintain its entire property including the right and power of the Railroad to
construct, maintain, repair, renew, use, operate, change, modify or relocate railroad tracks, roadways, signal,
communication, fiber optics, or other wirelines, pipelines and other facilities upon, along or across any or all parts
of its property, all or any of which may be freely done at any time or times 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 the Railroad to renew and extend the
same, and is made without covenant of title or for quiet enjoyment.
Section 3. NO INTERFERENCE WITH RAIIROAD'S OPERATION.
No work performed by Licensee shall cause any interference with the constant, continuous and
uninterrupted use of the tracks, property and facilities of the Railroad its lessees, licensees or others, unless
specifically permitted under this agreement, or specifically authorized in advance by the Railroad Representative.
Nothing shall be done or suffered to be done by the Licensee at any time that would in any manner impair the
safety thereof. When not in use, Licensee's machinery and materials shall be kept at least 50 feet from the
centerline of Railroad's nearest track, and there shall be no crossings of Railroad's tracks except at existing open
public crossings.
Section 4. PERMITS.
Prior to beginning any work, the -Licensee, at its sole expense; shall obtain all necessary permits to
perform any work contemplated by this agreement.
Section 5. MF.CHAMC'S LIENS.
The Licensee shall pay in full all persons who perforin labor -or provide materials for the work to be
performed by Licensee. The Licensee shall not permit or suffer any mechanic's or materialmen's liens of any kind
or nature to be enforced against any property of the Railroad for any such work performed. The Licensee shall
indemnify and hold harmless the Railroad from and against any and all hens, claims, demands, costs or expenses
of whatsoever nature in any way connected with or growing out of such work done, labor performed, or materials
furnished.
0703n
ROE 880702
Form Approved, AVP -Law
•matM aI!FS1rL�L.�lYalu6
If fiber optic cable is buried anywhere on the Railroad premises to be used by Licensee, the Licensee will
telephone the telecommunications company(ies) involved, arrange for a cable locator and make arrangements for
relocation or other protection of the fiber optic cable prior to beginning any work on Railroad's premises. In
addition to the liability terms elsewhere in this Agreement, the Licensee shall indemnify and hold the Railroad
harmless against and from all cost, liability and expense whatsoever (including, without limitation, attorney's fees
and court costs and expenses) arising out of or in any way contributed to by any act or omission of the Licensee,
its subcontractor, agents and/or employees, that causes or in any way or degree contributes to p) any damage to or
destruction of any telecommunications system by the Licensee and/or its subcontractor, agents and/or employees,
on Railroad's property, (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 Railroad's property and/or (3)
any claim or cause of action for alleged loss of profits or revenue by, or loss of service by a customer or user of,
such telecommunication company(ies).
Section 7. COMPLUNCE WITH LAWS.
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 laws, 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 harards 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 Licensee shall promptly notify the Railroad of any U.&. 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 a non -delegable duty to control its employees, while they are on the job site or
any other property of the. Railroad to be- certain they do not use, be under the' influence of, or have in their
possession any alcoholic beverage or illegally obtained drug, narcotic or other substance. -
(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. If flare -legged trousers are wom, the trouser
bottoms must be tied to prevent catching. The employees should wear sturdy and protective footwear. Employees
0703n
ROE 880702
Form Approved, AVP -Law
shall not wear boots (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 wom shall be:
(1) Protective head gear that meets American National Standard -Z89.1 -latest revision. It is suggested
that all hardhats be affixed with Licensee's or subcontractor's company logo or name.
(2) Eye protection that meets American National Standard for occupational and educational eye and face
protection, Z87.1 -latest revision. Additional eye protection must be provided to meet specific job situations such
as welding, grinding, 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
subcontractor's 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, costs, 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 Licensee'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 herein, or any activity or omission arising out
of performance or nonperformance of this agreement; regardless of whether caused solely or contributed to in part
by the negligence or fault of the Railroad.
In the event the Railroad authorizes the Licensee to take down any fence of the Railroad 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 same were in before such fence was taken down or such
other property was moved or disturbed, and the Licensee shall indemnify and hold harmless the Railroad, its
officers, agents and employees, against and from any and all liability, loss, damages, claims, demands, costs and
expenses of whatsoever nature, arising from the taking down of any fence or the moving or disturbance of any
other property of the Railroad.
