HomeMy WebLinkAboutPipeline Crossing Agreement with Idaho Northern & Pacific Railroad Lease site
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City of Meridian
Public Works Dept.
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To: Brad Walson
From: Lenard Grady ;RaJ
CC: Gary Smith
Date: 2/12/2004
He: Proposed Agenda Items for February 17, 2004 City Council Meeting
The Public Works Department respectfully requests the following ~em(s) be placed on the
February 17 City Council consent agenda:
Union Pacific Railroad Pipeline Crossina Aareement- Black Cat Attached is an agreement
with UPRR for a pipeline crossing. It appears to be their standard agreement and has been
reviewed by the City Attorney.
Recommended Council Action: The Public Works Department recommends
that City Council approve the Union Pacific Pipeline Agreement - Black Cat
and authorize the Mayor to sign It.
Well #26 Production Well - Contract wllh Hvdroloaic Attached is a proposal from Hydrologic
for bid preparation and oversight services for drilling of Well #26. Well #26 will be located
south of Chinden on Locust Grove.
Recommended Council Action: The Public Works Department recommends
that City Council approve the $20,575.00 contract with Hydrologic for oversight
services on the drilling of Well #26 and authorize the Mayor to sign it.
Geoaraohic Information Svstems (GIS) Hardware. Software. and Installation Services
Contract with HDR In July of 2003, we completed a GIS Preliminary Assessment which
mapped out the strategy for implementing GIS at Public Works. Based on the results 01 that
study, we have finalized an agreement with HDR 10 proceed with the implementation of GIS.
. Attached is an agreement wllh HDR for purchase of hardware, software, and
consulting services for $146,000. I have enclosed a brief summary of the
deliverables we can expect from this project. If additional inlormation is
required on the capabilities of GIS. I recommend that we have HDR prepare a
demonstration for the City Council for the following week.
From ttwdcsk (If...
Leilani Grady
S1affEngineer
Mcridi1lll Public Works Department
660 E. Watcrtower. Suite 200
Meridian, Idaho 83642
. Page 1
(208) 898-5500
Fax; (208) 898-9551
gmdy1@m:ridiancity.org
RESOLUTION
WHEREAS, UNION PACIFIC RAILROAD COMPANY has tendered to CITY OF
MERIDIAN, IDAHO an agreement covering a pipeline crossing .at Meridian, Ada County,
Idaho; and
WHEREAS, the City Council of CITY OF MERIDIAN, IDAHO has said proposed
agreement before it and has given it careful review and consideration; and
WHEREAS, it is considered that the best interests of said City will be subserved by the
acceptance of said agreement;
THEREFORE, BE IT RESOLVED by City Council of CITY OF MERIDIAN, IDAHO:
That the terms of the agreement submitted by UNION PACIFIC RAILROAD
COMPANY as aforesaid be, and the same are hereby, accepted on behalf of said City;
That the Mayor of said City is hereby authorized, empowered and directed to execute said
agreement on behalf of said City and that the City Clerk of said City is hereby authorized and
directed to attest said agreement and to attach to each duplicate original of said agreement a
certified copy of this Resolution.
STATEOF Idaho )
) ss
COUNTY OF Ii dtrv )
I, Ni /1 lam- G. l3er.9 I Ji-, City Clerk of CITY OF MERIDIAN,
IDAHO, hereby certify that the above and foregoing is a true, full and correct copy of a
resolution adopted by the City Council of CITYtfF MERIDIAN, IDAHO at a meeting held
according to law at Meridian, Idaho, on the 17 - day of ;=~6;-U4r-j ,200 f,-as the
same appears on file and ofrecord in this office.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the corporate seal
of said ity,this 17~ dayof r.R6r~:J ,200~
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City Clerk of CITY OF M AN, IDAHO I () _..ool'\POR.4)~ ~ '\
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PL X 940206
Form Approved, A VP-Law
Folder No: 02226-10
PIPELINE CROSSING
AGREEMENT
Mile Post: 460.650, Boise Subdivision (Idaho Northern & Pacific Railroad Lease site)
Location: Meridian, Ada County, Idaho
THIS AGREEMENT is made and entered into as of January 8, 2004, by and between UNION
PACIFIC RAILROAD COMPANY, a Delaware corporation (hereinafter the "Licensor"), and CITY
OF MERIDIAN, IDAHO, an Idaho municipal corporation, whose address is 660 E Watertower Lane
Suite 200, Meridian, Idaho 83642 (hereinafter the "Licensee").
IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS
FOLLOWS:
Article I.
LICENSE FEE
Upon execution of this Agreement, the Licensee shall pay to the Licensor a one-time license fee
of ONE THOUSAND FIVE HUNDRED DOLLARS ($1,500.00).
Article II.
LICENSOR GRANTS RIGHT.
