18-26-003 SWP Summit GST to Hwy 67 Bid Set Specs Vol 4.pdf

PDF 44 MB Posted

Attached to
Southwest 96-inch Water Transmission Pipeline Project
Solicitation number
CIZ-DWU-26 003
Issued by
Dallas County, Texas

About this file

This is a technical specifications document and bid set for the Southwest 96-inch Water Transmission Pipeline Project, a municipal water infrastructure initiative by Dallas Water Utilities serving multiple cities across southern Dallas County including Dallas, Cedar Hill, Duncanville, Grand Prairie, Lancaster, DeSoto, and Hutchins. The project involves installation of approximately 14,300 linear feet of 96-inch steel water pipe, 570 linear feet of 78-inch steel water pipe, and 30 linear feet of 54-inch prestressed concrete cylinder water pipe using open cut and tunneling methods, along with cathodic protection systems, electrical infrastructure, instrumentation and controls for electrically actuated valves, and site and paving restoration. The project spans approximately 32 miles and is divided into multiple segments identified by project IDs 6732, 6731, 6730, 5278, and 7262. Plans, specifications, and bid proposal spreadsheets were to be available on the Bonfire platform on Friday, March 13, 2026, prior to 4:00 p.m. The project manager is Tracey Long, PE, and the contract number is 26-003, with design and engineering services provided by AECOM Technical Services, Inc.

The specifications document includes comprehensive technical requirements across multiple divisions covering construction sequencing, quality control, pipe laying procedures, trench safety, tunnel operations, electrical systems, cathodic protection, utility crossings, and commissioning procedures. Critical utility coordination agreements are required with multiple operators including BNSF Railway Company, ExxonMobil Pipeline Company, ONEOK/Magellan Pipeline Company, and Oncor Electric Delivery. The BNSF crossing agreement specifies a 96-inch carrier pipe within a 122-inch steel casing with a one-time license fee of $3,700 and includes detailed insurance requirements including $5,000,000 commercial general liability, $1,000,000 business automobile liability, workers' compensation coverage, and $5,000,000 railroad protective liability insurance. The document details subsurface utility engineering data, geotechnical reports, and multiple test hole locations with existing utility information. Construction is scheduled to commence January 4, 2027, with completion targeted for December 31, 2027, requiring coordination with BNSF's scheduling agent and prepayment for inspection and roadway worker-in-charge services at established fee structures.

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Text version

CITY OF DALLAS

DALLAS WATER UTILITIES

SOUTHWEST 96-INCH WATER

TRANSMISSION PIPELINE PROJECT

SUMMIT GST TO US HWY 67

PID 6732, 6731, 6730, 5278, 7262

MARCH 2026

PART T - TECHNICAL SPECIFICATIONS

Volume 4

Contract No. 26-003

AECOM Technical Services, Inc 13355 Noel Road, Suite 400 Dallas, TX 75240 TBPE Reg. No. F-3580

Summit GST to US HWY 67 Southwest 96-inch Water Transmission Pipeline Project Table of Contents Contract No. 26-003 3/4/2026

00 01 10 - Page 1 of 3

CITY OF DALLAS WATER UTILITIES

TABLE OF CONTENTS

SECTION 00 01 10

Volume 1:

Competitive Sealed Proposal

Volume 2: TECHNICAL SPECIFICATIONS Division 00:

Section 00 01 01 – Cover Section 00 01 07 – Seals Page Section 00 01 10 – Table of Contents Section 00 01 11 - Minimum Contractor Qualification Requirements Division 01:

Section 01 12 16 – Construction Sequence and Shutdown Limitations Section 01 32 00.01 – Record Drawings Section 01 33 00 – Submittals Section 01 36 00 – Pipe Laying Proveout Section 01 45 00 – Quality Control Requirements Section 01 79 00 – Contractor Safety Plan Division 02:

Section 02 20 10 – Pre and Post-Construction Inspections Division 03:

Section 03 34 10 – Lightweight Cellular Concrete Fill Division 13:

Section 13 47 12.13 – Corrosion Test Stations Section 13 47 13 – Cathodic Protection Section 13 47 13.12 – Continuity and Joint Bonding Division 26:

Section 26 00 00 – Electrical - General Provisions Section 26 05 19 – LV Wires and Cables Section 26 05 26 – Grounding and Bonding System Section 26 05 29 – Electrical Support Hardware Section 26 05 33 – Raceways, Boxes, Enclosures, and Fittings Section 26 05 43 – Underground System

Transmission Pipeline Project Table of Contents Contract No. 26-003 3/4/2026

00 01 10 - Page 2 of 3

Section 26 05 73 – Power System Study Section 26 22 13 – Distribution Dry-Type Transformers Section 26 24 16 – Panelboards Section 26 24 19 – LV Motor Control Centers Section 26 28 16 – LV Enclosed Circuit Breakers and Safety Switches Section 26 41 00 – Lightning Protection System Section 26 43 13 – LV AC Surge Protection Devices (SPDs) Section 26 50 00 – Lighting System Division 31:

Section 31 05 19.13 – Geotextiles Section 31 09 13 – Geotechnical Instrumentation and Monitoring Section 31 23 16 – Excavation and Backfill Section 31 23 19 – Control of Water During Construction Section 31 23 23 – Controlled Low Strength Material (CLSM) Section 31 23 34 – Spoil and Excavated Material Disposal Section 31 50 00 – Trench Safety Plan Section 31 72 00 – Tunnel Initial Support Section 31 73 00 – Tunnel and Shaft Grouting Section 31 74 00.01 – Hand Mining Section 31 74 00.02 – Tunnel Boring Machine Section 31 74 00.03 – Microtunneling Section 31 74 00.04 – Open Face Pipe Jacking Division 32:

Section 32 92 14 – Hydromulch Seeding Division 33:

Section 33 01 30.51– Bypass Pumping of Existing Sewer Systems Section 33 05 24.23 – Steel Pipe and Fittings Section 33 05 25 – Weld After Backfill Section 33 05 33 – Prestressed Concrete Cylinder Pipe Section 33 05 76 – Fiberglass Manholes Section 33 10 13 – Disinfection Water utility Distribution System Section 33 11 13 – Bar-Wrapped Concrete Cylinder Pipe Section 33 14 20 – Monolithic Insulating Joints Division 40:

Transmission Pipeline Project Table of Contents Contract No. 26-003 3/4/2026

00 01 10 - Page 3 of 3

Section 40 05 60 – Valve and Appurtenances Section 40 61 00 – Process Control Systems General Provisions Section 40 61 26 – Process Control Systems Training Section 40 61 93 – Input-Output List Section 40 61 96 – Control Loop Descriptions Section 40 68 60 – Application Services Section 40 80 00 – Commissioning of Process Control Systems Volume 3:

Appendices Appendix A – 2009 Geotechnical Report by Fugro Appendix B – 2025 Wintergreen Tunnel Geotechnical Data Report by Terracon Appendix C – 2025 Wintergreen Tunnel Geotechnical Baseline Report by AECOM Appendix D1 – 2025 Oncor Segment Geotechnical Recommendation Report by Terracon Appendix D2 – Sorcey Road GDR Volume 4:

Appendix E – SUE Level A Data Appendix F – BNSF Draft Agreement Appendix G – Oncor Executed Agreement and Easement Documents & Legal Description Appendix H – Utility Encroachment Guides

H1 ExxonMobile Agreement Requirements H2 ONEOK/Magellan Agreement Requirements

Appendix I - Design Sheet and Lay Schedule for the 96-in PCCP Pipe at Wintergreen and

US-67

Appendix J - Design Sheet and Lay Schedule for the 78-in PCCP Pipe at Sorcey Pump Station Volume 5:

Appendix K - Design Sheets and Lay Schedule for the 54-in/42-in PCCP Pipe at Summit

GST

Appendix L - Design Sheet for the 24-in and Design Sheets and Pipe Lay Schedule 16-in Bar Wrap Water Lines (Cedar Hill) Appendix M – Approved Legal Descriptions of DWU Acquired Parcels Appendix N – Design Sheet for the 30-in Bar Wrap Water Line (Cedar Hill and DWU)

Appendix E – SUE Level A Data

COTELCOTEL18"

18"

PLAN VIEW

Not to Scale

SURVEY INFORMATION

SECTION VIEW

UTILITY OWNER:

EXCAVATED: ISSUED:

TEST HOLE DATA FORM

TEST HOLE No:

CLIENT: AECOM

TRG PROJ. MGR.: E. WEBB

CP

CP

HOLE

TEST

NUMBER

POINT

ELEV. (Z)

GROUND

EXIST. DESCRIPTION

NOT TO SCALE

214.333.0922

Dallas, Texas 75229

1890 Crown Rd. Suite 1310

PUBLIC RELATIONS

UTILITY COORDINATION

SUBSURFACE UTILITY ENGINEERING

PROJECT NAME: DWU SOUTHWEST PIPELINE

TRG PROJ. No.: AECO2501.00

LOCATION: ALIGNMENT FOLLOWS IN FIELD

WITHIN MT. CREEK PKWY & US-67.

