Loading...
HomeMy WebLinkAboutChicago Central and Pacific Railroad Company-5/7/2012(1 0U i, ((c ( CITY OF WATERLOO JA DEPARTMENT OF ENGINEERING TRANSMITTAL 715 Mulberry Street Waterloo, IA 50703 DATE:10/8/12 TO: Maria Armstrong Transmitted herewith are: QUANTITY Contract No.790 P OJECT:NHSX-063-6(88)-3H-07 DESCRIPTION Agreement Change Order Contracts and Bonds Engineering Contract Maintenance Bond Plans and Specifications Punch List TV Reports Three (3) Licenses For Underground Pipelines, Cables and Conduits n n n n n For your Action For your Approval For your Information For your signature Other n n n Per Your Request Per our Conversation For your review For your Files COMMENTS: Cc: Michelle Weidner w/attachments, Pauline Closson w/attachments, Dennis Clark, P.E. w/attachments, File w/attachments City Engineering Department By. Jeff Bale, sociate Engineer LICENSE FOR UNDERGROUND PIPELINES, CABLES AND CONDUITS THIS AGREEMENT made in duplicate this 8th day of March, 2012, between CHICAGO, CENTRAL & PACIFIC RAILROAD COMPANY, party of the first part, hereinafter called the Railroad, and City of Waterloo 715 Mulberry Street Waterloo, IA 50703 Party or parties of the second part, hereinafter called the Licensee, WITNESSETH: File P-9887-1 ;PC* 1. In consideration of a one time fee of $ 0.00 in hand paid by the Licensee to the Railroad, the receipt whereof is hereby acknowledged and the faithful performance by the Licensee of the covenants herein contained, the Railroad, insofar as it lawfully may, hereby grants to the Licensee license and permission to construct and maintain a 52" RCP storm sewer & 60" RCP storm sewer (see attachment) (whether one or more pipes, cables or conduits hereinafter referred to as the "pipeline") across, along and underneath the property of the Railroad at Mile Post 1.04 in Waterloo, IA, said pipeline being more particularly shown upon the exhibits hereto attached and made apart hereof, subject to the following conditions and specifications attached. 2. The license and permission herein granted to Licensee are subject and subordinate, however, to the rights in Railroad, its successors and assigns, its grantees, lessees and licensees, to construct, reconstruct, operate, use, maintain, repair and renew on, beneath or above the property covered hereby, and any structures, improvements or facilities of similar or different character as are now or in the future may be located on, beneath or above said properties. 3. Licensee shall, except in emergencies, give not Iess than 72 hours written notice to Railroad of the day, hour and location that it proposes to undertake any construction or maintenance work and in the event of an emergency shall notify Railroad as soon as possible. Licensee shall require each of its contractors and subcontractors to observe and conform to the conditions and requirements specified herein; and for the purposes of the safety, protective and indemnification provisions hereof, such contractors and subcontractors, their agents, servants and employees, and other persons on the Railroad property at the invitation of the Licensee, its contractors or subcontractors, shall be deemed the agents or employees of the Licensee. 4. Licensee shall, at no expense to Railroad, obtain all permits and approvals required to exercise this license and Licensee shall install, maintain and operate its facilities in accordance with all requirements of lawful public authority. Licensee shall be responsible for any taxes, assessments and charges made against the pipeline or other of Licensee's facilities on Railroad's property or the operation of any of them. 5. The pipeline shall be installed at least 10.2 feet below the tracks of the Railroad, measured from base of rail to top of pipeline or, if no tracks are located on the property, at least 3 feet below natural ground. Said pipeline shall be constructed of such material and in such a manner as will assure the safety of Railroad. Railroad's authorized representative shall have the right, but not the duty, to require certain materials or procedures to be used or to supervise the construction, maintenance, restoration or other work on Railroad's property. If in the opinion of Railroad's authorized representative casing of the pipeline is required at the time of installation or at any time subsequent thereto, Licensee shall promptly arrange for such casing at its own risk and expense. 6. If, in the opinion of the authorized representative of Railroad the work to be done by the Licensee pursuant to this agreement will make necessary or desirable any change in the Railroad's facilities, or those of the Railroad's tenants or licensees, on the Railroad's property, the Railroad shall have the right, but not the duty, to make such changes, the expense thereof to be borne by the Licensee. Railroad shall have the right, but not the duty, to furnish flagging or other protection or to perform work to support its tracks or otherwise protect its property or facilities at any time, at Licensee's sole risk and expense. 7. Licensee agrees at any time, or from time to time, at its own risk and expense, upon request of the authorized representative of the Railroad, to make such change or changes as may be necessary in the opinion of said representative to accommodate any change or improvements which Railroad may desire to make in or upon its property. In case Licensee shall fail within thirty (30) days after notice from Railroad to make such change or changes, Railroad shall have the right, but not the duty, to make such change or changes, or remove Licensee's facilities from said property at the risk and expense of Licensee. 8. Licensee shall at its expense take such measures as may be necessary and adequate in connection with its property or the property of railroad to protect facilities of Railroad and those of others using Railroad's property from interference by induction, conduction, physical contact or otherwise attributable to the exercise by Licensee of the license granted to it. In the event Railroad advises Licensee to take any action to protect Railroad, its facilities or facilities on Railroad's property, Licensee shall promptly take the indicated action, including, but not limited to, stopping the operation of the pipeline. If Licensee fails to do so, Railroad shall have the right, but not the duty, to perform on behalf of Licensee at the sole risk and expense of Licensee. 