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HomeMy Public PortalAbout064-2013 - Sanitary - Norfolk Southern - License Agreement forTHIS AGREEMENT, dated as of the day of VVL-z,, 20)3 is made and entered into by and between NORFOLK SOUTHERN RAILWAY COMPANY, a Virginia corporation, whose mailing address is Three Commercial Place, Norfolk, Virginia, 23510 (hereinafter called "Railway"); and RICHMOND SANITARY DISTRICT, a political subdivision of the State of Indiana, whose mailing address is 2380 Liberty Avenue, Richmond, Indiana 47374 (hereinafter called "Licensee"). WITNESSETH WHEREAS, Licensee proposes to install, maintain, operate and remove a 54-inch CCFRPM wastewater pipe in an 84-inch (maximum diameter) steel liner plate tunnel (hereinafter called the "Facilities") located in, under and across the right-of-way or property and any tracks of Railway, at Milepost CF-74.80, New River -Muncie Line, at or near Richmond, Wayne City, County, Indiana, the same to be located in accordance with and limited to the installation shown on print of drawings marked Figure 1, 1A, 2, 3 and Pipe Data Sheet, dated January 9, 2013 and Special Conditions for Tunneling and Tunnel Liner Systems, attached hereto and made a part hereof; and WHEREAS, Licensee desires a license to use such right-of-way or property of Railway for the installation, construction, maintenance, operation and removal of the Facilities. NOW, THEREFORE, for and in consideration of the premises, the payment of a non- refundable, non -assignable one-time fee in the amount of THIRTY-SIX THOUSAND AND 00/100 DOLLARS ($36,000.00) (hereinafter called the "Fee") to cover the Risk Financing Fee (as hereinafter defined) in the amount of $1,000, and a one-time occupancy fee in the amount of $35,000, and the covenants hereinafter set forth, Railway hereby permits and grants to Licensee, insofar as Railway has the right to do so, without warranty"and subject to all encumbrances, covenants and easements to which Railway's title may be subject, the right to use and occupy so much of Railway's right-of-way or property as may be necessary for the installation, construction, maintenance, operation and removal of the Facilities (said right -of --way or property of Railway being hereinafter collectively called the "Premises"), upon the following terms and conditions: 1. Use and Condition of the Premises. The Premises shall be used by Licensee only for the installation, construction, maintenance, operation and removal of the Facilities and for no other purpose without the prior written consent of Railway, which consent may be withheld by Railway in its sole discretion. Licensee accepts the Premises in their current "as is" condition, as suited for the installation and operation of the Facilities, and without the benefit of any improvements to be constructed by Railway. 2. InstaIlation of the Facilities,• Railway Support. Licensee shall, at its expense, install, construct, maintain and operate the Facilities on a lien -free basis and in such a manner as Contract No. 64-2013 will not interfere with the operations of Railway, or endanger persons or property of Railway. Such installation, construction, maintenance and operation of the Facilities shall be in accordance with (a) the plans and specifications (if any) shown on the prints attached hereto and any other specifications prescribed by Railway, (b) applicable laws, regulations, ordinances and other requirements of federal, state and local governmental authorities, and (c) applicable specifications adopted by the American Railway Engineering and Maintenance -of -Way Association, when not in conflict with the applicable plans, specifications, laws, regulations, ordinances or requirements mentioned in (a) and (b), above. All underground pipes must have secondary pipe containment if the material flowing through the pipeline poses a safety or environmental hazard. Any change to the character, capacity or use of the Facilities shall require execution of a new agreement. 3. Railway Support. Railway shall, at Railway's option, furnish, at the sole expense of Licensee, labor and materials necessary, in Railway's sole judgment, to support its tracks and to protect its traffic (including, without limitation, flagging) during the installation, maintenance, repair, renewal or removal of the Facilities. 