HomeMy WebLinkAboutPW16-404 - Original - Union Pacific Railroad Company - Right of Entry Agreement - 10/19/2016 P
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CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission
to City Clerks Office. All portions are to be completed.
If you have questions, please contact City Clerk's Office.
Vendor Name: Union Pacific Railroad Company
Vendor Number:
JD Edwards Number
Contract Number: FVgiLS `4 OH
This is assigned by City Clerk's Office
Project Name: Right of Entry Agreement
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract
® Other: Right of Entry Agreement
Contract Effective Date: 10/19/2016 Termination Date: 1/31/2017
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: S. Smith Department: Public Works - Engineering
Contract Amount:
Approval Authority: ❑ Department Director ® Mayor ❑ City Council
Detail: (i.e. address, location, parcel number, tax id, etc.):
Installation of overhead bridge pier shafts
As of: 08/27/14
I
Exhibit nROE 880702 i
Form Approved,AVP-Law
Folder No.02996-93
MIGHT OF ENTRY AGREEMENT ,jr,, � a�3
THIS AGREEMENT is made and entered into as of October 19, 2016, by and between
UNION PACIFIC RAILROAD COMPANY, a Delaware corporation (hereinafter the "Railroad"), and
CITY OF KENT, a Washington corporation,to be addressed at 400 W. Gowe Street, ,Kent, WA 98032
(hereinafter the "Licensee").
IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:
Article 1. DEFINITION OF LICENSEE.
For purposes of this Agreement, all references in this Agreement to the Licensee shall
include the Licensee's contractors, subcontractors, officers, agents and employees,and others acting under
its or their authority.
Article 2. RIGHT GRANTED; PURPOSE,.
The Railroad hereby grants to the Licensee the right, during the term hereinafter stated
and upon and subject to each and all of the terms, provisions and conditions herein contained, to enter
upon and have ingress to and egress from the portion of Railroad's property in the vicinity of Mile Post
168.01, Seattle Subdivision, at or near Kent, Washington, for the purpose of installing overhead bridge
pier shafts. The right herein granted to Licensee is limited to those portions of the Railroad's property
specifically described herein in the location shown on the print marked Exhibit A and Exhibit A-1,
attached hereto and hereby made a part hereof, or designated by the Railroad Representative named in
Article 4.
For the purposes of Exhibit A and Exhibit A-1, Licensee acknowledges that if it or its contractor
provides to Railroad digital imagery, Licensee authorizes Railroad to use the Digital Imagery in preparing
the print attached as an exhibit hereto. Licensee represents and warrants that through a license or
otherwise, it has the right to use the Digital Imagery and to permit Railroad to use the Digital Imagery in
said manner.
The right herein granted to Licensee is also subject to the following conditions:
A. Due to potential for crane to foul tracks, Railroad Flagging will be required during shaft
installation work. The crane shall be moved or secured at end of all work shifts.
B. If traffic is intended to continue using the at-grade crossing during work(S 228th St.),the
Contractor shall verify that grade crossing signals are not disrupted or blocked by cranes or other
equipment.
C. The Contractor shall comply with the General Requirements provided below;
General Requirements:
A. All work within 25' of track centerline and/or over track shall be coordinated with the
Railroad flagger. Work utilizing cranes with potential to foul track shall also be coordinated with the
Railroad flagger.
Folder No.02996-93 '..
Exhibit 13ROE 880702
Form Approved,AVP-Law
B. No equipment, personnel or materials may encroach into the Construction Clearance
Envelope. See Exhibit A-1, attached hereto and hereby made apart hereof.
C. No equipment shall be supported on the track or ballast under load at any time-
D. No track crossings by vehicles or equipment will be permitted except at the existing at-
grade track crossing(S 228th St.).
Article 3. TERMS AND CONDITIONS CONTAINED IN EXHIBITS B AND C.
The terms and conditions contained in Exhibits B and C,hereto attached, are hereby
made a part of this Agreement.
