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98-249 Resolution No. 98-249 RESOLUTION AUTHORIZING EXECUTION OF A PIPELINE CROSSING AGREEMENT WITH THE UNION PACIFIC RAILROAD COMPANY (Water Pipeline Undercrossing at Milepost 046 . 140) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Joyce A. Parker, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with the Union Pacific Railroad Company for the installation of a water main within its right-of-way at Milepost 046 . 140, a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kelly Kevin Kelly, Mayor Presented: October 14 , 1998 Adopted: October 14 , 1998 Omnibus Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk DEC-01-1998 0918 JACOB & HEFNER ASSOCIATES b.Na yh d1(( r.l''•.. _:_ • UNION PACIFIC E A L4• :'t.E3 COMPANY Real Estate E>eisartnr? R.D.Mich J.L 1lavvklns Assistant Mee President u Ni oN Uirodor-01pra5ms Support 111111 J.A.Anthony $n;icic M,E.Heenan Ceeclae`Canbvc s Q.0,Srpyrt, QirtetDaAdnlinr$tration 3 suagEts D.N.lightrvins Dkector.Reai Estate Director-Real state M.W.Casey T.K.Love General Director-6peeial Props***es 1800 FOrrsem Street D'rector•Reat E t:k 1,P.Gade Omaha.Nebraska 08102 Director-Feccity Management Fax(402)997-3001 Folder No.00998-76 KRJ'v 1 ;4 i998 • MR.JASON SNYDER JACOB AND HEFNER ASSOCIATES 739 ROOSEVELT RD,STE 100 GLEN ELLYN,II.-Arfr."'"' Re: Proposed water pipeline crossing of Railroad property at Mile Post 046.140 on the Belvid e Branch at or near Elgin,Kane County,Illinois Dear Mr. Snyder: Attached is your original copy of our Agreement, fully executed on behalf of the }railroad Company. When you or your representative enter the Railroad Company's property,a copy of this fully- executed document must be available at the site to be shown on request to any Railroad employee or official. 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 of insurance,as provided in this Agreement. In accordance with the terms of the Agreement,you are required to notify the following Railroad . Company's Manager of Track Maintenance and the Fiber Optics Hot Line at least 48 hours in advance of the date you plan on entering the right of way for further instmetlons and approval to commence construction. Mr.Wayne Campbell,M TIVI Union Pacific Railroad Company 200 North Sixth Street De Kalb,IL 60115 Phone: (815)758-7139 Fax: (815)756-4295 Fiber Optics Hot Line: 1-800-336-9193 As an additional note, the casing and carrier pipe must be placed a minimum of two (2) feet below any existing fiber optic cable. Any open excavation required within five (5) feet of the fiber optic cable must be dug by hand. DEC-01-1998 09:19 JACOB & HEFNER ASSOCIATES 630 9421774 P.03/2U • All future insurance notices,if insurance is required by the Agreement,should be forwarded to: Real Estate Department Folder No: 00998-76 Union Pacific Railroad Company 1800 Farnani Street Omaha,NE 68102 If yo@ have any questions,please contact me at(402)997-3549. Yours truly, Cav 1111 - Chris Goble Contracts Representative DEC-01-1998 09:19 JACOB & HEFNER H55Ul.IHitb oJU 74cirr4 • PL X 940206 Perm Approved,AVP-Law Folder No 00998-76 PIPELINE CROSSING AGREEMENT Mile Post: 046.140,Belvidere Branch Location: Elgin,Kane County,Illinois THIS AGREEMENT is made and entered into as of July 10, 1998, by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation (hereinafter the "Licensor"), and CITY OF ELGIN,an Illinois municipal corporation,whose address is 150 Dexter Court, Elgin,Illinois 54565 (hereinafter the"Licensee"). IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: Article L LICENSE FEE Upon execution of this Agreement,the Licensee shall pay to the Licensor a one-time license fee of ONE THOUSAND DOLLARS($1,000.00). Article IL 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 water pipeline crossing(hereinafter the"Pipeline") in the location shown and in conformity with the dimensions and specifications indicated on the attached print dated July 9, 1998,marked Exhibit A. 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 IIL 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 t c work performed on the Pipeline(including initial construction and subsequent relocation or substantial maintenance and repair work),then the Licensee shall require its ofir! 7 DEC-01-1998 09:20 JACOB & HEFNER RSSUL1HIt5 4C1114 r.rumtry and requirements, and will inform its contractor of the need to execute the Agreement. Under n., circumstances will Licensee's contractor be allowed onto Licenser'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. 00998-76, issued by its insurance carrier confirming the existence of such insurance and that the policy or policies contain the foiiowing endorsement: UNION PACIFIC RAILROAD COMPANY is named as an additional insured with respect to all liabilities arising out of the existence, use of any work performed on or associated with the pipeline crossing located on Railroad right of way at Mile Post 046.140 at or near Elgin, Kane County,Illinois. 