PROPOSAL TO NORFOLK SOUTHERN RAILWAY COMPANY PROPOSAL FOR DEBUTTS RAIL YARD STORMWATER SEPARATION PROJECT, CHATTANOOGA, TN

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1 Pursuant to your REQUEST FOR QUOTATION DATED November 4, 2016 for the captioned work, the undersigned Contractor proposes, undertakes, and agrees, subject to your approval and acceptance hereof as follows: (a) That this Proposal shall be composed of the following documents, incorporated by reference in and made a part of this Proposal, whether or not they are physically attached hereto, and whose terms and conditions shall jointly comprise the contract between Norfolk Southern Railway Company ( Railway") and the Contractor: 1. PROPOSAL RE. REQUEST FOR PROPOSAL: Environmental-TN NORFOLK SOUTHERN/AECOM SITE SPECIFICATIONS. 3. NORFOLK SOUTHERN/AECOM SITE DRAWINGS. 4. ATTACHMENT A - DEBUTTS BID FORM. 5. ATTACHMENT B - EXPERIENCE STATEMENT. 6. ATTACHMENT C - GEOTECH REPORT. 7. NORFOLK SOUTHERN STANDARD PROJECT CONTRACT. 8. NORFOLK SOUTHERN OPERATING GUIDELINES FOR CONTRACTORS. 9. NORFOLK SOUTHERN INSURANCE AND BONDING REQUIREMENTS. 10. NORFOLK SOUTHER ERAILSAFE INFORMATION. The Contractor agrees to be bound by the above-described terms and conditions and further agrees to perform any ministerial tasks, such as the execution of individual documents in order to facilitate or complete the documentation of a contract. That the Contractor, having carefully examined all of the entire situation surrounding the work proposed, and general labor and material rates and conditions, now obtaining and prospectively to obtain in the territory embraced within the limits of the caption hereof, (b) and relating the same to the specifications, undertakes and obligates for himself, subject to your approval and acceptance hereof, to perform the duties and obligations herein imposed, for and at the prices herein imposed, and that he will confirm his work to the general progress of all the other work contemplated to be performed at the site herein above defined, or as directed by the Railway representative ( Engineer ) or Railway representative's designate. 1

2 (c) (d) That the subscribed Contractor understands, consents, and fully agrees that the quantities, and other data presented and exhibited accompanying this proposal, are tentative only and subject to modification by order and in the discretion, judgment, and decision of the Railway and that such data, quantities, and other information, while informative and roughly approximate for the guidance of the Contractor, shall in no way govern the final estimate of compensation to be paid by Railway to the Contractor for the execution and accomplishment of the work proposed to be undertaken hereunder. That the subscribed Contractor now has available for the work herein contemplated a complete administrative organization reasonably necessary for a going concern, and has sufficient labor and equipment available, and adequate to prosecute the work herein proposed. In accord with the above, the subscribed Contractor provides the following: A listing of proposed subcontractors (with address and contact information) and the major work area to be assigned to each subcontractor. SUBCONTRACTOR, ADDRESS, CONTACT INFORMATION TYPE OF WORK (If additional space is required, please attach a separate sheet using the same format) 2

3 (e) (f) (g) (h) That the subscribed Contractor will, upon acceptance of this proposal, if and when ordered to do so by the Railway, begin the work to be done hereunder without delay after receipt of the written order, and further will diligently prosecute same to completion. The subscribed Contractor understands that time is of the essence in the performance of this contract, and will complete the work as written in the PROPOSED SUMMARY OF PROJECT on the following page. That this proposal constitutes a binding offer that the subscribed Contractor may not revoke for a period of sixty (60) days after the deadline for the receipt of proposals for the work which is the subject of this proposal. The Contractor agrees that this proposal may be accepted by Railway only by a writing executed by Railway. Contractor understands that no employee of Railway has the authority to waive this requirement of written acceptance or to award this work orally. That the subscribed Contractor does hereby agree to and does indemnify and hold harmless Railway from and against any and all loss, cost, expense, and liability (included but not limited to attorney's fees) resulting from the injury or death of any person or damage to any property which arises from, occurs in connection with or is incident to the performance of this service by Contractor. The indemnification extended by Contractor extends also to Norfolk Southern Corporation ( NSC ), any direct or indirect subsidiary of NSC, any officer, director, agent, employee or customer of NSC, and Consolidated Rail Corporation ("CRC"), its affiliates and subsidiaries, and it and their officers, directors, agents, employees, and customers in the event that a Contract is issued by Railway as agent for CRC. That the subscribed Contractor acknowledges receipt of the following Addendum(s) and their incorporation by reference as a part of this Proposal, whether or not they are physically attached hereto: 3

4 (If additional space is required, please attach a separate sheet using the same format). (i) That under the foregoing conditions, the subscribed Contractor does hereby undertake to perform the work which includes Contractor's responsibility for all labor, tools, supplies, superintendence, equipment, transportation and materials unless otherwise provided herein for items listed to wit: PROPOSED SUMMARY OF PROJECT Enter Contractor s best and final total bid price for performing all of the work associated with this Proposal listed on following SCHEDULE OF PRICES, OR ATTACHED EXCEL SPREADSHEET $_ Enter additional pricing for the required 100% PERFORMANCE $ AND PAYMENT BONDS (reference requirements in Section 5.3 of the provided SAMPLE PROJECT CONTRACT. The surety providing the Bond(s) must be on the U.S. Treasury Department s List of Approved Bonding Companies and AIA Form No. A-312 with affixed corporate seals is the only approved format.) TOTAL EXPENSE TO RAILWAY (sum of above two items): $ 4

5 Enter Contractor s best estimate of calendar days required between days date given Notice to Proceed and actual project Start Date: Enter Contractor s best estimate of calendar days required between days Start Date and Completion Date (i.e., days to complete project): AGREED TO BY: Signature and Date: Print Name and Title (if applicable): Company and Address (with ZIP code): Contact Information (Telephone and Fax Numbers, address): Contractor s License (State and Number): 5