9. In the event Railroad elects to renew, replace, repair or alter any tracks or other facilities or to construct new facilities or to make other use of the property covered by this license, and in connection therewith requires the removal of any facilities placed by Licensee on Railroad's property or should any facilities of Licensee need renewal or repair, Licensee shall, within 30 days of receipt of notice, arrange for such removal, renewal or repair at Licensee's risk and expense. In the event removal is required, the facilities shall be relocated at such location on Railroad's property as is designated by Railroad, provided that Railroad's authorized representative determines that a location is reasonably available. Renewal or repair shall be to such condition as is indicated by Railroad's authorized representative. If Licensee fails to comply with the foregoing, Railroad shall have the right, but not the duty, to remove, renew or repair such facilities at the sole risk and expense of Licensee. 10. Cost and expense for work performed by the Railroad pursuant to this agreement shall consist of the direct cost of labor and material plus Railroad's standard additives in effect at the time the work is performed. All payments required of Licensee under this agreement shall be made promptly upon presentation of a bill. 11. Licensee, as a further consideration and as a condition without which this license would not have been granted, agrees to indemnify and save harmless Railroad, its officers, employees and agents and to assume all risk, responsibility and liability for death of, or injury to, any persons, including, but not limited to, officers, employees, agents, patrons and licensees of the parties hereto, and for loss, damage or injury to any property, including but not limited to, that belonging to the parties hereto (together with all liability for any expense, attorneys' fees and costs incurred or sustained by the Railroad, whether in defense of any such claims, demands, actions and causes of action or in the enforcements of the indemnification rights hereby conferred) arising from, growing out of, or in any manner or degree directly or indirectly caused by, attributable to, or resulting from the grant or exercise of this license or the construction, maintenance, repair, renewal, alteration, change, relocation, existence, presence, use, operation, or removal of any structure incident thereto, or from any activity conducted on or occurrence originating on the area covered by the license regardless of the negligence of Railroad, its officers, employees and agents. Licensee further agrees to release and indemnify and save harmless Railroad, its officers, employees, agents, patrons or invitees from all liability to Licensee, its officers, employees, agents or patrons, resulting from railroad operations at or near the area in which the license is to be granted whether or not the death, injury or damage resulting therefrom may be due to the negligence of the Railroad, its officers, employees or agents or otherwise. At the election of Railroad, the Licensee, upon receipt of notice to that effect, shall assume or join in the defense of any claim based upon allegations purporting to bring said claim within the coverage of this section. 12. Licensee shall secure, and maintain in place so long as this agreement is in effect, Commercial General Liability Insurance (Occurrence Form) in an amount not less than $5,000,000 per occurrence, with an aggregate of not less than $10,000,000 per annual period. The policy must name Railroad and its parent company, Canadian National Railway Company, as additional insured's in the following form: Chicago Central & Pacific Railroad Company, and its Parent Corporation, Canadian National Railway Company 17641 S Ashland Ave Homewood, 1160430 The policy must not contain any provisions excluding coverage for injury, loss or damage arising out of or resulting from (a) doing business on, near, or adjacent to railroad track or facilities, or (b) surface or subsurface pollution, contamination or seepage, or from handling, treatment, disposal or dumping of waste materials or substances. Before commencing work, Licensee shall deliver to Railroad a certificate of insurance evidencing the foregoing coverage's and true and complete copies of the policies described above. Each policy shall include a waiver by the insurer of any right of subrogation against any recovery by or on behalf of any insured. Each policy shall provide for not less than thirty days prior written notice to Railroad of cancellation of or any material change in that policy. 13. It is expressly understood Railroad does not warrant title to the premises and Licensee accepts the grant of privileges contained herein subject to all lawful outstanding existing liens and superior rights. Licensee agrees it shall not have to make any claim against Railroad for damages on account of any deficiency in title and agrees that in the event of failure or insufficiency of such title the sole remedy of Licensee shall be the right to return of the consideration paid in advance, provided for herein, or a proportionate part thereof in the event of a partial deficiency or insufficiency of title. Licensee further agrees to indemnify and save harmless the Railroad and to assure all risk, responsibility and liability (including 4 any expenses, attorneys' fees and costs incurred or sustained by Railroad) arising from, growing out of, or in any manner or degree directly or indirectly attributable to or resulting from any deficiency or insufficiency of its title affecting the right of the Railroad to make this grant. 14. This agreement shall continue in force indefinitely from and after the date hereof, subject, however, to the right of either party to terminate this agreement as to the entire pipeline and all of the facilities of Licensee, or any part thereof, at any time or from time to time, as it may require, upon giving the other party ninety (90) days notice in writing of its desire to terminate this agreement, and indicating in said notice the extent of said line and facilities to which such termination shall apply. When this agreement shall be terminated as to the entire line and all of the facilities of Licensee or as to any part thereof, Licensee within thirty (30) clays after the expiration of the time stated in said notice, agrees at its own risk and expense to remove said facilities from the property of Railroad, or such portion thereof as Railroad shall require removed, and to restore the railroad premises to a neat and safe condition, and if Licensee shall fail to do so within said time, Railroad shall have the right, but not the duty, to remove and restore the same, at the risk and expense of Licensee. Nothing herein contained shall be construed as conferring any property right on Licensee. 