Agmt 2005 Union Pacific Railroad Company

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UNION PACIFIC RAILROAD COMPANY Real Estate Department 1400 Douglas Street, MS 1690 Omaha, NE 68179-1690 (402)544-8620 October 6, 2005 To the Contractor: Before Union Pacific Railroad Company can permit you to perform work on its property for the construction, maintenance and operation of the new Hudson Lane at -grade public road crossing, it will be necessary For you to sign and complete two originals of the enclosed Contractor's Right ofEnty Agreement as follows: Fill in the complete legal name of the contractor in the space provided on Page 1 of the Contractor's Permit. If a corporation, give the state of incorporation. If a partnership, give the names of all 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 signature block at the end of the Contractor's Permit. If the contractor is a corporation, the person signing on its behalf must be an elected corporate officer. 4. Execute and return all copies of the Contractor's Permit together with your Certificate of Insurance 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. If you require formal billing, you may consider this letter as a formal bill. In compliance with the Internal Revenue Services' new policy regarding their Form 1099, 1 certify that 94-6001323 is the Railroad Company's correct Federal Taxpayer Identification Number and that Union Pacific Railroad Company is doing business as a corporation. 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 of the fully executed agreement. Under Exhibit B -I of the enclosed Contractor's Right of Entry, you are required to procure certain insurance and insurance endorsements including but not limited to, Railroad Protective Liability Insurance (RPLI) for the duration of this project. As a service to you, Union Pacific is making this coverage available to you through Marsh USA. If you decide that acquiring the RPLI coverage from Marsh USA is of benefit to you, please contact Mike McGrade @ 900-729-7001; fax: 816-556-4362; or e-mail: michael.mcgrade@marsh.com. If you have any questions concerning this agreement, please contact me as noted below. Have a safe day! Exhibit D To Public Road At -Grade Crossing Agreement Paul G. Farrell Senior Manager Contracts Phone: (402) 544-8620 e-mail:pearrell@up.com 2 Exhibit D To Public Road At -Grade Crossing Agreement