4. Electronic Interference. Licensee will provide Railway with no less than sixty (60) days advance written notice prior to the installation and operation of cathodic protection in order that tests may be conducted on Railway's signal, communications and other electronic systems (hereinafter collectively called the "Electronic Systems") for possible interference. If the Facilities cause degradation of the Electronic Systems, Licensee, at its expense, will either relocate the cathodic protection or modify the Facilities to the satisfaction of Railway so as to eliminate such degradation. Such modifications may include, without limiting the generality of the foregoing, proving additional shielding, reactance or other corrective measures deemed necessary by Railway. The provisions of this paragraph 4 shall apply to the Electronic Systems existing as of the date of this Agreement and to any electronic systems that Railway may install in the future. S. Corrective Measures. If Licensee fails to take any corrective measures requested by Railway in a timely manner, or if an emergency situation is presented which, in Railway's judgment, requires immediate repairs to the Facilities, Railway, at Licensee's expense, may undertake such corrective measures or repairs as it deems necessary or desirable. 6. Railway Changes. If Railway shall make any changes, alterations or additions to the line, grade, tracks, structures, roadbed, installations, right-of-way or works of Railway, or to the character, height or alignment of the Electronic Systems, at or near the Facilities, Licensee shall, upon thirty (30) days prior written notice from Railway and at its sole expense, make such changes in the location and character of the Facilities as, in the opinion of the chief engineering officer of Railway, shall be necessary or appropriate to accommodate any construction, improvements, alterations, changes or additions of Railway. 7. Assumption of Risk. Unless caused solely by the negligence of Railway or caused solely by the willful misconduct of Railway, Licensee hereby assumes all risk of damage to the Facilities and Licensee's other property relating to its use and occupation of the Premises or business carried on the Premises and any defects to the Premises; and Licensee hereby indemnifies Railway, its officers, directors, agents and employees from and against any liability for such damage. 8. Entry Upon Premises. Prior to commencement of any work to be performed on or about the Premises, Licensee shall notify the appropriate Division Engineer for the scheduling of protection and inspection. Within seventy-two (72) hours after the Division Engineer's actual receipt of such notification, the Division Engineer shall review the necessity and availability of flagmen for the proposed work and advise Licensee of such matters and the estimated cost therefor. No work shall be permitted on or about the Premises without the presence of Railway's flagman or the Division Engineer's waiver of the requirement for flag protection. Entry on or about the Premises or any other Railway right-of-way without the Division Engineer's prior approval shall be deemed trespassing. Licensee agrees to pay Railway, within thirty (30) days after delivery of an invoice therefor, for any protection and inspection costs incurred by Railway, in Railway's sole judgment, during any such entry. 9. Liens:, Taxes. Licensee will not permit any mechanic's liens or other liens to be placed upon the Premises, and nothing in this Agreement shall be construed as constituting the consent or request of Railway, express or implied, to any person for the performance of any labor or the furnishing of any materials to the Premises, nor as giving Licensee any right, power or authority to contract for or permit the rendering of any services or the furnishing of any materials that could give rise to any mechanic's liens or other liens against the Premises. In addition, Licensee shall be liable for all taxes levied or assessed against the Facilities and any other equipment or other property placed by Licensee within the Premises. In the event that any such lien shall attach to the Premises or Licensee shall fail to pay such taxes, then, in addition to any other right or remedy available to Railway, Railway may, but shall not be obligated to, discharge the same. Any amount paid by Railway for any of the aforesaid purposes, together with related court costs, attorneys' fees, fines and penalties, shall be paid by Licensee to Railway within ten (10) days after Railway's demand therefor. 10. Indemnification. Licensee hereby agrees to indemnify and save harmless Railway, its officers, directors, agents and employees, from and against any and all liabilities, claims, losses, damages, expenses (including attorneys' fees) or costs for personal injuries (including death) and property damage to whomsoever or whatsoever occurring (hereinafter collectively called "Losses") that arise in any manner from (a) the installation, construction, maintenance, operation, presence or removal of, or the failure to properly install, construct, maintain, operate or remove, the Facilities, or (b) any act, omission or neglect of Licensee, its agents, servants, employees or contractors in connection therewith, unless caused solely by the negligence of Railway or caused solely by the willful misconduct of Railway. 