In consideration of the License Fee to be paid by the Licensee and in further consideration of the
covenants and agreements herein contained to be by the Licensee kept, observed and performed, the
Licensor hereby grants to the Licensee the right to construct and thereafter, during the term hereof, to
maintain and operate only a
dual water and sewer pipeline crossing (hereinafter the "Pipeline")
in the location shown and in confOlmity with the dimensions and specifications indicated on the attached
prints dated January 8, 2004, marked Exhibit A and A-I. Under no circumstances shall Licensee modify
the use of the Pipeline for a purpose other than the above-mentioned, and said Pipeline shall not be used
for any other use, whether such use is currently technologically possible, or whether such use may come
into existence during the life of this Agreement.
Article III.
CONSTRUCTION, MAINTENANCE AND OPERATION.
The grant of right herein made to the Licensee is subject to each and all of the terms, provisions,
conditions, limitations and covenants set forth herein and in Exhibit B, hereto attached.
.!
Article IV.
IF WORK IS TO BE PERFORMED BY CONTRACTOR.
If a contractor is to do any of the work performed on the Pipeline (including initial construction
and subsequent relocation or substantial maintenance and repair work), then the Licensee shall require its
contractor to execute the Railroad's form Contractor's Right of Entry Agreement. Licensee acknowledges
receipt ofa copy of the Contractor's Right of Entry Agreement and understanding of its terms, provisions,
and requirements, and will infom1 its contractor of the need to execute the Agreement. Under no
circumstances will Licensee's contractor be allowed onto Licensor's premises without first executing the
Contractor's Right of Entry Agreement.
Article V.
INSURANCE
A. The Licensee, at its expense, shall obtain the insurance described in Exhibit B-1, hereto attached.
The Licensee will also provide to the Licensor a Certificate of Insurance, identifying Folder No.
02226-10, issued by its insurance carrier confirming the existence of such insurance and that the
policy or policies contain the following endorsement:
UNION PACIFIC RAILROAD COMPANY is named as an additional insured
with respect to all liabilities arising out of the existence, use or any work
performed on or associated with the 'Pipeline' located on Railroad right-of-way at
Mile Post 460.650 on the Boise Subdivision (INPR Lease site), at or near
Meridian, Ada County, Idaho.
B. If the Licensee named in this Agreement is a public entity subject to any applicable statutory tort
laws, the limits of insurance described in Exhibit B-1 shall be the limits the Licensee then has in
effect or which is required by applicable current or subsequent law, whichever is greater, a
portion of which may be self-insured with the consent and approval of the Licensor
C. All insurance correspondence shall be directed to:
Folder No. 02226-10
Union Pacific Railroad Company
Real Estate Department
1800 Farnam Street
Omaha, NE 68102
Article VI.
TERM.
This Agreement shall take effect as of the date first herein written .and shall continue in full force
and effect until terminated as herein provided.
Article VII.
SPECIAL PROVISIONS -- NONE
.,1.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of
the date first herein written.
UNION PACIFIC RAILROAD COMPANY
CITY OF MERIDIAN, IDAHO
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Manager - Contracts
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PLAC~ ARROW INDICATING NORTH
,:IR~ION RELATIVE TO CROSSING
FORM DR- 0404- B
REV. 5- IS-98
ENCASED NON~FLAMMABLE
PIPELINE CROSSING
NO SCALE
l.l... FT.
lkFT.
(SEE NOTE J a 5)
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TO Nf'\l'\ff'. '"t,
(NEAREST A.P:. TOWN) ,,"'j
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lI. MAIN TRACK
(DISTANCE ALONG TRACK FROM SECTION LINE CROSSINGl
1'2. FT.
(NOTE: THIS DIMENSION REQUIRED IN ALL CASES.
il.T LOtAHONS NOT USING SECTIONS, DISTANCE
TO A LEGAL SURVEY LINE [5 R[a~I~E:D)
AR'S RIW- ..
~I'
~I
I
ICO FT.
'I'll
r"".OIST
Sl!IsNote2)
4,5 FT
[4.5FT ",iN.)
(20 FT. MAX.)
r CASING PIP [SI;lI;l Note <1)
"T
20 --1 IS FT,j
30 FT. '1'(
bOFT.
/00 FT.
NOTES; (CASING LENGTH wHEN"'MEASURED ALONG PIPELINE.)
II ALL HORIZONTAL DISTANCES TO BE MEASURED AT RIGHT ANGLES FRONCE. or TRACK.
Zl CASING TO EXTEND BEYOND THE'- OF TRACK AT RIGHT ANGLES THE GREATER OF 20 t 20 FT., DR 30 FT.,
Al'Il BEYOND LIMIT or RAILROAD RIGHT-Of-WAY IF NECESSARY TO PROVIDE PROPER L.ENCTH OUTSIDE OF' TRACK.
3! M]NUA./M OF' 50' FROM THE END OF ANY RAILROAD BRIDGE, q, OF ANY CUlVERT, OR FROU ANY SIIITCHING AREA.
4! SlGNAL REPRES[NTAl(vE MUsr BE PRESENT DURING JNSTALLATlDN If RAILROAD SIGHALS ARE IN THE VICINITY OF CROSSING.
