EXHIBIT C.PDF

EXHIBIT C
To Supplemental Public Highway At-Grade
Crossing Improvement Agreement
Cover Sheet for the Form of
Contractor's Right of Entry Agreement

UNION PACIFIC RAILROAD COMPANY
CONTRACTOR'S RIGHT OF ENTRY AGREEMENT BUILDING AMERICA'
Standard Form Approved, AVP-Law: 03/01/13
UPRR Folder No.
(Folder Number)
UPRR Audit No.:
(Audit Number)
CONTRACTOR'S
RIGHT OF ENTRY AGREEMENT
THIS AGREEMENT is made and entered into as ..of day of
, 20 , by and between UNION PACIFIC RAILROAD
COMPANY, a Delaware corporation ("Railroad"); and
(NAME OF CONTRACTOR)
a corporation ("Contractor"):
(State ofIncorporation)
Contractor has been hired by
(Name of Public Agency)
("Public Agency") to perform work relating to
- (Work to be.P"erformed)
(the "work"), with all or a portion of such work t6 be performed on property of Railroad in the
vicinity of Railroad Mile Post eilRailroad's
('lige Post) of Subdivision)
DOT No. , lotatedd or near : , in County,
- (DOT Nutnber) (City) (County)
State of as Such location is in the general location shown on the Railroad Location
-(Stette)
Print marked Exhibit A,=and as detailed on the Detailed Prints collectively marked Exhibit A-1,
each attached hereto andhereby made a part hereof, which work is the subject of a contract dated
between Railroad and the Public Agency.
(Date of C&M Agreement)
The Railroad is willing to permit Contractor to perform the work described above at the
location described above subject to the terms and conditions contained in this Agreement
AGREEMENT:
NOW, THEREFORE, it is mutually agreed by and between Railroad and Contractor, as
follows:
File Reference Page 1 of 4
Exhibit C

UNION PACIFIC RAILROAD COMPANY
CONTRACTOR'S RIGHT OF ENTRY AGREEMENT IflUlLDING ANERICA*
Standard Form Approved, AVP-Law: 03/01/13
ARTICLE 1- DEFINITION OF CONTRACTOR.
For purposes of this Agreement, all references in this agreement to Contractor shall include
Contractor's contractors, subcontractors, officers, agents and employees, and others acting under its
or their authority.
ARTICLE 2- RIGHT GRANTED; PURPOSE.
Railroad hereby grants to 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 for the purpose of
performing the work described in the Recitals above. The right herein granted to Contractor is
limited to those portions of Railroad's property specifically described herein, or as designated by the
Railroad Representative named in Article 4.
ARTICLE 3- TERMS AND CONDITIONS CONTAINED IN EXHIBITS B, C AND D.
The terms and conditions contained in Exhibit B, Exhibit C and Exhibit D, attached hereto,
are hereby made a part of this Agreement.
ARTICLE 4- ALL EXPENSES TO BE BORNE BY CONTRACTOR; RAILROAD
REPRESENTATIVE.
A. Contractor shall bear any and all costs and expenses associated with any work performed by
Contractor, or any costs or expenses incurred by Railroad relating to this Agreement.
B. Contractor shall coordinate all of its work with the following Railroad representative(s) or his or
her duly authorized representative (the "Railroad Representative"):
Name & Address of MTM Name & Address of MSM
C. Contractor, at its own expense, shall adequately police and supervise all work to be performed by
Contractor and shall ensure that such work is performed in a safe manner as set forth in Section 7
of Exhibit B. The responsibility of Contractor for safe conduct and adequate policing and
supervision of Contractor's work shall not be lessened or otherwise affected by Railroad's
approval of plans and specifications involving the work, or by Railroad's collaboration in
performance of any work, or by the presence at the work site of a Railroad Representative, or by
compliance by Contractor with any requests or recommendations made by Railroad
Representative.
ARTICLE 5- SCHEDULE OF WORK ON A MONTHLY BASIS.
The Contractor, at its expense, shall provide on a monthly basis a detailed schedule of work
to the Railroad Representative named in Article 4B above. The reports shall start at the execution of
this Agreement and continue until this Agreement is terminated as provided in this Agreement or
until the Contractor has completed all work on Railroad's property.
Fife Reference Page 2 of 4
Exhibit C