11. Insurance. (a) Without limiting in any manner the liability and obligations assumed by Licensee under any other provision of this Agreement, and as additional protection to Railway, Licensee shall, at its expense, pay the Risk Financing Fee set forth in subparagraph (i) below and shall procure and maintain with insurance companies satisfactory to Railway, the insurance policies described in subparagraphs (ii) and (iii). (i) Upon execution of this Agreement, Licensee shall pay Railway a risk financing fee of $1,000.00 per installation (herein called the "Risk Financing Fee") to provide Railroad Protective Liability Insurance or such supplemental insurance (which may be self-insurance) as Railway, in its sole discretion, deems to be necessary or appropriate. (ii) Prior to commencement of installation or maintenance of the Facilities or entry on Railway's property, Licensee, and its contractor if it employs one, shall procure and maintain for the course of said installation and maintenance, a general liability insurance policy naming Railway as an additional insured, and containing products and completed operations and contractual liability coverage, with a combined single limit of not less than $1,000,000 for each occurrence. (iii) Prior to commencement of any subsequent maintenance of the Facility during the term of this Agreement, unless Railway elects to make available and Licensee pays the then current risk financing fee for each affected installation, Licensee, or its contractor if it employs one, shall furnish Railway with an original Railroad Protective Liability Insurance Policy naming Railway as the named insured and having a limit of not less than a combined single limit of $2,000,000 each occurrence and $6,000,000 aggregate. Such policy shall be written using Insurance Services Offices Form Numbers CG 00 35 01 10 01. (b) All insurance required under preceding subsection (a) shall be underwritten by insurers and be of such form and content as may be acceptable to Railway. Prior to commencement of installation or maintenance of the Facilities -or any entry on Railway's property, Licensee, or its contractor if it employs one, shall: furnish to Railway's Risk Manager, Three Commercial Place, Norfolk, Virginia 23510-2191 (or such other representative and/or address as subsequently given by Railway to Licensee in writing), for approval, the original policy described in subsection (a)(iii) and a certificate of insurance evidencing the existence of a policy with the coverage described in subsection (a)(ii). 12. Environmental Matters. Licensee assumes all responsibility for any environmental obligations imposed under applicable laws, regulations, ordinances or other requirements of federal, state and local governmental authorities relating to (a) the installation, construction, maintenance, operation or removal of the Facilities, including notification and reporting of any releases, and (b) any contamination of any property, water, air or groundwater arising or resulting, in whole or in part, from Licensee's operation or use of the Premises pursuant to this Agreement. In addition, Licensee shall obtain any necessary permits to install, construct, maintain, operate or remove the Facilities. Licensee agrees to indemnify and hold harmless Railway from and against any and all fines, penalties, demands or other Losses (including attorneys' fees) incurred by Railway or claimed by any person, company or governmental entity relating to (a) any contamination of any property, water, air or groundwater due to the use or presence of the Facilities on the Premises, (b) Licensee's violation of any laws, regulations or other requirements of federal, state or local governmental authorities in connection with the use or presence of the Facilities on the Premises or (c) any violation of Licensee's n obligations imposed under this paragraph. Without limitation, this indemnity provision shall extend to any cleanup and investigative costs relating to any contamination of the Premises arising or resulting from, in whole or in part, Licensee's use of the Facilities or any other activities by or on behalf of Licensee occurring on or about the Premises. Licensee further agrees not to dispose of any trash, debris or wastes, including hazardous waste, on the Premises and will not conduct any activities on the Premises which would require a hazardous waste treatment, storage or disposal permit. 