􀁾􀁾􀂭􀁴􀁊􀁾􀁉􀁲􀀭􀁾􀀠Cc 􀁨􀀭􀁾􀀠 􀀤􀁩􀁾􀀠 
.:0-􀁾􀀮􀀷􀀨􀀻􀁾􀁾􀀠 UNION PACIFIC RAILROAD COMPANY &::-􀁾---, Real Estate Department :s: c:R. D. Uhrich or -Real Estate Operations Assislant Vice President naO.O,Brown Dir r 􀁾􀀠Real
Estate OperationsGeneral Di,ector -Real Estate T. t(, LoveJ,P.Gade Genera! Director -Real Eslale Director -Facility Management GL Pinker i 1BOO Farnam Street Direclor -Contracts Omaha.,
Nebraske 1$8102 Fax: (402)997·3601 January 28, 2002 Folder No. 1976-54 MR JAMES C PIERCE JR TOWN OF ADDISON PO BOX 9010 ADDISON TX 75001-9010 Dear Mr. Pierce: Attached for your records
is your original copy of a Public Road Crossing Agreement, fully executed ·on behalf ofthe Railroad Company. You are hereby authorized to proceed with the work upon proper notification
to the Railroad Company's Manager of Industry & Public Projects. In accordance with the terms of the abOve agreement, 10 days advance notification upon entering the Railroad Company's
right ofway shall be given to the following office: Todd Cecil RailAmerica 4040 Broadway Ste 200 San Antonio TX 78209 Phone: 210-841-7657 Fax: 210-841-7600 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 We are continually
trying to do a better job for you, our customer. To do this, we need to know if what we do is done right. If there are areas where you feel our performance could improve or needs to
change, we need to know that also. Therefore, enclosed is a survey form that we would appreciate you completing and returning to us at your earliest convenience. We need to hear from
you ifwe are to meet your needs . • • ,>',. Public Road Xing Distribution Letter 
􀁾􀁾􀀧􀁾􀀭􀁴􀁖􀀺􀀭􀀭, Should you have any questions, please contact me at (402) 997-3620 or e-mail me at pgfarrell@up.com. Public Road Xing Distnoution Letter 
PHC20011217 Polder No.! 1976·54 Non..standard Form Approved, A􀁖􀁐􀁾􀁌􀁡􀁷􀀠Agreement Number ___..􀁾___ NEW PUBLIC HIGHWAY CROSSING AGREEMENT ARAPAHO ROAD MILE POST 598.3 -DAL-NOR BRANCH
ADDISON, DALLAS COUNTY, TEXAS THIS AGREEMENT, made and entered into as of the day of , 200 , by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation to be addressed at
1800 Farnam Street, Omaha, Nebraska 68102 (hereinafter the 'UP') and DALLAS GARLAND & NORTHEASTERN RAILROAD, a Texas corporation (hereinafter the "Railroad"), and the TOWN OF ADDISON,
TEXAS, a municipal corporation of the State ofTexas to be addressed at PO Box 9010, Addison, TX 75001-9010 (hereinafter the "Town"), WITNESSETH: RECITALS: The Town desires to undertake
as its project the construction of two new at-grade public road crossings (hereinafter the ·Project"). The Town desires the right to use for the Project that portion of the right-of-way
ofthe Railroad a1598.3 on the Dal-Nor Brancb (hereinafter the "Crossing Area") shown and described described on the attached prints datedMarch 27, 200!, marked Exhibit A. The Town and
UP entered into one (I) certain Letter Agreement dated December 14,2001 concerning UP's sale of certain real property to the Town located adjacent to and surrounding the Crossing Area,
as more specifically described therein, (the "Real Estate Contract"). The obligations of the Parties hereto are expressly conditioned on the closing of the Real Estate Contract, as defined
therein. AGREEMENT: NOW, THEREFORE, it is mutually agreed by and between the parties hereto as follows: ARTICLE I -RAILROAD GRANTS RIGHT For and in consideration of the Town's agreement
to perform and abide by the terms of this Agreement, inclnding Exhibit A, B, and B-1, attached hereto and hereby made a part hereof, the UP and the Railroad hereby grant to the Town,
the righllo eslablish, construcl, maintain, repair, renew, and use a public highway and right of way al grade over and across the Crossing Area, (together with any and all uses incidental
thereto, including, without limitalion, the installation, repair, maintenance, and replacement of water lines, sanitary serer lines, drainage, and other utilities typically located underground
within public right of way), provided that the Rallroad consents in writing 10 the installation of the above utilities, sncb consent to not be unreasonably withheld, together with the
right of entry to contrul and remove from the Railroad's right-Qf-way, on each side of the Crossing Area, weeds and vegetation whicb may obstruct the view of motorists, approaching the
Crossing Area, to any trains that may also be approaching the Crossing Area. ARTICLE 2 -ADMlNISTRATIVE FEE The Town shall pay 10 UP TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500.00) as 1976-54Town
of Addison, TX Page 1 revised December 19. 2001 Arapaho Road 
PHC20011217 Folder No.: 1976·54 Non-5Wndard Form Approved. AVP-Law reimbursement for clerical, administrative and handling expense in connection with the processing of tlris Agreement
ARTICLE 3 -CERTIFICATE OF INSURANCE A. Before any work on the Premises begins, the Town (as defined in Section Sea) ofExhibit B to this . Agreement) will provide the UP and the Railroad
with a Certificate issued by its insurance carrier proViding the insurance coverage required pursuant to Exhibit B-1 of this Agreement in a policy containing the following endorsement:
"Union Pacific Railroad Company and Dallas Garland & Norllleastern Railroad are named as additional insured with respect to all liabilities arising out of Insured's performance of the
work required for the Project .• B. The Town WARRANTS that this agreement bas been thoroughly reviewed by its insurance ageni{s)lbroker(s) and that said agent{s)lbroker{s) has been instructed
to procure insurance coverage and an endorsement as required herein. C. All insurance correspondence sball be directed to: Union Pacific lWlroad Company, 1800 Farnam Street, Omaha, Nebraska
68102, with reference to Folder No. 1976-.54. D. The Town may self-insure ali or a portion of the insurance coverage required hereunder, subject to UP and the Railroad's review and approval.
However, the Town's contractor/subcontractor (if any) shall obtain and provide evidence of Insurance coverage pursuant to Exhibit B-1 of this agreement. ARTICLE 4 -IF WORK IS TO BE PERFORMED
BY CONTRACTOR If a contractor is to perform any of the work on· the Project (including initial construction and subsequent relocation Or substantial maintenance and repair work), then
the Town shall require its contractor to execute the Railroad's Contractor's Right of Entry Agreement attached hereto asExhibit C, including revisions thereto that Railroad is willing
to approve, which approval shall not be unreasonably withheld, and hereby made a part hereof. Town acknowledges receipt of a copy of the Right of Entry Agreement and understanding of
its terms, provisions, and requirements, and will inform its contractor of the need to execute the Agreement. Under no circumstances will Town's contractor be allowed onto the Railroad's
premises without first executing the Contractor's Right of Entry Agreement. ARTICLE 5 -WORK TO BE PERFORMED BY THE RAILROAD A. The Railroad may make any and all changes, alterations
or relocations, whelher temporary or permanent, and may provide flagging and other protective services and devices, whicb in the Railroad's judgment may be or become necessary or expedient
within the lWlroad's right-of-way because of the Project,provided, bowever, that this right to make such changes, alterations or relocations shall not be a right to eliminate, gimimsb,
",,;laoc or unreasonable interfere with the crossing rigbts of !he Town. B. The Railroad shall, at the sole cost and expense of the Political Body, maintain, repair, and replace Ille
warning devices installed bereunder; PROVIDED, HOWEVER, !hat this provision shaIi not negate the Railroad's eligibility for any further federal, state or local or other public funds
that may become available for the rnaintanance of said devices; and PROVIDED, FURTHER, !hat the cost of repair or replacement resulting from damage caused by non-parties !hat is nol
recoverable by the Railroad from the non-parties shall be borne entirely by the Town. C. The Town agrees to pay Ille Dallas Garland & Northeastern Railroad for the work performed and
materials supplied by the Dallas Garland & Northeastern Railroad for the PrOjeCl. 1976-54 Town of Addison, TX Page 2 n:visedDecember 19, 2001 Arapaho Road 
PHC 20011217 Polder No.: 1976·54 Non-Standard Porm Approved. AVP-Law ARTICLE 7 -EFFECTIVE DATE; TERM This Agreement shall become effective as of the date first herein written, or the
date work commences on the Project, whichever is earlier, and shall continue in full force and effect until terminated as herein provided. Notwithstanding any provision herein, the parties