0703n
ROE 880702
Form Approved, AVP -Law
Section 11. W
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 shall in no way impair the right of the Railroad to avail itself of any
subsequent breach thereof.
Section 12
The Licensee shall not assign, sublet or subcontract this agreement, or any interest therein, without the
written consent of the Railroad and any attempt to so assign, sublet or subcontract without the written consent of
the Railroad shall be void. If the Railroad gives the Licensee permission to subcontract all or any portion of the
work herein described, the Licensee is and shall remain responsible for all work of subcontractors and all work of
subcontractors shall be governed by the terms of this agreement.
0703n
EXM]rr C-1
Insurance Requirements
Political Body's Contractor/Subcontractor shall, at its own and/or its Contractoes/Subcontractoes sole cost and
expense, procure the following kinds of insurance and promptly pay when due all premiums for that insurance. If it so elects,
Railroad shall have the right to obtain such insurance and Political Body shall promptly reimburse Railroad for that expense. The
following insurance shall be kept in force and effect at all times during the progress of and until final completion of the Project
and/or any maintenance work done by the Political Body's Contractor/Subcontractor.
General Public Liability insurance providing bodily injury, including death, personal injury and property damage
coverage with a combined single limit of at least $2,000,000 each occurrence or claim and a general aggregate limit of at
least 54,000,000. This insurance shall provide Broad Form Contractual Liability covering the indemnity provisions
contained in this agreement, Underground Hazard, Broad Form Property Damage, a waiver of governmental immunity (ISO
Form GL 24 I4 or equivalent), severability of interests and name Railroad as an additional insured with respect to all
liabilities arising out of Political Body's obligation to Railroad in the Agreement. If coverage is purchased on a "claims
made" basis it shall provide for at least a three (3) year extended reporting or discovery period, which shall be invoked
should insurance covering the time period of this Agreement be cancelled.
Automobile Public Liability insurance providing bodily injury and property damage with a combined single limit of
at least $2,000,000 each occurrence or claim. This insurance shall provide contractual liability by endorsement ISO Form
CA 00 25 or equivalent covering all motor vehicles including hired and non -owned mobile equipment to the extent it may
be excluded from general liability insurance, severability of interests and name Railroad as an additional insured with
respect to all liabilities arising out of Political Body's obligation to Railroad in the Agreement.
Worker's Compensation insurance covering statutory liability as determined by the compensation laws of the state(s)
affected by the Agreement and Employer's Liability with a limit of at least 51,000,000. Also compliance with all laws of
states which require participation in their state worker's compensation fund.
Railroad Protective Liability insurance naming Railroad as insured with a combined single limit of $2,000,000 per
occurrence with a $6,000,000 aggregate. The policy form shall be AAR-AASRTO with broad form coverage for "Physical
Damage to Property" (ISO Form GL 00 30) or as revised ISO -RIMA (Form CG 00 35) and include pollution arising out of
fuels and lubricants brought to the job site (ISO Form CG 31 or equivalent). If the Lloyd's of London policy form is used,
limits shall be $3,000,000 per occurrence with a $9,000,000 aggregate and the Extended Claims Made Date shall be
determined by adding the length of the original policy period plus one year to the policy expiration date.
The Political Body and/or its Contractor/Subcontractor hereby waives its rights of subrogation, as respects the above
insurance policy(ies), against Railroad for payments made to or on behalf of employees of Political Body or its agents and for loss
of its owned or leased property or property under its care, custody and control while on or near Railroad's right-of-way or other real
property. Political Body's and/or it Contractoes/Subcontractoes insurance shall be primary with respect to any insurance carried by
Railroad.
The Political Body and/or its Contractor/Subcontractor shall furnish to Railroad certificate(s) of insurance evidencing
the required coverage and endorsement(s) and upon request a certified duplicate original of any of those policies. The insurance
compan(ies) issuing such policy(ies) shall notify Railroad in writing of any material alteration including any change in the
retroactive date in any "claims -made" policies or substantial reduction of aggregate limits, if such limits apply, or cancellation
thereof at least thirty (30) days prior thereto.
The insurance policy(ies) shall be written by a reputable insurance company or companies acceptable to Railroad or
with a current Best's Insurance Guide Rating of B and Class VII or better. Such insurance company shall be authorized to transact
business in the state(s) affected by this agreement.
Exhibit C-1
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