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. 00998-76, Union Pacific Railroad Company,Real Estate Department, 1800 Farnarn Street,Omaha,NE 68102. Article VL TERM. This Agreement shall take effect as of the date first herein written and shall continue in fell force and effect until terminated as herein provided. Article VII. SPECIAL PROVISIONS--NONE IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed as of the date first herein written. UNION PACIFIC RAJULROAD COMPA,N By: 41:5w''t Contracts}1 a sent:teas WITNESS CITY OF ELGIN t J x /. . fA . iL .0 . r C (it./t✓ By 41111.4�—�•s T� DEC-01-199B 09:20 JACOB & HEFNER ASSOCIATES b�� 74e11r4 r.rJO.cer '?LACE wRttOY INDICATING NORTH DIRECTION RELATIVE TO CROSSING _ REV. 10-10-97 • t110 ENCASED NON-FLAMMABLE • -PIPE ;1NE CROSSING ' NOTE' ALL AVAILABLE DIMENSIONS MUST BE ; NO SCALE FILLED IN TO PROCESS THIS APPLICATION. V. .2 r. FT. °4. 1 4744 . --- FT. ZFT.---$. Cut NOTE 3 1 S) - (56*NOTi 3 i S) • -0 FT. INE1y11EOT R.R. TOM) = MIN TRACK tP•1RE of talo3tLNn} 'NEAREST R.R. T'AA11 •I'''--1 1 t ! dI• _4 (O[SCfUAE rim OBJECT (Of cR8� Fl oe.te ) ,` Mt Na7s v) , tsCE NOSE s) .�y�`� 1010TANCt AJO11G 1RA0a FROM SECTION LINE CROSSING) Sa KT. r A. �. t _. S .FT. e �► ~ MOTE. NS ORIENSION REQUIRED IN M.t CASES. AT LOCATIONS NOT(SU+G ST.CT1P4$. O1sTAN4E TO A LEON SVRVET tams is Rooms). . .- .. —" �^�•RR'S Rir a. '.2__FT.NN disc ►a ./2, T. •.+ a FT. ii I I' vows swam STEEL CASING T THICKNESS f sc NOE 91 MINIFOIN DIME 3- 01 ' TNICFMIS CASINO FIP1 I • .2123. Ong* O I.' ER 1- 12'1I L{.:r. j(4 )i ) TC•SE[NQTE ♦) t2 F - Nty.` Gtt110 WS• OVER 2•..4tt OvER 48, vAPPROVED 8vt R.R. C4. e '' I ( NCT/S2 THIS OW 1.3 Ohl . 1 t tar:stnt • a PA 2 0 A a 10 FT.--.41 • FT. j(...1.FT. 1 3 FORD t1 10 FM.:.i•. '.:-.,zi:G rPT. • Lai"• MOSAIC OTRER TIMAti 90• _ . /73 FT. S s oaf-tO tZZSttM.OMAN=TO OE/Manta AR*I0»T�Mn�ts Fl4tt OF wet. FIFrZINB.} SIN A 21 Wp0 10 MVO IMO wet OR mat AT MI0MT MOOS T11r CI16ATEO OF M •OS FT.. OR i Fr.. 0 p p Ng MOO UIICT Er AMMO RtOIR-t/-IMT IF T Mtt 10?ROOM Y111>rCR W0111 amp*OF mar. Ht �f 31 ROOM(OF OM MII TI fl OR A Ir FOIL110to MOO.t OF M1Y cumin. on rim Ai LT ArtttO$JMo ova.. u SIOIMI.T4JRFAONTAs1Y(IWGT AR FORD.aM4N4 a*T•ltAttat IF MAIUIOAR sl$rt.0 AK pa Tl0 YICt/1IT1'or ent sine.9/ou.owsit mil t10aEGTS mum.sioni s of mote,(OR me MMlStMR 6 66616.60 wigwag IOJYO 0110 NMlT. OR*moo. 05 CASIO AM COMER VIM MOT tC RAC O A MOOR OF t FULT tQ.w TM[MOTOR MisEM Mille CARS.AMT VOONATIC Mourns'b11na s FEET OF INE Moth*FIVER oFTIC -. �,r SE OW 010. A) IS PIPELINE CROSSING WITHIN DEDICATED STREET ?_„.,...JES, I EXHIBIT "A">. B) IF YES. NAPE OF STREE _r "f' ARAM i�IRCti 1 DISTRIBUTION LINE _.�T _OR TRANSMISSION LIKE._,,. �..,,_•_ ��� �! �r ) CARRIER PIPE • PACIFIC RAILRo. . .!. COMMODITY TO BE CONVEYED u/ATh2- . _-_.. OPERATING PRESSURE Sa PSI __ _ _.. - jSja(t#IA 1 C.+ MALL THICKNESS C' IA)IETER •/ -INATERIAL .m.Tnv. --------- ) CASING PIPE I N.!' y�t111 % E. S. 1:1 1-11 WALL THICKNESS 41410' DIAMETER 345' ,MATERIAL adk - t NOTE 'CASING MUST HAVE 2' CLEARANCE BETWEEN GREATEST ENCASED PiPchh4t CROSS I G A OUTSIDE DIAMETER OF CARRIER PIPE AND INTERIOR DIAMETER OF L.CASINO PIPE. WHEN FURNISHING DIMENSIONS. GIVE OUTSIDE OF • � i I,- c CARRIER PIPE AND INSIDE OF CASING PIPE. mama s TMT �paNTr• ur.TS. F) METHOD OF INSTALLING CASING PIPE UNDER TRACK(S)a C„I-t o4 E ' tY} ____ , d DRY BORE AND JACK (WET BORE NOT PERMITTED) t = ,,,,�, ..,._TUNNEL POTHER f • RR FILE N0. leff --16• ©ATE1 77"72 G) WILL CONSTRUCTION BE BY AN OUTSIDE CONTRACTOR? YESI Nail H) DISTANCE FROM CENTER LINE OF TRACK TO NEAR FACE OF BORING PNO JACKING PIPS WHEN MEASURED AT RIGHT ANGLES TRACK `._ter, WARNING�— --- I I qp. ICANT HAS CONTACTED I.O00-336.9193. t:IN N2k.) 10 F4.1.070III4111.W. V. gomunCATtmae U. r. CONNUMATION DEPA N . AND'HAS O4TERNINP PIMA t° 1r MK n t 1+t nocc o m norm r.AOLE ._DOES t--E—J S NOT x EXI1 IN V CIVITY OF INAT(pt 4F Fil Ot 0►tiS ern.Z. RE NE. i-ess.o*-Sits • Utl.-171-1yti 107 Gl J FA.Un & ncrr+cf ri,JUt.l h 1 cJ �JU J-rci -• cu . , . •Pk.X not 12 Fong Appioved,AVP-Law Section I. !vtl it•k : LID pis;!t • Kee • ; G.tF ` ' . (a) The foregoing grant of right is subject and subordinate to the prior 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 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 tunes by the Licensor without liability to the Licensee or to any other party for compensation or damages. (b) The foregoing grant is also subject to all utstanding superior rights(including those in favor of licensees and lessees of the Lleensar's property,and others)and the right of the licensor to renew and extend the saute,and is made without covenant of title or for quiet enjoyment. Section 2. CONS TICTIQQt MAiNT 'IANCE AND OP>�R.AT1ON. (a) The Pipeline shall be constructed: operated. maintained. repaired, renewed, modified andlor reconstructed by the