hereto agree and acknowledge that the obligations arising hereunder are conditioned upon and subject to the closing of the Real Estate Contract and if the closing is rescheduled for
a later date, then the obligations of the parties hereunder shall commence following the closing on the rescheduled closing date. IN WITNESS WHEREOF, the parties have caused this Agreement
to be executed intriplicate as of the date flIst herein written. UNION PACIFIC RAILROAD COMPANY DALLAS GARLAND & NORTHEASTERN RAILROAD ATTEST: TOWN OF ADDISON, TEXAS Title: C'TI Resolution
No.: -:-:-=-:---:_-;-______ Pursuant to Resolution/Order dated: (Seal) :--__-:--:-________,.200_ hereto attached. 1976-54 Town of Addison, TX Page 3 repised December 19. 2001 ArnpaIlo
Road 
\: " EXHIBIT A Location & Detail Prints 
N j 􀁾􀂭.-E , S m,ROAD WORK TO BE PERFORMED: Flagging. NEW PUBLIC ROAD CROSSlNG CONSTRUCTION PROJECT EXHIBIT "A" UNION PACIFIC RAILROAD COMPANY DALLAS GARLAND & NORTHEASTERN RAILROAD
Old Fort Worth Branch Mile Post 598,3 GPS: N 32' 51,436', W 96' 49,909' Addison JcL, Dallas Co" TX, Illustrative print showing location ofproposed public road crossing extension construction
project with the TOWN OF ADDISON, TEXAS. Folder No, 1916·54 Date: December 19,2001 WARNING IN AU OCCASIONS, V.P. COMMUNICATIONS DEPARTMENT MUST BE CONTACTED iN ADVANCE OF ANY WORK TO
DETERMINE EXISTENCE AND LOCATION OF FiBER OPTIC CABLE. PHONE: J..{SOO)lJ6·9J9J -􀀮􀀢􀁾􀀠. . , . 􀀧􀁾􀁾􀀮􀀠
PLANS FOR THE CONSTRUCTION OF PAVING, STORMWATER, WATE.R, WASTEWATER, SIGNALIZATION AND STREETSCAPE IMPROVEMENTS FOR ARAPAHO ROAD FROM MARSH LANE TO ADDISON ROAD s&ET NO. I INOEX a:'
strms COvtR SHEU RlQHT-a:'''WAY MNlS 􀁐􀁁􀁾􀀠􀁾SECT1(NS PAVIHG 􀁐􀁬􀀮􀁾􀁓􀀠HID PFlQ'l.ES CROSS ucnrns ORNW« Nt£A :MAPS FOR INTERIIrI REView OHlY _ ....--l!!!!.1fHT$ CQ1l!flOl'lt.Tl0H
0Wl'll!'Jt: ....􀁾􀀠0: ffi .-I WHo ... , .. toe_U"" '!IIa_ ".$>Ofo 􀁾􀀠'tOWN Of' Al:I'CISON _n􀁾􀀠U WI EY POS'!' 􀁉􀁬􀁄􀀢􀁾􀀠OF fviuc WORQ 􀁾􀀠􀁉􀀭􀀭􀀭􀀭􀁾􀀭􀀭􀀭􀀭􀀭􀀭1I10ll'lE:SmlIDVE
II! I SILLY "lTeHal >,..o.3O:t '" AnDI:$QN. 'ttXA5 nrm! r---􀁾􀀠􀁾􀀠f.1ND8ERC..,.... 􀀡􀁚􀁋􀁬􀁾􀁉􀀻􀀾􀀮􀀷􀁗􀀱􀁾􀀭􀀧􀀱􀁾􀁾􀀮􀁅􀁒􀁇􀀠; .ST t. t. SW RR 􀁾􀀠...,.".., 11 !QITP COfIl'ORA't'IOI'l
lflH D.M'.US t'Al!XWAY,SIJr'B i!lO ~ 1'lIJJ..tU.'Tt:lAi!I run pn)MWUIl􀁉􀁉􀁾u. • mmD. ',UI:;q:rVA􀁉􀁾􀁾􀁌􀁾􀁾􀀠t. 􀁾􀁈􀀧􀀢􀀠
/" . •J EXHIBIT "Bn A PLAT OF A ARAPAHO ROAD •(VARIABLE R.o.w.)IIUGlIST 50 1956 . VOL. 4942. PO. 629 D.R.D.e.T. LOT 1 aLOCK II BELTVlDOO RESERVOIR AUGUST 2. 1989 VOL 90012. PO. 3366
D.R.D.C.T. --.-_,-CAlJ.ED 19.01 Ae. aT'!' OF DALLAS AUGlIST 50 1958 VOL. 4942, Po. 629 o,R.o,e.r. .... tOl..,. "'anle' CAllED -4 1/2 "e. ST. lOUIS SOOlHWESTERN RJl co. OF TEXAS fEBUARY
10. 1902 VOL. 279. Po. #9 o,R.D.e.T. 􀁾􀁀􀁜􀁗􀁬􀀦􀁾􀁀􀀠©@@Iit 􀀤􀁬􀁬􀁊􀀩􀁾􀁗􀁾􀀧􀁦􀀠􀀦􀁡􀀳􀁾􀂮􀀠􀁂􀁴􀁾􀀬􀀠Ii'O,o\£) If/02/16 i CAlJ.ED Ulelr Ae. 15211 ADDISON ROAD JOINT VENTURE AUGliST
7. 1996 VOL 96156. Po. 0.+963 D.R.D.e.T. PARCEL 3 1.8273 ACRE (79,598 SQ. FT.) NOTES: . TRACT OF LAND ALL EASEIlENTS SHOWN ARE TAJ<EN FROM lHE PLATS INDICATED IN lHE EDWARD COOK SURVEYHEREON.
lHE SURVEYOR DID NOT ASS'lRACT mE SUBJECT AllSTRACT NO. 326PROPERT'!' SO AU. EASEIlENTS IIAY NOT BE SHOWN. TOWN OF ADDISON ALL BEARINGS ME REfERENCED TO lHE NORlH RIGHT OF WAY DALLAS
COUNlY, lEXAS UNE OF CEN11JRION WAY. CAlLED S 89'51'55' E. ACCORDING TO • DEIIOTES II FOUND POINT AS INDICATED 11-IE ANAl PLAT OF LOT 3. SURVEYOR ADDIllON. RECORDEO IN • DENOTES II 5/S'
IRON ROO SET UNlESS 100 0 50 100 200 VOL 17173. PAGE 135. D.R.O.e.T. D11-IERWISE NOTED ---PROPOSED RIGHT OF WAY UrlE 􀁾􀀭􀀭􀀭􀀭􀀭􀁾􀀭􀀭􀀭􀀧􀀭􀀭􀀭􀀮􀀠,II LEGAl DESCRIPliON OF EWN SURVEY
DATE HEREWI11-I GRAPHIC SCALE .ACCOl.lPANIE S lHIS PLAT. 1 INCH .. 100 Ff; 
<:' 􀁾􀀠\1 • g • a 􀁾􀀠0· n " N II• 􀁾􀀠􀁾􀀠w 􀁾􀀠􀁾􀀠;; ;; 􀁾􀀠0••",m , ,,•I •, g DS'(t1l 􀁾􀀠, 􀁾: "£l: £l: i if 􀁉􀁾􀀠• iI:'! d {F) 􀀡􀁾􀀠• w , ,:l< •I :r: • I'" l:, a !? I."" .lAd
• 􀁾􀀡􀁬I I , I 􀁾􀀦, ; I "II i I nIl-I {F) ,•I I I 'I 􀁾􀀠.... 􀁾􀀠I 0 􀁾􀀠I " 􀁾􀀠J • I "" '" , "I,, 􀁾􀀮•I I fib I III I '"alf$L 􀁾􀁤􀀠I ( , ? L I wibI· 􀁾􀀠2 I, I I,, I, I. I:J I
I ; I••I I I "'''' g 􀁾􀀠􀁾􀀠0 i'.l g Ii 􀁾􀀠􀁾􀀠• • 􀁾􀀠;; ;; •• • 􀁾􀀠.:.'10 􀁏􀁏􀁏􀁾􀁷􀁾􀁗􀁉􀂷􀁴􀁴􀀠1II>P·[!I"oo'rp""'....tNU<\1b uu 
t;; 􀁾􀀮􀀠"" .... e> 􀁾􀀠"" -«1LI 􀁾􀀠\: 
OO'Sil'V1S 3NIl HOi"" 􀀮􀁾􀀠D 􀁾􀁾􀀭􀀭􀀭􀀫􀀭􀀭􀀭􀀫􀁾􀀬􀁾􀁾􀀭􀀭􀁾􀁾􀀬􀀬􀁾􀁾I , . ,,,,, .--1--1--+1+1-+􀁾􀀭􀁉􀀭􀀭􀀭􀀮􀀮􀀻􀁾􀁭􀀫􀀭􀁾􀀠
I f-j 􀁾􀀠0:: 'f-I i D i i g i+ .,. III f i i ;, I i, 􀁾􀀺􀀠1(1 􀁾􀀧􀁾􀁩􀀭􀀭􀁰􀁕􀁾􀂷􀁩􀀢􀀧􀀭􀁩􀀭􀀭􀁉􀀭􀁾􀁉􀁾􀀭􀀮􀁾􀀠--· · I · 
EXHIBITB Terms and Conditions 
PHe 20011217 Non..standard Form Approved, AVP-Law EXHIBIT B Public Highway Crossing SECl'ION 1-GONDmONS AND COVENANTS a) The Railroad makes no covenant or warranty of title for quiet
possession or against encumbrances. The Town shall not use or pennit useof the Crossing Area for any purposes other than those described in this Agreement. Without limiting the foregoing,
the Town shall not use or pennit use of the Crossing Area for railroad purposes, or for gas, oil or gasoline pipe lines. Any lines construcled on the Railroad's property by or under
authority of the Town for the purpose of conveying electric power or communications incidental to the Town's use of the property for highway purposes shall be constructed in accordance
with specifications and requirements 01 the Railroad, and in such manner as not adversely to affect communication or signal lines 01 the Railroad or its licensees now or hereafter located
upon safd property. No nonparty shall be admilled by the Town to use or occupyany pari of the Railroad's property without the Railroad's written consent. Nothiag herein shall obligate
the Railroad to give such consent. b) UP and the Railroad reseIVe the right to cross the Crossing Area with such railroad tracks as may be required for its convenience or purposes in
such manner as not unreasonably to interfere with its use as a public highway. in the event UPand the Railroad shall place tracks upon the Crossing Area, the Town shall at ils sole cost
and expense, modify the highway to conform with the rail line. c) The right herebygranted is subject 10 any existing encumbrances and rights (whether public or private), recorded or
not, and also to any renewals thereof. Except as authorized pursuant to law or by agreement the Town shall not damage, destroy or interfere with the property or rights of nonpartles
in, upon or relaling to the railroad property, unless the Town at its own $xrense sellles wiih and oblains releases from such nonpartles. d) The Railroad reseIVes the right to use and
to grant to othersthe right to usethe Crossing Area for any purpose not inconsistent with the right hereby granted, including, but not byway of limitcrtton, the right to construct, reconstruct,
maintain, operate, repair, alter, renew and replace tracks, railroad facilities and railroad appurienances on the property; also the right to cross the Crossing Area with all kinds of
equipment in connection with a railroad USe. The Railroad further reserves the right to otlach signal, communicailon or power lines in connection with lis railroad use to any highway
factlities located upon the property, provided that such otlachments shall comply with Town's specifications and will not interfere with the use of the CrossingArea. e) So far as it
lawfully may do $0, the Town will assume, bear and pay all taxes and assessments ofwhatsoever nature or kind (whether general, local or special) levied or assessed upon or against the
Crossing Area. excepting taxes levied upon and agolnsl the property as a component part of the Railroad's operating property. n If any property or rights other than the right hereby
granted are necessary for the construction, maintenance and use of the highway and its appurtenances, or for the performance of any work in connection with the Project, the Town will
acquire all such other property and rights at its own expense and without expenseto the Railroad. SECTION 2-CONSTRUCl'ION OfmGHWAY a) The Town, at its own expense, will apply for and
obtain all public authority required bylaw, ordinance, rule or regulation for the Project, and will furnish the Railroad upon request with satisfactary evidence that such authority has
been obtained. b) Except as may be otherwise specilioally provided herein the Town, at its own expense, will furnish all necesscay labor, matelial and equipment, and shall construct
and complete the highWay and all appurtenances thereof. Theappurienances shall include, without limitcrtton, all necessaryand proper htghway warning devices (except those installed by
!he Railroad within its right-of-way), way), and all necessary and proper dratnage facUities, guard rails or barriers, and right of way fences between the highway and the railroad tracks.
