|
DocuSign Envelope ID:5F4BF3D3-A21B-4CA8-B3B6-26F6A5CD290E
<br /> 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
<br /> 1 Gary K Anderson Plaza
<br /> Decatur, Illinois 62523
<br /> SUBJECT: Decatur, Macon County, Illinois
<br /> Milepost D-377.27, Lafayette Brooklyn Line, Midwest Division
<br /> Latitude 39.840079, Longitude -88.974021
<br /> Norfolk Southern Activity No. 1311708
<br /> Proposed abandonment and replacement of an existing water main, with a new 6-inch
<br /> ductile iron pipeline in a 12-inch steel casing pipe, wholly within the confines of the public
<br /> right of way of W Wood Street (AAR/DOT#479196X) (collectively, the "Facilities")
<br /> In response to Applicant's submittal dated April 11,2023, regarding the proposed construction of the subject
<br /> project, Norfolk Southern Railway Company ("Railway") does not object to the installation of the Facilities
<br /> as shown on the attached Drawing marked Exhibit "A", last revised June 09, 2023, provided Applicant
<br /> adheres to the following terms and conditions:
<br /> • The Facilities shall be installed, constructed, maintained, repaired, operated and removed by and at
<br /> the sole risk, cost and expense of the Applicant, (collectively, "Operate" or"Operations").
<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) Insurance Requirements. Without limiting in any manner the liability and obligations
<br /> assumed by Applicant under any other provision of this Agreement, and as additional protection to Railway,
<br /> Applicant shall comply with the following provisions:
<br /> (i) Subject to subsection (ii) below, upon execution of this Agreement,Applicant shall
<br /> pay Railway a risk financing fee of$1,900(the"Risk Financing Fee")to provide Railroad Protective
<br /> Liability Insurance or such supplemental insurance (which may be self-insurance) as Railway, in
<br /> its sole discretion, deems to be necessary or appropriate with respect to the initial construction
<br /> and installation of the Facilities.
<br /> (ii) Prior to commencement of each Operations project that requires access to the
<br /> Premises, unless Railway elects to make available and Applicant pays the then-current Risk
<br /> Financing Fee for a given Operations project, Applicant shall furnish Railway with an original
<br /> Railroad Protective Liability ("RPL") Insurance Policy naming Railway as the named insured and
<br /> having a limit of (1) not less than a combined single limit of $2,000,000 each occurrence and
<br /> $6,000,000 aggregate, or(2) if the value of a given operations project exceeds $350,000, not less
<br /> than a combined single limit of $5,000,000 per occurrence and $10,000,000 in the aggregate.
<br /> Each RPL policy shall conform to CG 00 35 04 13 or equivalent and include coverage for Terrorism
<br /> and the Physical Damage to Property Endorsement and shall name Norfolk Southern Corporation
<br /> and its affiliates and subsidiaries as the insured. Applicant shall ensure that the project location,
<br /> Applicant identification and work description appear on the declaration pages of a given RPL
<br /> policy. Applicant shall provide an electronic copy of each RPL policy (and not merely the binder)
<br /> to Railway at ns.permitting(a�railpros.com for review and approval prior to commencing any work
<br /> on the associated Operations project. Applicant may submit inquiries about RPL issues at
<br /> ns.permittinq(a-orailpros.com.
<br />
|