CITY / STATE: DALLAS / TX

TRG FIELD MGR.: J. TEMPLE

SURVEYED BY:

6916570.93

6911722.27

2444456.11

2456272.54

762.38'

700.56'

SEE NOTE 2

(Y)

NORTHING

SEE NOTE 2

(X)

EASTING

"X" IN CONC.

"X" IN CONC.

2025-08-22BEHIND RESIDENTIAL NEIGHBORHOODS

TBPE Firm #F-14595

The Rios Group

AT

NAL

E

R

N

FT

S A

ET

O E

S

X

E E

R

NGSIO E

S

O F

P

I

121522

LICENSED

ERIC WEBB

01-16-2026

SORCEY RD

O A

K S

T O

N E D

R

2025-05-15

DWU

6" DI WATER

7.81'

TOP OF UTILITY EL. = 764.28

EXIST. GRADE EL. = 772.09

TH-1

01 TH1 6917559.69 2445498.14 772.09 5/8" IR W/CAP

ASPHALT

D I

54" RCCP

T

54" RCCP

18"

SPECTRUM

2025-05-15

2"-1/2" PE FIBER

3.11'

TOP OF UTILITY EL. = 760.28

EXIST. GRADE EL. = 763.39

TH-2

MAG NAIL W/ WASHER763.392445884.296917566.60TH202

ASPHALT

SORCEY RD

PLAN VIEW

Not to Scale

SURVEY INFORMATION

SECTION VIEW

UTILITY OWNER:

EXCAVATED: ISSUED:

TEST HOLE DATA FORM

TEST HOLE No:

CLIENT: AECOM

TRG PROJ. MGR.: E. WEBB

CP

CP

HOLE

TEST

NUMBER

POINT

ELEV. (Z)

GROUND

EXIST. DESCRIPTION

NOT TO SCALE

214.333.0922

Dallas, Texas 75229

1890 Crown Rd. Suite 1310

PUBLIC RELATIONS

UTILITY COORDINATION

SUBSURFACE UTILITY ENGINEERING

PROJECT NAME: DWU SOUTHWEST PIPELINE

TRG PROJ. No.: AECO2501.00

LOCATION: ALIGNMENT FOLLOWS IN FIELD

WITHIN MT. CREEK PKWY & US-67.

CITY / STATE: DALLAS / TX

TRG FIELD MGR.: J. TEMPLE

SURVEYED BY:

6916570.93

6911722.27

2444456.11

2456272.54

762.38'

700.56'

SEE NOTE 2

(Y)

NORTHING

SEE NOTE 2

(X)

EASTING

"X" IN CONC.

"X" IN CONC.

2025-08-22BEHIND RESIDENTIAL NEIGHBORHOODS

TBPE Firm #F-14595

The Rios Group

AT

NAL

E

R

N

FT

S A

ET

O E

S

X

E E

R

NGSIO E

S

O F

P

I

121522

LICENSED

ERIC WEBB

01-16-2026

R C P

XTELS3

R C P

XTELS1

ILOST TONE

LOST TONE

PLAN VIEW

Not to Scale

SURVEY INFORMATION

SECTION VIEW

UTILITY OWNER:

EXCAVATED: ISSUED:

TEST HOLE DATA FORM

TEST HOLE No:

CLIENT: AECOM

TRG PROJ. MGR.: E. WEBB

CP

CP

HOLE

TEST

NUMBER

POINT

ELEV. (Z)

GROUND

EXIST. DESCRIPTION

NOT TO SCALE

214.333.0922

Dallas, Texas 75229

1890 Crown Rd. Suite 1310

PUBLIC RELATIONS

UTILITY COORDINATION

SUBSURFACE UTILITY ENGINEERING

PROJECT NAME: DWU SOUTHWEST PIPELINE

TRG PROJ. No.: AECO2501.00

LOCATION: ALIGNMENT FOLLOWS IN FIELD

WITHIN MT. CREEK PKWY & US-67.

CITY / STATE: DALLAS / TX

TRG FIELD MGR.: J. TEMPLE

SURVEYED BY:

6916570.93

6911722.27

2444456.11

2456272.54

762.38'

700.56'

SEE NOTE 2

(Y)

NORTHING

SEE NOTE 2

(X)

EASTING

"X" IN CONC.

"X" IN CONC.

2025-08-22BEHIND RESIDENTIAL NEIGHBORHOODS

TBPE Firm #F-14595

The Rios Group

AT

NAL

E

R

N

FT

S A

ET

O E

S

X

E E

R

NGSIO E

S

O F

P

I

121522

LICENSED

ERIC WEBB

01-16-2026

30" RCP STORM

TOP OF UTILITY EL. = 755.40

1.91'

EXIST. GRADE EL. = 757.31

2025-05-21

CITY OF DALLAS

TH-3

SORCEY RD

03 TH3 6917575.56 2446228.18 757.31 MAG NAIL W/ WASHER

ASPHALT

FIELD OBSERVATION.

NOTE: SIZE PER

TH-4TH-5

F

TH-5C

TH-22

TH-5A

TH-5B

R C P

XTELS3

R C P

XTELS1

LOST TONE

PLAN VIEW

Not to Scale

SURVEY INFORMATION

SECTION VIEW

UTILITY OWNER:

EXCAVATED: ISSUED:

TEST HOLE DATA FORM

TEST HOLE No:

CLIENT: AECOM

TRG PROJ. MGR.: E. WEBB

CP

CP

HOLE

TEST

NUMBER

POINT

ELEV. (Z)

GROUND

EXIST. DESCRIPTION

NOT TO SCALE

214.333.0922

Dallas, Texas 75229

1890 Crown Rd. Suite 1310

PUBLIC RELATIONS

UTILITY COORDINATION

SUBSURFACE UTILITY ENGINEERING

PROJECT NAME: DWU SOUTHWEST PIPELINE

TRG PROJ. No.: AECO2501.00

LOCATION: ALIGNMENT FOLLOWS IN FIELD

WITHIN MT. CREEK PKWY & US-67.

CITY / STATE: DALLAS / TX

TRG FIELD MGR.: J. TEMPLE

SURVEYED BY:

6916570.93

6911722.27

2444456.11

2456272.54

762.38'

700.56'

SEE NOTE 2

(Y)

NORTHING

SEE NOTE 2

(X)

EASTING

"X" IN CONC.

"X" IN CONC.

2025-08-22BEHIND RESIDENTIAL NEIGHBORHOODS

TBPE Firm #F-14595

The Rios Group

AT

NAL

E

R

N

FT

S A

ET

O E

S

X

E E

R

NGSIO E

S

O F

P

I

121522

LICENSED

ERIC WEBB

01-16-2026

24" RCP STORM

TOP OF UTILITY EL. = 754.91

2.44'

EXIST. GRADE EL. = 757.35

2025-05-16

CITY OF DALLAS

SORCEY RD

04 TH4 6917572.69 2446231.33 757.35 5/8" IR W/CAP

ASPHALT

FIELD OBSERVATION.

NOTE: SIZE PER

TH-5

F

TH-4TH-3

TH-5A

TH-5B

TH-22

TH-5C

R C P

XTELS3

R C P

XTELS1

LOST TONE

PLAN VIEW

Not to Scale

SURVEY INFORMATION

SECTION VIEW

UTILITY OWNER:

EXCAVATED: ISSUED:

TEST HOLE DATA FORM

TEST HOLE No:

CLIENT: AECOM

TRG PROJ. MGR.: E. WEBB

CP

CP

HOLE

TEST

NUMBER

POINT

ELEV. (Z)

GROUND

EXIST. DESCRIPTION

NOT TO SCALE

214.333.0922

Dallas, Texas 75229

1890 Crown Rd. Suite 1310

PUBLIC RELATIONS

UTILITY COORDINATION

SUBSURFACE UTILITY ENGINEERING

PROJECT NAME: DWU SOUTHWEST PIPELINE

TRG PROJ. No.: AECO2501.00

LOCATION: ALIGNMENT FOLLOWS IN FIELD

WITHIN MT. CREEK PKWY & US-67.

CITY / STATE: DALLAS / TX

TRG FIELD MGR.: J. TEMPLE

SURVEYED BY:

6916570.93

6911722.27

2444456.11

2456272.54

762.38'

700.56'

SEE NOTE 2

(Y)

NORTHING

SEE NOTE 2

(X)

EASTING

"X" IN CONC.

"X" IN CONC.

2025-08-22BEHIND RESIDENTIAL NEIGHBORHOODS

TBPE Firm #F-14595

The Rios Group

AT

NAL

E

R

N

FT

S A

ET

O E

S

X

E E

R

NGSIO E

S

O F

P

I

121522

LICENSED

ERIC WEBB

01-16-2026

54" RCCP WATER

TOP OF UTILITY EL. = UNK

UNK

EXIST. GRADE EL. = 757.47

2025-05-16

DWU

SORCEY RD

05 TH5 6917568.61 2446217.93 757.47 MAG NAIL W/ WASHER

ASPHALT

INFILTRATION.

