R2026-186 Resolution Authorizing the Execution of Agreement with the Norfolk Southern Railway Company for the Jasper Street Sewer Rehabilitation on Jasper Street, City Project 2022-01

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NORFOLK SOUTHERN RAILWAY COMPANY ACKNOWLEDGMENT FORM FOR WIRE AND/OR PIPE OCCUPATION WITHIN THE LIMITS OF A PUBLIC RIGHT OF WAY. APPLICANT: CITY OF DECATUR 1 Gary K Anderson Plz Decatur, Illinois 62523 SUBJECT: Decatur, Macon County, Illinois Milepost D-375.09, Peru-Decatur , Midwest Division Latitude 39.8478, Longitude -88.9405 Norfolk Southern Activity No. 1339414 Proposed CIPP Lining of an existing transverse 36" RCP sewer line wholly within the public right of way of N. Jasper Street (DOT #479184D) (collectively, the "Facilities") In response to Applicant's submittal dated July 10, 2026, regarding the proposed construction of the subject project, Norfolk Southern Railway Company ("Railway") does not object to the installation of the Facilities as shown on the attached Drawing marked Exhibit"A", dated August 03, 2026, provided Applicant adheres to the following terms and conditions: • The Facilities shall be installed, constructed, maintained, repaired, operated and removed by and at the sole risk, cost and expense of the Applicant, (collectively, "Operate" or"Operations"). • The Facilities must conform with all Federal, State and local laws, rules and regulations and will not be attached to any railroad structure or appurtenance and will not be located on any private property of Railway. • The design and construction of aerial Facilities shall comply with Railway's NSCE-4 Specification, latest edition, and underground Facilities shall comply with Railway's NSCE-8 Specification, latest edition. • Insurance (a) Insurance Requirements. Without limiting in any manner the liability and obligations assumed by Applicant under any other provision of this Agreement, and as additional protection to Railway, Applicant shall comply with the following provisions: (i) Subject to subsection (ii)below, upon execution of this Agreement, Applicant shall pay Railway a risk financing fee of$1,950(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 with respect to the initial construction and installation of the Facilities. (ii) Prior to commencement of each Operations project that requires access to the Premises, unless Railway elects to make available and Applicant pays the then-current Risk Financing Fee for a given Operations project, Applicant shall furnish Railway with an original Railroad Protective Liability ("RPL") Insurance Policy naming Railway as the named insured and having a limit of (1) not less than a combined single limit of $2,000,000 each occurrence and $6,000,000 aggregate, or(2) if the value of a given operations project exceeds$500,000, not less than a combined single limit of $5,000,000 per occurrence and $10.000,000 in the aggregate. Each RPL policy shall conform to CG 00 35 04 13 or equivalent and include coverage for Terrorism and the Physical Damage to Property Endorsement and shall name Norfolk Southern Corporation and its affiliates and subsidiaries as the insured. Applicant shall ensure that the project location, Applicant identification and work description appear on the declaration pages of a given RPL policy. Applicant shall provide an electronic copy of each RPL policy (and not merely the binder) to Railway at s.permittinq(cr�railpros.com for review and approval prior to commencing any work on the associated Operations project. Applicant may submit inquiries about RPL issues at ns.permittinqarailpros.com.