S! ALLOWABLE FIXED OBJECTS INCLUDE: BACICWAlLS OF BRIDGEs.; q, OF ROAD CROSSINGS 8 OVERHEAD VIA.CUCTS (GIVE ROAD NAMEI, DR CULVERTS.
61 CASING AND CARRIER PIPE t.IlJST BE PlAC€O A MINIMUM OF 2' fEET BELOW THE EXISTING FIBER OPTIC CABLE. ANY EXCAVATION REOUIRED WITHIN
5 FEET OF THE EXISTING FIBER OPTIC CABLE NUST BE HAND DUG.
A) IS PIPELINE CROSSING WITHIN DEDICATED STREET ?~YES;~NO;
BI IF YES, NAME OF STREET N. 'E...P'U(. eM 'K:6A1':)
OJ DISTRIBUTION LINE ....- OR TRANSMISSION LINE
CJ CARRIER PIPE:
COMMODITY TO BE CONVEYED WA,G'R,
OPERA T I NG PRESSURE tq 0 PSI ,1 .
WALL THICKNESS 0.'7:53 'DIAMETERI3.2...0 .MATERIAL 'F''' c..
EI CASING PIPE: ~ ~ ,;
WALL TH I CKNESS~/~/ ;D'j'AMETER ZI:L5" ,MATER I AL <',;.rEEI.- ;
NOTE :CASING MUST HAVE 2" CLEARANCE BETWEEN GREATEST
OUTSIDE DIAMETER OF CARRIER PIPE AND INTERIOR DIAMETER OF
CASING PIPE. WHEN FURNISHING OIMENSIONS, GIVE OUTSIOE OF
CARRIER PIPE AND INSIDE OF CASING PIPE.
FI METHOD O~INSTALLING CASING PIPE UNDER TRACKISI:
~DRY BORE AND JACK (WET BORE NOT PERMITTED) ;
_ TUNNEL ; OTHER
GJ WI~ CONSTRUCTION BE BY AN OUTSIDE CONTRACTOR?~YES,----NO;
HI DISTANCE FROM CENTER LINE OF TRACK TO NEAR FACE OF BORING AND
JACKING PITS WHEN MEASURED AT RIGHT ANGLES TO TRACK ~o
I I APPL I CANT HAS CONTACTED 1- BOO- 336- 9193, 1'0' "'N,)
U. P. COMMUN~ION DEPARTMENT, AND HAS DETERMINED FIBER
OPTIC CABLE DOES ;_DOE5 NOT; EXIST IN VICINITY OF
WORK TO BE PERFORMED. TICKET NO. 0 7 I n () :3
"
"
@
"
"
"
"
,
50FT.
NOTE: ALL AVAILABLE DIMENSIONS MUST BE
FILLED IN TO PROCESS THIS APPLICATION.
@
FT.
FT.
(SEENOTE3a 5)
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Rft'S R/W
.IJFT.
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~~ TO MliRlblhN
...J (NEAREST R.R. TOWNl
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tee" FT.
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STEEL CASING WALL
THICKNESS CHART
MINIMUM DIAMETER Of"
THICKNESS CASINO .PIPE
.2500- 1/,4" 12" OR LESS
.3125- 5/16" OVER 12"-IS"
. 3750. 3/8" OYER 18"-22"
.4315- 7116" OYER 22"-28"
.5000. 1/2" OVER 28"- 34"
.5625- 9/16" OVER 34"- 42"
.6250. 5/8" OVER 42"- 48"
OVER 48" MUST BE
APPROVED BY R. R. CO.
NOTE: THIS CHART IS ONLY
FOR SMOOTH STEEL CASING
PIPES WITH MINIMUM YIELD
STRENGTH OF 35,000 PSI.
~ DESCRJBE FIXED OBJECT)
(SEE: NOTE: 5)
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FT.
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100q.
FORMULA TO FIOURE CASINC
LENGTH WITH ANGLE OF
CROSSING OTHER THAN 900
B ,>
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B
MlN. Dl5T.
(NOTE 2)
SUBCFlADE
OB
t
SEAL CASINC
EXHIBIT "A"
(~OA R.lILAOAO IIS[ ONLY!
CO.
E. S. l~'H\'" ~
CROSSING
ZD
AT
UNION PAC[FIC RAILROAD
B"'l~t-C L...\,,,l. 't> :tNI'R.)
ISUBDIVISION1
M. P 'l~o.~c;'
ENCASED
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ISUTEl
RR
WAR N I N G
1N ALL OCCASIONS, U. P. COtoWUNrCATlONS
DEPARTLENT J.UST BE CONTACTED IN ADVANCE
or ANY WORK TO DETERMINE EXISTENCE AND
LOCATION or fiBER OPTIC CASLE.
PHONE: 1-800-336-9193
L': CAFlRIER PIPE
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aQFT.
c..l:....c..