GROUNDWATER

SEE PIPELINE DUE TO

RECORD. UNABLE TO

NOTE: SIZE PER

F

TH-3

TH-5 TH-4

TH-3

TH-22

TH-5B

R C P

XTELS3

R C P

XTELS1

LOST TONE

FL 30" RCP SW = 752.26

FL 24" RCP SE = 752.18

FL 36" RCP NE = 750.61

SDMH RIM = 756.54

PLAN VIEW

Not to Scale

SURVEY INFORMATION

SECTION VIEW

UTILITY OWNER:

EXCAVATED: ISSUED:

TEST HOLE DATA FORM

TEST HOLE No:

CLIENT: AECOM

TRG PROJ. MGR.: E. WEBB

CP

CP

HOLE

TEST

NUMBER

POINT

ELEV. (Z)

GROUND

EXIST. DESCRIPTION

NOT TO SCALE

214.333.0922

Dallas, Texas 75229

1890 Crown Rd. Suite 1310

PUBLIC RELATIONS

UTILITY COORDINATION

SUBSURFACE UTILITY ENGINEERING

PROJECT NAME: DWU SOUTHWEST PIPELINE

TRG PROJ. No.: AECO2501.00

LOCATION: ALIGNMENT FOLLOWS IN FIELD

WITHIN MT. CREEK PKWY & US-67.

CITY / STATE: DALLAS / TX

TRG FIELD MGR.: J. TEMPLE

SURVEYED BY:

6916570.93

6911722.27

2444456.11

2456272.54

762.38'

700.56'

SEE NOTE 2

(Y)

NORTHING

SEE NOTE 2

(X)

EASTING

"X" IN CONC.

"X" IN CONC.

2025-08-22BEHIND RESIDENTIAL NEIGHBORHOODS

TBPE Firm #F-14595

The Rios Group

AT

NAL

E

R

N

FT

S A

ET

O E

S

X

E E

R

NGSIO E

S

O F

P

I

121522

LICENSED

ERIC WEBB

01-16-2026

54" RCCP WATER

TOP OF UTILITY EL. = 747.20'

9.90 FT

EXIST. GRADE EL. = 757.10'

05A

2025-06-12

DWU

SORCEY RD

05A BHA5 6917553.58 2446181.52 757.10

OBSTRUCTION.

DUE TO CONCRETE

TO VERIFY DEPTH

RECORDS. UNABLE

NOTE: SIZE PER

F

TH-3

TH-4

TH-5B

TH-5

5/8" IR W/CAP

TH-5A

NAT. GRD

R C P

XTELS3

R C P

XTELS1

LOST TONE

FL 30" RCP SW = 752.26

FL 24" RCP SE = 752.18

FL 36" RCP NE = 750.61

SDMH RIM = 756.54

PLAN VIEW

Not to Scale

SURVEY INFORMATION

SECTION VIEW

UTILITY OWNER:

EXCAVATED: ISSUED:

TEST HOLE DATA FORM

TEST HOLE No:

CLIENT: AECOM

TRG PROJ. MGR.: E. WEBB

CP

CP

HOLE

TEST

NUMBER

POINT

ELEV. (Z)

GROUND

EXIST. DESCRIPTION

NOT TO SCALE

214.333.0922

Dallas, Texas 75229

1890 Crown Rd. Suite 1310

PUBLIC RELATIONS

UTILITY COORDINATION

SUBSURFACE UTILITY ENGINEERING

PROJECT NAME: DWU SOUTHWEST PIPELINE

TRG PROJ. No.: AECO2501.00

LOCATION: ALIGNMENT FOLLOWS IN FIELD

WITHIN MT. CREEK PKWY & US-67.

CITY / STATE: DALLAS / TX

TRG FIELD MGR.: J. TEMPLE

SURVEYED BY:

6916570.93

6911722.27

2444456.11

2456272.54

762.38'

700.56'

SEE NOTE 2

(Y)

NORTHING

SEE NOTE 2

(X)

EASTING

"X" IN CONC.

"X" IN CONC.

2025-08-22BEHIND RESIDENTIAL NEIGHBORHOODS

TBPE Firm #F-14595

The Rios Group

AT

NAL

E

R

N

FT

S A

ET

O E

S

X

E E

R

NGSIO E

S

O F

P

I

121522

LICENSED

ERIC WEBB

01-16-2026

54" RCCP WATER

TOP OF UTILITY EL. = 747.59

9.33'

EXIST. GRADE EL. = 756.92

05B

2025-06-12

DWU

SORCEY RD

05B BHB5 6917550.29 2446164.62 756.92

OBSTRUCTION.

DUE TO CONCRETE

TO VERIFY DEPTH

RECORDS. UNABLE

NOTE: SIZE PER

F

TH-3

TH-4TH-5

TH-5A

5/8" IR W/CAP

TH-5B

NAT. GRD

E X

" W

A T

E R

SOR

CE

Y R

OAD

E X

4" W

AT

E R

E X

" W

AT

E R

SORCEY ROAD

GUARD RAIL

METAL BEAM

RELOCATE EXISTING

R C P

757.04'

E =2

.2

N =6 .2

XZ: 756.87

E: 2446231.69

6917550.52N:

#203 - "X" CUT SET

PJB CONTROL

TEL

S

LP

AS

P H

AL

T

P

AVE

M E

NT

E X

" W

A T

E R

SOR

CE

Y R

OAD

E X

4" W

AT

E R

E X

" W

AT

E R

ASPHALT PAVEMENT

SORCEY ROAD

(PAVEMENT ABANDONED)

GUARD RAIL

METAL BEAM

RELOCATE EXISTING

R C P

757.04'

E =2

.2

N =6 .2

1/2" IRF (LEANING)

5/8" IRF

OHEOHEOHE OHE

XZ: 756.87

E: 2446231.69

6917550.52N:

#203 - "X" CUT SET

PJB CONTROL

TEL

S

LP

LOST TONE

FL 30" RCP SW = 752.26

FL 24" RCP SE = 752.18

FL 36" RCP NE = 750.61

SDMH RIM = 756.54

AS

P H

AL

T

P

AVE

M E

NT

E X

" W

A T

E R

SOR

CE

Y R

OAD

E X

4" W

AT

E R

E X

" W

AT

E R

ASPHALT PAVEMENT

TRACT 11

EXHIBIT A-1

VOLUME 89069, PAGE 2673

JOINT VENTURE

SORCEY-MOUNTAIN CREEK

7500 MOUNTAIN CREEK PKWY

SORCEY ROAD

(PAVEMENT ABANDONED)757.04'

E =2

.2

N =6 .2

1/2" IRF (LEANING)

5/8" IRF

LP

PLAN VIEW

Not to Scale

SURVEY INFORMATION

SECTION VIEW

UTILITY OWNER:

EXCAVATED: ISSUED:

TEST HOLE DATA FORM

TEST HOLE No:

CLIENT: AECOM

TRG PROJ. MGR.: E. WEBB

CP

CP

HOLE

TEST

NUMBER

POINT

ELEV. (Z)

GROUND

EXIST. DESCRIPTION

NOT TO SCALE

214.333.0922

Dallas, Texas 75229

1890 Crown Rd. Suite 1310

PUBLIC RELATIONS

UTILITY COORDINATION

SUBSURFACE UTILITY ENGINEERING

PROJECT NAME: DWU SOUTHWEST PIPELINE

TRG PROJ. No.: AECO2501.00

LOCATION: ALIGNMENT FOLLOWS IN FIELD

WITHIN MT. CREEK PKWY & US-67.

CITY / STATE: DALLAS / TX

TRG FIELD MGR.: J. TEMPLE

SURVEYED BY:

6916570.93

6911722.27

2444456.11

2456272.54

762.38'

700.56'

SEE NOTE 2

(Y)

NORTHING

SEE NOTE 2

(X)

EASTING

"X" IN CONC.

"X" IN CONC.