Licensee in strict conformity with Union Pacific Railroad Co.Common Standard Specification 1029 adopted November 1949,and all amendments thereof umd supplements thereto,which by this reference is hereby made a part hereof, except as may be modified and approved by the Ltcensor's Vice President-Engineering Services. In the event such Specification conflicts in any respect with the requirements of cmy federal.state or municipal law or regulation,such requirements shall govern on all points of conflict,but in all other respects the Specification shall 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 plans setting out the method and manner of handling the work.including the shoring and cribbing,if any. required to protect the iicensor's operations,rind 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 of 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 cc beck-3 during the time of construction.maintennrtce,repair.r:°Tweed. modification. relocation. reconstruction or removal of the Pipeline. and, in the event the Licensor provide* *Lich r.r: ''..e Licensee shall pay to the licensor,within fifteen(1S)days after bills shall have been rendered therefor,all exp i-eel ire::.rc sae Licensor in connection therewith.which expense shall include all amenable costs. (d) The licensee shall keep and maintain the soil over me Pipeline thoroughly compacted and the grade even with the adjacent surface of the ground. Section 3. NOT7C 'COIytMENCEMENT OF WQEI. If an emergency should arise requiring immediate attention,the Licensee shall provide as much notice as practicable to Licensor before commencing any work. In cdl other situations,the Licensee shall notify the Licenser at least ten(10)days(or such other time as the Licensor may allow)in advance of the corrurnencement of any work upon property of the lacer::-';.r to connection with the construction.maintenance,repair.renewal,modification,'menstruation relocation or removal of lib's I ., ••. All such work shall be prosecuted diligently to completion, Section 4. LCENSEE'10 BEAR EI\l'ItI E EXFI j . The Licensee shall bear the entire cost and expense incurred in connection with the construction.mcintenc mce,repair and renewal and any and all modification,revision,relocation,removal or reconstruction of the Pipeline,!needing any and all expense which may be incurred by the Licensor in connection therewith for supervision.inspection.flogging or otherwise. plx.exb Page 1 e14 Exhibit t3 DEC-01-1998 09 22 JACOB & HEFNER ASSOCIATES 630 9421774 P.08/20' - .PL X960112 Foes Appiuiad,AVP Lew -. Section S. (a) The license herein granted is subject to the needs and requirements of the Licensor in the operation of its railroad and i71 the improvement and use of its property.and the Licensee shall at the sole expense of the Licensee.reinforce the Pipcairie.otr more all or any portion of the Pipeline to such new location cse the Ik nser may designate.whenever.in+he itutt of r...' c_its needs and requirements,�eiK� • ' such relecet Lon is rc_s_•. ...>sy required for Licensor's continued operations. of the fb) All the terms.conditions and stipulations herein expressed reference to the Pipeline on property ian the location hereinbefore described shall so far as the Pipeline remains on the property. apply to the Pipeline as modified. changed or relocated within the contemplation of this section. Section 6. Nn INTE MBLE tarrrrr t tt EN SOFrS OPERMi , The Pipeline and all ports 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 with the constant. continuous and uninterrupted use of the tracks,property and facilities of the licensor,and nothing shall be d eli•-?or suffered to be - done by the licensee at any time that would in any manner impair the safety thereol. Section 7, PROTE-C flON OF FIBER OPTIC CsBI E a5- . (a) Fiber optic cable systems may be buried on the Licensee'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. licensee shall telephone the Licensor at 1-800-336-9193 fa 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(ies)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 cc 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 harmless from and against all costs.liability and expense whatsoever(including,without limitation.attorneys'fees,court crests and expenses) caused by the negligence of the Licensee,its contractor,agents and/or employees,resulting in(1)any darflvit t to or destruction of any telecommunications system on licenser'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 aid/or employees,on Licensor's property.cRcept if such eats, liability or expenses are caused solely by the direct active negligence L f the Licensor, Licensee further agree.y grit it shell ''.tee or seek recourse against Licensor for any claim or cause of action for alleged loss of profits or revenue or lo.=•:;ci sets a.2^r consequential damage to a telecommunication company using Licenser's property or a c•stomer or user of s :v cer.cf.1 L-li'_ r-' - optic cable on Licensor's property. Section 8. 