Article 4. ALL EXPENSES TO BE BORNE BY LICENSEE;
RAILROAD REPRESENTATIVE.
The Licensee shall bear any and all costs and expenses associated with any work
performed by the Licensee, or any costs or expenses incurred by the Railroad relating to this Agreement.
All work performed by Licensee on Railroad's property shall be performed in a manner satisfactory to the
representative local Manager of Track Maintenance of the Railroad or his authorized representative
(hereinafter the Railroad Representative):
DOMINIC R. MARCHIONE JOSEPH COBARRUBIA
MGR TRACK MNTCE MGR SIGNAL MNTCE
2770 N. Going St. 1055 Jackson St SE
Portland, OR 97217 ALBANY, OR 97322
Cell Phone: 530 410-2164 Cell Phone: 541 619-7541
Email: drmarchi��&ip.com Email: jcobarruZi')up.com
Article 5. TERM; TERMINATION.
A. The grant of right herein made to Licensee shall commence on the date of this
Agreement, and continue until January 31, 2017, unless sooner terminated as herein provided, or at such
time as Licensee has completed its work on Railroad's property, whichever is earlier. Licensee 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 6. CERTIFICATE OF INSURANCE.
A. Before commencing any work, the Licensee will provide the Railroad with a Certificate
issued by its insurance carrier providing the insurance coverage required pursuant to Exhibit C of this
Agreement.
B. Union Pacific should be listed as certificate holder and all insurance correspondence shall
be directed to: Union Pacific Railroad Company, Director (Attu.: Norma Reynolds - Folder No.02996-
93), 1400 Douglas Street STOP 1690, Omaha,Nebraska 68179-1690.
Polder No.02996-93
Exhibit BROE 880702
Form Approved,AVP-Law
Article 7. PROTECTION OF FIBER OPTIC CABLE SYSTEMS.
Fiber optic cable systems may be buried on Licensor'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 Licensee shall
telephone the Railroad at 1-800-336-9193 (a 24-hour number) to determine if fiber optic cable is buried
anywhere on the property set forth herein. If it is, the Licensee shall also comply with and be subject to
the provisions contained in Section 6 of Exhibit B.
Article 8. ENFORCEABILITY; CHOICE OF LAW: CHOICE OF FORUM.
This Agreement shall he 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 state of Nebraska and Washington only, and the parties consent to
jurisdiction over their person and over the subject matter of any such litigation, in those courts, and
consent to service of process issued by such courts.
Article 9. LICENSE FEE.
Licensee shall pay, and Railroad shall accept, upon the execution and return of this
instrument, the nonrefundable sum of Three Thousand Dollars ($3,000.00) to cover Railroad's cost to
prepare and administer this Agreement.
Flagging charges are not included in the sum recited in the preceding paragraph, and will
be billed separately, if incurred.
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 KENT
Federal Tax aver°LD. #94-6007323
Kylan D. rawx
Senior Manager—Real`Estate Printed Name:
Title:
14A,,i�I. vs '"r=<-11;
(Pursuant to ordinance, resolution, or other evidence of proper authority to execule this instrument, a
copy of which shall be attached to the Railroad's original counterpart of this document.)
Folder No.02996-93
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EXHIBIT B
Section 1- NOTICE OF COMMENCEMENT OF WORK—FLAGGING.
The Licensee agrees to notify the Railroad Representative at least Ten (10) days 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 Ragging or other services,the Licensee shall not be relieved of any of its
responsibilities or liabilities set forth herein.
Section 2- LIMITATION 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 RAILROAD'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- MECHANIC'S LIENS.
The Licensee shall pay in fall all persons who perform labor or provide materials for the work to
be performed by Licensee. The Licensee shall not create, 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
ROIL 920316
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ROE 880702
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all liens, 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.
Section 6- FIBER OPTIC CABLE SYSTEMS.