Upon completion of the Project. the Town shall remove from the Railroad's property all temporary structures and false work, and will leave the Crossing Area in a condition satisfactory
to the Railroad, c) The Railroad will receive no ascertainable benefit from the construction of the Project, and, except as may be specifically provided herein. shall not be required
to payor contribute any pari of the cost thereat. If the Project is to be financed in whole or in part by federal funds, all construction work bythe Town shall beperformed, and any reimbursement
to the Railroad for work it performs shall be made, in accordance with the applicable federal acts, regulations, and this Agreement. d) All construction work of the Town upon the Railroad's
property {including, but no! limited to, construction of the highway and phx.exb Pagel ExhibitB G:\1awadm\par\funns\OS89n.exb 
PHC W01l217 􀁎􀁯􀁮􀁾􀁓􀁴􀁡􀁮􀁤􀁡􀁲􀁤􀀠Fetm Approved, A􀁖􀁐􀁾􀁌􀁡􀁷􀀠< ali appurtenances and all related and incidental work) shall be performed and completed in a manner satisfactory
10 tbe Vice President-Engineering Services of the Railroad or his authorized representative and in accordance wilh detatled plans and . specifications prepared by and at the expense
01 the Town. and approved in writing by the Railroad's Vice President-Engineering Services. e) All construction work of the Town shall be performed diligently and completed within a
reasonable time. and in any event within !l!ree-(a) live (S) years from the effective date of this Agreement. or within such further period of time as may be specified in writing by
the Railroad's Vice President-Engineering Services. No part of the Project shall be suspended. discontinued or unduly delayed without the Ratlroad's written consent. and subject to such
reasonable conditions as the Railroad may specify. It is understood that the Railroad's tracks at and in the vicinity of the work will be in constant or frequent use during progress
of the work and that movement or stoppage of trains. engines or cars may cause delays in the work of the Town. The Town hereby assumes the risk of any such delays and agrees that no
c1atms for damage on account 01 any delay shall be made against the Railroad. f) If the Project includes construction of a structure over which trains are to be operated. or for which
the Railroad has any responsibility for maintenance, the Town shall furnish the Railroad permanent reproducible prints of all design and'shop drawings as soon as possible after approval
by the Vice President-Engineering Services of the Railroad or his authorized representative. Upon completion of construction, the Town shall furnish the Railroad two sets of "as constructed"
prints and. in addition. upon request of the Vice President -Engineering Services of the Ratlroad. "os constructed" permanent reproducible prints of all or any portion of the structure.
SECI'lON3-INIURY AND DAMAGE TO PROPERTY If the Town. in the performance of any work contemplated by this Agreement or by the failure to do or perform anything lor which the Town Is responsible
under the provisions 01 this Agreement. shall injure. damage or destray any property 01 the Railroad or of any other person lawfully occupying or using the property of the Railroad.
such property shall be replaced or repaired by the Town at the Town's own expense. or by the Railroad at the expense of the Town. and to the satisfaction of the Railroad's Vice President-Engineering
Services. SECI'lON 4-PAYMENT FOR WORK BY THE RI\ITROAP COMPANY a) Bills for work and materials shall be paid by the Town promptly upon receipt thereof. The Railroad will submit to the
TOwn current bilis for flagging and other protective services and devices during progress of the Project. The Railroad will submit final biliing for flagging and other protective services
within one hundred and twenty (120) days after completion of the Project provided the Town advises the Railroad of the commencement of the 120-day period by giving the Railroad written
notification of completion of the Project. b) In connection with the Crossing Area. the Railroad may contract for the performance of any of its work by other than railroad forces. The
Railroad shall give reasonable notice to the Town of its intent to work on the Crossing Area. and the Railroad and Town agree to work together to cocrdinate such work and its effect
on the Crossing Area. The Railroad shall notify the Town of the contract price within ninety (gO) days after it is awarded. Unless the Railroad's work is to be performed on a lixed price
basis. the Town shall reimburse the Railroad for the amount of the contract. SECI'lON 5-MAINTENANCE al If the Project involves a grade crossing: l) The Town shall, at its own sale expense.
maintain. repair. and renew, or cause to be maintained, repaired and renewed, the entire Crossing Area. except the pcrtions between the track tie ends. which shall be maintained by and
at the expense of the Railroad. 2) If, in the future. the Town elects to have the surfacing material between the track tie ends. or between tracks if there is more than one railroad
track across the Crossing Area. replaced with paving or some surfacing material other iban timber planking, the Railroad, at the Town's expense, shall install such replacement surfacing.
and in the future, to the extent repair or replacement of the surfacing Is necessitated by repair or rehabJIitation of the Railroad's tracks through the Crossing Area, the Town shall
bear the expense of such repairs or replacement. bl If the Project involves a public highway crossing under the Railroad's tracks: t) The Town shall, at Its own sole expense, maintain,
repair. and renew, or cause to be maintained. repaired and renewed, phx.exb Page2 ExhibitB G:llawadm\parlfurrnsI0589n,exb 
PHC 20011217 􀁎􀁯􀁮􀁾􀁓􀁴􀁡􀁮􀁤􀁡􀁲􀁤􀀠Fonn Approved, AVPRLaW <." the entire substructure of the highwC!}'-railroad grade separation structure. 2) The Railroad shall, at its own sole
expense, moIntain and repair, or cause to be maintained and repaired, the 􀁥􀁮􀁴􀁩􀁲􀁾􀀠superstructure of the highwC!}'-railroad grade separation slructure. c) If the Project involves
a public highwC!}' crossing over the Railroad's tracks, the Town shaJl, at its own sale expense, maintain, repair, and renew, or cause to be mointained, repoired, and reneweeL the entire
highwC!}'-railroad grade separation structure. SECTION 6-CHANGES IN GRADE If at any tlme the Railroad shall elect, or be required by competent authority to, roise or lower the grade
of all or any portion of the track or tracks located on the Crossing 􀁁􀁲􀁾the Town shall, at its own expense, coalorm the public highwC!}' in the Crossing Area to conform with the change
of grade of the trackage. SECTION 7-.REARRANGEMENT OF WARNING DEVICES If the change or rearrangement 01 anywarning device installed hereunder is necessitated for public or Railroad convenience
or on account of improvements for either railroad, highwC!}' or both, the partles will apportion the expense incidental thereto between tbemselves by negotiation, agreement or by tbe
order of a competent autbority before the cbange or rearrangement is undertaken. . SECTION 8-SAF£I'Y MEASURES: PROTECTION OF BAlLROAD COMPANY OPERATIONS It is understood and recognized
that safety and continuity af the Railroad's operations and communications are of the utmost tmportance; and in order that the same mC!}' be adequately safeguardeeL protected and assured,
and in order that accidents mC!}' be prevented and avoideeL it is agreed with respect to all of saidwork of the Town that the work will be performed in a safe manner and in conformity
with the following standards: al Definitions. All references in this Agreement to the Town shall include the Town's contractors, subcontractors, officers, agents and employees, and others
acting under its or their authority; and all references in this Agreement to work of the Town sball include work both within and outside aI railroad property. b) Compliance With Laws.