2025-08-22BEHIND RESIDENTIAL NEIGHBORHOODS

TBPE Firm #F-14595

The Rios Group

AT

NAL

E

R

N

FT

S A

ET

O E

S

X

E E

R

NGSIO E

S

O F

P

I

121522

LICENSED

ERIC WEBB

01-16-2026

54"* RCCP - WATER

TOP OF UTILITY EL. = 745.97

10.14 FT

756.11EXIST. GRADE EL. =

5C

2025-10-17

DWU

SORCEY RD

5C TH5 6917591.74 2446266.21 756.11 5/8" IR W/ CAP

TH-5C

NAT. GRDNAT. GRD

S O

R C E

Y R

D

W H

IT

E A

S H R

D

TH-5CTH-22

TH-4

TH-5

TH-3

S

IG

N S

IG

N

LP

P V

C

U N

A B L E

O

A C C E S S

S D

I

N L E T

PLAN VIEW

Not to Scale

SURVEY INFORMATION

SECTION VIEW

UTILITY OWNER:

EXCAVATED: ISSUED:

TEST HOLE DATA FORM

TEST HOLE No:

CLIENT: AECOM

TRG PROJ. MGR.: E. WEBB

CP

CP

HOLE

TEST

NUMBER

POINT

ELEV. (Z)

GROUND

EXIST. DESCRIPTION

NOT TO SCALE

214.333.0922

Dallas, Texas 75229

1890 Crown Rd. Suite 1310

PUBLIC RELATIONS

UTILITY COORDINATION

SUBSURFACE UTILITY ENGINEERING

PROJECT NAME: DWU SOUTHWEST PIPELINE

TRG PROJ. No.: AECO2501.00

LOCATION: ALIGNMENT FOLLOWS IN FIELD

WITHIN MT. CREEK PKWY & US-67.

CITY / STATE: DALLAS / TX

TRG FIELD MGR.: J. TEMPLE

SURVEYED BY:

6916570.93

6911722.27

2444456.11

2456272.54

762.38'

700.56'

SEE NOTE 2

(Y)

NORTHING

SEE NOTE 2

(X)

EASTING

"X" IN CONC.

"X" IN CONC.

2025-08-22BEHIND RESIDENTIAL NEIGHBORHOODS

TBPE Firm #F-14595

The Rios Group

AT

NAL

E

R

N

FT

S A

ET

O E

S

X

E E

R

NGSIO E

S

O F

P

I

121522

LICENSED

ERIC WEBB

01-16-2026

S O

U T

H C

L A

R K R

D

UTILITY OWNER:

EXCAVATED:

EXIST. GRADE EL. = 739.69

TOP OF UTILITY EL. = 732.51

ATMOS

2025-05-14

7.18'

8" PE GAS

06 TH6 739.69 5/8" IR W/CAP6916749.46 2448104.04

TH-6

NAT. GRD

TH-7

IG

N S

IG

N

LP

V

C

U N

A B L E

A C C E S S

S D

I

N L E T

PLAN VIEW

Not to Scale

SURVEY INFORMATION

SECTION VIEW

UTILITY OWNER:

EXCAVATED: ISSUED:

TEST HOLE DATA FORM

TEST HOLE No:

CLIENT: AECOM

TRG PROJ. MGR.: E. WEBB

CP

CP

HOLE

TEST

NUMBER

POINT

ELEV. (Z)

GROUND

EXIST. DESCRIPTION

NOT TO SCALE

214.333.0922

Dallas, Texas 75229

1890 Crown Rd. Suite 1310

PUBLIC RELATIONS

UTILITY COORDINATION

SUBSURFACE UTILITY ENGINEERING

PROJECT NAME: DWU SOUTHWEST PIPELINE

TRG PROJ. No.: AECO2501.00

LOCATION: ALIGNMENT FOLLOWS IN FIELD

WITHIN MT. CREEK PKWY & US-67.

CITY / STATE: DALLAS / TX

TRG FIELD MGR.: J. TEMPLE

SURVEYED BY:

6916570.93

6911722.27

2444456.11

2456272.54

762.38'

700.56'

SEE NOTE 2

(Y)

NORTHING

SEE NOTE 2

(X)

EASTING

"X" IN CONC.

"X" IN CONC.

2025-08-22BEHIND RESIDENTIAL NEIGHBORHOODS

TBPE Firm #F-14595

The Rios Group

AT

NAL

E

R

N

FT

S A

ET

O E

S

X

E E

R

NGSIO E

S

O F

P

I

121522

LICENSED

ERIC WEBB

01-16-2026

S O

U T

H C

L A

R K R

D

UTILITY OWNER:

EXCAVATED:

EXIST. GRADE EL. = 740.02

TOP OF UTILITY EL. = 733.13

CITY OF DUNCANVILLE

2025-05-14

6.89'

07 TH7 740.02 5/8" IR W/CAP6916766.31 2448117.44

NAT. GRD

TH-6

TH-7

8" VC SANITARY

EX 8" WASTEWATER

EX 8" WASTEWATER

8" PVC 8" PVC

F L

R C P

S

W

S D

M H

R I

M

PLAN VIEW

Not to Scale

SURVEY INFORMATION

SECTION VIEW

UTILITY OWNER:

EXCAVATED: ISSUED:

TEST HOLE DATA FORM

TEST HOLE No:

CLIENT: AECOM

TRG PROJ. MGR.: E. WEBB

CP

CP

HOLE

TEST

NUMBER

POINT

ELEV. (Z)

GROUND

EXIST. DESCRIPTION

NOT TO SCALE

214.333.0922

Dallas, Texas 75229

1890 Crown Rd. Suite 1310

PUBLIC RELATIONS

UTILITY COORDINATION

SUBSURFACE UTILITY ENGINEERING

PROJECT NAME: DWU SOUTHWEST PIPELINE

TRG PROJ. No.: AECO2501.00

LOCATION: ALIGNMENT FOLLOWS IN FIELD

WITHIN MT. CREEK PKWY & US-67.

CITY / STATE: DALLAS / TX

TRG FIELD MGR.: J. TEMPLE

SURVEYED BY:

6916570.93

6911722.27

2444456.11

2456272.54

762.38'

700.56'

SEE NOTE 2

(Y)

NORTHING

SEE NOTE 2

(X)

EASTING

"X" IN CONC.

"X" IN CONC.

2025-08-22BEHIND RESIDENTIAL NEIGHBORHOODS

TBPE Firm #F-14595

The Rios Group

AT

NAL

E

R

N

FT

S A

ET

O E

S

X

E E

R

NGSIO E

S

O F

P

I

121522

LICENSED

ERIC WEBB

01-16-2026

OAK RIDGE DR

TH-8

5.03'

EXIST. GRADE EL. = 736.93

TOP OF UTILITY EL. = 731.90

UTILITY OWNER:

EXCAVATED:

CITY OF DUNCANVILLE

2025-05-14

08 TH8 736.93 5/8" IR W/CAP6916631.90 2448236.26

NAT. GRD

8"

8" VC SANITARY

T

C T V

C T V

F

IB

R

T

IC

T

T

T

C T V

C T V

F

IB

T

IC

PLAN VIEW

Not to Scale

SURVEY INFORMATION

SECTION VIEW

UTILITY OWNER:

EXCAVATED: ISSUED:

TEST HOLE DATA FORM

TEST HOLE No:

CLIENT: AECOM

TRG PROJ. MGR.: E. WEBB

CP

CP

HOLE

TEST

NUMBER

POINT

ELEV. (Z)

GROUND

EXIST. DESCRIPTION

NOT TO SCALE

214.333.0922

Dallas, Texas 75229

1890 Crown Rd. Suite 1310

PUBLIC RELATIONS

UTILITY COORDINATION

SUBSURFACE UTILITY ENGINEERING

PROJECT NAME: DWU SOUTHWEST PIPELINE

TRG PROJ. No.: AECO2501.00

LOCATION: ALIGNMENT FOLLOWS IN FIELD

WITHIN MT. CREEK PKWY & US-67.

CITY / STATE: DALLAS / TX

TRG FIELD MGR.: J. TEMPLE

SURVEYED BY:

6916570.93

6911722.27

2444456.11

2456272.54

762.38'

700.56'

SEE NOTE 2

(Y)

NORTHING

SEE NOTE 2

(X)

EASTING

"X" IN CONC.

"X" IN CONC.

2025-08-22BEHIND RESIDENTIAL NEIGHBORHOODS

TBPE Firm #F-14595

The Rios Group

AT

NAL

E

R

N

FT

S A

ET

O E

S

X

E E

R

NGSIO E

S

O F

P

I

121522

LICENSED

ERIC WEBB

01-16-2026

C R E S C E

N T L

N

UTILITY OWNER:

EXCAVATED:

EXIST. GRADE EL. = 727.64

TOP OF UTILITY EL. = 725.26

SPECTRUM

2025-05-12

2.38'

2"-1/2" PE CABLE

09 TH9 727.64 5/8" IR W/CAP6916119.63 2448796.14

TH-9

TH-10

T

C T V

C T V

F

IB

T

IC

T

T

T

C T V

C T V

F

IB

T

IC

PLAN VIEW

Not to Scale

SURVEY INFORMATION

SECTION VIEW

UTILITY OWNER:

EXCAVATED: ISSUED:

TEST HOLE DATA FORM

TEST HOLE No:

CLIENT: AECOM

TRG PROJ. MGR.: E. WEBB

CP

CP

HOLE

TEST

NUMBER

POINT

ELEV. (Z)

GROUND

EXIST. DESCRIPTION

NOT TO SCALE

214.333.0922

Dallas, Texas 75229

1890 Crown Rd. Suite 1310

PUBLIC RELATIONS

UTILITY COORDINATION

SUBSURFACE UTILITY ENGINEERING

PROJECT NAME: DWU SOUTHWEST PIPELINE

TRG PROJ. No.: AECO2501.00

LOCATION: ALIGNMENT FOLLOWS IN FIELD

WITHIN MT. CREEK PKWY & US-67.