In addition to other indemnity provisions in this Agreement, the Licensee shall indemnify mud
hold the Railroad harmless from and against all costs, liability and expense whatsoever (including,
without limitation, attorneys' fees, court costs and expenses) arising out of any act or omission of the
Licensee, its contractor, agents and/or employees, that causes or contributes to (1) any damage to or
destruction of any telecommmzications system on Railroad's property, and (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. Licensee shall not have or seek recourse against Railroad 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 Railroad's property or a customer or user of services of
the fiber optic cable on Railroad's property.
Section 7- COMPLIANCE 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 attorneys'
fees, court costs and expenses. The Licensee further agrees in the event of any such action, upon notice
thereof being provided by the Railroad, to defend such action free of cost, charge, or expense to the
Railroad.
Section 8- SAFETY INSTRUCTIONS.
Safety of personnel, property, rail operations and the public is of paramount importance in the
prosecution of the work pursuant to this Agreement. As reinforcement and in furtherance of overall
safety measures to be observed by the Licensee (and not by way of limitation), the following special
safety rules shall be followed:
a. The Licensee shall keep the job site free from safety and health hazards and ensure that its
employees are competent and adequately trained in all safety and health aspects of the job. The Licensee
shall have proper first aid supplies available on the job site so that prompt first aid services can be
provided to any person that may be injured on the job site. The Licensee shall promptly notify the
Railroad of any U.S. Occupational Safety and Health Administration reportable injuries occurring to any
person that may arise during the work performed on the job site. The Licensee shall have anon-delegable
duty to control its employees, while they are on the job site or any other property of the Railroad to be
certain they do not use, be under the influence of, or have in their possession any alcoholic beverage or
illegally obtained drug, narcotic or other substance that may inhibit the safe performance of work by an
employee.
ROE 920316
Norm Approved,AVP-Law
ROE 880702 '..
Form Approved,AVP-Law
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
wont, the trouser bottoms must be tied to prevent catching. The employees should wear sturdy and
protective footwear. Employees 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 warn
shall be:
(1) Protective head gear that meets American National Standard-Z89.I-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, Binding, burning, etc.; and
(3) Hearing protection which affords enough attenuation to give protection from noise
levels that will be occurring on the job site.
c. All heavy equipment provided or leased by the Licensee shall be equipped with audible back-
up warning devices. If in the opinion of the Railroad Representative any of Licensee's or any of its
subcontractors' equipment is unsafe for use on the Railroad's right-of-way, the Licensee, at the request of
the Railroad Representative,shall remove such equipment from the Railroad's right-of-way.
Section 9- INDEMNITY.
a. As used in this Section, "Railroad" includes other railroad companies using the Railroad's
property at or near the location of the Licensee's installation and their officers, agents, and employees;
"Loss" includes loss, damage, claims, demands, actions, causes of action, penalties, costs, and expenses
of whatsoever nature, including court costs and attorneys' fees, which may result from: (i) 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 (ii) 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 acid in consideration of the license and permission herein granted, the
Licensee agrees to indemnify and hold han nless 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.
c. Any liability of either party hereunder to one of its employees under any Workers'
Compensation Act or the Federal Employers' Liability Act shall not be questioned or in any way
challenged by the other party, nor shall any jury or court findings, resulting from any employee's suit
against either party pursuant to any such Act(s), be relied upon or used by either party in any attempt to
assert common law liability against the other.
ROF.920316
Fomr Approved,AVP-Law '
ROE 880702
Form Approved,AVY-Law
Section 10- RESTORATION OF PROPERTY.
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.
Section 11 - WAIVER OF BREACH.
The waiver by the Railroad of the breach of any condition, covenant or agreement herein
contained to be kept, observed and performed by the Licensee shall in no way impair the right of the
Railroad to avail itself of any remedy for any subsequent breach thereof.
Section 12- ASSIGNMENT—SUBCONTRACTING.
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.