AllER f\)A.16 :It I
FORM DR-0404-B
REV. 5- 15- 98
ENCASED NON~FLAMMABLE
PIPELINE CROSSING
NO SCALE
NOTE: ALL AVAILABLE DIMENSIONS MUST BE
FILLEO IN TO PROCESS THIS APPLICATION.
@
FT.
U>'16FT.
(SEE NOTE;:! a 5)
FT.
...L FT.
(SEE NOTE 38 5)
TO tJA'MPA
CNEARESTFl.R.
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t IILIe- (<<1' R\ J
DESCAIBE FIXED OBJECT
ISEE NOTE 5]
"'" "fe>. 55'. 2.?~'
(ANGLE OF CROSSING)
RA'SA/W
I 1
.I~FT.
"
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"~
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i
TO f1fRfbl t'\!\I _
(NEAREST A,R. TOWN)
I DISTANCE ALDN" TRACK FADM SECTION LINE CROSSING)
1i""1~ I-JSS!(',j: s:gc:.Tlb:J \...l/<:le
(NoTE: THIS DIMENSION REaU[REO IN ALL CASES.
AT LOCATIONS NOT USING SECTIONS, DISTANCE
TO A LEGAL SURVEY LINE IS R[O';.I~ED)
\\)0 FT.
@ j
FlA'S R/W--
~'
~I
I
100FT. 11"( rT. l 150q.
r"''''"' , .
See Note 2)
i
SEAL CASINC
SEAL CASING
"/ ,
/ L: CAFlRIIiR PIPE ,
'~I
I
2D -l1"T.j
@FT. II<.
1'2..0 FT.
120 FT.
NOTES: (CASING LENGTH WHEN"'MEASURED ALONG PIPELINE.)
I) ALL HORIZONTAL O[STANCES TO BE MEASURED AT RIGHT ANGLES FROt.lCl OF TRACK..
Zl CASING TO EXTEND BEYOND THEft OF TRACK AT RIGHT ANGLES THE GREATER OF 20 + 20 FT., OR ~O FT.t
AND e~YONO LlYIT OF' RAILROAD RIGHT-Of-WAY IF' NECESSARY TO PROVIDE PROPER LENGTH OUTSIDE OF' TRACK.
31 MINIt.4UU OF 50' FROh.4 THE END OF ANY RAILROAD BRIOCE. 'll OF ANY CULVERT, OR FROM ANV' SWITCHING AREA.
41 SlCNAL REPRESENTATIVE t.lUiT BE PRESENT DUR[NG INSTALLATION IF RAILROAD SIGNALS ARE [N THE VICINITY OF CROSSING.
SI ALLOWABLE FIXED OBJECTS INCLUDE: BACKWALLS OF BRIDGES; q, OF ROAD CROSSINGS B OVERHEAD VIADUCTS CGIVE ROAD NAMEI, OR CULVERTS.
61 CASING AND CARRIER PIPE I,iIUST BE PLACED A MIN[MUM OF 2 FEET BELOW THE EXISTING FIBER OPTIC CABLE. ANY EXCAVATION REOUIRED WITHIN
5 FEET OF THE EXISTING FIBER OPTIC CABLE MUST BE HAND DUG.
/
/
@
/
/
,
5 FT.
I.
tJ:,o F'T.
Al IS PIPELINE CROSSING WITHIN DEDICATED STREET ? YESi~NDi
Bl IF YES, NAME OF STREET N. BUV.I<. cA'r "OAb
Dl DISTRIBUTION LINE OR TRANSMISSION LINE .......-
Cl CARRIER PIPE: .
COMMOD ITY TO BE CONVEYED ~t:. W AC:rE
OPERAT I NG PRESSURE 0 PS I I<
WALL THICKNESS l.o'l!'." ;OIAMETER s9.~1 ;MATERIAL 7vc
EI CASI~~Lrl~~I~KNESS ~/B" :DIAMETER4to:1S";MATERIAL $lG:eL ;
NOTE :CASING MUST HAVE 2" CLEARANCE BETWEEN GREATEST
OUTSIDE DIAMETER OF CARRIER PIPE AND INTERIOR DIAMETER OF
CASING PIPE. WHEN FURNISHING OIMENSIONS, GIVE OUTSIOE OF
CARRIER PIPE AND INSIDE OF CASING PIPE.
Fl METHOD OJ; INSTALLING CASING PIPE UNOER TRACKISI:
~ORY BORE AND JACK (WET BORE NOT PERMITTED) i
_ TUNNEL i OTHER
GI WI~ CONSTRUCTION BE BY AN OUTSIDE CONTRACTOR?~YESi_____NO;
H) DISTANCE FROM CENTER LINE OF TRACK TO NEAR FACE OF BORING AND
JACK I NG PITS WHEN MEASURED AT RI GHT ANGLES TO TRACK 3: c>
II APPLI CANT HAS CONTACTEO 1- 800- 336- 9193, 130' MIN. 1
U. P. COMMUN~ION DEPARTMENT, AND HAS DETERMINED FIBER
OPTIC CABLE DOES i_OOES NOT: EXIST IN VICINITY OF
WORK TO BE PERFORMED. TICKET NO. 0 "7 I 0 0:::
STEEL CASING WALL
THICKNESS CHART
MINIMUM DIAMETER OF
TH I CKNESS CAS I NG PIPE
.2500" 1/4" [2- OR LESS
. 3[25" 5116" OVER [2"-18"
. 3150" 3/8" OVER [6"-22"
.4315" 7/16" OVER 22"-20"
.5000" 112" OVER 28"-34"
. 5625" 9116" OVER 34"-42"
. 6250- 5/8" OVER 42n- 40"
OVER 48" MUST BE
APPROVED BY R.R. CO.