CITY / STATE: DALLAS / TX

TRG FIELD MGR.: J. TEMPLE

SURVEYED BY:

6916570.93

6911722.27

2444456.11

2456272.54

762.38'

700.56'

SEE NOTE 2

(Y)

NORTHING

SEE NOTE 2

(X)

EASTING

"X" IN CONC.

"X" IN CONC.

2025-08-22BEHIND RESIDENTIAL NEIGHBORHOODS

TBPE Firm #F-14595

The Rios Group

AT

NAL

E

R

N

FT

S A

ET

O E

S

X

E E

R

NGSIO E

S

O F

P

I

121522

LICENSED

ERIC WEBB

01-16-2026

C R E S C E

N T L

N

UTILITY OWNER:

EXCAVATED:

EXIST. GRADE EL. = 727.76

TOP OF UTILITY EL. = 724.76

ATT

2025-05-12

3.00'

1"-1/2" DBC TELECOM

10 TH10 727.76 5/8" IR W/CAP6916116.96 2448798.29

NAT. GRD

TH-10

TH-9

PLAN VIEW

Not to Scale

SURVEY INFORMATION

SECTION VIEW

UTILITY OWNER:

EXCAVATED: ISSUED:

TEST HOLE DATA FORM

TEST HOLE No:

CLIENT: AECOM

TRG PROJ. MGR.: E. WEBB

CP

CP

HOLE

TEST

NUMBER

POINT

ELEV. (Z)

GROUND

EXIST. DESCRIPTION

NOT TO SCALE

214.333.0922

Dallas, Texas 75229

1890 Crown Rd. Suite 1310

PUBLIC RELATIONS

UTILITY COORDINATION

SUBSURFACE UTILITY ENGINEERING

PROJECT NAME: DWU SOUTHWEST PIPELINE

TRG PROJ. No.: AECO2501.00

LOCATION: ALIGNMENT FOLLOWS IN FIELD

WITHIN MT. CREEK PKWY & US-67.

CITY / STATE: DALLAS / TX

TRG FIELD MGR.: J. TEMPLE

SURVEYED BY:

6916570.93

6911722.27

2444456.11

2456272.54

762.38'

700.56'

SEE NOTE 2

(Y)

NORTHING

SEE NOTE 2

(X)

EASTING

"X" IN CONC.

"X" IN CONC.

2025-08-22BEHIND RESIDENTIAL NEIGHBORHOODS

TBPE Firm #F-14595

The Rios Group

AT

NAL

E

R

N

FT

S A

ET

O E

S

X

E E

R

NGSIO E

S

O F

P

I

121522

LICENSED

ERIC WEBB

01-16-2026

UTILITY OWNER:

EXCAVATED:

EXIST. GRADE EL. = 700.73

TOP OF UTILITY EL. = 697.91

ATT

2025-05-21

2.82'

4" PVC TELECOM

TH-12

12 TH12 700.73 5/8" IR W/CAP6913930.22 2451230.59

12" RCP

14" RCP

EX 8" WASTEWATERTP12" RCP

14" RCP

EX 8" WASTEWATERTPC2; QL "B"

8" PVC

8 PVC

WW5; QL "B"

FL 8" PVC W = 703.44

FL 8" PVC E = 703.37

SSMH RIM = 712.99

QL "B"

WW5;

WM T

FL 8" PVC W = 701.04

FL 8" PVC S = 701.00

FL 12" PVC E = 700.99

SSMH RIM = 710.89

PLAN VIEW

Not to Scale

SURVEY INFORMATION

SECTION VIEW

UTILITY OWNER:

EXCAVATED: ISSUED:

TEST HOLE DATA FORM

TEST HOLE No:

CLIENT: AECOM

TRG PROJ. MGR.: E. WEBB

CP

CP

HOLE

TEST

NUMBER

POINT

ELEV. (Z)

GROUND

EXIST. DESCRIPTION

NOT TO SCALE

214.333.0922

Dallas, Texas 75229

1890 Crown Rd. Suite 1310

PUBLIC RELATIONS

UTILITY COORDINATION

SUBSURFACE UTILITY ENGINEERING

PROJECT NAME: DWU SOUTHWEST PIPELINE

TRG PROJ. No.: AECO2501.00

LOCATION: ALIGNMENT FOLLOWS IN FIELD

WITHIN MT. CREEK PKWY & US-67.

CITY / STATE: DALLAS / TX

TRG FIELD MGR.: J. TEMPLE

SURVEYED BY:

6916570.93

6911722.27

2444456.11

2456272.54

762.38'

700.56'

SEE NOTE 2

(Y)

NORTHING

SEE NOTE 2

(X)

EASTING

"X" IN CONC.

"X" IN CONC.

2025-08-22BEHIND RESIDENTIAL NEIGHBORHOODS

TBPE Firm #F-14595

The Rios Group

AT

NAL

E

R

N

FT

S A

ET

O E

S

X

E E

R

NGSIO E

S

O F

P

I

121522

LICENSED

ERIC WEBB

01-16-2026

WINTERGREEN RD

UTILITY OWNER:

EXCAVATED:

EXIST. GRADE EL. = 711.98

TOP OF UTILITY EL. = 710.48

SPECTRUM

2025-05-13

1.50'

2" PE FIBER

NAT. GRD

TH-17 TH-18

GM

17 TH17 711.98 5/8" IR W/CAP6912736.51 2455844.57

14" RCP

EX 8" WASTEWATERTP12" RCP

14" RCP

EX 8" WASTEWATERTPC2; QL "B"

8" PVC

8 PVC

WW5; QL "B"

FL 8" PVC W = 703.44

FL 8" PVC E = 703.37

SSMH RIM = 712.99

QL "B"

WW5;

WM T

FL 8" PVC W = 701.04

FL 8" PVC S = 701.00

FL 12" PVC E = 700.99

SSMH RIM = 710.89

PLAN VIEW

Not to Scale

SURVEY INFORMATION

SECTION VIEW

UTILITY OWNER:

EXCAVATED: ISSUED:

TEST HOLE DATA FORM

TEST HOLE No:

CLIENT: AECOM

TRG PROJ. MGR.: E. WEBB

CP

CP

HOLE

TEST

NUMBER

POINT

ELEV. (Z)

GROUND

EXIST. DESCRIPTION

NOT TO SCALE

214.333.0922

Dallas, Texas 75229

1890 Crown Rd. Suite 1310

PUBLIC RELATIONS

UTILITY COORDINATION

SUBSURFACE UTILITY ENGINEERING

PROJECT NAME: DWU SOUTHWEST PIPELINE

TRG PROJ. No.: AECO2501.00

LOCATION: ALIGNMENT FOLLOWS IN FIELD

WITHIN MT. CREEK PKWY & US-67.

CITY / STATE: DALLAS / TX

TRG FIELD MGR.: J. TEMPLE

SURVEYED BY:

6916570.93

6911722.27

2444456.11

2456272.54

762.38'

700.56'

SEE NOTE 2

(Y)

NORTHING

SEE NOTE 2

(X)

EASTING

"X" IN CONC.

"X" IN CONC.

2025-08-22BEHIND RESIDENTIAL NEIGHBORHOODS

TBPE Firm #F-14595

The Rios Group

AT

NAL

E

R

N

FT

S A

ET

O E

S

X

E E

R

NGSIO E

S

O F

P

I

121522

LICENSED

ERIC WEBB

01-16-2026

WINTERGREEN RD

UTILITY OWNER:

EXCAVATED:

EXIST. GRADE EL. = 711.20

TOP OF UTILITY EL. = 708.72

ATMOS

2025-05-12

2.48'

2"-1/2" PE GAS

NAT. GRD

GM

18 TH18 711.20 5/8" IR W/CAP6912735.37 2455885.84

TH-18TH-17

26" RCP

S

IG

N

EX 8" WASTEWATERTT2615

XICVICV26" RCP

12" RCP

S

IG

N

EX 8" WASTEWATERTT2615

XICVICVUNABLE TO TONEUNABLE TO TONEUNABLE TO TONE

INL

C A

S I

N G

L

8" PVC

UNABLE TO TONE

UNABLE TO OPEN

SSMH RIM = 724.27

27" RCP

G

PLAN VIEW

Not to Scale

SURVEY INFORMATION

SECTION VIEW

UTILITY OWNER:

EXCAVATED: ISSUED:

TEST HOLE DATA FORM

TEST HOLE No:

CLIENT: AECOM

TRG PROJ. MGR.: E. WEBB

CP

CP

HOLE

TEST

NUMBER

POINT

ELEV. (Z)

GROUND

EXIST. DESCRIPTION

NOT TO SCALE

214.333.0922

Dallas, Texas 75229

1890 Crown Rd. Suite 1310

PUBLIC RELATIONS

UTILITY COORDINATION

SUBSURFACE UTILITY ENGINEERING

PROJECT NAME: DWU SOUTHWEST PIPELINE

TRG PROJ. No.: AECO2501.00

LOCATION: ALIGNMENT FOLLOWS IN FIELD

WITHIN MT. CREEK PKWY & US-67.