ROE 920316
Form Approved,AVP-Law
ROE,880702
Form Approved,AVP-Law p��
Rev 090506 EXHIBIT
C
Union Pacific Railroad
Contract Insurance Requirements
Right of Entry Agreement
Licensee shall, at its sole cost and expense, procure and maintain during the life of this Agreement
(except as otherwise provided in this Agreement)the following insurance coverage:
A. Commercial General Liability insurance. Commercial general liability (CGL) with a limit of
not less than $5,000,000 each occurrence and an aggregate limit of not less than $10,000,000. CGL
insurance must be written on ISO occurrence form CG 00 01 12 04 (or a substitute form providing
equivalent coverage).
The policy must also contain the following endorsement, which must be stated on the certificate of
insurance:
• Contractual Liability Railroads ISO form CG 24 17 10 01 (or a substitute form providing
equivalent coverage) showing"Union Pacific Railroad Company Property" as the Designated Job
Site.
B. Business Automobile Coverage insurance. Business auto coverage written on ISO form CA 00
O1 (or a substitute form providing equivalent liability coverage) with a combined single limit of not less
$2,000,000 for each accident.
The policy must contain the following endorsements, which must be stated on the certificate of insurance:
• Coverage For Certain Operations In Connection With Railroads ISO form CA 20 70 10 01 (or a
substitute form providing equivalent coverage) showing "Union Pacific Railroad Company
Property"as the Designated Job Site.
• Motor Carrier Act Endorsement-Hazardous materials clean up(MCS-90) if required by law.
C. Workers Compensation and Emplovers Liability insurance. Coverage must include but not be
limited to:
Licensee's statutory liability under the workers' compensation laws of the state(s) affected by this
Agreement.
Employers'Liability(Part B)with limits of at least$500,000 each accident, $500,000 disease policy limit
$500,000 each employee.
If Licensee is self-insured, evidence of state approval and excess workers compensation coverage must be
provided. Coverage must include liability arising out of the U. S. Longshoremen's and Harbor Workers'
Act,the Jones Act,and the Outer Continental Shelf Land Act,if applicable.
D. Railroad Protective Liability insurance. Licensee must maintain Railroad Protective Liability
insurance written on ISO occurrence form CG 00 35 12 04 (or a substitute form providing equivalent
coverage) on behalf of Railroad as named insured, with a limit of not less than$2,000,000 per occurrence
and an aggregate of $6,000,000. A binder stating the policy is in place must be submitted to Railroad
before the work may be commenced and until the original policy is forwarded to Railroad.
ROE 920316
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ROE 980702
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E. Umbrella or Excess insurance. if Licensee utilizes umbrella or excess policies, these policies
must`follow form" and afford no less coverage than the primary policy.
F. Pollution Liability insurance. Pollution Liability coverage must be included when the scope of
the work as defined in the Agreement includes installation, temporary storage, or disposal of any
"hazardous"material that is injurious in or upon land,the atmosphere, or any watercourses; or may cause
bodily injury at anytime.
Pollution liability coverage must be written on ISO form Pollution Liability Coverage Form Designated
Sites CG 00 39 12 04 (or a substitute form providing equivalent liability coverage), with limits of at least
$5,000,000 per occurrence and an aggregate limit of$10,000,000.
If the scope of work as defined in this Agreement includes the disposal of any hazardous or non-
hazardous materials from the job site, Licensee must furnish to Railroad evidence of pollution legal
liability insurance maintained by the disposal site operator for losses arising from the insured facility
accepting the materials, with coverage in minimum amounts of $1,000,000 per loss, and an annual
aggregate of$2,000,000.
Other Requirements
G. All policy(ies) required above (except business automobile, worker's compensation and
employers liability) must include Railroad as "Additional Insured" using ISO Additional Insured
Endorsement CG 20 26, (or substitute form(s) providing equivalent coverage). The coverage provided to
Railroad as additional insured shall not be limited by Licensee's liability under the indemnity provisions
of this Agreement. BOTII LICENSEE AND RAILROAD EXPECT THAT UNION PACIFIC
RAILROAD COMPANY WILL BE PROVIDED WITH THE BROADEST POSSIBLE COVERAGE
AVAILABLE BY OPERATION OF LAW UNDER ISO ADDITIONAL INSURED FORM CG 20 26.