The Town shall comply with all applicable federal, stoie and locollaws, regulations and enactments affecting the work. The Town shall use only such methods as are consistent witb satety,
both as concerns the Town, the Town's agents and employees, the officers, agents, employees and property of the Railroad and the public in general. The Town (without Iirnlting the generality
01 the foregoing) shall comply with all applicoble state and federal occupational safety and beallh acts and regulations. All Federal Railroad Administration regulations sball be followed
when work is performed on the Railroad's premises. If any failure by the Town 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, tbe Town shall reimburse and indemnify the Railroad for any such fine, penalty, cost, or charge, including withoullirnltation
atiorney's fees, court costs and expenses, The Town further agrees in Ihe event 01 any such action, upon natice tbereof being provided by the Ra:ilroad, to defend such action free of
cost, charge, or expense to the Railroad, c) No Interference or Delgys. Recognlzing tbat a public streel and right-of-wC!}' will beconstructed and used by the Town across the Crossing
Area, the Town shall not unreasonably do, suffer or permit anything which will or mC!}' obstruct, endanger, interfere with, hinder or delay mainlenance or operation of the Railroad's
tracks or facilities, or any communication or signal lines, installations or any appurtenances thereof, or the operations of others lawfully occupying or using Ihe RailIpad's property
Or facUities. d) ll:!JI1ernsion, The Town, at its own expense, shall adequately police and supervise all work to be performed by the Town, and shall not inllict injury 10 persons or
damage 10 property for Ihe safety of whom or of which the Railroad mC!}' be responsible, or to property of the Railroad. The responsibility of the Town for safe conduct and adequate
policingand supernsion of the Projecl shaJl not be lessened or otherwise affected by the Railroad's approval ofplans and specifications, or by the Railroad's collaboration in performance
of any work, or by tbe presence at the work site of the Railroad's representatives, or by compliance by the Town with any requesls or recommendations made bysuch represenlatives. If
a representative of the Railroad is assigned to the Project, the Town will give due consideration 10 suggestions and recommendations made by such representative for the safety and prolection
of the Railroad's property and operations. e) Suspension of Work. If at any time the Town's engineers or Ihe Vice PreSident-engineering Services of the Railroad or Iheir phx.exb Page
3 ExhibitB G:\lawadm\par\forms\0589n.exb 
me 20011217 Non-Standard Form Approved. AVP-Law {. respective representatives shall be 01 the opinion thcrt anywork of the Town is being or is about to be done or proseouted without
due regard and precaution for solety and security,the Town shall immedicrtely suspend the work until suitable, adequcrte and . proper protective measures are adopted and provided. . f) Removal of Debris. The Town shall not cause, suffer
or permit mcrterial or debris to be deposited or cast upon, or to slide or fall upon any property or facilities of theRailroad; and any such mcrleriof and debris shall be promptly removed
from the Railroad's properly by the Town crt the Town's own expense or by the Railroad crtlhe expense 01 the Town. The Town shall not cause, suffer or permit any snow10 be plowed or
cast upon the Railroad's properly during snow removol from the Crossing Area. g) Explosives. The Town shall not discharge any explosives on or in the vicinity of the Railroad's property
without the prior consent of the Railroad's Vice President-Engineering Services, which shall not be given ii, in the sole discretion of the Railroad's Vice PreSident-Engineering Services,
such discharge would be dangerous or would interfere with the Rallroad's properly or facilities. For the purposes hereof, the "vicinity of the Railroad's property" shall be deemed to
be any place on the Ro!Iroad's properly or in such close proximity to the Railroad's properly that the discharge of explosives could cause injury to the Railroad's employees or other
persons, or cause damage to or interference with the facilities or operations on the Ro!Iroad's properly. The Railroad reserves the right to impose such conditions, restrictions orlimitations
on the transportation, handling, storage, security and use of explosives as the Railroad, in the Railroad's sole discretion, may deem to be necessary, desirable or appropricrte. In addition
10 any conditions, restrictions or limitations as may be specifically imposed: !) Unless the Railroad's Vice President-Engineering Services agrees otherwise,the Town shall provide no
less than 48 hours' notice, el(Cluding weekends and holidays, before discharging any "xplosives. 2) Any explosives loaded in holes or placed or otherwise readied for discharge on a day
shall be discharged on the same doy during daylight hours, and at mutually acceptable limes. 3) The Town. crt jts own expense, shall take all precautionary measures and consiruct all
temporary shelters necessary to guard against danger 01 damage, desiruclion or interference arising out 01 or connected with any blasting or any transportation, handling, storoge, security
or use of explosives. 4) The Tovm shall require explosives to be transported, handled, stored or otherwise secured and used in a manner satisfactory to the Ratlroad and in accordance
with local, state and Federal laws, rules and regulations, including, without limitation, United Sterles Department of Labor, Bureau of Labor Standards, Solety and Health Regulations
for Construction, 29 ern Part 1518, Subpari U -''Blasting and the Use of Explosives"; and Occupational Solety and Health Administration Occupational Safety and Heallh Standards, 29 CPR
Pari 1910, Subpart H -'Hazardous Materials'. h) Obstructions to View. Except as otherwise specifically provided herein, the Town shall not couse or permit the view along the tracks of
the Railroad to be obsiructed, nor place any combustible mcrteriof on the premises, nor erect any structures thereon. H public law or regulation requires control or removal of weeds
or vegetation on each side of the Crossing Area. the Town will perform such control or removal work without expense to fhe Railroad or, iI fhe Town may not lawfully perform the control
or removal work, reimburse the Railroad for the cost of performing such control or removal. Hthe crossing is not equipped with automatic train activated warning devices with gate arms:
I) The Town shall control or remove weeds and vegetationwithin and on each side 01 the Crossing Area so that the view of approaching motorists to approaching trains is not obsiructed
by weeds or vegetation; and 2) Insofar as it may lawfully may do so. the Town will not permit non-parties 10 construct sight obstructing buildings or other permanenl structures on properly
adjacent to the right-of-way. i) Excavation. The Town shall not excavate from existing slopes nor construct new slopes which are excessive and may create hozards of slides or falling
rock. or impair or endanger the clearance between existing or new slopes and the tracks 01 the Railroad. The Town shall not do or cause to be done anywork which will or may disturb the
stability of any area or adversely affect the Railroad's trocks or facilities. The Town, at its own expense, shall install and maintain adequate shoring and cribbing for all excavation
and/or trenching performed by the Town in connection with construction, maintenance or other work. The shoring and cribbing shall be consiructed and maintained with materials and in
a manner approved by the Railroad's Vice PresidentEngineering Services to withstand all stresses likely to be encountered, including any stresses resulting from vibrations caused by
the Railroad's operaiions in the vicinity. j) Draingge. The Town, at the Town's own expense, shall provide and maintain suitable facilities for draining the highway and its appurtenances,
and shall not suffer or permit drainage werler therefrom to flow or collect upon properly of fhe Railroad. The phx.exb Pag.e 4 ExhibitB O:\iawadm\par\forms\0589n.exb 
PHC 20011217 Non·Stllndard Fonn AFFmved, AVP·Law 􀀨􀁾􀀧􀀢􀀠ToWn. at the Town's own expense, shall provide adequate passageway for the waters 01 any streams, bodies of water and drainage
facilities (either natural or artificial, and including water from the Rallroad.'s culvert and drainage facilities), so that said waters may . not, because of any facilities or work
of the Town, be impeded, obstructed, diverted or caused to back up, overflow or damage the· property of the Rallroad or any part thereof, or property 01 others. The Town shall not obstruct
or interfere with existing ditches or drainage facilities. k) Notice. Before commencing any work, the Town shall provide 48 hours prior notice (excluding weekends and holidays) to the
Rallroad's Manager-Track Maintenance. I) Fiber Optic Cgbles. Fiber optic cable systems may be buried on the Rallroad's property. Protection of the fiber optic cable systems is of exireme
importance since any break could disrupt service to users resulting in business interruption and loss of revenue and prolits. Town shall telephone the Railroad at 1-800·336·9193 (a 24·hour
number) to determine if fiber optic cable is buried anywhere on the Railroad's premises to be used by the Town. if it is, Town will telephone the telecommunications company(ies) involved,
arrange for a cable locator, and make arrangements for relocation or other protection of the fther optic cable prior to beglnnlng any work on the Railroad's premises. SECTION 9 • INTERlM
WARNING DEVICES if at anytime it Is determined by a competent authOrity, by the Town, or by agreement between the parties, that new or improved train activated wamlng devices should
be installed at the Crossing Area, the Town shall install adequate temporary wamlng devices or signs and impose appropriate vehicular control measures to protect the motoring public
until the new or improved devices have been installed. SECTION 10· OTHER RAILROADS All protective and indemnifying provisions 01 this Agreement shall inure to the benefit of the Rallroad
and any other railroad company lawfully using the Railroad's property or facilities. SECTION 11· REMEDIES FOR BREACH OR NONUSE a) if the Town shall fail, refuse or neglect to perform
and abide by the terms of this Agreement. the Railroad, in addition to any other rights and remedies, may perform any work which in the judgment of the Roilroad is necessary to place
the highway and appurtenances in such condition as will nat menace, endanger or interfere with the Roilroad's facilities or operations or jeopardize the Railroad's employees; and the
Town will reimburse the Railroad for the expenses thereof. b) Nonuse by the Town of the Crossing Area for public roadway purposes continuing at any time for a period of eighteen (18)
months shall, at the option of the Rallroad, work a termination of this Agreement and of all rights of the Town hereunder. c) The Town will surrender peaceable possession of the Crossing