NOTE: THIS CHART IS ONLY
FOR SMOOTH STEEL CASING
PIPES WITH MINIMUM YIELO
STRENGTH OF 35,000 PSI.
FORMULA TO FIGURE CASING
LENGTH WITH ANGLE OF
CROSSING OTHER THAN 900
B ,-
&'SiN st
,~
<.'
,I'
8
MIN.DIST.
(NotE ~)
tRACIl.
EXHIBIT "A" - 1
I FOR RAilROAD USE ONl.Y1
UNION
p.,. i~ (C
PACIFIC RAILROAD CO.
e.. L-.~..I~'" 't- HIf>A..1
I~E.o\RES~'n I~UN~ I lSUlEl
L:t'lY tJ~ ~pffit/
./ lAPPllCA~)
FILE NO..2Z26-!O DATE l.~'Loo'"
RR
WARNING
ISU60IVISICINI
E. S. lc;'L+\'1 t.
CROSSING AT
>A-
IN ALL OCCASIONS, U. P. COt.!MLtI[CATIONS
DEPARTl.ENT MJST BE CONTACTED IN ADVANCE.
or ANY WORK TO DETERMINE EXISTENCE AND
LOCATION OF FIBER OPTIC CABLE.
PHONE: 1-800-336-9[93
fi'L'X 9&0 III
Form Approved, A VP-Law
EXHIBIT B
Section 1.
LIMITATION AND SUBORDINATION OF RIGHTS GRANTED.
(a) The foregoing grant of right is subject and subordinate to the prtor and continuing right and obligation of the Licensor to
use and maintain its entire property including the right and power of the Licensor to construct. maintain, repair, renew, use,
operate, change, modify or relocate railroad tracks, signaL communication, fiber optics, or other vvirelines, pipelines and other
facilities upon, along or across any or all parts 01 its property, all or any of which may be freely done at any time or times by the
Licensor vvithout 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 (induding those in favor of licensees and lessees of
the Licensor's property, and others) and the right of the Licensor to renew and extend the same, and is made vvithout covenant of
title or for quiet enjoyment.
Section 2.
CONSTRUCTION. MAINTENANCE AND OPERATION.
(a) The Pipeline shall be constructed, operated. maintained. repaired, renewed, modified and/or reconstructed by the
Licensee in strict conformity with Union Pacific Railroad Co. Common Standard Specification 1029 adopted November 1949, and
all amendments thereof cmd supplements thereto, which by this reference is hereby made a part hereof, except as may be moclibed
and approved by the Licensor's Vice President-Engineering Services. In the event such Specification conflicts in any respect vvith
the requirements of any federaL state or municipallCllN or regulation. such requirements shall govern on all points of conflict, but
in all other respects the Specification shaIl apply.
(b) All work performed on property of the Licensor in connection 'With the construction, maintenance, repair, renewal,
modification or reconstruction of the Pipeline shall be done to the satisfaction of the Licensor.
(c) Prior to the commencement of any work in connection with the construction, maintenance. repair, renewal, modification,
relocation, reconstruction or removal of the Pipeline where it passes underneath the roadbed and track or tracks of the Licensor,
the licensee shall submit to the Licensor plcms setting out the method cmd manner of handling the work, including the shoring and
cribbing, if cmy, required to protect the Licensor's operations, and shall not proceed with the work until such plans have been
approved by the Vice President-Engineering Services of the licensor and then the work shall be done to the satisfaction 01 the Vice
President-Engineering Services or his authorized representative. The Licensor shall have the right, if it so elects. to provide such
support as it may deem necessary for the safety of its track or tracks during the time of construction, maintenance, repair. renewaL
modification, relocation, reconstruction or removal of the Pipeline. and. in the event the Licensor provides such support, the
Licensee shaII pay to ihe Licensor, within fifteen (5) days aIter bills shall have been rendered therefor. all expense incurred by the
Licensor in connection therevvith, which expense shall include all assignable costs.
(d) The Licensee shall keep and matntain Ihe soil over the Pipeline thoroughly compacted and the grade even with the
adjacent surface of the ground.
Section 3.
NOTICE OF COMMENCEMENT OF WORK.
If an emergency should arise requiring immediate attention, the Licensee shall provide as much notice as .practicable
to Licensor before commencing cmy work. In all other situations, the Licensee shall notify the Licensor at least ten (lO) days (or
such oth~r time as the Licensor may allow) in advance of the commencement of any work upon property of the Licensor in
connection vvith the construction, maintenance, repair, renewal, modification. reconstruction, relocation or removal of the Pipeline.