15. In case Railroad shall at any time, or from time to time, require the removal of only a portion of said pipeline, this agreement shall continue in force and be applicable to the portion of portions of said pipeline and other facilities remaining from time to time until said entire pipeline has been removed and the rental shall be adjusted accordingly. 16. Nothing in this agreement shall be construed to place any responsibility on Railroad for the quality of the construction, maintenance or other work performed on behalf of Licensee hereunder or for the condition of any of Licensee's facilities. Any approval given or supervision exercised by Railroad hereunder, or failure of Railroad to object to any work done, material used or method of construction, reconstruction or maintenance, shall not be construed to relieve Licensee of its obligations under this Agreement. 17. This Agreement shall not be binding on either party hereto until all parties have executed the space provide below. 18. This agreement shall be binding on the successors and assigns of the parties hereto, but no assignment hereof by the Licensee, its successors, legal representatives or assigns; shall be binding upon the Railroad without its written consent in each instance. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in duplicate, the day and year first above written. CHICAGO CENTRAL & PACIFIC RAILROAD COMPANY By: B Michael F. Deegan CITY OF WATERLOO usiness Development and Real Estate Name and Title v6 i- 6. Cla r -ie-, INITIAL NOTIFICATION OF INTENT TO CONSTRUCT PIPEUNE CROSSING/ENCROACHMENT Complete this form and return it Wong with a non-refundable preparation see of $750 made out to CN. DATES/9/11 1.Owner/Applicant initomiation Name and Address: City of Wateroo 715 Mulberry street, Waterloo, Iowa o/�3 Authorized Representative: Eric A. Thorson Title City Engineer PhoneNumber: 119-291-4W Fax Number Email eric.thorsongwater1oo-ia.org 11-41eatienOtPiPelhm Crosses US Hwy 63 just North Pipeline Location Mile Post of WCF_ON Drive phos feet (I parallel) to Mite Post 1. 04 W plus feet At or Near Waterloo. Iowa (Name of City, Town, Wage) 3. Conninoaty to be benmitted It. pipe Storm Sewer (, air, mar, gasoline another petroleum products, specify: mural or artificial gas. If sewer, identify as to force or gravity tom, sanllary, storm or chemical waste - sem►) 4. ,Data PIPE CASING EIPE A.Inside D 43.75" X 26.625" B. 52.75" x 35.625" C. Wall Thickness: 4.5" D. Pipe Material: RCP E. Spedfcahon/Gr de or class: ASTM 0506 F. Min. Yield Point of Material Ult.3, 750. lbs. G. Proof Manufacture Cast Process H. of ran ---` I. Type of Joint Tongue & Groove J. Working Pressure 0 K. Maximum operating pressure in pipeline:0 (psi by 9augei L. Length of Casing pipe: n Feet M. Will casing pipe/uncased carrier pipe be cathadicaUy protected: No . N_ Hydrostatic pressure carrier pipe will be tested lath before using 0. (psi) O. WII casing pipe be vented? --- Site: --- P. Will caskrg plpehmoased carrier pipe have a proteche coating? --- Type: Q. Depth of top of casing or uncesed carrier pipe below base of rail or top of 10.2 (M'nrhnum at closest point) R. Method of installing casing pipe /uncased cattier pipe Dry Bore & Jack (dry bore & jack, directional, tunnel, other-' ) Ash to this appfcatian (3 copies) shoaling north arrow and a location stretch with crossings measured from the nearest railroad mhle post and a profile sketch of actual sltuagoris stowing relaficaship of tracks, costour of ground, the buried pipe, etc, Distance from each faddy ( t) to the centedae of nearest road, crossing, bridge or ether Railroad struchnes, must be dearly knficated. Right of way lines of railroad and labeled Street or highway, if bivalved, should also be shown. 1 'molts ett 0s10 Matte VeN0A111 it 'A0414* JO ratIS Pogolp� P8curfai )0 ssuil ABM 146121 Vele331:44 AtteeP eq snw Nsemq0011e PecuLteN Jalp '8upasata 'pato Isamu Jo swaps, alpo (grauspeanua) Asps; (pea woe authesiaoo WO paling ele Inetwais -1001000 N01304 40 dittemilettm 601,N311e suoPrILI0 rq00 40 e pue Pod ow PealLtm aqi etas pa1f1Seelli seuissota tam qaitem uogeaq e pue moue twos flues (saidoa uo9 • spit oupeev (foods -184:0 'FikUUM leu0A034P ',1301 It wog Mp) xaer azos &Tar adid.saimea paseatue adid &pea 4 • jo sown (Mod leesaP e lunuquwil) law, :7,7, mown jo &ex, 9al jo aseq leoiaq adyi 11114110 paseoun io Wpm jo dao Wag 73 • u Musson amassed e amaq edict rain ease:am/eV Bowel IW. d Nazis LPelutm eqadid Bute00 Li '0 09.14 o &Mee elOJ? q Wm P0S4atl edtd Jot= aelssald 0110100iPAH "N . ON 4eveguid 4.:0wo ail palmouryacild &two NAAR 4033 u :edld 5Anse3 /0 Waal (8130136 Aq !ed) 24W* u!emssetd 8ugated0 turttufwera a 0 emesaid &TOW T 0400.10 arthuoz eller 10 BAAL 1 Jeini30111ueil euteN 'ft emPeiratei4J0 see00Id '0 qseD letteletfil lutod Ralik "Ittri 3 "scli'OSL'E'4I8 90SD NISV :ap2oeuoopodS ' uSZLE.06 x uS'09 IsSZLE'LE x ub4L LS 3dId 9P8Sir3 adld -). :letteleV9 edld .18Eatela ePraino '8 lewel0 e0001 Assam :tamesJIes6 (pade- Mesa 160P08440 tuts 1031Pteeiiij MjI io 80/4 oj so ma penes :Itspetbs-ix0peatp 'spopetati Loney:wad Alp JO sogo0e8 ',latest ttie 'weals) somas les04s ' ' " sq 01 ' que0 (aBsINA Ium0.1. A10 40 0110W) 1014 artid eft i0 I :Pod sHIN 01 (1011Ated A) Pe4 1 ,t, aotcrza liVaD/4 JO °d t i.., t1011Baul oulladld inami qtanc £9 AIH en sassoi3 4141: 30 • 7 emoi 'oorzelem Amatoopi baweT-ooixe4emouoszoqq-0T/0 jeUi isquirw X�J Lt.tr- Lb -b U XXIUUFFN OtIOLId zeauT bus El TO eittl. uosaolu, -v oTa--4 Ampiquatmuclatipazglemy clung emoI '00T1elet4 '40eJ4S otaamii0N StL oosal.em ;0 .0401 MealppVplleeleeN / 6/ 6:awo N3 01100 0P010 WISP etktuasessdaniamsputajes-uou s wok &tope unqat pim um* spg spiphisra .11,191NH3V0140N910NISSOtI3 3N1T3did ionaLsNoo 01 IPELLNI AO NOM/014110N -MIMI CCPJ1�4j LICENSE FOR UNDERGROUND PIPELINES, CABLES AND CONDUITS THIS AGREEMENT made in duplicate this 8th day of March, 2012, between CHICAGO, CENTRAL & PACIFIC RAILROAD COMPANY, party of the first part, hereinafter called the Railroad, and City of Waterloo 715 Mulberry Street Waterloo, IA 50703 Party or parties of the second part, hereinafter called the Licensee, WITNESSETH: File P-9887-2 I . In consideration of a one time fee of $ 0.00 in hand paid by the Licensee to the Railroad, the receipt whereof is hereby acknowledged and the faithful performance by the Licensee of the covenants herein contained, the Railroad, insofar as it lawfully may, hereby grants to the Licensee license and permission to construct and maintain a 14" PVC Sanitary Sewer in a 24" Steel casing (see attachment) (whether one or more pipes, cables or conduits hereinafter referred to as the "pipeline") across, along and underneath the property of the Railroad at Mile Post 1.04 in Waterloo, IA, said pipeline being more particularly shown upon the exhibits hereto attached and made apart hereof, subject to the following conditions and specifications attached. 