Area upon lerminatlon of Ihis Agreement. Termination of this Agreement shall not affect any rights, obligations or liabilities 01 the parties, accrued or otherwise, which may have artsen
prior to termination. SECTION 12· MODIFICATION -ENTIRE AGREEMENT No waiver, modilication or amendment of this agreement shall be of any force or effect unless made in writing, signed
by the Town and the Railroad and specifying with particulority the nature and extent of such waiver, modification or amendment. Any waiver by the Railroad of any default by the Town
shall not affect or impair any right arising from any subseC!',l6nt default. This Agreement and Exhibits atiached hereto and made a part hereof constitute the entire understanding between
the Town and the Roilroad and cancel and supersede any prior negotiations, understandings or agreements, whether written or orat, with respect to the work or any part thereof. . SECTION
13· ASSIGNMENT; SUCCESSORS AND ASSIGNS This Agreement shall not be assigned without the written consent of the Railroad. Subject hereto, this Agreement shafl be binding upon and inure
to the benent of the parties hereto and their successors and assigns. phx..xb Page 5 ExhibitB O:llawadmlpar\fonns\0589n.exb 
PHCIPHE INS 920624 Standard Form Approved, AVP-Law EXHlBITB-I Public Road Insurance Requirements The Town andlor ils Contractor/Subcontractor shall, at its own and/or its Conlractor's/Subconlractor's
sole cosl and expense, procure !he following kinds of insurance and promptly pay when due all premiums for that insurance. The Railroad Protective Insurance described in Paragraph D
below only needs 10 be oblained and kept in force during the durallon of construction or major reconstruction of the hlghway located on !he Premises. The other insurance coverage descrlhed
in Paragraphs A, Band C below shall be kept in force by the Town during the life of this Agreement. A General Public Liobility insurance providing bodily injury, including death, personal
injury and property damage coverage with a combined single limit 01 at least $2,000,000 each occurrence or c1cxiri1 and a general aggregate limit of at least $4,000,000. This insurance
shall provide Broad Form Ccntractual Liability covering the indemnity provisions contained in this Agreement, Underground Hazard, Broad Form Property Damage, a waiver of governmental
inununity (ISO Form GL 24 14 or equivalent), severobility of interests and name RaOroad as an additional insured with respect 10 allliobUities arising oul of Town's obligation 10 Railroad
in the Agreement. Ifcoverage is purchased on a "clatms made" basis it shall provide for at least a three (3) year extended reporting or discovery period, which shall be invoked should
insurance covering the Ume period of this Agreement be cancelled. B. AUlorncbUe Public Liability insurance providing bodily injury and property damage with a combined single limit of
at least $2,000,000 each occurrence or clatm. This insurance shall provide contractualliobility by endorsement ISO Form CA 00 25 or equivalent covering all molor vehicles including hired
and non-owned, mobile equiprnenllo the extent it may be excluded from general liability insurance, severability of inlerests and name Railroad as an additional insured with respect 10
all liabilities oIising oul of Town's obligation to Railroad in the Agreement. C. Worker's Compensation insurance covering the statutory Iiobility as delermined by the compensation laws
of the state(s) affected by this Agreement and Employers' Liobility with a limit of at least $1,000,000. Also compliance with all laws of states which require por!icipation in their
state workers' compensation fund. . . D. Rniiroad Protective Liability insurance naming Railroad as insured with a combined single limit of $2,000,000 per occurrence with a $6,000,000
aggregate. The policy form shall be AAR-AASHTO with broad form coverage for "Physical Damage 10 Property' (ISO Form GL 00 30) or as revised ISO-RIMA (Form CG 00 35) and include pclIution
oIising out of fuels and lubricants brought 10 the job site (ISO Form CG 2831 or equivalent). If Ihe lloyd's Lcndon policy form is used, limits shall be $3,000,000 per occurrence with
a $9,000,000 aggregate and the Extended Clatms Made Date shall be determined by adding the length of !he original policy period plus one year to !he pollcy expiration date. The Town
and/or its Contractor(s)/Subcontractor(s) herebY waive their right of subrogation. as respects the above insurance poHcy(ies), against Railroad for payments made to or on behall of employees
of Town or its agents or its Ccntractor(s}/Subcontractor(s) and for loss of their owned or leased property or property under their care, custody and control while on or near Railroad's
right-or-way or other real property. Town's and/or its Contractors/Subcontractor's insurance shall be primary with respect 10 any insurance carried bY Rniiroad. Town and/or ils Contraclor(s)/Subcontr
aclor(s) shall furrush 10 Railroad certificate(s) of insurance evidencing the required coverage and endorsement(s) and upon request a certified duplicate original of any of those poliCies.
The insurance company(ies) !ssaing such pelicy(!es) shall notify Rniirood in writing of any material alteration including any change in the retroactive date in any 'c!atms·made" policies
or substantial reduction of aggregilte limits. if such limits apply, or canceliation thereof at least thirty (30) days prior therelo. The insurance poUcy(ies) shall be written by a reputoble
insurance company or companies acceploble to Railroad or with a current Best's Insurance Guide Rating of B and Class VlI or better. Such insurance company shall be authorized to transact
business in the state(s) affected by this Agreement. phxexb Lexb Page 1 ExhibitB-l 
EX IBIT C Contractor's Right of Entry Agreement 
UNION PACIFIC RAILROAD COMPANY Real Estate Department J, L Hawkins Assistant Vice President R. O. Uhrich General Director· Rea! Estate Openitlom M,E.Heenan Director -Contracts J.A Anthony
Director -Ileal Estale Operanoos O. H. Ugtuwine Director· Real Estate O. O. Brown DIrector 􀁾􀀠Rea! ESla!e M. W.Casey T. K. Love 1800 Farnam Sireet General Dllcclor w Special properties
Director· Real Estate Omaha, Nebraska 68102 J. P. Gade Fax: {402} 997-3601 Director 􀁾􀀠Facility Management December 19, 2001 Folder No. 1976-54 To the Contractor: Before Union Pacific
Railroad can pennit you to perfonn work on its property for the construction oftwo new at-grade public road crossings, it will be necessary to complete two originals ofthe enclosed Right
ofEntry Agreement as follows: I. Fill in the complete legal name of the contractor in the space provided on Page I of the Contractor's Right of Entry Agreement Ifa corporation, give
the state of incorporation. Ifa partnership, give the names ofall partners. 2. Fill in the date construction will begin and be completed in Article 5, Paragraph A. 3. Fill in the name
of the contractor in the space provided in the signatore block at the end ofthe Contractor's Right of Entry Agreement. Ifthe contractor is a corporation, the person signing on its behalfmust
be an elected corporate officer. 4. Return aU copies ofthe Contractor's Right ofEntry Agreement together with your Certificate ofInsurance as required in Exhibit B-1, in the attached,
self-addressed envelope. 5. Check made payable to the Union Pacific Railroad Company in the amount of$500.00. Ifyou require formal billing, you may consider this letter as a fonnal bill.
In compliance with the Internal Revenue Services' new policy regarding their Form 1099, I certify that 13-6400825 is the Railroad Company's correct Federal Taxpayer Identification Number
and that Union Pacific Railroad Company is doing business as a corporatiolL After approval of the Right of Entry Agreement and insurance certificate, one fully executed counterpart of
the agreement will be returned to you. In no event should you begin work until you have received your counterpart ofthe fully executed agreement. Under Exhibit B-1 oflbe enclosed Contractor's
Right ofEntry, you are required to procure Railroad Protective Liability Insurance (RPLI) for the duration ofthis project. As a service to you, Union Pacific is making this coverage
available to you. You are not required to purchase this coverage from the Railroad and are encouraged to shop the market for the best available rate. Ifyou decide; however, that acquiring
this coverage from the Railroad is ofbenefit to you, simply comple\e contact Ms. Nancy Savage at 402-271-2215. Ifyou bave any questions concerning the agreement, please contact me at
(402) 271-3620. Have a safe day! Sincerely, PAULG. FARRELL MANAGER CONTRACfS 
ROE 920316 Folder No.: 1976-54 Standard Fonn Approved. AVP-Law CONTRACTOR'S RIGHT OF ENTRY AGREEMENT THIS AGREEMENT is made and entered into as ofthe day 200.._, by and between DALLAS
GARLAND & NORTHEASTERN RAILROAD, a Texas corporation to be addressed in care ofRailAmerica, 4040 Broadway, Suite 200, San Antonio, TX 78209 (hereinafter the "Railroad"), and a(n) _____________
(hereinafter the "Town's Contractor"). RECITALS: By agreement dated , the Railroad granted the Town of Addison (hereinafter "Licensee") the right to construct two new at-grade public
road crossings for Arapaho Road on the property of the Railroad at Milepost 598.3, on the Dal-Nor Branch, at or near Addison, Dallas County, Texas. The Town's Contractor has been employed
by the Licensee to construct two new at-grade public road crossings for Arapaho Road (hereinafter referred to as the "woIl<") aad has requested the Railroad to permit it to perform the
work On Railroad property, to wbich the Railroad is agreeable, subject to the following terms and conditions. AGREEMENT: IT IS MUTUALLY AGREED BY AND BETWEEN TIffi PARTIES HERETO AS
FOLLOWS: ARTICLE 1 -DEFINITION OF CONTRACTOR For purposes of this agreement, all references in this agreement to the Town's Contractor sball include the Town's Contractor's contractors,
subcontractors, officers, agents and employees, and others acting under its or their authority. ARTICLE 2 -RlGHT GRANTED; PURPOSE The Railroad hereby grants to the Town's 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 portion of the Railroad's property at Mile Post 598.3 on the Railroad's Dal-Nor Branch at or near Addison, TX, for the purpose ofconstructing two new at-grade public road crossings
hereinabove described. The right herein granted to Town's Contractor is limited to those portions of the Railroad's property specifically descn1led herein, or designated by the Railroad
representative named in Article 4. ARTICLE 3 -TERMS AND CONDITIONS CONTAINED IN EXHIBITS B AND B-1 The tenDs and conditions contained in Exhibits B and B-1, hereto attached, are hereby
made a part of this agreement. ARTICLE 4 -ALL EXPENSES TO BE BORNE BY CONTRACTOR; RAILROAD REPRESENTATIVE The Town's Contractor shall bear any and all costs and expenses associated with
any woIl< performed by the Town's Contractor, or any costs or expenses incurred by the Railroad relating to this agreement. All work performed by Town's Contractor on Railroad's property