All such work shaII be prosecuted diligently to completion.
Section 4.
LICENSEE TO BEAR ENTIRE EXPENSE,
The Licensee shall bear the entire cost and expense incurred in connection vvith the construction, maintenance, repair
and renewal and any and all modification, revision, relocation, removal or reconstruction of the Pipeline, including any and all
expense which may be incurred by the Licensor in connection therewith for supervision, inspection, flagging, or otherwise.
plx.exb
Page I of4
Exhibit B
,RL X 980112
.form Approved, A VP-Law
Section 5. .
REINFORCEMENf. RELOCATION OR REMOVAL OF PIPELINE.
(0) The license herein granted is -subject to the needs and requirements of the Licensor in the operation of its railroad and
in the improvement and use of its property, and the Licensee shall, at the sole expense of the Licensee, reinforce the Pipeline, or
move all or any portion of the Pipeline to such new location as the Licensor may designate, whenever, in the furtherance of lis
needs and, requirements, the Licensor shall find such action"necessary or desirable.
(b) 1\11 the terms, conditions and stipulations herein expressed with reference to the Pipeline on property of the Licensor in
the location hereinbefore described shall, so far as the Pipeline remains on the property, apply to the Pipeline as modified,
changed or relocated vvithin the contemplation of this section.
Section 6.
NO INTERFERENCE WITH liCENSOR'S OPERATfON.
The Pipeline and all parts thereof within and outside of the limits of the property of the Licensor shall be constructed and,
at all times, maintained, repaired, renewed and operated in such manner as to cause no interference whatsoever vvith the constant,
continuous and uninterrupted use of the tracks, property and facilities of the Licensor, and nothing shall be done or suffered to be
done by the Licensee at any time that would in any manner impair the safety thereof.
Section 7.
PROTECTiON OF F1BER OPTIC CABLE SYSTEMS.
(a) Fiber optic cable systems may be buried on the Licensor's property. Protection of the fiber optic cabfe systems is of
extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and
profits. Licensee shalf tefephone the Licensor at 1-800-336-9 f 93 (a 24-hour number) 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(ie-s) involved, arrange for a cable locator, make arrangements for relocation or other protection of the fiber optic cable,
all at Licensee's expense, and will commence no work on the right of way until all such protection or relocation has been
accomplished. Licensee shall indemnify and hold the Licensor harmless from and against all costs, liability and expense
whatsoever (including, without limitation, attorneys' fees, court costs and expenses) arising out of or caused in any way by
Licensee's failure to comply with the provisions of this paragraph.
(b) In addition to other indemnity provisions in this Agreement, the Licensee shall indemnify and hold the Licensor harmfess
from and agatnst all costs, liability and expense whatsoever (including, without limitation, attorneys' fees, court costs and expenses)
caused by the negligence of the Licensee, its contractor, agents and/or employees, resulting in (I) any damage to or destruction
of any telecommunications system on Licensor's property, and/or (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 Ucensor's property, except if such costs,
liability or expenses are caused solely by the direct active negligence of the Licensor. Licensee further agrees that it shall not have
or seek recourse against Ucensor for any claim or cause of action for alleged loss of profits or revenue or loss of service or other
consequential damage to a telecommunication company using Licensor's property or a customer or user of services of the fiber
optic cable on Licensor's property.
Section 8.
CLAIMS AND liENS FOR LABOR AND MATERIAL; TAXES.
(a) The Licensee shalf fully pay for all materials joined or affixed to and labor performed upon property of the Licensor in
connection vvi.th the construction, maintenance, repair, renewal, modification or reconstruction of th~ Pipeline, and shall not permit
or suffer any mechanic's or materialman's lien of any kind or nature to be enforced against the property for any work done or
materials furnished thereon at the instance or request or on behalf of the Licensee. The Licensee shalf indemnify and hold
harmless the Ucensor against and from any and aHliens, claims, demands, costs and expenses of whatsoever nature in any way
connected with or growing out of such work done, labor performed, or materials furnished.
(b) The Licensee shall promptly pay or discharge all taxes, charges and assessments levied upon, In respect to, or on account
of the Pipeline, to prevent the same from becoming a charge or lien upon property ot the Licensor, and so that the taxes, charges
and assessments levied upon or in respect to such property shall not be increased because of the location, construction or
maintenance of the Pipeline or any improvement, appliance or fixture connected therewith placed upon such property, or on
account of the Licensee's interest therein. Where such tax, charge or assessment may not be separately made or assessed to the
Licensee but shall be included in the assessment of the property of the Licensor, then the Licensee shall pay io the Licensor an
equitable proportion of such taxe's determined by the value of the Licensee's property upon property of the Licensor as compared
plx.exb
Page2of4
Exhibit B
1'ICX 980112
Form Approved. A VP-Law
with the entire value of such property.
Section 9.