13. Assignments and Other Transfers. (a) Licensee shall not assign, transfer, sell, mortgage, encumber, sublease or otherwise convey (whether voluntarily, involuntarily or by operation of law) this Agreement or any interest therein, nor license, mortgage, encumber or otherwise grant to any other person or entity (whether voluntarily, involuntarily or by operation of law) any right or privilege in or to the Premises (or any interest therein), in whole or in part, without the prior written consent of Railway, which consent may be withheld by Railway in its sole discretion. Any such assignment or other transfer made without Railway's prior written consent shall be null and void and, at Railway's option, shall constitute an immediate default of this Agreement. Notwithstanding the foregoing, upon prior written notice to Railway, Licensee may assign this Agreement to a parent, a wholly -owned subsidiary of Licensee or a wholly -owned subsidiary of Licensee's parent without Railway's consent; provided, however, that no such assignment shall relieve Licensee of its obligations under this Agreement. (b) Railway shall have the right to transfer and assign, in whole or in part, all its rights and obligations hereunder and in or to the Premises. From and after -the effective date of any such assignment or transfer, Railway shall be released from any further obligations hereunder; and 'Licensee shall look solely to such successor -in -interest of Railway for the performance of the obligations of "Railway" hereunder. 14. Meaning of "Railway". The word "Railway" as used herein shall include any other company whose property at the aforesaid location may be leased or operated by Railway. Said term also shall include Railway's officers, directors, agents and employees, and any parent company, subsidiary or affiliate of Railway and their respective officers, directors, agents and employees. 15. Default; Remedies. (a) The following events shall be deemed to be events of default by Licensee under this Agreement: (i) Licensee shall fail to pay the Fee or any other sum of money due hereunder and such failure shall continue for a period of ten (10) days after the due date thereof; (ii) Licensee shall fail to comply with any provision of this Agreement not requiring the payment of money, all of which terms, provisions and covenants 5 shall be deemed material, and such failure shall continue for a period of thirty (30) days after written notice of such default is delivered to Licensee; (iii) Licensee shall become insolvent or unable to pay its debts as they become due, or Licensee notifies Railway that it anticipates either condition; (iv) Licensee takes any action to, or notifies Railway that Licensee intends to file a petition under any section or chapter of the United States Bankruptcy Code, as amended from time to time, or under any similar law or statute of the United States or any State thereof, or a petition shall be filed against Licensee under any such statute; or (v) a receiver or trustee shall be appointed for Licensee's license interest hereunder or for all or a substantial part of the assets of Licensee, and such receiver or trustee is not dismissed within sixty (60) days of the appointment. (b) Upon the occurrence of any event or events of default by Licensee, whether enumerated in this paragraph 15 or not, Railway shall have the option to pursue any remedies available to it at law or in equity without any additional notices to Licensee. Railway's remedies shall include, but not be limited to, the following: (i) termination of this Agreement, in which event Licensee shall immediately surrender the Premises to Railway; (ii) entry into or upon the Premises to do whatever Licensee is obligated to do under the terms of this License, in which event Licensee shall reimburse Railway on demand for any expenses which Railway may incur in effecting compliance with Licensee's obligations under this License, but without rendering Railway liable for any damages resulting to Licensee or the Facilities from such action; and (iii) pursuit of all other remedies available to Railway at. law or in equity,including, without limitation, injunctive relief of all varieties. 