shall be performed in a manner satisfactory to the respective local Superintendent of Transportation Services of the Railroad or his authorized representative (hereinafter the Railroad
Representative). CROE Public Road Crossings Page 1 oD revisetlDecember 19, 2001 
ROE 920316 Fold... No.: 1976·54 Standard Form Approved. A VP-Law <. " ARTICLES· TERM; TERMINATION a). The grant of right herein made to Town's Contractor shall commence on , and continue
until • unless SOOner terminated as herein provided, or at such time as Town's Contractor has completed its work on Railroad's property, whichever is earlier. Town's Contractor agrees
to notilY 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 Town's Contractor will provide the Railroad with a Certificate issued by its insurance carrier
providing the insurance coverage required pursuant to Exhibit B·I of this agreement in a policy which contains the following type ofendorsement: Union Pacific Railroad Company is named
as additional insured with respect to all liabilities arising out ofInsured's, as Town's Contractor, performance of any work On the property of the Railroad. b). Town's Contractor warrants
that this agreement has been thoroughly reviewed by its insurance agent(s)/broker(s) and that said agent(s)/broker(s) bas been instructed to procure insurance coverage and an endorsement
as required herein. c). All insurance correspondence shall be directed to: RailAmerica 4040 Broadway, Suite 200 San Antonio, 1X 78209 Folder No. 1976·54 ARTICLE 7 . PROTECTION OF FIBER
OPTIC CABLE SYSTEMS Fiber optic cable systeins may be buried on Railroad's propcrty. Protection ofthe fiber optic cable systems is of extreme importance since any break could disrupt
service to users resulting in business interruption and loss of revenne and profits. Prior to beginning any work, the Town's Contractor shall telephone the Railroad at 1·800·336·9193
(a 24·hour number) to determine iffiber optic cable is buried anywhere on the property set forth herein. Ifit is, the Town's Contractor shall also comply with and be subject to the provisions
contained in Section 6 ofExhibit A. ARTICLE 8 -ENFORCEABILITY; CHOICE OF LAW; CHOICE OF FORUM Litigation arising out ofor connected with this agreement may be instituted and maintained
in the courts of the state of Texas, 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
ofprocess issued by such courts. ARTICLE 9· ADMINISTRATIVE FEE Applicant shall pay tQ the Railroad FIVE HUNDRED DOLLARS ($500.00) as reimbursement for clerical, administrative and handling
expense in connection with the processing ofthis Agreement. ARTICLE 10· SPEClALPROvurrONS None. CROE Public Road Crossings Page 2 of3 re..isedDecember 19, 2001 
ROE 920316 FolderNo.: 1976-54 Standard Form ApprovedJ A VP-Law IN WITNESS WHEREOF, the parlies hereto have executed this agreement in duplicate as the date first herein DALLAS GARLAND
& NORTHEASTERN RAILROAD 􀁾􀁹􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭Title: __________________ WITNESS: (Name: ofContractor) By ___________________________ Title:________________
CROE Public Road Crossings Page 3 00 revised December 19. 2001 
(., N I NEW PUBLIC ROAD CROSSING CONSTRUCTION PROJECT "'O,.l· 'JJa "on Worth Bnmch RAILROAD WORK TO BE PERFORMED: EXHIBIT "A" UNION PACIFIC RAILROAD COMPANY l. Flagging. DALLAS GARLAND
& NORTHEASTERN RAILROAD Old Fort Worth Branch Mile Post 598,3 GPS: N 32° 57.436', W 96° 49,909' Addison Jct, Dallas Co., TX, Illustrative print showing location ofproposed public road
crossing extension construction project with the TOWN OF ADDISON, TEXAS. Folder No. 1976-54 Dare: December 19,2001 WARNING IN ALL OCCASIONS. u.p, COMMUNICATIONS DEPARTMENT MUST BE CONTACT£D
IN ADVANCi!. OF AN'( WORK TO DEtERMINE EXISTENCE AND LOCAnON OF FIBER OPTIC CABLE. PHONE: 1-(1IOO}33("9193 
Contraclor'sROEExB 7130101 FonnApproved,AVP-Low 1-EXHIBITB TO CONTRACfOR'S RIGHT OF ENTRY AGREEMENT Section L NOTICE OF COMMENCEMENT OF WORK -FLAGGlNG, A The Contractor agrees to notify
the Railroad Representative at least ten (10) working days in advance of Contractor commencing Its work and at least ten (10) working days in advance of proposed performance of any work
by the Contractor in which any person or equipment will be within twenty-five (25) feet of any track. or will he near enough to any track that any equipment extension (such as, but not
limited to, a crane boom) will reach to within twenty-five (25) feet of any track, No work of any kind shall he performed, and no person, equipment, machinery, tool(s), material(s),
vehicle(s), or thing(s) shall be located, operated, placed, or stored within l\I1enty-five (25) feet of any of Railroad's track(s) at any time, for any reason, unless and unHl a Ratlroad
flagman is provided to watch for trains_ Upon receipt of such ten {lO)-day notice, the Railroad Representative will determine and inform the Contractor whether a flagman need he present
and whether the Contractor need implement any speciai protective or saiety measures_ If flagging or other speciai protective or saiety measures are performed by the Railroad, such services
will he provided at Contractor's expense with the understanding that if the Railroad provides any flagging or other services, the Contractor shall not be relieved of any of its responsibilities
or liabilities set forth herein. Contractor shall promptly pay to Railroad all charges connected with such services within thirty (30) days aiter presentation of a bilL B. The rate of
pay per hour for each man will he the prevailing hourly rate in e!lact for an eight hour day for the class of men used during regularly assigned hours and overtime in accordance with
Labor Agreements and Schedules in effecl at the time the work is performed, In addition to the cost of such laber, a composite charge for vacation, holiday, health and welfare, supplemental
sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Uability and Property Darnoge and Administration will be included, computed on actual payroll.
The composite charge will be the prevailing composite charge in effect on the day of execution of this agreement. One and one-hall times the current hourly rate is paid for overtime,
Saturdays and Sundays; two and one-hall times current hourly rate for holidays, Wage rates are subject to change, at any time, by law or by agreement between the Railroad and its employees,
and may be retroactive as a result of negotiations or a ruling of an authorized Governmental Agency, Additional charges on labor are also subject to change, If the wage rate or additional
charges are changed. the Contractor shall pay on the basis of the new rates and charges, C. Reimbursement to the Railroad will be required covering the full eight hour day during which
any flagman is furnished. unless he can be assigned to other Railroad work during a portion of such day, in which event reimbursement will not be required for the portion of the day
during which the flagman is engaged in other Railroad work, Reimbursement will also be required for any day not actually worked by said flagman following his assignment to work on the
project for which the Railroad is required to pay the flagman and which could not reasonably be avoided by the Railroad by assignment of such flagman to other work, even though the Contractor
may not be working during such time, When it becomes necessary for the Railroad to bulletin and assign an employee to a flagging position in compliance with union collective bargaining
agreements, the Contractor must provide the Railroad a minimum of five (5) days notice prior to the cessation of the need lor a flagman. If five (5)-days notice 01 cessation Is not given,
the Contractor will still he required to pay flagging charges for the five (5)-day notice pertod required by union agreement to be given to the employee, even though flagging flagging
is not required for that period An additional ten (10) days notice must then be given to the Railroad if flagging service are needed again after such five day cessation notice has been
given Railroad, Section 2. LIMITATION AND SUBORDlNATION OF RIGHTS GRANTED A The foregoing grant of right is subjact and subordinate to the prior and continuing right and obligation of
the Railroad to use and maintoin 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 wlrelines, pipelines and other facilities upon, along or across anyor all parts of its property, aU or any of which may
be freely done at anytime or times by the Railroad without liability to the Contractor or to any other party for compensationor damages. B. The foregoing grant is aiso subject to all outstanding superior rights (including those in favor of licensees and lessees of the Railroad's property, and others) and the
righi 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 OPERATIONS OF RAllROAP AND ITS TENANTS.
A The Contractor shall conduct its operations so as not to interfere with the continuous and uninterrupted use and operation of the railroad tracks and property of the Railroad, including
without limitation, the operations of the Railroad's lessees, licensees or others; unless specifically aulhorized in advanceby the Rat1road Representative. Nothing shall be done or permitted
to be done by the Contractor at any time that would in any manner impatr the safety of such operations, When not in use, Contractors H:\DATAiFaYCrites\Pub1Ic: Road CrossIng Agwruner.!s\197&S4
Page I ExhlbliB Qtyof Addison. 'IX -Atttpahoe Rd.dQe 
Controctor'sROEExB 7/30/01 Form Approved. AVN.nw I(1achinery and materials shall be kept at least fifty (50) feel from the centerline of the Railroad's nearest track:, and there shall
be . ni.. vehicular crossings of Ratlroads tracks except at existing open public crossings. B. Operations of the Railroad and work performed by the Railroad personnel anddelays in the
work to be performed bythe' . Contractor caused by such railroad operations and work are expected by the Contractor, and Contractor agrees that the Railroad shall have no liability to
Contractor, its subcontractors or any other person or entity for any such delays. The Contractor shall coordinate its activities with those of the Railroad and third parties so as to
avoid interference with ratlroad operations. The sale operation of the Ratlroad takes precedence over any work to beperformed by the Contractor. Section 4. The Contractor shall pay in
full all persons who perform labor or provide materials for the work to be performed by Contractor. The The Contractor shall not create, permit or suiler any mechanic's or materialmen's
liens of any kind or nature to be created or enforced agatnst any property 01 the Ratlroad for any such work performed. The Contractor shallindemnifyand hold harmless the Railroad from
and against any and all liens, clatms, demands, costs or expenses of whatsoever nature in anyway connected with or growing out of such work done, labor performed or materials furnished.
Ii the Contractor falls io promptly cause any lien to be released of record. the Rallroad may, at its election. discharge the lien or clatm of lien at Contractor's expense. SectionS.