2. The license and permission herein granted to Licensee are subject and subordinate, however, to the rights in Railroad, its successors and assigns, its grantees, lessees and licensees, to construct, reconstruct, operate, use, maintain, repair and renew on, beneath or above the property covered hereby, and any structures, improvements or facilities of similar or different character as are now or in the future may be located on, beneath or above said properties. 3. Licensee shall, except in emergencies, give not less than 72 hours written notice to Railroad of the day, hour and location that it proposes to undertake any construction or maintenance work and in the event of an emergency shall notify Railroad as soon as possible. Licensee shall require each of its contractors and subcontractors to observe and conform to the conditions and requirements specified herein; and for the purposes of the safety, protective and indemnification provisions hereof, such contractors and subcontractors, their agents, servants and employees, and other persons on the Railroad property at the invitation of the Licensee, its contractors or subcontractors, shall be deemed the agents or employees of the Licensee. 4. Licensee shall, at no expense to Railroad, obtain all permits and approvals required to exercise this License and Licensee shall install, maintain and operate its facilities in accordance with all requirements of lawful public authority. Licensee shall be responsible for any taxes, assessments and charges made against the pipeline or other of Licensee's facilities on Railroad's property or the operation of any of them. 5. The pipeline shall be installed at least 10.5 feet below the tracks of the Railroad, measured from base of rail to top of pipeline or, if no tracks are located on the property, at least 3 feet below natural ground. Said pipeline shall be constructed of such material and in such a manner as will assure the safety of Railroad. Railroad's authorized representative shall have the right, but not the duty, to require certain materials or procedures to be used or to supervise the construction, maintenance, restoration or other work on Railroad's property. If in the opinion of Railroad's authorized representative casing of the pipeline is required at the time of installation or at any time subsequent thereto, Licensee shall promptly arrange for such casing at its own risk and expense. 6. If, in the opinion of the authorized representative of Railroad the work to be done by the Licensee pursuant to this agreement will make necessary or desirable any change in the Railroad's facilities, or those of thc Railroad's tenants or licensees, on the Railroad's property, the Railroad shall have the right, but not the duty, to make such changes, the expense thereof to be borne by the Licensee. Railroad shall have the right, but not the duty, to furnish flagging or other protection or to perforin work to support its tracks or otherwise protect its property or facilities at any time, at Licensee's sole risk and expense. 7. Licensee agrees at any time, or from time to time, at its own risk and expense, upon request of the authorized representative of the Railroad, to make such change or changes as may be necessary in the opinion of said representative to accommodate any change or improvements which Railroad may desire to make in or upon its property. In case Licensee shall fail within thirty (30) days after notice from Railroad to make such change or changes, Railroad shall have the right, but not the duty, to make such change or changes, or remove Licensee's facilities from said property at the risk and expense of Licensee. 8. Licensee shall at its expense take such measures as may be necessary and adequate in connection with its property or the property of railroad to protect facilities of Railroad and those of others using Railroad's property from interference by induction, conduction, physical contact or otherwise attributable to the exercise by Licensee of the license granted to In the event Railroad advises Licensee to take any action to protect Railroad, its facilities or facilities on Railroad's property, Licensee shall promptly take the indicated action, including, but not limited to, stopping the operation of the pipeline. If Licensee fails to do so, Railroad shall have the right, but not the duty, to perform on behalf of Licensee at the sole risk and expense of Licensee. 9. In the event Railroad elects to renew, replace, repair or alter any tracks or other facilities or to construct new facilities or to make other use of the property covered by this license, and in connection therewith requires the removal of any facilities placed by Licensee on Railroad's property or should any facilities of Licensee need renewal or repair, Licensee shall, within 30 days of receipt of notice, arrange for such removal, renewal or repair at Licensee's risk and expense. In the event removal is required, the facilities shall be relocated at such location on Railroad's property as is designated by Railroad, provided that Railroad's authorized representative determines that a location is reasonably available. Renewal or repair shall be to such condition as is indicated by Railroad's authorized representative. If Licensee fails to comply with the foregoing, Railroad shall have the right, but not the duty, to remove, renew or repair such facilities at the sole risk and expense of Licensee. 