16. Railway Termination Right. Notwithstanding anything to the contrary in this Agreement, Railway shall have the right to terminate this Agreement and the rights granted hereunder, after delivering to Licensee written notice of such termination no less than sixty (60) days prior to the effective date thereof, upon the occurrence of any one or more of the following events: (a) If Licensee shall discontinue the use or operations of the Facilities; or (b) If Railway shall be required by any governmental authority having jurisdiction over the Premises to remove, relocate, reconstruct or discontinue operation of its railroad on or about the Premises; or (c) If Railway, in the good faith judgment of its Superintendent, shall require a change in the location or elevation of its railroad on or about the location of the Facilities or the Premises that might effectively prohibit the use or operation of the Facilities; or (d) If Railway, in the good faith judgment of its Superintendent, determines that the maintenance or use of the Facilities unduly interferes with the operation and '1 maintenance of the facilities of Railway, or with the present or future use of such property by Railway, its lessees, affiliates, successors or assigns, for their respective purposes. 17. Condemnation. If the Premises or any portion thereof shall be taken or condemned in whole or in part for public purposes, or sold in lieu of condemnation, then this Agreement and the rights granted to Licensee hereunder shall, at the sole option of Railway, forthwith cease and terminate. All compensation awarded for any taking (or sale proceeds in lieu thereof) shall be the property of Railway, and Licensee shall have no claim thereto, the same being hereby expressly waived by Licensee. 18. Removal of Facilities, Survival. The Facilities are and shall remain the personal property of Licensee. Upon the expiration or termination of this Agreement, Licensee shall remove the Facilities from the Premises within thirty (30) days after the effective date thereof. In performing such removal, unless otherwise directed by Railway, Licensee shall restore the Premises to the same condition as existed prior to the installation or placement of Facilities, reasonable wear and tear excepted. In the event Licensee shall fail to so remove the Facilities or restore the Premises, the Facilities shall be deemed to have been abandoned by Licensee, and the same shall become the property of Railway for Railway to use, remove, destroy or otherwise dispose of at its discretion and without responsibility for accounting to Licensee therefor; provided, however, in the event Railway elects to remove the Facilities, Railway, in addition to any other legal remedy it may have, shall have the right to recover from Licensee all costs incurred in connection with such removal and the restoration of the Premises. Notwithstanding anything to the contrary contained in this Agreement, the expiration or termination of this Agreement, whether by lapse of time or otherwise, shall not relieve Licensee from Licensee's obligations accruing prior to the expiration or termination date, and such obligations shall survive any such expiration or other termination of this Agreement. 19. Entire Agreement. This Agreement contains the entire agreement of Railway and Licensee and supersedes any prior understanding or agreement between Railway and Licensee respecting the subject matter hereof; and no representations, warranties, inducements, promises or agreements, oral or otherwise, between the parties not embodied in this Agreement shall be of any force or effect. 20. Attorneys' Fees. If Railway should bring any action under this Agreement, or consult or place the Agreement or any amount payable by Licensee hereunder, with an attorney concerning or for the enforcement of any of Railway's rights hereunder, then Licensee agrees in each and any such case to pay to Railway all costs, including but not limited to court costs and attorneys' fees, incurred in connection therewith. 21. Severability. If any clause or provision of this Agreement is illegal, invalid or unenforceable under present or future laws effective during the term of this Agreement, then and in that event, it is the intention of the parties hereto that the remainder of this Agreement shall not be affected thereby; and it is also the intention of the parties to this Agreement that in lieu of each clause or provision of this Agreement that is illegal, invalid or unenforceable, there be added as a part of this Agreement a clause or provision as similar in terms to such illegal, invalid or unenforceable clause or provision as may be possible and be legal, valid and enforceable. 7 22. Modifications; Waiver; Successors and Assigns. This Agreement may not be altered, changed or amended, except by instrument in writing signed by both parties hereto. No provision of this Agreement shall be deemed to have been waived by Railway unless such waiver shall be in a writing signed by Railway and addressed to Licensee, nor shall any custom or practice that may evolve between the parties in the administration of the terms hereof be construed to waive or lessen the right of Railway to insist upon the performance by Licensee in strict accordance with the terms hereof. The terms and conditions contained in this Agreement shall apply to, inure to the benefit of, and be binding upon the parties hereto, and upon their respective successors in interest and legal representatives, except as otherwise herein expressly provided. If there shall be more than one Licensee, the obligations hereunder imposed upon Licensee shall be joint and several. 