4/1 :iu_ 17t►. ee, u: (L.Ai .• . • (a) The licensee shall fully pay for all materials joined or affixed to and labor performed upon property of the Licensor in connection with the construction,Maintenance,repair,renewal.modification or reconstruction of the Pipeline,and shall not permit or suffer any mechcmic's or materialrnari 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 shall indemnify and hold harmless the Licensor against and from any and all liens,claims,desitands,costs and expenses of whatsoever nature in cvsy way connected with or growing out of such work done,labor performed,or rr...ccteriols furnished. (b) The Licensee shall promptly pay or discharge all tam,chreges mtcl assessments levied upon,in respect to,or on a: r _t of the Pipeline.to prevent the same from becoming a charge ct teen 1-13'31 F:•nperty of the Licensor,and so that the taxers;.c acrrye and assessments levied upon or in respect to such property sell net bit 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 of assessed to the Licensee but shall be included in the assessment of the property of the Licensor,then the License*shall pay to the licensor an equitable proportion of such taxes determined by the value of the Licensee's property upon property of the Licenser as compared p(x.exb Page 2 of 4 Exhibit$ • DEC-01-1990 09 23 JACOB & HEFNER ASSOCIATES biU 74s'1rr4 r.177/4U • •.FL X 9100112 • Fan Approved,AVP-Law - • with the entire value of such property. Section 9. RESTORATION OF LICENSORS PROPERTY. hi the event the licensor authorizes the Licensee to tate dawn any fence of the Licensor or in any manner move or disturb any of the other property of the Licensor in connection with the ficti= maintenance, repair. renewal. mor'ifica'ion. reconstructive.relocation or removal of the Pipeline.then in that event the Licensee shall.as soon as possible and at Ie eni_e's sole expense.restore such fence and other property to the same condition as the same were in before such fence was tclen.vn 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„dam,claims.demands,costs orxd expenses of whatsoever nature,including court costs and attorneys'fees,which may result from injury to or death of persons whornsoever,or damage to or loss or destruction of propertywhatsoever,when such injury.death,damage,loss or destruction grows out of or arises from the taking down of any fence or the moving or dlstorbcoece of any other property of the licensor. • Section 10. (a) M used in this Sections.licensor includes other railroad companies using the Licensor's property at cer near the location of the Licensees installation and their officers.agents,and employees;"Loss'includes loss.damage.claims,demands,adonis, causes of action,penalties,costs,and expenses of whatsoever nature,including court costs and attorneys'fee,which may result from: (a)injury to or death of persons whomsoever(including the Licenser's officers,agents, and employs es,the licensee's officers.agents.and employees.as well as any other person);and/or(b)damage to or loss or destruction of property wheel:cover (including licensee's property.damage to the roadbed,tracks,equipment,or other property of the licensor,or property in its core 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 1. 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. f3FMOVP OF PIP 1INE UPQ? TERMINATI ON,PF care [ege Prior to the termination of this Agreement howsoever,the licensee shall,al Licensee's sole eaaense •atn pr the Pipeline from those portions of the property not occupied by the roadbed and track or tracks of the Licensor ca ad shalt a :::.e,to the satisfaction of the Licensor,such portions of such property to as good a condition as they were in cit the time A the construction of the Pipeline. U the Licensee fails to do the foregoing,the Licensor may do such work of removal and restorati an at the cost and expense of the Licensee. The Licensor may.at its option•upon such termination,at the entire cost and expen:`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 construction of the Pipeline,or it may permit 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 properly 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 restorcllon shall in no manner prejudice or unpcdr any right of action for damages,or otherwise.that the Licensor may have against the Licensee. Section 12. W WFR OF,jeyeCH. The waiver by the licensor of the breach of rely condin,cotenant or agreement herein cont.+•xied to be kepi,eh c_ t and performed by the Licensee shall in no way impair the right 01 112 Licensor to avail Itself of any remedy for any scat breach thereof. plx.exb Page 3 of 4 Exhibit e DEC-01-1998 09:24 JACOB & HEFNER ASSOCIAItb b.3n 74eJ.rr4 r.teYeeJ . 'PLX910112 Fpm Approved.