RESTORATION OF UCENSOR'S PROPERTY.
In the event the Licensor authorizes the Licensee to take dovvn any fence of the Licensor or in any manner move or disturb
any of the other property of the Licensor in connection vvith the construction, maintenance, repair, renewaL modification,
reconstruction, relocation or removal of the Pipeline, 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 Licensor, its officers,
agents and employees, against and from any and all liability, loss, damages, claims, demands, costs and expenses of whatsoever
nature, including court costs and attorneys' fees, which may result from injury to or death of persons whomsoever, or damage to
or loss or destruction of property whatsoever, when such injury, death, damage, loss or destruction grows out of or arises from the
taking down of any fence or the moving or disturbance of any other property of the Licensor.
Section 10.
INDEMNITY.
(a) As used in this Section, "Ucensor" includes other railroad companies using the Ucensor's property at or near the location
oithe Licensee's installation and their officers, agents, and employees; "Loss" ineludes 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: (0) injury to or death of persons whomsoever (including the Ucensor's officers, agents, and employees, the Licensee's
officers, agents, and employees, as well as any other person); and/or (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 Licensor, 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 Licensor from any Loss which is due to or arises from:
I. The prosecution of any work contemplated by this Agreement including the installation, construction,
maintenance, repair, renewal, modification, reconstruction, relocation, or removal of the Pipeline or any part
thereof; or
2. The presence, operation, or use of the Pipeline or contents escaping therefrom,
except to the extent that the Loss is caused by the sole and direct negligence of the Licensor.
Section I I.
REMOVAL OF PIPE LINE UPON TERMINATION OF AGREEMENT.
Prior to the termination of this Agreement howsoever. the Licensee shall, at Licensee's sole expense, remove the
Pipeline from those portions of the property not occupied by the roadbed and track or tracks 01 the Licensor and shall restore, to
the satisfaction of the Licensor, such portions of such property to as good a condition as they were in at the time of the construction
of the Pipeline. If the Licensee falls to do the foregoing, the Licensor may do such work of removal and restoration at the cost and
expense of the Ucensee. The Licensor may, at its option, upon such termination, at the entire cost and expense of the Licensee,
remove the portions of the Pipeline located underneath its roadbed and track or tracks and restore such roadbed to as good a
condition as it was in at the time of the constructfon of the Pipeline, or it may perrnjt the Licensee to do such work of removal and
restoration to the satisfaction of the Licensor. In the event of the removal by the Licensor of the property of the Licensee and of the
restoration of the roadbed and property as herein provided, the Licensor shall in no manner be liable to the Licensee for any
damage sustained by the Licensee for or on account thereof, and such removal and restoration shall in no manner prejudice or
impair any right of action for damages, or otherwise, that the Licensor may have against the Ucensee.
Section 12.
WANER OF BREACH.
The waiver by the Licensor 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 Licensor to avail itself of any remedy for any subsequent
breach thereof.
plx.exb
Page 3 of4
Exhibit B
, <
-PLX980112
form Approved, A VP.Lmv
Section 13. TERMINATION.
(a) If the Licensee does not use the righl herein granted or the Pipeline lor one (I) year, or if the Ucensee continues in delcrult
in the performance of cmy covenant or agreement herein contained for a period of thirty (30) days after V\lTitten notice from the
Licensor to the Licensee specifying such default, the licensor may, at its option, forthwith immediately terminate this Agreement
by vvritten notice.
(b) In addition 10 the provisions of subparagraph (a) above, lhis Agreement may be termmated by written notice given by either
party hereto to the olher on any date in such notice stated, nolless, however, than thirty (30) days subsequenl to the daie upon
which such notice shall be given.
(c) Notice of default and notice of termination may be served personally upon the Ucensee or by mailing to the last known
address 01 the Ucensee. Termination of this Agreement for any reason shall not alfect any of the righls or obligations of the parties
hereto which may have accrued, or liabilities, accrued or otherwise, which may have arisen prior thereto.
Section 14.
AGREEMENT NOT TO BE ASSIGNED.
The Licensee shall not assign this Agreement, in whole or in part, or any rights herein granted, withoullhe written consent
of the licensor, 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 otherwise, without such consent in writing, shall be absolutely
void and, at the option of the Licensor, shall terminale this Agreement.
Section 15.
SUCCESSORS AND ASSIGNS.