23. Notice. Any and all other notices, demands or requests by or from Railway to Licensee, or Licensee to Railway, shall be in writing and shall be sent by (a) postage paid, certified mail, return receipt requested, or (b) a reputable national overnight courier service with receipt therefor, or (c) personal delivery, and addressed in each case as follows: If to Railwa c/o Norfolk Southern Corporation 1200 Peachtree Street, NE - 12'' Floor Atlanta, Georgia 30309-3504 Attention: Director Real Estate If to Licensee: Richmond Sanitary District 2380 Liberty Avenue Richmond, In 47374 Attention: District Engineer Either party may, by notice in writing, direct that future notices or demands be sent to a different address. All notices hereunder shall be deemed given upon receipt (or, if rejected, upon rejection). 24. Miscellaneous. All exhibits, attachments, riders and addenda referred to in this License are incorporated into this Agreement and made a part hereof for all intents and purposes. Time is of the essence with regard to each provision of this Agreement. This Agreement shall be construed and interpreted in accordance with and governed by the laws of the State in which the Premises are located. Each covenant of Railway and Licensee under this Agreement is independent of each other covenant under this Agreement. No default in performance of any covenant by a party shall excuse the other party from the performance of any other covenant. The provisions of Paragraphs 7, 9, 10, 12 and 18 shall survive the expiration or earlier termination of this Agreement. 8 25. Limitations of Grant. Licensee acknowledges that the license granted hereunder is a quitclaim grant, made without covenants, representations or warranties with respect to Railway's (a) right to make the grant, (b) title in the Premises, or (c) right to use or make available to others the Premises for the purposes contemplated herein. Railway is the owner and/or holder of the Premises subject to the terms and limitations under which it is owned or held, including without limitation conditions, covenants, restrictions, easements (including any pre-existing fiber optic easements or licenses), encroachments, leases, licenses, permits, mortgages, indentures, reversionary interests, fee interests, zoning restrictions and other burdens and limitations, of record and not of record, and to rights of tenants and licensees in possession, and Licensee agrees that the rights licensed hereunder are subject and subordinate to each and all of the foregoing. Licensee accepts this grant knowing that others may claim that Railway has no right to make it, and Licensee agrees to release, hold harmless and indemnify (and, at Railway's election, defend, at Licensee's sole expense, with counsel approved by Railway) Railway, its affiliated companies, and its and their respective officers, directors, agents and employees, from and against any detriments to, or liabilities of, any type or nature arising from such claims, including punitive damages and any forfeitures declared or occurring as a result of this grant. 26. Limitations Upon Damages. Notwithstanding any other provision of this Agreement, Railway shall not be liable for breach of this Agreement or under this Agreement for any consequential, incidental, exemplary, punitive, special, business damages or lost profits, as well as any claims for death, personal injury, and property loss and damage which occurs by reason of, or arises out of, or is incidental to the interruption in or usage of the Facilities placed upon or about the Premises by Licensee, including without limitation any damages under such claims that might be considered consequential, incidental, exemplary, punitive, special, business damages or loss profits. [Remainder of page intentionally left blank] 0 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate, each part being an original, as of the date first above written. Witness: As to Railway Witness: Xs to Licensee Activity Number: 1171354 JSM: December 3, 2012 File No. 562674v2 10 NORFOLK SOUTHERN RAILWAY COMPANY By: ---MJC6)z "I'V. W��p ' Real Estate Manager RICHMOND SANITARY DISTRICT By:.__,, Title: I S c APPROVE: � SARAH L. HUTTON, MAYOR Special Conditions Tunneling and Tunnel Liner Systems 1. No tunneling or related construction will be allowed within Railway's right-of-way or within the theoretical railroad embankment line, as defined in Section 4.3.1.F(6) of the NSCE-8 Specification latest edition, until Licensee has submitted tunneling and tunnel liner system plans, procedures and calculations to Railway for review and comment. 