*VP-Law Section 13. =N• (a) tithe Licensee does not use the right herein granted or the Pipeline for one(1)year,or Me licensee continues in da! in the performance of anYy covenant or agreement herein contained for a period of thirty(30)days alter written notice iron: Licenser to the Licensee specifying such default,the licensor may,at its option,forthwith immediately terminate this Agreement by written notice. (I) In addition to the provisions of subparagraph(a)above,this Agreement may be terminated by written notice given by either party hereto to the other on any date in such notice stated,not less,however,than thirty ger subsequent to the date upon which such notice shall be given. 9 ) C )& (c) Notice of default and notice of termination maybe served personally upon the Licensee or by mailing to the last known address of the Licensee Termination of this Agreement for any reason shall not affect any of the rights or obligations of the parties hereto which may have accrued,or liabilities,accrued or otherwise,which may have arisen prior thereto. Section I4 AGREEMEIV NOT TO BE ASSIGNED. The licensee shall not as-stgn this Agreement.in whale or in part,or any rights herein granted.without the 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 terminate this Agreement. Section 15. SUCCESSORS AND ASSIGNS. Subject to the provisions of Section 14 hereof,this Agreement shall be binding upon and inure to the benefit of the parties hereto,their heirs,executors,administrators,successors and assigns. ptx.cxb Page 4 of 4 Exhibit B • DEC-01-1998 09 24 JRCOB NU< HSU1...1HIto o..o r rw r-.I.IfGU UNION PACIFIC RAILROAD COMPANY Real Estate Department R.D.uhrich J.L Hawkins Assistant Vice President v:or■ Director.OperatiorrsSupport J.A.Anniony F null}11c PA.E.Heenan Diteetor.Contrrds E I 1 1 Diredar Admirpwa6on 8.Budgets 11 D.H. D.D.Brown Director-Real Estate Oi ectOtReil Estate M.W.Casty T.K.Lorne Genera!Direcacc-Specior Properties uyo0 Fetnem Street Director-Real Estate J.P.Cade Omaha.Nebraska 68102 Director Faeiiey Management Fax(402}007-3601 Folder No.00998-76 NOV 18 1998 MR.JASON SNYDER JACOB AND HEFNER ASSOCIATES 739 ROOSEVELT RD,STE 100 GLEN ELLYN,IL 60147 Re: Proposed water pipeline crossing of Railroad property at Mile Post 046.140 on the Belvidere Branch at or near Elgin,Kane County,Illinois Dear Mr. Snyder: Attached is your original copy of a Contractor's Right of Entry Agreement,fully executed on behalf of the Railroad Company. In accordance with the terns of the Agreement,you are required to notify the following Railroad Company's Manager of Track Maintenance and the Fiber Optics Hot Line at least 45 hours in advance of the date you plan on entering the right of way for further instructions and approval to commence construction. Mr.Wayne Campbell,MTM Union Pacific Railroad Company 200 North Sixth Street De Kalb,IL 60115 Phone: (815)758-7139 Fax: (815)756-4295 Fiber Optics Hot Line: 1-800-336-9193 • DEC-01-1998 09 25 JACOB & HEFNER H55UC1HIt5 bJel 74ei((4 r.14/4a As an additional note,the casing and carrier pipe must be placed a minimum of two(2)feet below any existing fiber optic cable. Any excavation required within five(5)feet of an existing fiber optic cable must be hand dug. Sincerely yours, le Contracts Representative (402)997-3549 DEC-01-1998 09:25 JACOB & HtFNtJ HbbUL,1HIt5 0..DU 741(0-1, • PL X&E ROE 940201 Form Approved.AYP-Law Folder No: 00998-76 CONTRACTOR'S RIGHT OF ENTRY AGREEMENT THIS AGREEMENT is made and entered into as of the 7th day of August 19 98.by and between UNION PACIFIC RAILROAD COMPANY,a Delaware corporation, (hereinafter the"Railroad")and Hayes Pluzabin5, Inc, a corporation corporation/partnership,whose address is 195 N. Garden Avenue Roselle, ne. .60172 — (hereinafter the"Contractor"). RECITALS: The Contractor has been employed by CITY OF ELGIN for the purpose of constructing (hereinafter "worn') only a water pipeline crossing on and across property of the Railroad at or near Mile Post 046.140,Belvidere Branch,near Elgin,Kane County,Illinois. 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: NOW,THEREFORE, it is mutually agreed by and between the Railroad and Contractor, as follows: Article I. DEFINITION OF CONTRACTOR. • 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. Article IL RIGHT GRANTED;PURPOSE. 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 property described in the Recitals hereof and as shown on the attached print dated July 9, 1998, marked Exhibit A, for the purpose of performing the work described in the Recitals above. 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 V. Article M. TERMS AND CONDITIONS CONTAINED IN EXHIBITS B AND B-Y. DEC-01-1998 09:26 JACOB & HEFNER ASSOCIATES bilk y4d1'('(4 r.14/�1i The terms and conditions contained in Exhibits B and B-1, hereto attached, are hereby made a part of this Agreement. Article IV. ADMINISTRATIVE FEE. Applicant shall pay to the Railroad FIVE HUNDRED DOLLARS ($500.00) as reimbursement for clerical, administrative and handling expense in connection with the processing of this Agreement. Article V. ALL EXPENSES TO BE BORNE BY CONTRACTOR; RAILROAD REPRESENTATIVE. 