PROTECTION OF FIBER OPTIC CABLE SYSTEMS. A. Flber oplic cable systems may be buried on the Railroad'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. Contractor shall telephone the Railroad during normal business hours (7:00
a.m. to 9:00 p.m. Central 'Time, Monday through Frtday, except holidays) at 1-800-336-9193 (also a 24·hour, 7·daynumber lor emergencycalls) to determine illiber optic cable Is buried
anywhere on the Railroad's premises to beused bylheContractor. If it is, CanJractor will telephone the telecommunications company(ies) involved, make arrangemenls for a cable locator
and, if opplicable. for relocation or ather protection of the fiber optic cable. The Contractor shall not commence any work until all such protection or relocation (i! applicable) has
been accomplished. B. In addition 10 ather indemnity provisions in this Agreement, the Contractor shall indemnify, defend and hold the Rallroad harmless from and against all costs, liability
and expense whatsoever (including, without limltation, atiomeys' fees, couri costs and expenses) arising out of any act or omission of the Contractor, its contractor, agents and/or employees,
that causes or contributes to (]) any damage to or destruction of any telecommunications system on Railroad's property, and/or (2) any injuryto or death of any person employed by or
on behali of any telecommunications company, andlor its contractor, agents andlor employees: on Rallroad's property. Contractor shall not have or seek recourse against Rallroad for any
clatm or cause of action for alleged loss 01profits or revenue or loss of service or other consequential damage to a telecommunication companyusing Rallroad's property or a customer
or user of services of the fiber optic cable on Railroad's property. SecUon 6. PERMITS -OOMPUANCE WITH LAWS. In the prosecution of the work coveredby this agreement, the Contractor shall
secure anyand all necessary permits and shall comply with all opplicable federal, state and local laws, regulations and enactments affecUng the work including. without limltation, all
opplicable Federal Rallroad Administration regulations. Section 7. SAFET'f. A Safety of personnel, property, rail operations and the public is of paramount importance in the prosecution
01 the work performed by the Contractor. The Contractor shall be responsible for initiating, matntaining andsupervising all safety, operations and programs in connection with the work.
The Contractor shall at a minimum comply with the RatIroad's safety standards listed in Exhibit D, hereto atiached, to ensureuaIIormity with the safety standards followed by the Rallroad's
own forces. A.s a pari of the Contractor's safety responsibilities, the Contractor shall notify the Rallroad if the Contractor determines that anyof the Rallroad's safety standards are
contrary to goad safety practices. The Contractor shall furnish copies 01 Exhibit D to each of its employees before they enter on the job site. B. Without limltation of the provisions
01 paragraphA above, the Conlractor shall keep the job site free Irom safety and healih hazards and ensure that its employees are competent and adequately trained in all salety and health
aspects of the job. C. The Contractor shafl have proper first nid supplies avallable on the job site so that prompt /irst atd services may be provided to any person injured onthe job
site. The Conlractor shall promptly notify the Rallroad of any U.S. Occupational Safety and Health Administration reportable injuries. The Contractor shall have a nondelegable duty to
control its employeeswhile they are on the job site or anyother property of the Rallroad, and to be certatn they do not use, he under the influence of, or havein their possession anyafcoholic
beverage, drug or other substance that may inhibit the safe performance of any work. 􀁈􀀺􀀧􀀱􀁊􀀩􀁁􀁔􀁁􀁬􀁦􀀧􀁾􀁯􀁳􀁜􀁐􀁵􀁢􀀱􀁬􀁥􀀠Road Crossing Agr9li!ments\I97s..S4 Page 2 Exbibi!
B C'ltyofAddlson, 􀀧􀁉􀁘􀁾􀁁􀁴􀁯􀁰􀁡􀁴􀁴􀁯􀁵􀁒􀁤􀀮􀁤􀁯􀁣􀀠
Contractor's ROEExB 113O/Ot ,Form Approved, A VP,Law 1;>" IT and when requested by the Railroad, the Contractor shall deliver to the Railroad a copy olthe Contractor's safety plan fOI
. conducting the work (the "Safety Plan'), Railroad shall have the right but not theobligation, to require the Contractor to correct any deficiencies in the Safety Plan, The terms of
this agreement shail control if there are any inconsistencies between this agreement and the Safety Plan, Section 8. INDEMNITY. A. To the extent not prohibited by applicable statute,
the Contractor shall indemnify, defend and hold harmless the Railroad, its affiliates, and its and thetr officers, agents and employees ('IndemnJiied Parties") from and against any and
all loss, damage, injury, liability, claim, demand, cost or expense (including, withcut Iimitaiion, attorney's, consultant's and expert's fees, and court costs), fine or penalty (collectively,
'Loss") Incurred by any person (including, without limitation, any Indemnified Party, the Contractor, or any employee 01 the Contractor or of any lndemnJiied Party) arising out of or
in any manner connected with (i) any work performed by the Contractor, or (ii) any act or omission of the Contractor, its offioers, agents or employees, or (ill) any breach of this agreement
by the Contractor. B. The right to indemnity under this Section 8 shall accrue upcn occurrence of the event giving rise to the Loss, and shall apply regardless 01 any negligence or strict
liability of any Indernntfied Party, except where the Loss is caused by the sale active negligence of an Indemnified Party as established by the final judgment 01 a caur! of competent
jurisdiction. The sole acUve negligence of any Indemnified Party shall not bar the recovery 01 any ather Indernntfied Party. C. The Contractor expressly and specifically assumes pctential
liability under this Section 8 for claims or actions brought by the Contractor's own employees. The Contractor waives any immunity it may have under worker's compensation or Industrial
insurance acts to Indemnify the Railroad under this Section 8. Contractor acknowledges that this waiver wt:!S mutually negotiated by the parties hereto. D. No court or jury findings
in any employee's suit pursuant to any worker's compensation act or the Federal Employers' Uability Act against a party to this agreement may be relied upon or usedbythe Contractor in
any attempt to assert liability against the Railroad. E. The provisions of this Section 8 shall survive the completion of anywork performed by the Contractor or the termination or expiration
of this agreement. In no event shall this Section 8 or any other provision of this agreement be deemed to limit any liability the Contractor may have to any Indernntfied Party by statute
or under common law. Section 9. RESTORATION Of PROPERTY. In the event the Railroad authorizes the Contractor 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 Contractor, then in that event the Contractor shall, as soen as pcssible and at Contractor's sale
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 The Contractor
shall remove all of Contractor's tools, equipment, rubbish and other materials from Railroad's property promptly upon completion of the work, restoring Railroad's properly to the same
state and conditionas when Contractor entered thereon, Section 10. WAIVER OF DEFAULT. Waiver by the RaUroad of any breach or de/auit of any condition. covenant or agreement herein contained
to be kept. observed and performed by the Contractor shail in no way impair the righi of the Railroad to avall itself of any remedy for any subsequent breach or default. Section 11.
MODIFICATION -ENTIRE AGREEMENT. No modification of this agreement shall be effective unless made inwriting and signed by theContractor and the Railroad This agreement and the exhibits
attached hereto and made a port hereof constitute the enttre understanding between the Contractor and the Railroad and cancel and supersede any prior negotiations, understandings or
agreements, whether written or oral, with respect to the work to be performed by the Contractor. Section 12. ASSIGNMENT -SUBCCNTRACTING. The Contractor shall not assign or subcontract
this agreement, or any interest therein. without the written consent of the Railroad The Contractor shall be respensible for the acts and omissions of all subcontractors, and shall require
all subcontractors to maintain the insurance coverage required to be maintained bythe Contractor as provided in this agreement, and to Indemnify the Contractor and the RaUroad to the
same extent as the Railroad is IndemnJiied by the Contractor under this agreement. Page 3 ExhibitB 
Contraclor's RIght of Entry ExC 0113010I Form ApprO'lElCi -AVP Law ( '. EXHIBITC TO CONTIlACfOR'S RIGHT OF ENTRY AGREEMENT Union Pacific Railroad Ccmpany Insurance Provisions For Contractor's
Right of Entry Agreement Ccntractor shall, at ilssole cost and expense, procure and maintain during lhe life of this Agreement the following insurance coverage: A. Commercial General
Liability insurance. This insurance shall contain broad form contractualliabillty with a single limit of at least $5,000,000 each occurrence or claim and an aggregate limit of at least
$10,000,000. Ccverage must be purchased on a post 1998 ISO or equivalent form, including but no! limited to coverO{Je for the following: • Bodily injury including death and personal
injury • Property damage • fue legalliabillty (Nolless than the replacement value of the porlion of the premises occupied) • Products and completed operations The policy shall also contain
the following endorsemenls which shall be indicated on the certlflcate of insurance: • 'For For purposes of this insurance, Union Paclflc Railroad payments related to the Federal Employers
Liability Act or a Union Pacific Wage Continuation Program or similar programs are deemed not to be either payments made or obligations assumed under any Workers Ccmpensation, disability
benefits, or unemployment compensation law or similar law.' • The exclusions for railroads (except wbere the job site is more than fifty leet (50') from any railroad including but not
limited 10 tracks, bridges, Irestles, roadbeds, terminals, underpasses or crossings), and explOsion, collapse and underground hazard shall be removed. • CoverO{Je for Contractor's (and
Railroad's) employees shall not be excluded • Waiver of subrogation B, Business Automobile Coverage insurance. This insurance shall contain a combined single limit of at least $5,000,000
per occurrence or claim, including but not limited to ooverage for the following: Bodily injury and property damage Any and all motor vehicles including owned, hired and non-owned The
policy shall also contain the following endorsements which shall be indicated on the cerlificate of insurance: • 'For purposes of this insurance, Union Paclflc Railroad payments related
to the Federal Employers Liability Act or a Unton Pacific Wage Continuation Program or similar programs are deemed not to be either poyments made or obligations assumed under any Workers
Compensatfon, disability benefits, or unemployment compensation law or similar law.' • The exclusions lor railroads (except where the job site is more than fifty feet (50') from any
railroad including but not limited to tracks, bridges, trestles, roadbeds, terminals, underpasses or crossings), and explosion, collapse and underground hazard shall be removed. • Motor
Carrier Act Endorsement-Hazardous materials clean up WCS-90) if required by law. C. Workers Compensation and Employers Liability insurance including but not limited to: • Ccntractor's
statutory liability under the workers' compeneation 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 Workers Compensation insurance will not cover the liability of Contraclor in states that require participation in state workers' compensation
fund, Contractor shall oomply with the laws 01 such states. If Contractor is self-insured, evidence H:\DATA\F«vorlIes\PubIlc Road CroG,1ng Agreements\1976-S4 Pagelof2 Exhibit C CIty
of Addison. 'IX. Arapahoe Rd.doc: 
L Contractors Right 01 Entry Ex<:: 07130101 Form Approved -AVP Law r'. of state approval must be provided along with evidence of excess workers compensation coverage, Coverage shall
include liability arising out of the U, S. Longshoremen's and Harbor Workers' Act, the lones Act, and the Outer Continental Shell Land Act, if applicable, The policy shall also contaln
the following endorsement which shall be Indicated on the certificate of Insurance: • Alternate Employer Endorsement D, Umbrella or Excess Policies In the event Contractor utili2es Umbrella
Or excess policies, these poliCies shall "follow form" and afford no less coverage than the primary pclicy. E, Rallrood Protective Liability Insuronce naming only the Roilroad as the
Insured with a combined single limit of $2,000,000 per occurrence with a $6,000,000 aggregate. The policy shall be brood form coverage for "Physical Damage 10 Property" (ISO Form CG
00 35 0798 or equivalent), A binder stating the pclicy is In place must be submitted to the Railroad Railroad until the original policy is forwarded to the Rallroad, Other Requirements
F, Punittve damage exclusion must be deleted, which deletion shall be indicated on the certificate of insurance. G, Contractor agrees to waive its right of recovery, and its insurers,
through policy endorsement, agree to waive their right of subrogation agalnst Railroad, Contractor further waives its right ofrecovery, and its insurers also waive their right of subrogation
agalnst Railroad for loss of its owned or leased property or property under its care, custody and control. Contractor's Insurance shall be primarywith respect to any Insurance carried
by RalIrood. All waivers of subrogation shall be Indicated on the certificate of insurance, H, All policy(ies) required above (excluding Workers Compensation) shall provide severability
of interests and shall name Railrood as an additional insured, Severability of interest and naming Railroad as additional insured shall be Indicated On the certificate of Insurance.