CITY / STATE: DALLAS / TX

TRG FIELD MGR.: J. TEMPLE

SURVEYED BY:

6916570.93

6911722.27

2444456.11

2456272.54

762.38'

700.56'

SEE NOTE 2

(Y)

NORTHING

SEE NOTE 2

(X)

EASTING

"X" IN CONC.

"X" IN CONC.

2025-08-22BEHIND RESIDENTIAL NEIGHBORHOODS

TBPE Firm #F-14595

The Rios Group

AT

NAL

E

R

N

FT

S A

ET

O E

S

X

E E

R

NGSIO E

S

O F

P

I

121522

LICENSED

ERIC WEBB

01-16-2026

21 TH21 722.96 5/8" IR W/CAP6912700.45 2455233.35

EXIST. GRADE EL. = 722.96

TOP OF UTILITY EL. = 719.82

EXXON

2025-07-31

3.14'

8" STEEL PIPELINE

NAT. GRD

WINTERGREEN RD

TH-21

R C P

XTELS3

R C P

XTELS1

LOST TONE

PLAN VIEW

Not to Scale

SURVEY INFORMATION

SECTION VIEW

UTILITY OWNER:

EXCAVATED: ISSUED:

TEST HOLE DATA FORM

TEST HOLE No:

CLIENT: AECOM

TRG PROJ. MGR.: E. WEBB

CP

CP

HOLE

TEST

NUMBER

POINT

ELEV. (Z)

GROUND

EXIST. DESCRIPTION

NOT TO SCALE

214.333.0922

Dallas, Texas 75229

1890 Crown Rd. Suite 1310

PUBLIC RELATIONS

UTILITY COORDINATION

SUBSURFACE UTILITY ENGINEERING

PROJECT NAME: DWU SOUTHWEST PIPELINE

TRG PROJ. No.: AECO2501.00

LOCATION: ALIGNMENT FOLLOWS IN FIELD

WITHIN MT. CREEK PKWY & US-67.

CITY / STATE: DALLAS / TX

TRG FIELD MGR.: J. TEMPLE

SURVEYED BY:

6916570.93

6911722.27

2444456.11

2456272.54

762.38'

700.56'

SEE NOTE 2

(Y)

NORTHING

SEE NOTE 2

(X)

EASTING

"X" IN CONC.

"X" IN CONC.

2025-08-22BEHIND RESIDENTIAL NEIGHBORHOODS

TBPE Firm #F-14595

The Rios Group

AT

NAL

E

R

N

FT

S A

ET

O E

S

X

E E

R

NGSIO E

S

O F

P

I

121522

LICENSED

ERIC WEBB

01-16-2026

16" DI - WATER

TOP OF UTILITY EL. = 750.48

6.53 FT

EXIST. GRADE EL. = 757.01

2025-10-13

DWU

SORCEY RD

22 TH22 6917560.73 2446269.22 757.01 5/8" IR W/ CAP

TH-22

NAT. GRDNAT. GRD

TH-5C

TH-4

TH-3

TH-5

Appendix F – BNSF Draft Agreement

Tracking #24W-23660/BF-20571829

- 1 - Form 424; Rev. 20200605

PIPELINE LICENSE

THIS PIPELINE LICENSE ("License") is made to be effective ____________, 2025 (the "Effective Date") by and between BNSF RAILWAY COMPANY, a Delaware corporation ("Licensor") and DALLAS WATER UTILITIES, a Texas municipality ("Licensee").

In consideration of the mutual covenants contained herein, the parties agree to the following:

GENERAL

1. Grant of License. Licensor hereby grants Licensee a non-exclusive license, subject to all rights, interests, and estates of third parties, including, without limitation, any leases, use rights, easements, liens, or other encumbrances, and upon the terms and conditions set forth below, to construct and maintain, in strict accordance with the drawings and specifications approved by Licensor as part of Licensee's application process (the "Drawings and Specifications"), one (1) pipeline, 96 inches in diameter inside a 122 inch steel casing (collectively, the "Pipeline"), across or along Licensor's rail corridor at or near the station of Cedar Hill, County of Dallas, State of Texas, Line Segment 7509, Mile Post 37.40 as shown on the attached Drawing No. 94496, dated May 16, 2025, attached hereto as Exhibit "A" and incorporated herein by reference (the "Premises").

2. Term. This License shall commence on the Effective Date and shall continue for a period of twenty-five

(25) years, subject to prior termination as hereinafter described.

3. Existing Improvements. Licensee shall not disturb any improvements of Licensor or Licensor's existing lessees, licensees, easement beneficiaries or lien holders, if any, or interfere with the use, repair, maintenance or replacement of such improvements.

4. Use of the Premises. Licensee shall use the Premises solely for construction, maintenance, and use of the Pipeline in accordance with the Drawings and Specifications. The Pipeline shall carry drinking water, and Licensee shall not use the Pipeline to carry any other material or use the Premises for any other purpose. Licensee is expressly prohibited from using or allowing any telecommunication facilities or equipment within the Premises, or using or allowing the use of the Premises for any other purpose.

5. Alterations. Except as set forth in this License, Licensee may not make any alterations to the Premises or permanently affix anything to the Premises or any buildings or other structures adjacent to the Premises without Licensor's prior written consent.

COMPENSATION

6. License Fee. Licensee shall pay Licensor, prior to the Effective Date, a one-time payment (in lieu of recurring periodic fixed license fees) in the amount the sum of Three Thousand Seven Hundred and No/100 Dollars ($3,700.00) as compensation for the use of the Premises.

7. Costs and Expenses.

7.1 For the purpose of this License, "cost" or "costs" and "expense" or "expenses" includes, but is not limited to, actual labor and material costs including all assignable additives, and material and supply costs at current value where used.

7.2 Licensee agrees to reimburse Licensor (pursuant to the terms of Section 8 below) for all costs and expenses incurred by Licensor in connection with Licensee's use of the Premises or the presence, construction and maintenance of the Pipeline, including but not limited to the furnishing of Licensor's flaggers and any vehicle rental costs incurred, inspection coordination, safety, mobilization and/or other observation services described in this License (collectively, the "Services"). Licensee shall bear the cost of the Services, when deemed necessary by Licensor's representative. Flagging costs shall include, but not be limited to, the following: pay for at least an eight (8) hour basic day with time and one-half or double time for overtime, rest days and holidays (as applicable); vacation allowance; paid holidays (as applicable); railway and

MorrisE Text Box

IN NEGOTIATION WITH OWNER

- 2 - Form 424; Rev. 20200605 unemployment insurance; public liability and property damage insurance; health and welfare benefits; transportation; meals; lodging and supervision. Negotiations for railway labor or collective bargaining agreements and rate changes authorized by appropriate Federal authorities may increase flagging rates. Flagging rates in effect at the time of performance by the flaggers will be used to calculate the flagging costs pursuant to this Section 7.

7.3 Licensor, at its sole discretion, may elect to designate a third party (the "Scheduling Agent"), to perform and/or arrange for the performance of the Services.

8. Payment Terms. All invoices are due thirty (30) days after the date of invoice. If Licensee fails to pay any monies due to Licensor within thirty (30) days after the invoice date, then Licensee shall pay interest on such unpaid sum from the due date until paid at an annual rate equal to the lesser of (i) the prime rate last published in The Wall Street Journal in the preceding December plus two and one-half percent (2- 1/2%), or (ii) the maximum rate permitted by law.

LICENSOR'S RESERVED RIGHTS

9. Reserved Rights of Use. Licensor excepts and reserves the right, to be exercised by Licensor and any other parties who may obtain written permission or authority from Licensor:

9.1 to maintain, use, operate, repair, replace, modify and relocate any utility, power or communication pipe/lines/cables and appurtenances (other than the Pipeline) and other facilities or structures of like character upon, over, under or across the Premises existing as of the Effective Date;

9.2 to construct, maintain, renew, use, operate, change, modify and relocate any tracks or additional facilities, structures and related appurtenances upon, over, under or across the Premises; or

9.3 to use the Premises in any manner as Licensor in its sole discretion deems appropriate, provided Licensor uses all commercially reasonable efforts to avoid material interference with the use of the Premises by Licensee for the purpose specified in Section 4 above.

10. Right to Require Relocation. If at any time during the term of this License, Licensor desires the use of its rail corridor in such a manner as would, in Licensor's reasonable opinion, be interfered with by the Pipeline, Licensee shall, at its sole expense, within thirty (30) days after receiving written notice from Licensor to such effect, make such changes in the Pipeline as in the sole discretion of Licensor may be necessary to avoid interference with the proposed use of Licensor's rail corridor, including, without limitation, the relocation of the Pipeline, or the construction of a new pipeline to replace the Pipeline.