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 Railroad'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"). Article VI. TERM;TERMINATION. A. The grant of right herein made to Contractor shall commence on 8-24-98 and continue until 9-30-98 ,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. B. This Agreement may be terminated by either party on ten(10)days'written notice to the other party. Article VII. CERTIFICATE OF INSURANCE. A. Before commencing any work, the Contractor will provide the Railroad with a Certificate, Identifying Folder No. 00998-76, issued by its insurance carrier providing the insurance coverage required pursuant to Exhibit B-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 Insured's, 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. DEC-01-1998 09:26 JRCOB & MU-4LX HbUL 1 H i t '-+t i r r 4 F.iJ.cu C. All insurance correspondence shall be directed to: Folder No. 00998-76, Union Pacific Railroad Company, Real Estate Department, 1800 Farnain Street, Omaha, Nebraska 68102. Article VIII. CHOICE OF FORUM. Litigation arising out of or connected with this Agreement may be instituted and maintained in the courts of the States of Nebraska and Illinois 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 of the date first herein written. UNION PACIFIC RAILROAD COMPANY B y Cay.+e 1L - Contracts resentative WITNESS Hayes Plumbing, Inc. (Contractor Name) X 1 By � 4,L _ : Y .W!� f1 - Title Edward Hayes President • DEC-01-1998 09;27 JACOB & Fitt r. HS UC 1 H I t5 (.,, at, 7441 r(4 r.10/4U 'PLACE ARROW•INDICATING NORTH • DIRECTION RELATIVE TO CROSSING; •. �— NO,. L°�a°� '� ,., ENCASED NON-FLAMMABLE 4,f PIPELINE CROSSING V4 NNE. ALL AVAILABLE DIMENSIONS MUST BE NO SCALE FILLED IN TO PROCESS THIS APPLICATION. • `' RR•A our IN II� t .t. t -AFT. 1, Z .__..FT ---- -h ti. (stt Rom 3 1 5) fat wort 2' 5) . .Sp F7• rm 44c/Ai $ a ATIOLE ar P10LSNd) ' $ To / - 'NE$EST R•11, -Oral Am N11N mac t.EfuliiT R.R. r4.t11 i • -o- b LCT$ - akscwr ia y ••," 101$-ANCE AURA TRACK faCT4 SWISS t UE MISSING) y, SIP FT. � w ' (11 E Wm Gt012451 i1 R auuTtarol tog 4u.c 0 M LPCATiUN'MT MOM!WT1W . MCI w •r a i0•6EO.rt. 15 RE0.1. ..�ia...aw...•�� s r, �•n...N r■.. qR'S ivr � 4!ri. .....-----, --144•12.77. i-«-------- -O FT. 1. 1 . ammo ' STEEL Demo WALL KIw DIV > THICKNESS CHART L Oa NOTE z ..+i_a_i.iioriiiii► "'"'e I MI MA CABINS AIR I • I .3i2r0 8!IW t (1•-)1 .I N 410 •2I(..S M M.) T i- !Elm, (25$1. 1618.) • •M . Utl(3 CT ) ))) a V OYER 34'-4: l.atl0 totem St0 (SE2 4051 f) I .G$!'J5•.OIi" OVER 112•-45 9MElt IO' �. 1 d1�4'1lpMEp( g�� rim-1W((IN (6flttE I 1 I ,its1TN 31-1.11011 r FT. 2 D . IS FT.�'•s! I �0 F7. —.-7---Ii r 19.3FT. FORKKA TO MUNE CASING MAXI OF LENOIR.fT• CR4351N01TOTTER VW Ill• 17.3 FT. win . Wait*tam wie6►pC+biiit0 Mee f ir1'i.tM.) ...111.. •; Is Ott.NOR12CNTa.Moen 10 DT wow=AT siert men FRON K OF RM. •11 cam TO Wee Ilium TM I Cr Mel TIT RiulT 160.35 TMC ODOR ti 3D•is FT..Oft$1 FT.. e 1110 Mee MIT Or OW.*t6R/Tt t►-1LM Ir 1mctim T TO ROME fade LOOM flitt'!i(R OM TRROt. �.. SIMMS at NORM or w mote we ma m'NR todgr t t t#1(001.I M Na Wert.et Ft10M N7 suttees.Rt41l. ( _) ' Ti lam re errotIV1 SOT iR MOM peke 1NtTtLIAT1a s 1f$*1L M1 move At to 114*.itt wrvt Or t7lois(M). ' , 16`-!;•?t FIE@ omen mum 1•(mmL1.T M MOM.R rt ROO C oTeloPI s OONitM1 omen Mot fere Noel. OW iLii.3k1IT4. Si°M110 ee cantle,PIP[R11T K MOO 0 M$IIUI VP*retT IBM THE IM MO Ma tlrTit t71m.s.Nn MAMMON non=vTOTOI a MET Or INS a llsele Met • It _ RRT It we ow. • ) IS PIPELINE CROSSING WITHIN DEDICATED STREET t___YESL_.._idO, EXHIBIT NA* B) IF YES. NAME OF $TFE .�.r._._...- — . tn.lrtUp05 1st NMI ') CARRIaERUTIPE LINE . OR—TRANSMISSION LINE {� 9a PACIFIC RAILROAD CO. ) CARRIER PIPE L COMMODITY TO RE CONVEY WED__ TL+t_ OPERATING PRESSURE '"a._PS I�_ /� .]yi d(x:u. i ,,.,rc Cn �� WALL THICKNESS O-yv"" .01AMETER_L.3�,.MATERIAl 1 t aa. E) CASING PIPE . _ M.P _l 1 a, E.S. aliyi +i WALL THICKNESS( .St JOIAMETER .Jo. IMATERIAL•3-re44 1 NOTE 'CASING MUST HAVE 2' CLEARANCE BETWEEN GREATEST ENCASED PiPeline., CROSSG Al OUTSIDE DIAMETER OF CARRIER PIPE AND INTERIOR DIAMETER OF CASING PIPE. WHEN FURNISHING DIMENSIONS. GIVE OUTSIDE OF s �� � �Ctrir- <(,� _,- -I__ CARRIER PIPE AND INSIDE OF CASING PIPE. '" F) METHOD qF INSTALLING CASINO PIPE UNDER TRACKtS)s - l,�ln / DRY BORE AND JACK (WET BORE NOT PERMITTED) 1 ' - _.,._TUNNEL s OTHER RR FILE NC?..19 74, DATE 7.:-.2-cA 01 WILL CONSTRUCTION BE BY AN OUTSIDE CONTRACTOR?IES . H) DISTANCE FROM CENTER LINE OF TRACK TO NEAR F A C E OF BORING AND V A R N I N o JACKING P1TS MNEN MEASURED AT RIGHT ANGLES TO TRACK PO... .� a N.�bLtitliEi (gLV(el* 1) APPLiC�9 COKFACTE l•8M•336.9193 TAI t D IR ORRAC IO TX*OCR U_ ,3. „_�,a ICATIO�I AR RENT. MID'NA - .IvI� F n a iNT NM R ININNI( alsnv(x AA +t . rWWFR MIT I K JM IM • T C'!