Subject to Ihe provisions of Section 14 hereof. this Agreement shall be binding upon and inure to Ihe benefit of the parties
hereto, their heirs, executors, administrators, successors and assigns.
plx.exb
Page 4 or4
Exhibit B
f'bJWUDRAINAGE INS. 02/16101
Furm Approved, AVP~Law
EXHIBIT B-1
Union Pacific Railroad Company
Insurance Provisions For
Pipeline I Wireline I Drainage License Agreements
Licensee shall, at its sole cost and expense, procure and maintain during the life of this Agreement the following insurance coverage:
A. Commercial General Liabilitv insurance. This insurance shall contain broad form contractualliabiJity with a single limit of at least
$2,000,000 each occurrence or claim and an aggregate limit of at least $4,000,000. Coverage must be purchased on a post 1998 ISO
or equivalent form, including but not limited to coverage for the following:
. Bodily injury including death and personal injury
. Property damage
. Fire legal liability (Nolless than the replacement value of the portion of the premises occupied)
. Products and completed operations
The policy shall also contain the following endorsements which shall be indicated on the certificate of insurance:
. "For purposes of this insurance, Union Pacific Railroad payments related to the Federal Employers Liability Act or a Union
Pacific Wage Continuation Program or similar programs are deemed not to be either payments made or obligations assumed
under any Workers Compensation, disability benefits, or unemployment compensalion law or similar law."
. The exclusions for railroads (except where the Job site is more than fifty feel (50') from any railroad including but not
limited to tracks, bridges, trestles, roadbeds, terminals, underpasses or crossings), and explosion, collapse and underground
hazard shall be removed.
. Coverage for Licensee's (and Licensor's) employees shall not be excluded
. Waiver of subrogation
B. Business Automobile CoveraQe insurance. This insurance shall contain a combined single limit of at least $2,000,000 per
occurrence or claim, including but not limited to coverage for the following:
. Bodily injury and property damage
. Any and all molor vehicles including owned, hired and non-owned
The policy shall also contain the following endorsements which shall be indicated on the certificate of insurance:
. "For purposes of this insurance, Union Pacific Railroad payments related to the Federal Employers Liability Act or a Union
Pacific Wage Continuation Program or similar programs are deemed not to be either payments made or obligations assumed
under any Workers Compensation, disability benefits, or unemployment compensation law or similar law."
. The exclusions for railroads (except where the Job site is more than fifty feet (50') from any railroad including but not
limited to tracks, bridges, trestles, roadbeds, terminals, underpasses or crossings), and explosion, collapse and underground
hazard shall be removed.
. Motor Carrier Act Endorsement- Hazardous materials clean up (MCS-90) if required by law.
C. Workers Compensation and Emplovers Liabilitv insurance including but not limited to:
. Licensee's statutory liability under Ihe workers' compensation laws of the stale(s) affecled by this Agreement
. Employers' Liability (Part B) with limits of at least
$500,000 each accident, $500,000 disease policy limit
$500,000 each employee
If Workers Compensation insurance will not cover the liability of Licensee in states Ihat require participation in state workers'
compensation fund, Licensee shall comply with the laws of such states. If Licensee is self-insured, evidence of slate approval must be
provided along with evidence of excess workers compensation coverage. Coverage shall include liability arising out of the U. S.
Longshoremen's and Harbor Workers' Act, the Jones AcI, and the Outer Continental Shelf Land Act, if applicable.
The policy shall also contain the foilowing endorsement which shall be indicated on the certificate of insurance:
. Alternate Employer Endorsement
D. Umbrella or Excess Policies In the event Licensee utilizes Umbrella or excess policies, Ihese policies shall "follow form" and
afford no less coverage than the primary policy.
Page 1 of 2
.
~ .'"
. ~~UDRAINAGE INS. 02/16/01
Form Approved, AVP-law
Other Reauirements
E. Punitive damage exclusion must be deleted. which deletion shall be indicated on the certificate of insurance.
F. Licensee agrees to waive its right of recovery, and its insurers, through policy endorsement, agree to waive their right of
subrogation against Licensor. Licensee further waives .its right of recovery, and its insurers also waive their right of subrogation against
Licensor for ioss of its owned or leased property or property under its care. custody and control. Licensee's insurance shall be primary
with respect to any insurance carried by Licensor. All waivers of subrogation shall be indicated on the certificate of insurance.
G. Ail policy(ies) required above (excluding Workers Compensation) shall provide severability of interests and shall name Licensor as
an additional insured. Severability of interest and naming Licensor as additional insured shall be indicated on the certificate of
insurance.
H. Prior to commencing the Work, Licensee shail furnish to Licensor originai certificate(s) of insurance evidencing the required
coverage, endorsements, and amendments. The certificate(s) shail contain a provision that obligates the insurance company(ies)
issuing such policy(ies) to nolify Licensor in writing of any canceilation or material alteration. Upon request from Licensor, a certified
duplicate original of any required policy shall be furnished.
I. Any insurance policy shail be written by a reputable insurance company acceptable to Licensor or with a current Best's Insurance
GUide Rating of A- and Class VII or better, and authorized to do business in the staters) in which the service is to be provided.
J. Licensee WARRANTS that this Agreement has been thoroughly reviewed by Licensee's insurance agent(s)/broker(s). who have
been instrueled by Licensee to procure the insurance coverage required by this Agreernent and acknowiedges that Licensee's
insurance coverage will be primary.
K. The fael that insurance is obtained by Licensee or Licensor on behalf of Licensee shail not be deemed to release or diminish the
liability of Licensee. including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by
Licensor shail not be limited by the amount of the required insurance coverage.
Page 2 of 2