Notwithstanding the foregoing, Licensee agrees to make all emergency changes and minor adjustments, as determined by Licensor in its sole discretion, to the Pipeline promptly upon Licensor's request.

LICENSEE'S OPERATIONS

11. Construction and Maintenance of the Pipeline.

11.1 Licensee shall not enter the Premises or commence construction unless accompanied by

Licensor's representative, the Scheduling Agent or its designee. Licensee shall notify Licensor’s representative or the Scheduling Agent at ROWCoordinator@BNSF.com at least ten (10) business days prior to installation of the Pipeline and prior to entering the Premises for any subsequent maintenance thereon. Only in the event of emergency, Licensee shall notify Licensor’s Roadmaster of entry onto the Premises, at the telephone 817-224-7009, as soon as practicable and shall promptly thereafter follow up with written notice of such entry to the email provided above.

11.2 Licensee's on-site supervisors shall retain/maintain a fully executed copy of this License at all times while on the Premises.

11.3 While on the Premises, Licensee shall use only public roadways to cross from one side of Licensor's tracks to the other.

- 3 - Form 424; Rev. 20200605

11.4 Any contractors or subcontractors performing work on the Pipeline or entering the Premises on behalf of Licensee shall be deemed servants and agents of Licensee for purposes of this License.

11.5 Under no conditions shall Licensee be permitted to conduct any tests, investigations or any other activity using mechanized equipment and/or machinery, or place or store any mechanized equipment, tools or other materials, within twenty-five (25) feet of the centerline of any railroad track on the Premises unless Licensee has obtained prior written approval from Licensor.

Licensee shall, at its sole cost and expense, perform all activities on and about the Premises, including without limitation all construction and maintenance of the Pipeline, in such a manner and of such materials as not at any time to endanger or interfere with (i) the existence or use of present or future tracks, roadbeds, or property of Licensor, (ii) the safe operation and activities of Licensor or existing third parties, or (iii) the rights or interests of third parties. If ordered to cease using the Premises at any time by Licensor's personnel due to any hazardous condition, Licensee shall immediately do so. Notwithstanding the foregoing right of Licensor, the parties agree that Licensor has no duty or obligation to monitor Licensee's use of the Premises to determine the safe nature thereof, it being solely Licensee's responsibility to ensure that Licensee's use of the Premises is safe. Neither the exercise nor the failure by Licensor to exercise any rights granted in this Section will alter the liability allocation provided by this License.

11.6 Licensee shall, at its sole cost and expense, construct and maintain the Pipeline in such a manner and of such material that the Pipeline will not at any time endanger or interfere with (i) the existence or use of present or future tracks, roadbeds, or property of Licensor, (ii) the safe operation and activities of Licensor or existing third parties, or (iii) the rights or interests of third parties. The construction of the Pipeline shall be completed within one (1) year of the Effective Date, and any subsequent maintenance shall be completed within one (1) year of initiation. Within fifteen (15) days after completion of the construction of the Pipeline or the performance of any subsequent maintenance thereon, Licensee shall, at Licensee's own cost and expense, restore the Premises to substantially their state as of the Effective Date, unless otherwise approved in advance by Licensor in writing. On or before expiration or termination of this License for any reason, Licensee shall, at its sole cost and expense, surrender the Premises to Licensor pursuant to the terms and conditions set forth in Section 24 hereof.

11.7 Licensor may direct one or more of its field engineers or inspectors to observe or inspect the construction and/or maintenance of the Pipeline at any time for compliance with the Drawings and Specifications and Legal Requirements (defined below). Licensee shall reimburse Licensor for the cost of such observation or inspection related services pursuant to Section 8. If ordered at any time to halt construction or maintenance of the Pipeline by Licensor's personnel due to non-compliance with the Drawings and Specifications or any other hazardous condition, Licensee shall immediately do so. Notwithstanding the foregoing right of Licensor, the parties agree that Licensor has no duty or obligation to observe or inspect, or to halt work on, the Pipeline, it being solely Licensee's responsibility to ensure that the Pipeline is constructed and maintained in strict accordance with the Drawings and Specifications and in a safe and workmanlike manner in compliance with all terms hereof. Neither the exercise of, nor the failure by Licensor to exercise, any right granted by this Section will alter in any way the liability allocation provided by this License. If at any time Licensee shall, in the sole judgment of Licensor, fail to properly perform its obligations under this Section 11, Licensor may, at its option and at Licensee's sole expense, arrange for the performance of such work as it deems necessary for the safety of its operations and activities. Licensee shall promptly reimburse Licensor for all costs and expenses of such work, pursuant to the terms of Section 8. Licensor's failure to perform any obligations of Licensee shall not alter the liability allocation hereunder.

12. Boring and Excavation.

12.1 Prior to Licensee conducting any boring, excavation, or similar work on or about any portion of the Premises, Licensee shall contact the applicable State's call-before-you-dig utility location service to have 3rd parties mark the location of utilities. Licensee shall explore the proposed location for such work with hand tools to a depth of at least three (3) feet below the surface of the

- 4 - Form 424; Rev. 20200605 ground to determine whether pipelines or other structures exist below the surface, provided, however, that in lieu of the foregoing hand-tool exploration, Licensee shall have the right to use suitable detection equipment or other generally accepted industry practice (e.g., consulting with the United States Infrastructure Corporation) to determine the existence or location of pipelines and other subsurface structures prior to drilling or excavating with mechanized equipment.

Licensee shall request information from Licensor concerning the existence and approximate location of Licensor's underground lines, utilities, and pipelines at or near the vicinity of the proposed Pipeline by contacting Licensor's Telecommunications Helpdesk, currently at 1-800- 533-2891 (option1, then option 7), at least ten (10) business days prior to installation of the Pipeline. Upon receiving Licensee's timely request, Licensor will provide Licensee with the information Licensor has in its possession regarding any existing underground lines, utilities, and pipelines at or near the vicinity of the proposed Pipeline and, if applicable, identify the location of such lines on the Premises pursuant to Licensor's standard procedures. Licensor does not warrant the accuracy or completeness of information relating to subsurface conditions of the Premises and Licensee's operations will be subject at all times to the liability provisions herein.

12.2 For all bores greater than 26-inch diameter and at a depth less than 10.0 feet below bottom of rail, a soil investigation must be performed by Licensee and reviewed by Licensor prior to construction. This study is to determine if granular material is present, and to prevent subsidence during the installation process. If the investigation determines in Licensor's reasonable opinion that granular material is present, Licensor may select a new location for Licensee's use, or may require Licensee to furnish for Licensor's review and approval, in Licensor's sole discretion, a remedial plan to deal with the granular material. Once Licensor has approved any such remedial plan in writing, Licensee shall, at Licensee's sole cost and expense, carry out the approved plan in accordance with all terms thereof and hereof.

12.3 No wells shall be installed without prior written approval from Licensor.

12.4 Any open hole, boring, or well constructed on the Premises by Licensee shall be safely covered and secured at all times when Licensee is not working in the actual vicinity thereof. Following completion of that portion of the work, all holes or borings constructed on the Premises by Licensee shall be:

12.4.1 filled in to surrounding ground level with compacted bentonite grout; or

12.4.2 otherwise secured or retired in accordance with any applicable Legal Requirement. No excavated materials may remain on Licensor's property for more than ten (10) days, but must be properly disposed of by Licensee in accordance with applicable Legal Requirements.

LIABILITY AND INSURANCE

13. Liability and Indemnification.

13.1 For purposes of this License: (a) "Indemnitees" means Licensor and Licensor's affiliated companies, partners, successors, assigns, legal representatives, officers, directors, shareholders, employees, and agents; (b) "Liabilities" means all claims, liabilities, fines, penalties, costs, damages, losses, liens, causes of action, suits, demands, judgments, and expenses (including, without limitation, court costs, reasonable attorneys' fees, costs of investigation, removal and remediation, and governmental oversight costs) environmental or otherwise; and (c) "Licensee Parties" means Licensee and Licensee's officers, agents, invitees, licensees, employees, or contractors, or any party directly or indirectly employed by any of them, or any party they control or exercise control over.