° ster ltio To Peet ORR. new . 1411•331-oM3 • DEC--01-1998 09:28 JACOB & HEFNER ASSOCIATES 0.710 7YG1f .a, • Pm em*AVM.* • ENUIBIT WIDSIME&CriatilaGEEXIEJEISIILYAGREEMEME Section 1. The arm to mniTydreltaillowiRepesootative atland42boorsinadmenofCaatrntoroc its wade and at ken 24 boars in advance:Imposed pmriutmoceofm>yy week by The Co#aet'rinwiichwyper moregalpmeetailbewitbin25 Satefaaytrade osr will be near enough to any tack ttst any ala�medextmdion(each es,but not limbed to,a crane boon)willies* towihn2Stbdaot'aytick.Upon receipt of such mdce,the Rasped Remesentative w tdetandneand inform the Contratterwhedm a t9tgesanmed bepreemt and wtretbar the Contractor need implement my special protective or salty meaeaas. If any lissom cc other special protective or whey mss=are Pm'd hY the Pail 0 d,sash services be provided at Contractor's export a with the nodetstening that ifthelta&Tocad provides any or other services the Contractor&1iaU not be relieved retry of its teepoma'bilides orlirba'tih'cs act forth herein. Section 2. No waikpedbi ed le/Cant ahsil arse way inane=with the mate;continuous and lottahvpted use*Vie tract„ property and facilities ads Rta'kcad its lessees,Nemec(or otltehe,miess speeifendly pe :itted natelhis armament,or spairiedly witherired i n advance by t h e l l a i l e o e d R+epro+eetative. N c t b i e g dad be done alt'regaled to be done b y the Ochre at lacy tw chat wanid inaoymaarer impair the safety» When not in me,Cont acWa aaachlaiy and materials dull be kept st least 50 feet font the entedme of Raroed'a:men track,aid there sdsahl be no vehiaila aaaaags of Raikcs&'r tucks a meet st Mang public Section 3. bfaMECURNIL The Cadractar MU pay in Sell ail perms who peatnn labor err provide matc:isia for the work to be palmed by Cestcsctor. The Conti:etrc shall not antt,permit err sari r any inetheniers or restraiehnenfe liters of ray hind or:Mu*to be seated cr‘safiatosd egaintenerproperty aft&2aikeed Sir any sasb,waakpetSmnod. The Coataaaae s Ii ndem sti►oll hold hominy the Reamed San sod sons!any and el Us,chimes,ds'maode,costa or expenses of whatsoever eoever nstme in any v ry emeete d wither growing rat ofsach work dcae bbor perfcrnsed,or asetsa bb finnished. Section 4. EMMIXEMSEEUELGEarigriBUIraThla a) Fiber optic cable systems may be buried en the Ra&Troad's property. Rabecthon of the fiber optic Mb systems is of extreme import= e my weak eanid d'iarapt seestbmen melting in beam interruption and toes ofr'eettme end peals. Coatltaetor shall taelgabme the lanai at 1400.336-9193(a tai-lam mar)to determine ifSher optic able is batted manse on the Railroad's pceriseebbe used bty the cormackr.ffitis,,Ceattntor sal trdhphoaethe teleconammiestions ocamsnyOlca)involved,mange for acable locator,make maogemeod tier M'cht1 it or otherpaobootiaa*Ma fiber optic able,ail at Cc,*esdees apeiiic and will eootaamoe no weer on the right ofvny'mtit all swab protedien or Mould=hes beat accomplished. b) kad:Ria lto dimiedemoity pavvisicen iathie Agreement,the Co a*al indemnify and bold the Vaned Umbar:from mod agmistaatea, yatld eicalso whsteoever(nicluding,without lest,e t:annyd feeds,muxtcowaidespeases)arisingont of any art ce oadseim(tithe Contractor,its contractor,*gads and/at eiployer71,.'bet can or caddletes lira(1)rae9 drags 1h r' destruction ofs ty telecommunication system en Railroad s property,sndine('2)any inlay to a death.o[ray perm Onto* byora� behalfarmy teleecemannicaticen tamrsry,andVe its Ccute het,agmis=Mgr sanpdvy s,e=Rsikcsd's psopaty- C W s not have or seek moms again t Railroad far awry calm or cue of satire for aiihcRad loan.of Fronts ate mane or loss of aervioe or other eamereenfat damegeio a oompmrj w g reed's property or a wre6onaee wont et services of the fiber optic cable onRallc+aach pcope ty. Section S_ r»a rnLJANCE vim AWS, lathe proarrention of the work covered by this agreement,the Contact*gall mom any and all aeoesserype nanite and shall cam* epptieebk foderel,state and load laws.tegolatiooa and enactment* cling the Walt. Motor semi use only such methods as are saosinaet with safety,bath as memo the Contrsasais,the Contractor's seal and employers.the a %.Sitmt% employees tadpropatgrafthheRaikos de ndthepublicingrate!.TheCoot<actor(vitrouot>a gtisewindiyoftbeisaqgoinedaII comply with all applicable able aid fedecal oceopatienal safety and health ads aid rerdatiaas. M Federal Railcard Admixiberation shall be famed vim wedc poramed ea the Rairom s ItoPertr ff eras&awe by the Cc hscler to cam*with any such eihneeziaiatiteeemb rage icite Unlit 33 • • lit B 6@ Ws q. j� x F Vok� � 4 lt R�S Q y Ivi t � 8 ttt `AC vo VII 4 eatittv vatv V � A Vr St�t�` t ` 'fr's AIN - �� It..-4 AtItt:‘ %WA ��b ��1:AgA IVI9ii`9.t tivtliA Al ;‘t, Vyt 4 a tTi$i $r� �� � � . V 1‘ R g � Qq "1:IN P.A0 �A � t V i% 4 Vo Veil:WA\V11;t,Aft:1110‘ \‘‘'It %kVA "Vi‘t .1 :Si 't Iliq Ai:0%k N9k1 It\ kt :IAN Zi. \\t t 10. NO et* \1st. A rtu . '1, Viit WA\ tis ti.4°:- 74‘ 0 VitileTNIt • At. VV. t' 6‘ iNcliiitYlitt3 I\t 14 A \ !Ill'. 