2. At a minimum, Licensee shall submit the following to Railway for review and comment: a. Steel tunnel liner lates: shop drawings and product data of proposed liner plates to comply with Section 4.3.5 of the NSCE-8 Specification latest edition, including design calculations for the anticipated loading conditions and ability to resist jacking stresses, and the basis for the selection of soil design values i. The design calculations shall be specific for the site — generic catalogue cuts will not be acceptable without the basis for the proposed design b. Tunnel shield: shop drawings of proposed tunnel shield to comply with Section 5.1.5 of the NSCE-8 latest edition, including design calculations for the anticipated loading conditions, and the basis for the selection of soil design values i. The design calculations shall be specific for the site — general statements to the effect that a proposed tunnel shield has been used before for railroad tunneling are not acceptable c. Tunnel procedure and workplan: detailed procedures including but not limited to: i. Site access and unloading and storage of equipment and materials on Railway ii. Tunneling equipment iii.- Methods and procedures for shieldaaunching, including details of soil treatment required to ensure stability of adjacent soils iv. Methods of excavating soil or rock v. Details of spoil disposal systems (muck) vi. Details of tunnel face breastboards in the event of stoppage of tunneling d. Groutinq Program: submit detailed procedure to comply with Section 5.2 of the NSCE-8 latest edition. e. Dewaterimg: i. Geotechnical information shall be submitted indicating the depth of groundwater ii. When water is known to be expected or encountered, the Licensee shall submit a track settlement analysis prepared by a registered professional soils engineer specializing in this work. Proof of experience and competency shall accompany the submission. The analysis shall include the anticipated track and ground settlement, and recommended measures for soil stabilization iii. Submit proposed pumps of sufficient capacity to hand the flow, including proposed locations and volume of the pump discharge f. Settlement survey and monitorin program: i. In addition to ground settlement monitoring, submit proposed track elevation monitoring program, including proposed locations of survey points, frequency of monitoring and frequency of monitoring after completion of the tunnel under tracks. g. Soil disposal: Licensee shall indicate proposed means and methods of soil and excavation material disposal, including the exact location(s) of disposal. h. Qualifications: i. Tunnel contractor -- firm's experience and qualifications ii. Tunnel contractor's on -site superintendent or foreman's experience and qualifications 9. qualified supervision shall be on site 100% of time tunneling is proceeding iii. Tunnel contractor's key equipment operator's experience and qualifications 3. The Railway's construction representative may request additional tunneling procedures as may be required by the specific circumstances of the site conditions and proposed tunnel plan. 4. All plans, procedures and calculations shall be prepared and sealed by a Registered Professional Engineer in the state in which the facility is located. The Engineer will be responsible for the accuracy for all controlling dimensions as well as the selection of soil design values which will accurately reflect the actual field conditions. 5. Plans, procedures and calculations shall be certified to be complete and satisfactory to Licensee prior to submitting to Railway. Four (4) copies of plans, procedures and calculations shall be submitted. A minimum of 30 days should be allowed for Railway's review of all submissions, includin4 resubmission of previously commented plans. procedures and calculations returned for revision. No tunneling will be allowed until the plans, procedures and calculations are reviewed and approved by Railway. All tunneling on or adjacent to Railway's right-of-way shall be reviewed by the Railway before tunneling begins. 6. Railway acceptance of the tunneling plans, procedures and calculations does not relieve the Licensee and/or designer and/or contractor of ultimate responsibility and liability for the tunneling plan. Revised 5-1-09 PIPE DATA SHEET CARRIER PIPE CASING PIPE CONTENTS TO BE HANDLED Wastewater Carrier Pipe NORMAL OPERATING PRESSURE N/A N/A NOMINAL SIZE OF PIPE „ 54 Diameter B4" Diameter OUTSIDE DIAMETER 66.5" (RCP) 64" Maximum 5 .1"(CCFRPM) 57.6"(GRP INSIDE DIAMETER 54" ID 79" Maximum WALLTHICKNESS 6.25" (RCP) 5-Gage(0.2092") 1 . 