10. Cost and expense for work performed by the Railroad pursuant to this agreement shall consist of the direct cost of labor and material plus Railroad's standard additives in effect at the time the work is performed. All payments required of Licensee under this agreement shall be made promptly upon presentation of a bill. 11. Licensee, as a further consideration and as a condition without which this license would not have been granted, agrees to indemnify and save harmless Railroad, its officers, employees and agents and to assume all risk, responsibility and liability for death of, or injury to, any persons, including, but not limited to, officers, employees, agents, patrons and licensees of the parties hereto, and for loss, damage or injury to any property, including but not limited to, that belonging to the parties hereto (together with all liability for any expense, attorneys' fees and costs incurred or sustained by the Railroad, whether in defense of any such claims, demands, actions and causes of action or in the enforcements of the indemnification rights hereby conferred) arising from, growing out of, or in any manner or degree directly or indirectly caused by, attributable to, or resulting from the grant or exercise of this license or the construction, maintenance, repair, renewal, alteration, change, relocation, existence, presence, use, operation, or removal of any structure incident thereto, or from any activity conducted on or occurrence originating on the area covered by the license regardless of the 3 negligence of Railroad, its officers, employees and agents. Licensee further agrees to release and indemnify and save harmless Railroad, its officers, employees, agents, patrons or invitees from all liability to Licensee, its officers, employees, agents or patrons, resulting from railroad operations at or near the area in which the license is to be granted whether or not the death, injury or damage resulting therefrom may be due to the negligence of the Railroad, its officers, employees or agents or otherwise. At the election of Railroad, the Licensee, upon receipt of notice to that effect, shall assume or join in the defense of any claim based upon allegations purporting to bring said claim within the coverage of this section. 12. Licensee shall secure, and maintain in place so long as this agreement is in effect, Commercial General Liability Insurance (Occurrence Form) in an amount not less than $5,000,000 per occurrence, with an aggregate of not less than $10,000,000 per annual period. The policy must name Railroad and its parent company, Canadian National Railway Company, as additional insured's in the following form: Chicago Central & Pacific Railroad Company, and its Parent Corporation, Canadian National Railway Company 17641 S Ashland Ave Homewood, II 60430 The policy must not contain any provisions excluding coverage for injury, loss or damage arising out of or resulting from (a) doing business on, near, or adjacent to railroad track or facilities, or (b) surface or subsurface pollution, contamination or seepage, or from handling, treatment, disposal or dumping of waste materials or substances. Before commencing work, Licensee shall deliver to Railroad a certificate of insurance evidencing the foregoing coverage's and true and complete copies of the policies described above. Each policy shall include a waiver by the insurer of any right of subrogation against any recovery by or on behalf of any insured. Each policy shall provide for not less than thirty days prior written notice to Railroad of cancellation of or any material change in that policy. 13. It is expressly understood Railroad does not warrant title to the premises and Licensee accepts the grant of privileges contained herein subject to all IawfuI outstanding existing liens and superior rights. Licensee agrees it shall not have to make any claim against Railroad for damages on account of any deficiency in title and agrees that in the event of failure or insufficiency of such title the sole remedy of Licensee shall be the right to return of the consideration paid in advance, provided for herein, or a proportionate part thereof in the event of a partial deficiency or insufficiency of title. Licensee further agrees to indemnify and save harmless the Railroad and to assure all risk, responsibility and liability (including 4 any expenses, attorneys' fees and costs incurred or sustained by Railroad) arising from, growing out of, or in any manner or degree directly or indirectly attributable to or resulting from any deficiency or insufficiency of its title affecting the right of the Railroad to make this grant. 14. This agreement shall continue in force indefinitely from and after the date hereof, subject, however, to the right of either party to terminate this agreement as to the entire pipeline and all of the facilities of Licensee, or any part thereof, at any time or from time to time, as it may require, upon giving the other party ninety (90) days notice in writing of its desire to terminate this agreement, and indicating in said notice the extent of said line and facilities to which such termination shall apply. When this agreement shall be terminated as to the entire line and all of the facilities of Licensee or as to any part thereof, Licensee within thirty (30) days after the expiration of the time stated in said notice, agrees at its own risk and expense to remove said facilities from the property of Railroad, or such portion thereof as Railroad shall require removed, and to restore the railroad premises to a neat and safe condition, and if Licensee shall fail to do so within said time, Railroad shall have the right, but not the duty, to remove and restore the same, at the risk and expense of Licensee. Nothing herein contained shall be construed as conferring any property right on Licensee. 15. In case Railroad shall at any time, or from time to time, require the removal of only a portion of said pipeline, this agreement shall continue in force and be applicable to the portion of portions of said pipeline and other facilities remaining from time to time until said entire pipeline has been removed and the rental shall be adjusted accordingly. 16. Nothing in this agreement shall be construed to place any responsibility on Railroad for the quality of the construction, maintenance or other work performed on behalf of Licensee hereunder or for the condition of any of Licensee's facilities. Any approval given or supervision exercised by Railroad hereunder, or failure of Railroad to object to any work done, material used or method of construction, reconstruction or maintenance, shall not be construed to relieve Licensee of its obligations under this Agreement. 17. This Agreement shall not be binding on either party hereto until all parties have executed the space provide below. 18. This agreement shall be binding on the successors and assigns of the parties hereto, but no assignment hereof by the Licensee, its successors, legal representatives or assigns, shall be binding upon the Railroad without its written consent in each instance. