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Exhibit 1
<br /> NORFOLK SOUTHERN RAILWAY COMPANY
<br /> ACKNOWLEDGMENT FORM FOR WIRE AND/OR PIPE OCCUPATION
<br /> WITHIN THE LIMITS OF A PUBLIC RIGHT OF WAY
<br /> APPLICANT: City of Decatur, Illinois
<br /> # 1 Gary K Anderson Plaza
<br /> Decatur, Illinois 62523
<br /> SUBJECT: Decatur, Macon County, Illinois
<br /> Milepost DH-378.77, Mosser-Hannibal Line, Illinois Division
<br /> Latitude N 39.848278, Longitude W 89.005555
<br /> Norfolk Southern Activity No. 1275929
<br /> Proposed installation of an underground crossing of an 8-inch ductile iron water pipeline
<br /> in a 24-inch steel casing pipe wholly within the confines of Moffett Lane(AAR/DOT
<br /> #479255X)
<br /> In response to Applicant's submittal dated September 30, 2019, regarding the proposed construction of the
<br /> subject project, Norfolk Southern Railway Company ("Railway") does not object to the installation of the
<br /> Facilities as shown on the attached Drawings marked Exhibits A and B, received by Railway on August 26,
<br /> 2020, and Pipe Data Sheet, provided Applicant adheres to the following terms and conditions:
<br /> • The Facilities shall be installed, maintained, repaired and renewed by and at the sole risk, cost and
<br /> expense of the Applicant.
<br /> • The Facilities must conform with all Federal, State and local laws, rules and regulations and will not be
<br /> attached to any railroad structure or appurtenance and will not be located on any private property of
<br /> Railway.
<br /> • The design and construction of aerial Facilities shall comply with Railway's NSCE-4 Specification, latest
<br /> edition, and underground Facilities shall comply with Railway's NSCE-8 Specification, latest edition.
<br /> • Insurance
<br /> (a) Without limiting in any manner the liability and obligations assumed by Applicant under
<br /> any other provision of this Agreement, and as additional protection to Railway, Applicant shall, at its
<br /> expense, pay the Risk Financing Fee set forth in subparagraph (i) below and shall procure and
<br /> maintain with insurance companies satisfactory to Railway, the insurance policies described in
<br /> subparagraphs (ii)and (iii).
<br /> (i) Upon execution of this Agreement, Applicant shall pay Railway a risk financing
<br /> fee of $1,000 per installation (herein called the "Risk Financing Fee") to provide Railroad
<br /> Protective Liability Insurance or such supplemental insurance (which may be self-insurance) as
<br /> Railway, in its sole discretion, deems to be necessary or appropriate.
<br /> (ii) Prior to commencement of installation or maintenance of the Facilities or entry on
<br /> Railway's property, Applicant, and its contractor if it employs one, shall procure and maintain for
<br /> the course of said installation and maintenance, a general liability insurance policy naming
<br /> Railway as an additional insured, and containing products and completed operations and
<br /> contractual liability coverage, with a combined single limit of not less than $1,000,000 for each
<br /> occurrence.
<br /> (iii) Prior to commencement of any subsequent maintenance of the Facility during the
<br /> term of this Agreement, unless Railway elects to make available and Applicant pays the then
<br /> current risk financing fee for each affected installation, Applicant, or its contractor if it employs
<br /> one, shall furnish Railway with an original Railroad Protective Liability Insurance Policy naming
<br /> Railway as the named insured and having a limit of not less than a combined single limit of
<br /> $2,000,000 each occurrence and $6,000,000 aggregate. Such policy shall be written using
<br /> Insurance Services Offices Form Numbers CG 00 35 01 10 01.
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