H. Punitive damages exclusion, if any, must be deleted(and the deletion indicated on the certificate
of insurance), unless(a) insurance coverage may not lawfully be obtained for any punitive damages that
may arise under this agreement,or(b)all punitive damages are prohibited by all states in which this
agreement will be performed..
1. Licensee waives all rights against Railroad and its agents, officers, directors and employees for
recovery of damages to the extent these damages are covered by the workers compensation and
employers liability or commercial umbrella or excess liability insurance obtained by Licensee required by
this agreement.
J. Prior to commencing the work, Licensee shall furnish Railroad with a certificate(s) of insurance,
executed by a duly authorized representative of each insurer, showing compliance with the insurance
requirements in this Agreement.
K. All insurance policies must be written by a reputable insurance company acceptable to Railroad
or with a current Best's Insurance Guide Rating of A- and Class Vll or better, and authorized to do
business in the state(s)in which the work is to be performed.
L. The fact that insurance is obtained by Licensee will not be deemed to release or diminish the
liability of Licensee, including, without limitation, liability under the indemnity provisions of this
Agreement. Damages recoverable by Railroad from Licensee or any third party will not be limited by the
amount of the required insurance coverage.
ROE 920316
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i
CONTRACTOR'S ENDORSEMENT
Folder No.02996-93
A. As a condition to entering upon Licensor's right-of-way to perform work pursuant to this
Agreement,Licenscds contractor(Fill in):
AA Asphalting LLC
14720 Puyallup Street
Sunnier,WA 98390
(hereinafter"Contractor") agrees to comply with all the terms and provisions of this Agreement relating
to the work to be performed and the insurance requirements set forth in Exhibit C.
B. Before the Contractor commences any work, the Contractor will pay the Licensor a
nonrefundable payment of$500 upon execution and return of this Contractor's Endorsement, and will
provide the Licensor with a certificate issued by its insurance carrier providing the insurance coverage.
required pursuant to Exhibit C in a policy which contains the following type endorsement:
UNION PACIFIC RAILROAD COMPANY is named as an additional insured
with respect to all liabilities arising out of Insured's performance of work on behalf of the
Licensee.
All insurance correspondence shall be directed to:Norma Reynolds-Folder No.02996-93,Union Pacific
Railroad Company, 1400 Douglas Sheet STOP 1690,Omaha,Nebraska 68179-1690.
AA Asphalting LLC
(Please print Conh•aeto ame above)
Jeff Jewett
rf1e: CEO
CONTRACTOR'S ENDORSEMENT
Folder No.02996-93
A. As a condition to entering upon Licensoe's right-of-way to perform work pursuant to this
Agreement, Licensee's contractor(Fill in):
Malcolm Drilling Co., Inc.
8701 S. 192nd St. —
Kent WA 98011
(hereinafter"Contractor") agrees to comply with all the terms and provisions of this Agreement relating
to the work to be performed and the insurance requirements set forth in Exhibit C.
B. Before the Contractor commences any work, the Contractor will pay the Licensor a
nonrefundable payment of$500 upon execution and return of this Contractor's Endorsement, and will
provide the Licensor with a certificate issued by its insurance carrier providing the insurance coverage
required pursuant to Exhibit C in a policy which contains the following type endorsement:
UNION PACIFIC RAILROAD COMPANY is named as an additional insured
with respect to all liabilities arising out of Insured's performance of work on behalf of the
Licensee.
All insurance correspondence shall be directed to:Noma Reynolds -Folder No. 02996-93,Union Pacific
Railroad Company, 1400 Douglas Sheet STOP 1690,Omaha,Nebraska 68179-1690.