13.2 TO THE FULLEST EXTENT PERMITTED BY LAW, LICENSEE SHALL, AND SHALL CAUSE

ITS CONTRACTOR TO, RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS

INDEMNITEES FOR, FROM, AND AGAINST ANY AND ALL LIABILITIES OF ANY NATURE,

- 5 - Form 424; Rev. 20200605

KIND, OR DESCRIPTION DIRECTLY OR INDIRECTLY ARISING OUT OF, RESULTING

FROM, OR RELATED TO (IN WHOLE OR IN PART):

13.2.1 THIS LICENSE, INCLUDING, WITHOUT LIMITATION, ITS ENVIRONMENTAL

PROVISIONS,

13.2.2 ANY RIGHTS OR INTERESTS GRANTED PURSUANT TO THIS LICENSE,

13.2.3 LICENSEE'S OCCUPATION AND USE OF THE PREMISES,

13.2.4 THE ENVIRONMENTAL CONDITION AND STATUS OF THE PREMISES CAUSED BY

OR CONTRIBUTED TO BY LICENSEE, OR

13.2.5 ANY ACT OR OMISSION OF ANY LICENSEE PARTY.

13.3 TO THE FULLEST EXTENT PERMITTED BY LAW, LICENSEE NOW AND FOREVER WAIVES

AND WILL INDEMNIFY, DEFEND, AND HOLD THE INDEMNITEES HARMLESS FROM ANY

AND ALL CLAIMS THAT BY VIRTUE OF ENTERING INTO THIS LICENSE, LICENSOR IS A

GENERATOR, OWNER, OPERATOR, ARRANGER, OR TRANSPORTER FOR THE

PURPOSES OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,

AND LIABILITY ACT, AS AMENDED ("CERCLA") OR OTHER ENVIRONMENTAL LAWS

(DEFINED BELOW). NOTHING IN THIS LICENSE IS MEANT BY EITHER PARTY TO

CONSTITUTE A WAIVER OF ANY INDEMNITEE'S COMMON CARRIER DEFENSES AND

THIS LICENSE SHOULD NOT BE SO CONSTRUED. IF ANY AGENCY OR COURT

CONSTRUES THIS LICENSE TO BE A WAIVER OF ANY INDEMNITEE'S COMMON CARRIER

DEFENSES, LICENSEE AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND

INDEMNITEES FOR ANY LIABILITIES RELATED TO THAT CONSTRUCTION OF THIS

LICENSE. IN NO EVENT AS BETWEEN LICENSOR AND LICENSEE AS TO USE OF THE

PREMISES AS CONTEMPLATED BY THIS LICENSE SHALL LICENSOR BE RESPONSIBLE

TO LICENSEE FOR THE ENVIRONMENTAL CONDITION OF THE PREMISES.

13.4 IF ANY EMPLOYEE OF ANY LICENSEE PARTY ASSERTS THAT HE OR SHE IS AN

EMPLOYEE OF ANY INDEMNITEE, TO THE FULLEST EXTENT PERMITTED BY LAW,

LICENSEE SHALL, AND SHALL CAUSE ITS CONTRACTOR TO, RELEASE, INDEMNIFY,

DEFEND, AND HOLD THE INDEMNITEES HARMLESS FROM AND AGAINST ANY

LIABILITIES ARISING OUT OF OR RELATED TO (IN WHOLE OR IN PART) ANY SUCH

ASSERTION INCLUDING, BUT NOT LIMITED TO, ASSERTIONS OF EMPLOYMENT BY AN

INDEMNITEE RELATED TO THE FOLLOWING OR ANY PROCEEDINGS THEREUNDER:

THE FEDERAL EMPLOYERS' LIABILITY ACT, THE SAFETY APPLIANCE ACT, THE

LOCOMOTIVE INSPECTION ACT, THE OCCUPATIONAL SAFETY AND HEALTH ACT, THE

RESOURCE CONSERVATION AND RECOVERY ACT, AND ANY SIMILAR STATE OR

FEDERAL STATUTE.

13.5 THE FOREGOING OBLIGATIONS OF LICENSEE SHALL NOT APPLY TO THE EXTENT

LIABILITIES ARE PROXIMATELY CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL

MISCONDUCT OF ANY INDEMNITEE, BUT SHALL APPLY TO ALL OTHER LIABILITIES,

INCLUDING THOSE ARISING FROM OR ATTRIBUTED TO ANY OTHER ALLEGED OR

ACTUAL NEGLIGENCE, INTENTIONAL ACTS, OR STRICT LIABILITY OF ANY INDEMNITEE.

13.6 Upon written notice from Licensor, Licensee agrees to assume the defense of any lawsuit or other proceeding brought against any Indemnitee by any entity, relating to any matter covered by this License for which Licensee has an obligation to assume liability for and/or save and hold harmless any Indemnitee. Licensee shall pay all costs and expenses incident to such defense, including, but not limited to, reasonable attorneys' fees, investigators' fees, litigation and appeal expenses, settlement payments, and amounts paid in satisfaction of judgments.

14. Personal Property Risk of Loss. ALL PERSONAL PROPERTY, INCLUDING, BUT NOT LIMITED TO, FIXTURES, EQUIPMENT, OR RELATED MATERIALS UPON THE PREMISES WILL BE AT THE RISK

- 6 - Form 424; Rev. 20200605

OF LICENSEE ONLY, AND NO INDEMNITEE WILL BE LIABLE FOR ANY DAMAGE THERETO OR

THEFT THEREOF, WHETHER OR NOT DUE IN WHOLE OR IN PART TO THE NEGLIGENCE OF ANY

INDEMNITEE.

15. Insurance. Licensee shall, at its sole cost and expense, procure and maintain during the term of this

License the following insurance coverage:

15.1 Commercial General Liability “CGL” Insurance.

a. The policy will provide a minimum of $5,000,000 per occurrence and an aggregate limit of at least $10,000,000 but in no event will the coverage be in an amount less than the amount otherwise carried by Licensee. Coverage must be purchased on a post 2004 ISO occurrence form or equivalent and include coverage for, but not limited to, the following:

Bodily Injury and Property Damage Personal Injury and Advertising Injury Fire legal liability Products and completed operations Contractual Liability for an “Insured Contract” consistent with the definition under the standard ISO general liability policy form.

b. This policy will include the following endorsements or language, which shall be indicated on or attached to the certificate of insurance:

The definition of “Insured Contract” will be amended to remove any exclusion or other limitation for any work being done within 50 feet of Licensor’s property;

Waiver of subrogation in favor of and acceptable to Licensor;

Additional insured endorsement in favor of and acceptable to Licensor and Jones Lang

LaSalle Brokerage, Inc. to include coverage for ongoing and completed operations;

Separation of insureds;

The policy shall be primary and non-contributing with respect to any insurance carried by

Licensor.

c. The parties agree that the workers’ compensation and employers’ liability related exclusions in the CGL policy(s) are intended to apply to employees of the policyholder and will not apply to Licensor’s employees.

d. No other endorsements that limit coverage with respect to Licensee’s obligations under this agreement may be included on the policy.

15.2 Business Automobile Insurance.

a. The insurance will provide minimum coverage with a combined single limit of at least $1,000,000 per accident, and include coverage for, but not limited to the following:

Bodily injury and property damage.

Any and all vehicles owned, used or hired.

b. The policy will include the following endorsements or language, which will be indicated on or attached to the certificate of insurance:

Waiver of subrogation in favor of and acceptable to Licensor;

Additional insured endorsement in favor of and acceptable to Licensor;

Separation of insureds;

The policy shall be primary and non-contributing with respect to any insurance carried by

Licensor.

15.3 Workers' Compensation and Employers' Liability Insurance.

a. The policy will provide coverage of all employees performing any part of the installation or maintenance of the Pipeline including coverage for, but not limited to:

Licensee's statutory liability under the workers' compensation laws of the state(s) in which the work or services under this agreement are to be performed. The policy will cover all

- 7 - Form 424; Rev. 20200605 of Licensee’s employees, regardless of whether such coverage is optional under the law of that state(s).

Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 by disease policy limit, $500,000 by disease each employee.

b. The policy will include contain the following endorsements or language, which shall be indicated on or attached to the certificate of insurance:

Waiver of subrogation in favor of and acceptable to Licensor.

15.4 Railroad Protective Liability Insurance. The policy will name only Licensor as the Insured and will provide coverage of at least $5,000,000 per occurrence and $10,000,000 in the aggregate. The coverage obtained under this policy shall only be effective during the initial installation and/or construction of the Pipeline. THE CONSTRUCTION OF THE PIPELINE SHALL BE COMPLETED WITHIN ONE (1) YEAR OF THE EFFECTIVE DATE. If further maintenance of the Pipeline is needed at a later date, an additional Railroad Protective Liability Insurance Policy shall be required. The policy will be issued on a standard ISO form CG 00 35 12 04 and include the following:

Endorsed to include the Pollution Exclusion Amendment.

Endorsed to include the Limited Seepage and Pollution Endorsement.

Endorsed to remove any exclusion for punitive damages.

Endorsed to include Evacuation Expense Coverage Endorsement.

No other endorsements restricting coverage may be added.

The original policy must be provided to Licensor and Licensee shall not perform any work or services of any kind under this agreement until Licensor has reviewed and approved the policy.

The definition of "Physical Damage to Property" will be endorsed to read: "means direct and accidental loss of or damage to all property owned by any named insured and all property in any named insured's care, custody and control (including, but not limited to rolling stock and their contents, mechanical construction equipment or motive…

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