UNION PACIFIC RAILROAD - NEW PUBLIC HIGHWAY CROSSING AGREEMENT

Contractor's Right of Entry 07/30/01 UPRR Folder No.: 2017 Form Approved AVP law B. The Contractor shall coordinate all of its work with the following Railroad representative or his or her duly authorized representative (the "Railroad Representative Bill Ward Manager Track Maintenance Union Pacific Railroad Company 37847 Shinn Street Fremont, CA 94536 Phone: (209) 942 -5274 Fax: (209) 942 -5258 C. The Contractor, at its own expense, shall adequately police and supervise all work to be performed by the Contractor and shall ensure that such work is performed in a safe manner as set forth in Section 7 of Exhibit B. The responsibility of the Contractor for safe conduct and adequate policing and supervision of the Contractor's work shall not be lessened or otherwise affected by the Railroad's approval of plans and specifications involving the work, or by the Railroad's collaboration in performance of any work, or by the presence at the work site of the Railroad Representative, or by compliance by the Contractor with any requests or recommendations made by the Railroad Representative. ARTICLE 5 TERM; TERMINATION. A. The grant of right herein made to Contractor shall commence on the date of this agreement, and continue until unless sooner terminated as herein provided, or at such time as Contractor has (Expiration Date) completed its work on Railroad's property, whichever is earlier. Contractor agrees to notify the Railroad Representative in writing when it has completed its work on Railroad property. B. This agreement may be terminated by either party on ten (10) days written notice to the other party. ARTICLE 6 CERTIFICATE OF INSURANCE. A. Before commencing any work, Contractor will provide Railroad with the insurance binders, policies, certificates and/or endorsements set forth in Exhibit C of this agreement. B. All insurance correspondence, binders, policies, certificates and/or endorsements shall be directed to: Union Pacific Railroad Company 1400 Douglas Street MS1690 Omaha NE 68179 -1690 Attn.: Senior Manager Contracts Folder No.: 2017 -95 ARTICLE 7 DISMISSAL OF CONTRACTOR/SUBCONTRACTOR EMPLOYEE. At the request of Railroad, Contractor shall remove from Railroad property any employee of Contractor or any subcontractor who fails to conform to the instructions of the Railroad Representative in connection with the work on Railroad's property, and any right of Contractor shall be suspended until such removal has occurred. Contractor shall indemnify Railroad against any claims arising from the removal of any such employee from Railroad property. ARTICLE 8 ADMINISTRATIVE FEE. Contractor shall pay to Railroad FIVE HUNDRED DOLLARS ($500.00) as reimbursement for clerical, administrative and handling expenses in connection with the processing of this agreement. 2017 95 City of Pleasanton, CA Articles of Agreement revised August 2, 2004 Valley Avenue Page 2