1A4(0l0 DKI �4 Co,ate
(Please print Contract r°s Name above)
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CONTRACTOR'S ENDORSEMENT
Folder No. 02996-93
A. As a condition to entering upon Licensor's right-of-way to perform work pursuant to this
Agreement,Licensee's contractor(Fill in):
Scarsella Bros Inc.
P O Box 68697
Seattle WA 98168
(hereinafter"Contractor")agrees to comply with all the terms and provisions of this Agreement relating
to the work to be performed and the insurance requirements set forth in Exhibit C.
B. Before the Contractor commences any work, the Contractor will pay the Licensor a
nonrefundable payment of$500 upon execution and return of this Contractor's Endorsement, and will
provide the Licensor with a certificate issued by its insurance carrier providing the insurance coverage
required pursuant to Exhibit C in a policy which contains the following type endorsement:
UNION PACIFIC RAILROAD COMPANY is named as an additional insured
with respect to all liabilities arising out of Insured's performance of work on behalf of the
Licensee.
All insurance correspondence shall be directed to:Norma Reynolds-Folder No, 02996-93,Union Pacific
Railroad Company, 1400 Douglas Street STOP 1690,Omaha,Nebraska 68179-1690.
�aetZ, .,SCr4�Se-LZ�--
(Please print Contractor's Name above)
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Title: Vinp Pnngiriant
CONTRACTOR'S ENDORSEMENT
Folder No. 02996-93
A. As a condition to'entering upon Licensor's right-of-way to perform work pursuant to this
Agreement,Licensee's contractor(Fill in):
SB Structures, LLC
P 0 Box 68847
Seattle, WA 98168
(hereinafter "Contractor")agrees to comply with all the terms and provisions of this Agreement relating
to the work to be performed and the insurance requirements set forth in Exhibit C.
B. Before the Contractor commences any work, the Contractor will pay the Licensor a
nonrefundable payment of$500 upon execution and return of this Contractor's Endorsement, and will
provide the Licensor with a certificate issued by its insurance carrier providing the insurance coverage
required pursuant to Exhibit C in a policy which contains the following type endorsement:
UNION PACIFIC RAILROAD COMPANY is named as an additional insured
with respect to all liabilities arising out of Insued's performance of work on behalf of the
Licensee.
All insurance correspondence shall be directed to:Norma Reynolds-Folder No. 02996-93,Union Pacific
Railroad Company, 1400 Douglas Street STOP 1690, Omaha,Nebraska 68179-1690.
Bob Scarsella
(Please print Co actor's Larne abovta)
f
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itle: Member
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ys �October 19, 2016
Folder: 02996-93 x`
SUSANNE PROVENCIO SMITH
CITY OF KENT
400 W. GOWE STREET
KENT WA 98032
Mrs. Smith:
Attached is your original copy of our agreement, fully executed on behalf of the Railroad
Company.
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.
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.
In compliance with the Internal Revenue Service's new policy regarding their Form 1099, this is
to advise you that 94-6001323 is Union Pacific Railroad Company's correct Federal Taxpayer
Identification Number and we are doing business as a corporation.
All future insurance notices should be forwarded to:
Union Pacific Railroad Company
(Attention: Norma Reynolds-Folder No. 02996-93)
1400 Douglas St.STOP 1690
Omaha,NE 68179-1690
Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 N.(402)501-0340
In advance of entering the right of way,you should arrange to notify:
REMY L. STEFFER JOSEPH COBARRUBIA
MGR TRACK MNTCE MGR SIGNAL MNTCE
17225 E. Arenth Ave. 1055 Jackson St SE
City of Industry,CA 91748 ALBANY, OR 97322
Cell Phone: 210 232-6546 Cell Phone: 541619-7541
Email: rlsteffe(4tp.com Email: jcobarruCCirp.com
Sincerely,
"^
Norma Reynolds
Asst Manager-Real Estate
(402) 544-8553
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