'iff \ipekt V9. lit\ \ t A It . At\ lii, ‘ V 'It Vtk lit‘ IA% eittt ‘I'll Vtl‘t �i�$ A Itt Viet, � s �d m :itisti °t, v rev 1 b f \ s‘t lo Et PM 4*d Tavausas imp Ram LgPoasaealf agmitsaapaqmaqty 3a 5poth ni pat szavaapioaqn•la ilem3 ncemixbu%lows umtP poi a ail aPcitramP Wmact3Pm NIP a74ro4 ka io 114.7 qm 41 taintallandioise4000 ra&P NUL 'PP&o i tl is anatiWit POgocbgnea Mfg lof rsr C1 ) , p P VOS *gip wawa 5qt P I Au*ao'yesatscalle ramacarts ao man'asmmanat.Ammo atm SRECIVIMMITIVIRIMMEV vi unRraS ;mum Plan imboicini as forma AcmY3312141 Elm czt Pimard amp a:ut Cale 34514C00"OA P paa paaxago Wog a q a;pampas claim Imataaasitt aD gam=saoggravo m*3o R311113‘31930 picanva otn MA Ott TINSORMISIIM 6 uoiPaS -poqamp n Paeans ism Spadosd saw ipni la swap wept saht Roos wopq is aratt awn ap w voq?pwv stoat acp a4II:admit Pas ammy s lakolla spa vopupoo plan mood=moo as IMF J0P14000 aaWM WO ef ' PalucPaa4aq4paw►a411oAt104 AI WWII=I D XDP ea"1121111""ini "P.ars*tor only Am ILWIP naa-10ao213P atuul Jaardankuu mum ass =Da S31d I OOSSN N3N33H '8 SOOtir 6F:60 866T-T0-03U DEC-01-1998 09 30 JACOB & HE1-NEK t uuiniL ' - iitaizesses30 -. Iteetineetive Da. fonwAppowd,MP aw • H3BTT B-1 Right Of;Dotty Agreements Contract bouaause•Requirements Third Party Contractors Contractor shall,at its sole cost and expense.procure and maintain daring the life of this Agreesnei the following insurance coverage: a) gitaftigUrigkilligillinirana Parkling body inituy'!validity death,personal al irgury and propm-ty damage of coverage witha combined single limit of a at least 0,000.000 each oacn rrce or claim and an aggregate limit least$4.000,000. Tills IDINZance shall contain broad form conlrauduael liability with a separate geaerd aggregate for the project(lO Form CG 25(13 or equivalent). Cw.l simar fat railroads(except where the Job Site is more feet(50)ham railroad tracks,bridges,trestles.roadbeds,terminals,irrdsrpaues m� ad for at collapse and underground hazard shall be removed. Coverage purchased ham a clerks:shall merle flans to cm Least a two CO year a or discaveryperiod if(a)the coverage changes ono trset>o foram.Cb)these Is a kaacsUatlon of coverage.or(e)the succeeding claims made policy retroactive date is different for the expiring pommy. b) 10110010kilalktglitE insurance Providing beak Warr. P.rty damage and m>irsuaed vehicles coverage with a combined*Ingle limit of at least$2000,000 each occurrence or claim. This iastsvarce*boa caviar all motor vehicles inciudbg hired and non owned,and mobile equipment if eauclueied from coverage under the general public liability Winnow*. c) Nerkarggi2Mgartagligla wee covering Coatractoes statutory liability under the workers'compensation laws Con of the ewe(*)e)stint require by this Agreement.in . 'comp�ation fund Contactor ctor slzult comply with of Caatscrctot�its states that r+squire laws of such stems. If Ccs>tractor is self fastred.evidence of street pparmti must be provided, Contractor and emir insurers shall endorse the required insurance policytles)to malatilmittigligimbuoitign against Railroad. Contractor's insurance shall be primary with respect tv any ire carried by Railroad. The policies required under(a)and(b)above shall provide sevetability of interests and shall hart*Radrersd as an aeddiliaaa insured. Prior to commencing the Work,Contractor shcdljggrarkkaikpazai certificate(*)of fnsuraottce evidencing the required coverage and enskssemen s cad upon request,acertified duplicate origluci of any required policy. The c mites)shoal czgain a provision that obligates the insurance companyGea)issuing such policy(ies)to rc ify Railroad in onion g cf any material alteration ircluding any chime is the retractive dote In onrciaitneinadey policies or subetcratiolredrxtion of aggregate linzab,if such limits apply,or any c tmceliat3r nat least thirty(30)days prior ammo- j The insurance policy(iss)shall be writtanbya reputable frrsIMICc.e compnyties)acceptable to Railroad or with a current Best's Insurance Guide Rating of B cad Class VII or better.and authorized to do badness in the state(s)in which the Job Site is located. Contractor WARRANT.',that this Agreement has been thorougldym m+iewed by Contractor's insurance agent(s)/l roker(s).who have been instructed by Contractor to procure the insurance coverage required ed by this Agreement. If Contractor fails to procure and maintain insurance as required,Ratlro d nary elect to do so at the cost of Contractor. The fact that insurance is obtained by Contractor shall not be deemed to release or diminish the liability of Cow, including,without limitation,liability under the iademrdiy►provisiou of tla.kireement. Damages recoverable by Railroad shall not be limited by the amotmi of the required insurance coverage. SHAREOTSURANCCRDEINSKERB Page 4 et4 Srdw B! TOTAL P.20