Prior to commencfng the Work, Contractor shall furnish to Railroad original certificate(s) of insurance evidencing the required coverage, endorsements, and amendments, The certificate(s)
shall contain a provision that obligates the insurance company(les) issuing such policy(ies) to notify Roilroad in writing of any cancellation or material alteration. Upon request from
Railroad, a certified duplicate original of any required policy shall be fwnished. 1. Any insurance policy shall be written by a reputable insurance company acceptable to Rallroad or
with a current Best's Insurance Guide Rating of A-and Class VII or better, and authorized to do business in the state(s) in which the service is to be provided. K. Contractor WARRANTS
that this Agreement has been thoroughly reviewed by Contractor's insurance agent(s)!broker(s), who have been instructed by Contractor to procure the Insurance coverage required by this
Agreement and acknowiedges that Contractor's insurance coverage will be primary, L. The fact that Insurance is is obtained by Contractor or Railroad on behalf of Contractor shall not
be deemed to release or diminish the liability of Contractor, including, without limitation, liabilityunder the indemnity provisions of this Agreement Damages recoverable by Railroad
shall not be limJted bythe amount of the required Insurance 􀁣􀁯􀁶􀁥􀁾􀁡􀁧􀁥􀀮􀀠􀁈􀀺􀁜􀁄􀁁􀁔􀁁􀁜􀁆􀁡􀁶􀁯􀁲􀁬􀀡􀁾􀁨􀀽Rood Crossing Agroemetj!.g\1976-54 Page20!2 ExhlbltC City 01 Addison.
'l'X •hopohoe Rddoc 
􀁃􀁯􀁮􀁴􀁲􀁡􀁣􀁴􀁯􀁾􀁳􀀠Right o! Entry Ex!) 07130101 Form Approved -AVP Law \. exHIBITD TO CONTRACTOR'S RIGHT OF ENTRYAGREEMENT MINIMUM SAFETY REQUlREMENTS The term "employees" as used
herein reler to all employees 01 the Contractor as well as all employees of any subocnlractor or agent of the Contractor. I. Clothing A All employees of the Contractor will be suitably
dressed to perform their duties solely and In a manner that will not interfere with their vision, hearing, or free use of their hands or feet. Specifically, the Contractor's employees
must wear: (0 Waist -length shirts with sleeves. (ii) Trousers thai cover the entire leg. Hflare-legged trousers are worn, the trouser bottoms must be tied to prevent caiching. (ill)
Footwear thai covers !heir ankles and has a defined heel. Employees working on bridges are required 10 wear solety-toed lootwear that conforms to!heAmerican National Standards institute
(ANSD and FRA footwear requirements. B. Employees shall not weor boots (other than work boots). sandals, canvas-type shoes, or other shoes that have thin soles or heels that are higher
than normal. C. Employees must not wear loose or ragged clothing, neckties, linger rings. or other loose jewelry while operating or working on machinery. n. Personal Protective Equipment
The Contractor shall require its employees to wear personal protective equipment as specified by Railroad rules, regulations, or recommended or requested by the Railroad Representative.
(i) Hard hat that meets the American National Standard (ANSD Z89.l -latest revision. Hard hats should be olfixed with the contractor's or suboontractor's company logo or name. (iil Eye
protection that meets American National Standard (ANSI) for occupational and educational eye and lace protection, Z87.1 -latest revision. Additional eye protection musi be provided to
meet specific job situations such as welding, grinding, etc. (iii) Hearing protection, which olfords enough attenuation to give protection from noise levels that will be occurring on
the job site. Hearing protection. in the form of plugs or muffs, must be worn when employees are within: • 100 feet of a locomotive or roadwoy/work equipment • 151eel of power operated
tools • 150 feet of jet blowers or pile drivers • 150 feet of retarders in use (when within 10 feet, employees must wear dual ear protection -plugs and muffs) • (iv) Other types 01 personal
protective equipment such as respirators, lall protection equipment. and face shields, must be worn as recommended or requested by the Railroad Representative. m. On Track Solety The
Contractor is responsible for compliance with the Federal RaIlroad Administrcrtion's Roadway Worker Protection regulations -49CFRZ14, Subpart C and Railroads On-Track Solely rules, Under
49CFR214, Subpart C, rcrtlroad contractors are responsible for the tratning of their employees on such reguloflons. In addition to the instructions contatned in Roadway Worker Protection
regulotions, all employees must: K-IDAtA'Fovorlles\Pl.lb11c Road Croosing Agroomen!s\I916-54 Pall" ! 0[2 ExhlbitD CUy of.AddIson, 'IX􀁾􀀠Arapc:Woe Rddoc 
Contractor's Rlght 01 Enby Ex/) 07J3(J/Ol FonnApproved.AVPLaw (.\,.. 0) Maintain a distance of twenty·five (25) foot to any track unless the Railroad Representative is present to authorize
movements. Oi) Wear an orange, reflectorized workwear approved by the Railroad Representative. (ill) Participate in a job briefing that will specify the type of On.Track Safety for the
type of work being performed. Contractors must take special note of limits 01 track authority, which tracks may or may not be fouled, and clearing the track. The Contractors will also
receive special instructions relating to the work zone around machines and minimum distances between machines while working or traveling. IV. Equipment A. It is the responsibility of
the Contractor to ensure that al! equipment is in a safe conditlon to operate. If, in the opinion of the Railroad Representative, any of the Contractor's equipment is unsafe for use,
the Contractor shall remove such equlpment from the Railroad's property. In additlon, the Contractor must ensure that the operators of al! equipment are properly trained and competent
in the safe operation of the equipment In addition, operators must be: • Fanriliar and comply with Railroad's rules on lockoutltagout of equipment. • Trained in and comply with the applicable
operating rules ifoperating any hy·rail equlpment on·track. • Trained in and comply with the applicable atr broke rules ifoperating cmy equlpment that moves rail cars or any other railbound
equipmenl. B. All self.propelled equlpment must be equipped with a first-aid kit, fire extinguisher, and audible back·up warning device. C. Unless otherwise authorized bY the Railroad
Representative, al! equipment must be parked a minimum of twenty· five (25) feet from cmy track. Before leaving any equipment unatlended, the operator must stop the engine and properly
secure the equlpment against movement. D. Cranes must be equlpped with three orange cones that will be used 10 mark the working area of the crane and the minimum clearances to overhead
powerlines. V. General Safety Requirements A. The Contractor shal! ensure that al! waste is properly disposed 01 in accordance with applicable federal and state regulations. B. The Contractor
shall ensure that al! employees participate in and comply with a job briefing conducted by the Railroad Representative, if applicable. During this briefing, the Railroad Representative
will specify sofe work procedures, (including On·Track Safety) and the potential hazards of the· job. If any employee has any questions or concerns about the work, the employee must
voice them during the job briefing. Additional job briefings will be conducted during the work as conditions, work procedures, or persormel change. C. All track work performed bY the
Contractor meets the minimum safety requirements established bY the Federal Railroad Administration's Track Sofety Standards 49CFR213. D. All employees comply with the lollowing safety
procedures when working around any railroad track: (i) Always be on the alert lor moving equlpment. Employees must always expect movement on any track, at any time, in either direction.
(ii) Do not step or walk on the top of the rail, frog, switches, guard rails, or other track components. (iii) In passing around the ends of standing cars, engines, roadway machines
or work equipment. leave at Iaast 20 feet between yourself and the end of the equipment. Do not go between pieces 01 equipment of the opening is less than one car lengih (50 feet). (iv)
Avoid walking or standing on a track unless so authorized bY the employee in charge. (v) Before stepping over or crossing tracks, look in both directions firs!. (vi) Do not sit on, lie
under, or cross between cars except as required in the performance 01 your duties and only when track and equipmenl have been protected against movement. E.' All employees must comply
with al! federal and state regulations concernlng workplace safety. 􀁈􀀺􀁜􀁄􀁁􀁔􀁁􀁬􀁦􀁭􀁯􀁲􀁬􀁴􀁾􀁒􀁯􀁑􀁤􀁃􀁲􀁯􀁳􀁳􀁦􀁮􀁧􀁁􀁧􀁭􀁥􀁭􀁥􀁮􀁴􀀮􀁳􀁜􀀱􀀹􀀷􀁓􀀮􀀵􀀴􀀠Pag<>2of2 ExhibllD Ctty
vI Addison. TXTX· Aropohoo Rddoc