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in duplicate, the day and year first above written. CHICAGO CENTRAL & PACIFIC RAILROAD COMPANY By: Michael F. Deeg Regional anger, Business Development and Real Estate CITY OF WATERLOO INMAL NOTIFICATION OF INTENT TO CONSTRUCT PIPELINE CROSSING/ENCROACHMENT Complete this form and return it along with a non-refundable preparation fee of SPA made out to CN. DATE: 9/2/11 1. Owner/Applicant information Name and Address: City of Waterloo 715 Mulberry Street, Waterloo, Iowa 50703 Authorized Representative: Eric A_Thorson -fie City Engineer Phone Number 319-291-4312 Fax Number Email eric.thorson@waterloo—ia.org 2. Location Of Pipeline Crosses US Hay 63 Just North Pipeline Location Acle Post: of WCF&N Drive4/4.P. = Lb4-W plus feet (if parallel) to Mile Post: plus feet At or Near Waterloo, Iowa (Name of City, Town, Villege) 3. Commodity to be transmitted in pipe line: Sanitary Sauer (steam, air, water, gasoline or other petroleum products, chemical -specify. natural or artificial gas. If sewer, kientify as to force or gravity line, sanitary, storm or chemical waste — sped ly) 4. Pipe Data CARRIER PIPE CASING PiPE A Inside Diameter: 11.75 23.25 in. B. Outside Diameter. 14.07 24.00 in. C. Wali Thickness: 1.16 0.375 in. D. Pipe Material: PVC Truss Steel E. Specification/Grade or class: ASTM D2680 ASTM A252 Class 2 F. Min. Yield Point of Material ASTM D2412, 200 psi 35,000 psi G. Process of Manufacture Extrusion Seamless Tube H. Name of Manufacturer -- Self and Spigot Circumferentially 1. Type of Joint With Elastomeric Seals Welded J. Working Pressure 0 0 K. Maximum operating pressure in pipeline: 0 (psi by gauge) L Length of Casing pipe: 90 Feet M. WIti casing pipe/uncased carrier pipe be cathodicaily protected: No Low Pressure N. l'fydrostatc pressure carrier pipe will be tested with before using_ Air Test (psi) O. Wilt casing pipe be vented? No Size: ---- P. Will casing pipe/uncased carrier pipe have a protective coating? No Type: --- G. Depth of top of casing or uncesed carrier pipe below base of rail or top of ground 10.5 feet. (Minimum at closest paint) R. Method of installing casing pipe/uncased caller pipe Dry Bore and Jack (dry bore & jack, dirediortai, tunnel, other—specify) Attach to this application (3 copies) showing north arrow and a location sketch with crossings measured from the nearest railroad mile post and a profile sketch of actual situations showing relationship of tracks, contour of ground, the buried pipe, etc. Distance from each facility (encroachment) to the centerline of nearest road, crosses bridge or other Railroad structures, mist be clearly indicated. Right of way fines of railroad and labeled Street or highway. if involved, should also be shown. Vile P-9887-41 LICENSE FOR UNDERGROUND PIPELINES, CABLES AND CONDUITS THIS AGREEMENT made in duplicate this 81" day of March, 2012, between CHICAGO, CENTRAL & PACIFIC RAILROAD COMPANY, party of the first part, hereinafter called the Railroad, and City of Waterloo 715 Mulberry Street Waterloo, IA 50703 Party or parties of the second part, hereinafter called the Licensee, WITNESSETH: 1. In consideration of a one time fee of $ 0.00 in hand paid by the Licensee to the Railroad, the receipt whereof is hereby acknowledged and the faithful performance by the Licensee of the covenants herein contained, the Railroad, insofar as it lawfully may, hereby grants to the Licensee license and permission to construct and maintain a 72 strand fiber optic cable in a 4" Steel casing (see attachment) (whether one or more pipes, cables or conduits hereinafter referred to as the "pipeline") across, along and underneath the property of the Railroad at Mile Post 1.04 in Waterloo, IA, said pipeline being more particularly shown upon the exhibits hereto attached and made apart hereof, subject to the following conditions and specifications attached. 2. The license and permission herein granted to Licensee are subject and subordinate, however, to the rights in Railroad, its successors and assigns, its grantees, lessees and Licensees, to construct, reconstruct, operate, use, maintain, repair and renew on, beneath or above the property covered hereby, and any structures, improvements or facilities of similar or different character as are now or in the future may be located on, beneath or above said properties. 3. Licensee shall, except in emergencies, give not less than 72 hours written notice to Railroad of the day, hour and location that it proposes to undertake any construction or maintenance work and in the event of an emergency shall notify Railroad as soon as possible. Licensee shall require each of its contractors and subcontractors to observe and conform to the conditions and requirements specified herein; and for the purposes of the safety, protective and indemnification provisions hereof, such contractors and subcontractors, their agents, servants and employees, and other persons on the Railroad property at the invitation of the Licensee, its contractors or subcontractors, shall be deemed the agents or employees of the Licensee. 4. Licensee shall, at no expense to Railroad, obtain all permits and approvals required to exercise this license and Licensee shall install, maintain and operate its facilities in accordance with all requirements of lawful public authority. Licensee shall be responsible for any taxes, assessments and charges made against the pipeline or other of Licensee's facilities on Railroad's property or the operation of any of them. 5. The pipeline shall be installed at least 5.5 feet below the tracks of the Railroad, measured from base of rail to top of pipeline or, if no tracks are located on the property, at least 3 feet below natural ground. Said pipeline shall be constructed of such material and in such a manner as will assure the safety of Railroad. Railroad's authorized representative shall have the right, but not the duty, to require certain materials or procedures to be used or to supervise the construction, maintenance, restoration or other work on Railroad's property. If in the opinion of Railroad's authorized representative casing of the pipeline is required at the time of installation or at any time subsequent thereto, Licensee shall promptly arrange for such casing at its own risk and expense. 6. If, in the opinion of the authorized representative of Railroad the work to be done by the Licensee pursuant to this agreement will make necessary or desirable any change in the Railroad's facilities, or those of the Railroad's tenants or licensees, on the Railroad's property, the Railroad shall have the right, but not the duty, to make such changes, the expense thereof to be borne by the Licensee. Railroad shall have the right, but not the duty, to furnish flagging or other protection or to perform work to support its tracks or otherwise protect its property or facilities at any time, at Licensee's sole risk and expense. 