UNION PACIFIC RAILROAD - NEW PUBLIC HIGHWAY CROSSING AGREEMENT

August 2, 2004 UPRR Folder No. 2017 -95 To the Contractor: Before Union Pacific Railroad can permit you to perform work on its property for the construction of the new Valley Avenue grade separation, it will be necessary to complete two originals of the enclosed Right of Entry Agreement as follows: e. Fill in the complete legal name of the contractor in the space provided on Page 1 of the Contractor's Right of Entry Agreement. If a corporation, give the state of incorporation. If a partnership, give the names of all partners. e. Fill in the date construction will begin and be completed in Article 5, Paragraph A. e. Fill in the name of the contractor in the space provided in the signature block at the end of the Contractor's Right of Entry Agreement. If the contractor is a corporation, the person signing on its behalf must be an elected corporate officer. e. Return all copies of the Contractor's Right of Entry Agreement together with your Certificate of Insurance as required in Exhibit B -1, in the attached, self addressed envelope. e. 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, I certify that 13- 6400825 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 C of the enclosed Contractor's Right of Entry, you are required to procure 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. If you decide that acquiring this coverage from the Railroad is of benefit to you, please contact Ms. Nancy Savage at (402) 271 -2215. If you have any questions concerning the agreement, please contact me. Have a safe day! Sincerely, PAUL 6. FARRELL Senior Manager Contracts Phone: 402 -544 -8620 e mail: pgfarrellAup.com