"Rail ROW Permit"
Permit Number____________ PERMIT TO BE ON RAILROAD RIGHT-OF-WAY RECITALS: 1. The undersigned party seeking permission to be on CMTA’s Railroad Right-of-Way is hereinafter called “Permittee”. 2. Due to the nature of Railroad operations, Railroad Right-of-Way can be a dangerous place for people and/or property. Railroad’s safety rules and practices shall be strictly observed and followed at all times while on Railroad Right-of-Way. WHEREAS, Permittee desires to obtain temporary permission to enter and be on or about the tracks and /or property of the CAPITAL METRO (hereinafter called “Railroad Right- of-Way”), for the purpose of performing ___________________work on Capital Metro Railroad Right-of-Way. WHEREAS, CMTA is willing to allow the Permittee temporary permission to be on the Railroad Right-of-Way for the purpose aforesaid on the terms and conditions stated herein: NOW THEREFORE, CMTA grants to Permittee temporary permission to be on the Right-of-Way for the purpose above stated, subject to the following conditions: 1. Before exercising any privilege under the permission herein given, Permittee shall contact Capital Metro Rail Operations. 2. Any worker within the rail right-of-way must have successfully completed Roadway Worker Protection Training from Herzog and have proof of training in their possession when occupying the R.O.W. 3. For any work within the foul zone (25’ from the center of the track) the contractor must schedule an EIC (Employee in Charge) through Capital Metro Rail Operations. 4. Permittee shall become familiar with and strictly observe Railroad’s safety rules, regulations, or directions of Capital Metro or its representatives. 5. Permittee shall agree to the terms and conditions of this instrument, and shall so evidence by his execution of same. 6. The above recited permission is granted solely upon the condition that Permittee shall and hereby does agree to indemnify, protect and save harmless, CMTA from any and all loss or damage that CMTA may sustain or become liable for, caused by, resulting from, or by reason of any injury to or death of any persons whomsoever, or destruction of property of any kind to whomsoever belonging, howsoever suffered or caused, regardless of whether caused solely or contributed to in part by the negligence or fault of the Railroad, in or incident to or in connection with the aforesaid work on Railroad Right-of- Way hereinabove referred to. Public Agencies shall indemnify CMTA as herein described to the extent allowed by law. 7. Upon completion of your work, but in no event later than the last day of the term of this agreement, Permittee will remove all of his tools, equipment, and other property of any kind whatsoever, and restore CMTA’s property to substantially the same condition that existed prior to the performance of your work hereunder. 8. This permit may be revoked at any time by the CMTA, but if not revoked shall expire at the end of the last date written below. PLEASE complete the following information and execute in the space marked “By”. You should then FAX a copy to 512-369-6080 or email to Vincent.Sandoval@capmetro.org for execution on behalf of CMTA, after which one copy will be returned to you by fax or email. You must KEEP your fully-executed copy in your possession at all times while on Railroad Right-of-Way. It MUST be shown on request to any Railroad employee or official. . CAPITAL METRO 2910 East Fifth Street Austin, Texas 78702 _____________________________________ (Company Name) _________________________________________ John Hodges Vice President, Capital Projects & Real Estate _____________________________________ _________________________________________ (Street Address) Vincent Sandoval, Manager, Real Estate _________________________________________ _____________________________________ Melvin Clark, Vice President, Rail Operations (City, State, Zip) __________________________________________ Bill Le Jeune, Sr. Director, Rail Operations _____________________________________ _________________________________________ (Telephone) (Return Fax Number) Ella Rogers, Manager, Rail Transportation _____________________________________ _________________________________________ (Email Address) Mark Clendennen, Manager, Rail Systems BY: _________________________________ (Print Name) (Signature) Title: ________________________________ Start Date of Project ____________________/____ End Date of Project ____________________/_____ Location of Project __________________________ (City, County, Mile Post) Please include map of location (ex:- Google, mapsco)