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DocuSign Envelope ID:6DO21El7-6D9E-408B-8758-C4AA671332C5
<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 /> Public Works Department
<br /> 1 Gary K. Anderson Plaza
<br /> Decatur, Illinois 62523
<br /> SUBJECT: Decatur, Macon County, Illinois
<br /> Milepost DH-377.23, Midwest Division
<br /> Latitude 39.8473458761154, Longitude-88.9775345148675
<br /> Norfolk Southern Activity No. 1319308
<br /> Proposed installation of a transverse crossing of an underground 42-inch reinforced
<br /> concrete storm water pipeline, in a 60-inch steel casing pipe, under NS Bridge #120.25,
<br /> wholly within the confines of the public right of way of N Fairview Ave/ IL-48 (AAR/DOT#
<br /> 479254R) (collectively, the "Facilities")
<br /> In response to Applicant's submittal dated February 05, 2024, 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 Drawing marked Exhibit"A", dated April 15, 2025, 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.Perm ittinq(o)railpros.com.
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