UNION PACIFIC RAILROAD COMPANY
CONTRACTOR'S RIGHT OF ENTRY AGREEMENT BUILDING AMERICA*
Standard Form Approved, AVP-Law: 03/01/13
ARTICLE 6- TERM; TERMINATION.
A. The grant of right herein made to Contractor shall commence on the date of this Agreement,
and continue until , unless sooner terminated as herein provided,
(Expiration Date)
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's property.
B. This Agreement may be terminated by either party on ten (10) days written notice to the other
party.
ARTICLE 7- CERTIFICATE OF INSURANCE.
A. Before commencing any work, Contractor will provide Railroad with the (i) insurance binders,
policies, certificates and endorsements set forth in Exhibit C of this Agreement, and (ii) the
insurance endorsements obtained by each subcontractor as required under Section 12 of Exhibit
B of this Agreement.
B. All insurance correspondence, binders, policies, certificates and endorsements shall be sent to:
Union Pacific Railroad Company
1400 Douglas Street, Mail Stop 1690
Omaha, Nebraska 68179-1690
UPRR Folder No.
(Folder Number)
ARTICLE 8- DISMISSAL OF CONTRACTOR'S EMPLOYEE.
At the request of Railroad, Contractor shall remove from Railroad's property any employee of
Contractor who fails to conform to the instructions of the Railroad Representative in connection with
the work on Railroad's property, and any right of Contractor shall be suspended until such removal
has occurred. Contractor shall indemnify Railroad against any claims arising from the removal of
any such employee from Railroad's property.
ARTICLE 9- ADMINISTRATIVE FEE.
Upon the execution and delivery of this Agreement, Contractor shall pay to Railroad FIVE
HUNDRED DOLLARS ($500.00) as reimbursement for clerical, administrative and handling
expenses in connection with the processing of this Agreement.
ARTICLE 10- CROSSINGS; COMPLIANCE WITH MUTCD AND FRA GUIDELINES.
A. No additional vehicular crossings (including temporary haul roads) or pedestrian crossings over
Railroad's trackage shall be installed or used by Contractor without the prior written permission
of Railroad.
13. Any permanent or temporary changes, including temporary traffic control, to crossings must
conform to the Manual of Uniform Traffic Control Devices (MUTCD) and any applicable
File Reference Page 3 of 4
Exhibit C

UNION PACIFIC RAILROAD COMPANY
CONTRACTOR'S RIGHT OF ENTRY AGREEMENT BUILDING AMERICA*
Standard Form Approved, AVP-Law: 03/01/13
Federal Railroad Administration rules, regulations and guidelines, and must be reviewed by the
Railroad prior to any changes being implemented. In the event the Railroad is found to be out of
compliance with federal safety regulations due to the Contractor's modifications, negligence, or
any other reason arising from the Contractor's presence on the Railroad's property, the
Contractor agrees to assume liability for any civil penalties imposed upon the Railroad for such
noncompliance.
ARTICLE 11- EXPLOSIVES.
Explosives or other highly flammable substances shall not be stored or used on Railroad's
property without the prior written approval of Railroad.
IN WITNESS WHEREOF, the parties hereto have duly executed this agreement in
duplicate as of the date first herein written.
UNION PACIFIC RAILROAD COMPANY
(Federal Tax ID No. 94-6001323)
By
PAUL G. FARRELL
Real Estate Manager - Contracts
(NAME OF CONTRACTOR)
By
Printed Name:
Title:
File Reference Page 4 of 4
Exhibit C