7. Licensee agrees at any time, or from time to time, at its own risk and expense, upon request of the authorized representative of the Railroad, to make such change or changes as may be necessary in the opinion of said representative to accommodate any change or improvements which Railroad may desire to make in or upon its property. In case Licensee shall fail within thirty (30) days after notice from Railroad to make such change or changes, Railroad shall have the right, but not the duty, to make such change or changes, or remove Licensee's facilities from said property at the risk and expense of Licensee. 8. Licensee shall at its expense take such measures as may be necessary and adequate in connection with its property or the property of railroad to protect facilities of Railroad and those of others using Railroad's property from interference by induction, conduction, physical contact or otherwise attributable to the exercise by Licensee of the license granted to it. In the event Railroad advises Licensee to take any action to protect Railroad, its facilities or facilities on Railroad's property, Licensee shall promptly take the indicated action, including, but not limited to, stopping the operation of the pipeline. If Licensee fails to do so, Railroad shall have the right, but not the duty, to perform on behalf of Licensee at the sole risk and expense of Licensee. 9. In the event Railroad elects to renew, replace, repair or alter any tracks or other facilities or to construct new facilities or to make other use of the property covered by this license, and in connection therewith requires the removal of any facilities placed by Licensee on Railroad's property or should any facilities of Licensee need renewal or repair, Licensee shall, within 30 days of receipt of notice, arrange for such removal, renewal or repair at Licensee's risk and expense. In the event removal is required, the facilities shall be relocated at such location on Railroad's property as is designated by Railroad, provided that Railroad's authorized representative determines that a location is reasonably available. Renewal or repair shall be to such condition as is indicated by Railroad's authorized representative. If Licensee fails to comply with the foregoing, Railroad shall have the right, but not the duty, to remove, renew or repair such facilities at the sole risk and expense of Licensee. 10. Cost and expense for work performed by the Railroad pursuant to this agreement shall consist of the direct cost of labor and material plus Railroad's standard additives in effect at the time the work is performed. All payments required of Licensee under this agreement shall be made promptly upon presentation of a bill. 11. Licensee, as a further consideration and as a condition without which this license would not have been granted, agrees to indemnify and save harmless Railroad, its officers, employees and agents and to assume all risk, responsibility and liability for death of, or injury to, any persons, including, but not limited to, officers, employees, agents, patrons and licensees of the parties hereto, and for loss, damage or injury to any property, including but not limited to, that belonging to the parties hereto (together with all liability for any expense, attorneys' fees and costs incurred or sustained by the Railroad, whether in defense of any such claims, demands, actions and causes of action or in the enforcements of the indemnification rights hereby conferred) arising from, growing out of, or in any manner or degree directly or indirectly caused by, attributable to, or resulting from the grant or exercise of this license or the construction, maintenance, repair, renewal, alteration, change, relocation, existence, presence, use, operation, or removal of any structure incident thereto, or from any activity conducted on or occurrence originating on the area covered by the license regardless of the 3 negligence of Railroad, its officers, employees and agents. Licensee further agrees to release and indemnify and save harmless Railroad, its officers, employees, agents, patrons or invitees from all liability to Licensee, its officers, employees, agents or patrons, resulting from railroad operations at or near the area in which the license is to be granted whether or not the death, injury or damage resulting therefrom may be due to the negligence of the Railroad, its officers, employees or agents or otherwise. At the election of Railroad, the Licensee, upon receipt of notice to that effect, shall assume or join in the defense of any claim based upon allegations purporting to bring said claim within the coverage of this section. 12. Licensee shall secure, and maintain in place so long as this agreement is in effect, Commercial General Liability Insurance (Occurrence Form) in an amount not less than $5,000,000 per occurrence, with an aggregate of not less than $10,000,000 per annual period. The policy must name Railroad and its parent company, Canadian National Railway Company, as additional insured's in the following form: Chicago Central & Pacific Railroad Company, and its Parent Corporation, Canadian National Railway Company 17641 S Ashland Ave Homewood, 1160430 The policy must not contain any provisions excluding coverage for injury, loss or damage arising out of or resulting from (a) doing business on, near, or adjacent to railroad track or facilities, or (b) surface or subsurface pollution, contamination or seepage, or from handling, treatment, disposal or dumping of waste materials or substances. Before commencing work, Licensee shall deliver to Railroad a certificate of insurance evidencing the foregoing coverage's and true and complete copies of the policies described above. Each policy shall include a waiver by the insurer of any right of subrogation against any recovery by or on behalf of any insured. Each policy shall provide for not less than thirty days prior written notice to Railroad of cancellation of or any material change in that policy. 