5" (CCFRPM) Z . Bo" (GRP Corrugated WEIGHTPERFOOT 1208 lb./ft. (RCP) N/A 210 lb./ft. (CCPRP ) 120.4 lb./ft. (GRP) MATERIAL RCP, CCFRPM, or GRP Corrugated Steel Liner Plate PROCESS OF MANUFACTURE Centrifugal Cast Lng, Dry Cast or Wet Cast Centrifugally Cat Continuous Advancing Mandrel SPECIFICATION ASTMD3262 , ASTMC76 ASTM A1011 GRADE OR CLASS Stiffness Class 36, mall C N/A TEST PRESSURE N/A N/A TYPE OF JOINT Push -on Bolted with ASTM A309 Bolts and Nuts TYPE OF COATING None None DETAILS OF CATHODIC PROTECTION None None DETAILS OF SEALS OR PROTECTION AT N/A N/A - END OF CASING Grout Sealed METHOD OF INSTALLATION Trenchless Trenchless Tunnelin Push Through Casing CHARACTER OF SUBSURFACE MATERIAL Rock Rock APPROXIMATE GROUND WATER LEVEL None Anticipated None Anticipated SOURCE OF INFORMATION ON SUBSURFACE CONDITIONS Geotechnical Report Geotechnical Report aEeoM a i9-- 2 I �q lo OFOL SOUTHERN 1 0 SCALE: "=30' 0 30' r` EXISTING RAILROAD EAST ABUTMENT,' t -�, RPp R91�0� N�R�p�k SO0Ty��� ASPHALT BIKE PATH n� BLASTING NO410RMITTED MEIN 54" INTERCEPTOR {INSTALLED IN W TUNNELL N LINER PLATE 125' EACH SIDE OF CENTERLINE OF R.R. RIGHT-OF-WAY (TOTAL OF 250') MOTES: 1. THE LINERPLATE MUST RUN THE ENTIRE LENGTH OF THE THEORETICAL EMBANKMENT, AS DEFINED IN NS SPECS. THIS WILL BE BEYOND THE NS RIGHT OF WAY. 2. CONTRACTOR SHALL FOLLOW ALL REQUIREMENTS FOR NORFOLK SOUTHERN'S NSCE-8 SPECIFICATIONS. 3. PIPE LINE AND CROSSING TO BE INSTALLED AND MAINTAINED IN ACCORDANCE WITH LAST APPROVED AMERICAN RAILWAY PLAN VIEW ENGINEERING AND MAINTENANCE SCALE: 1 "=30'-0" / OF WAY ASSOCIATION i i/ SPECIFICATIONS FOR PIPELINES .� CONVEYING FLAMMABLE AND NONFLAMMABLE SUBSTANCES. 4. BLASTING NOT PERMITTED. COMMONWEALTH EAST S�}E IN RCITY OEPCHMONOR REPDLACEMENT - PHASE III t0lPkm Em*SK�,00 ��P&a� FIGURE 1-NORFOLKSOUTHERN R.R:PERMIT ' k n' � IN nE5 ' , PLAN VIEW OF CROSSING 1/9/» 9/25/12 FIGURE '4Ap cil 00 ED G) EAST SIDE INTERCEPTOR REPLACEMENT - PHASE III m FIGURE 2 - NORFOLK SOUTHERN R.R. PERMIT Dr. 101 M.. Ct 0,& 91. 2W "M C.W�* F& SW i acoJ?v° CERTIFICATE OF LIABILITY INSURANCE sn12o13 DATE 2/13/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder iaiiau of such endorsement(s). PRODUCER LOCKTON COMPANIES, LLC-1 KANSAS CITY CA CA License #0554167 444 W. 47th Street, Suite 900 Kansas City 64112-1906 (816) 960-9000 - - C2TACT NAME: FAX A/C, No Ext :(A/C, No): E-MAIL ADDRESS: INSURE S AFFORDING COVERAGE NAIC # INSURER A : Old Republic Insurance Company 24147 INSURED LAYNE HEAVY CIVIL, INC. 26 2971 KRAFT DR. NASHVI LLE TN 37204 INSURER B INSURER C INSURER D : - INSURER E : INSURER F : rf1VCOAC_CQ T AVI1,1111 r=9PT1GIr_AT1= ullMar=a• 1'310Z0111 Rr-vlSI[lN NiIMRFR• XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES: DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR BUBR WND I POLICY NUMBER POLICY EFF MMIDD POLICY EXP MMIDDIYYYY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FX OCCUR CONTR ACTUAL Y N MWZY 59644 5/1/2012 - 5/1/2013 EACH��OCCURRENCE $ 000 000 PREMISETO ELATE ante 5 SOO OOO MED EXP (Any oneperson) S 10,000 PERSONAL & ADV INJURY S 2 000 000 MX X X.C.0 COVERAGE GENERAL AGGREGATE S S 000 000 GEN'L AGGREGATE LIM IT APPLIES PER: X POLICY JECOT LOG PRODUCTS-COMPIOPAGG s 5,000,000 S A AUTOMOBILE LIABILITY ANY AUTO ALLfOWNED SC SCHEDULED NON -OWNED HIRED AUTOS X AUTOS N N MWTB 21603 5/1/2012 5/1/2013 Ea accidenntsINGLE LIMIT S 5,000,000 X BODILY INJURY (Per Person) S X��X IX BODILY INJURY (Per accident S XXXXXXX PROPERTY DAMAGE Per accident Sx�� SXXXXXXX UMBRELLA LIAR EXCESS LIAR OCCUR CLAIMS -MADE NOT APPLICABLE EACH OCCURRENCE $ XXXXXXX AGGREGATE S XXXy'vxX DED I I RETENTION $ S A A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORfPARTNERlExECUTIVE ❑ OFFECERIMEMBER EKCLUDED? N (Mandatory in NH) Ifyes. desaihe under DESCRIPTION OFOPERATIONS below N!A"" N MWC 11748000 STOPGAP(ND,OH,WA,WY 5/1/2012 5/1/2012 5/1/2013 5/1/2013 WC STATU- OTH- X TORY LIMITS E.L. EACH ACCIDENT S 5,000,000 E.L DISEASE - EA EMPLOYEE s 5,000,000 E.L. DISEASE - POLICY LIMIT 5,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES /(Attach ACORD 101, Additional Remarks Schedule, If more space is required) RE: NORFOLK SOUTHERN ACTIVITY NO. 1171354 - RICHMOND, WAYNE COUNTY, INDIANA; NORFOLK SOUTHERN RAILWAY COMPANY IS INCLUDED AS AN ADDITIONAL INSURED AS RESPECTS GENERAL LIABILITY AS REQUIRED BY SIGNED, WRITTEN CONTRACT. - I CERTIFICATE HOLLER L;ANUhLLAIIVN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN - - - ACCORDANCE WITH THE POLICY PROVISIONS. - 12193910 AUTHORIZED REPRESENTATIVE NORFOLK SOUTHERN RAILWAY COMPANY DIRECTOR RISK MANAGEMENT 3 COMMERCIAL PLACE ABINGDON VA23510 ACORD 25 (2010105) O 9 8-2010 ACqWDfORPORATION. All rights reserved The ACORD name and [ago are registered marks of ACORD '