13. It is expressly understood Railroad does not warrant title to the premises and Licensee accepts the grant of privileges contained herein subject to all lawful outstanding existing liens and superior rights. Licensee agrees it shall not have to make any claim against Railroad for damages on account of any deficiency in title and agrees that in the event of failure or insufficiency of such title the sole remedy of Licensee shall be the right to return of the consideration paid in advance, provided for herein, or a proportionate part thereof in the event of a partial deficiency or insufficiency of title. Licensee further agrees to indemnify and save harmless the Railroad and to assure all risk, responsibility and liability (including 4 any expenses, attorneys' fees and costs incurred or sustained by Railroad) arising from, growing out of, or in any manner or degree directly or indirectly attributable to or resulting from any deficiency or insufficiency of its title affecting the right of the Railroad to make this grant. 14. This agreement shall continue in force indefinitely from and after the date hereof, subject, however, to the right of either party to terminate this agreement as to the entire pipeline and all of the facilities of Licensee, or any part thereof, at any time or from time to time, as it may require, upon giving the other party ninety (90) days notice in writing of its desire to terminate this agreement, and indicating in said notice the extent of said line and facilities to which such termination shall apply. When this agreement shall be terminated as to the entire line and all of the facilities of Licensee or as to any part thereof, Licensee within thirty (30) days after the expiration of the time stated in said notice, agrees at its own risk and expense to remove said facilities from the property of Railroad, or such portion thereof as Railroad shall require removed, and to restore the railroad premises to a neat and safe condition, and if Licensee shall fail to do so within said time, Railroad shall have the right, but not the duty, to remove and restore the same, at the risk and expense of Licensee. Nothing herein contained shall be construed as conferring any property right on Licensee. 15. In case Railroad shall at any time, or from time to time, require the removal of only a portion of said pipeline, this agreement shall continue in force and be applicable to the portion of portions of said pipeline and other facilities remaining from time to time until said entire pipeline has been removed and the rental shall be adjusted accordingly. 16. Nothing in this agreement shall be construed to place any responsibility on Railroad for the quality of the construction, maintenance or other work performed on behalf of Licensee hereunder or for the condition of any of Licensee's facilities. Any approval given or supervision exercised by Railroad hereunder, or failure of Railroad to object to any work done, material used or method of construction, reconstruction or maintenance, shall not be construed to relieve Licensee of its obligations under this Agreement. 17. This Agreement shall not be binding on either party hereto until all parties have executed the space provide below. 18. This agreement shall be binding on the successors and assigns of the parties hereto, but no assignment hereof by the Licensee, its successors, legal representatives or assigns, shall be binding upon the Railroad without its written consent in each instance. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in duplicate, the day and year first above written. CHICAGO CENTRAL & PACIFIC RAILROAD COMPANY By:. Bv: Michael F. Deegan — Tonal Mana CITY OF WATERLOO Business Development and Real Estate 1'„e,”.i Name and 'isle "Erv-js-f- 6. G1a_4-tc_. At INITIAL NOTIFICATION OF INTENT TO CONSTRUCT WIRE/CABLE CROSSING/ENCROACHMENT Complete this form and return It along with a non-refundable preparation fee of 5750 made out to at DATE: 12/15/11 1. Owner/Applicant Information Name and Address: City of Waterloo 715 Mulberry Street, Waterloo, IA 50703 Eric Thorson Authorized Representative: Title City Engineer Phone Number: 319-291-4312 Fax Number Email : eric.thorson@waterloo-ia.org 2. Engineer/Consultant Information Name and Address: AECOM 501 Sycamore Street, Suite 222, Waterloo, IA 50703 Authorized Representative: Bob Lentz .lite Project Engineer Phone Number: 319-232-6531 Fax Number 319-232-0271 EmailAddress:bob.lentz@aecom.com 3. Location Description (Attu a Copy of a Sketch Showing Location) NW 1/4 SW14 Sec. 13 Township 89N age 13W rle Chia) Waterloo Village /Township: County: Black Hawk State: Iowa feet Wireline Location Mile Post: At Intersection of U.S. 63 and plus Cd parallel) to Mite Post: WCFB�N Olive, MP 1.04 W Pim feet 4. Indicate Type of Utility/Facility: Power Line 5. Desired Method of Instal Underground X # of Wires Telephone Fiber Optic Copper Pair Overhead Cable TV Fiber Optic X Coaxial Crossing Other longitudinal Copper Pairs Fiber Optic X # of Strands 72 Other 6. a Data a. Number of Poles/Towerrs on Property b. Motes of Guys/Anchors on Property c. Crossarm Overhang (fit & quantity) d_ Maximum Vow e. Number of wrres/Cabies/Pair cirde one) 1. Depot of Top of Wire/Cable/Casing below base of Rab or Top of Ground g. Clearance Over Railroad Company's Woes h. Clearance Over Railroad Company's Tracks I. Casing Length (Property Line to Property Late) j. Size $ Iand of Pipe or Dud k. • How is Pipe or Duct to be installed under the bark (dry bore & lack, dvectianat. tunnel. other—specify) 1. Sze and Type of Wire/Cadge m. insulated n Wire o. Stranded p. Soled q. Angie of Crossing r. Length of Span Croscing Tracks rda n/a n/a n/a 72 n/a n/a 75' 4' Rigid Steel Directional 72 Strand Single Mode Fiber Optic rata nl'a n/a n/a 9.5 degrees n/a 7. Location References and Clearances of Facthy (Encroachment) a. Marne of Pubbc Road (crossing track) U.S. Highway 63 b. Width of tic Road (crossing back) 70' c. Distance From Each Facility ( Line to Center Lof Main Tuck n/a d. Distance From Each Feelity (Encroachment) to Center Line of any Adjacent Track n/a th e. Side Clearance from Rebroad Company's Wire to Nearest Pole/Tower rite 1. Distance and Dire�a► From Bridge Abutment. Culvert, Switch, Road Crossing, etc. 49' East of U.S. 63 C.L. Distance (Do Not Use Milepost Sign as Reference) (Enclose plans of proposed faculty with North Arrow and a vicinity map) Attach to this application (3 copies) showing north arrow and a location sketch with crossings measured from the nearest railroad rniie post aril a pnoflle sketch of actual situations showing relationship of tracks, contour of ground, the buried pipe. etc. Distance from each facility (encroachment) to the centerline of nearest rte, crossing, bridge or other Railroad structures, must be dearly indicated. Right of way fines of railroad and labeled Street or highway, if involved, should also be shown.