C.D. # 2515-16 Railroad Crossing Improvement - West RepublicL3
WEST
RAILRC
UPRR Folder No.: 2515-16
AUDIT
PUBLIC ROAD CROSSING
IMPROVEMENT AGREEMENT
fY
SING
City Original
UPRR Folder No.: 2515-16
UPRR Audit No.:
PUBLIC ROAD CROSSING
IMPROVEMENT AGREEMENT
West Republic Street= DOT No. 429-005Y
Railroad Mile Post 497.50, on its Trigo Industrial Lead
Salina, Saline County, Kansas
THIS AGREEMENT, executed in duplicate this� day of_� _1 ,
200 $ , by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation
(hereinafter the "Railroad"), and the CITY OF SALINA, a municipal corporation of the State of
Kansas (hereinafter the "City"), WITNESSETH:
RECITALS:
The City has requested the Railroad to improve the existing West Republic Street
crossing, at grade, along, over and across the Railroad's track and right of way at Railroad Mile
Post 497.50, on its Trigo Industrial Lead, DOT No. 429-005Y, in Salina, Saline County, Kansas
to which the Railroad is agreeable, but solely upon terms and conditions hereinafter set forth.
AGREEMENT:
NOW THEREFORE, in consideration of the premises and of the promises and conditions
hereinafter set forth, the parties hereto agree as follows:
SECTION 1.
The exhibits below are attached hereto and hereby made a part hereof.
Exhibit A Railroad Location Print
Exhibit A-1 Detailed Print
Exhibit B Railroad's Material and Force Account Estimate
Exhibit C Railroad Form of Contractor's Right of Entry Agreement
SECTION 2.
The Railroad shall furnish all labor, material, equipment and supervision for:
• Re-lay 160 -feet of track;
• Install 40 -feet of concrete crossing panels;
• Install 35 cross ties;
• Install l carload of ballast and other track and surface materials;
• Engineering, and
• Flagging,
Public Road Crossing hnprovement Agreement Articles of Agreement September 24, 2008
Form Approved -AVP law 11/03/2006 Page 1 of 4
BCA t.CING AMER"
all at the intersection of the Railroad's Trigo Industrial Lead with West Republic Street at the
location heretofore described, as shown generally on the Railroad Location Print marked Exhibit
A, and as specified on the Detailed Print marked Exhibit A-1, each attached hereto and hereby
made a part hereof.
SECTION 3.
The City agrees to reimburse the Railroad for sixty-five percent (65%) of Railroad's
actual labor and material costs associated with the work and materials described in Section 2
above. The Railroad estimates the sixty-five percent (65%) cost to be Thirty -Six Thousand Eight
Hundred Sixty -Eight Dollars ($36,868.00), as set forth in Estimate of Material and Force
Account marked Exhibit B, hereto 'attached and hereby made a part hereof. During the
performance of such work the Railroad will provide progressive billing to City based on
Railroad's actual costs. Actual costs to the Railroad shall include customary additives to
materials, services and labor provided by the Railroad. Within 120 Days after Railroad has
completed its work, the. Railroad will submit a final billing to City for any balance owed. City
shall pay the Railroad within thirty (30) days of its receipt of all bills submitted by the Railroad.
SECTION 4.
The Railroad, at its cost, shall maintain the crossing between the track tie ends. If, in the
future, the City elects to have the surfacing material between the track tie ends replaced with
paving or some surfacing material other than timber 'planking, the Railroad, at the City's expense,
shall install such replacement surfacing.
SECTION 5.
'The City, at its sole cost and expense, shall provide traffic control, barricades, and all
detour signing for the crossing work, provide all labor, material and equipment to install concrete
or asphalt street approaches, and if required, will install advanced warning signs, and pavement
markings in compliance and conformance with the Manual on Uniform Traffic Control Devices.
SECTION 6.
If City's contractor(s) is/are performing any work described in Section 5 above, then the
City shall require its contractor(s) to execute the Railroad's standard and current form of
Contractor's Right of Entry Agreement attached hereto as Exhibit C and hereby mad a part
hereof. City acknowledges receipt of a copy of the Contractor's Right of Entry Agreement and
understanding of its terms, provisions, and requirements, and will inform its contractor(s) of the
need to execute the Agreement. Under no circumstances will the City's contractor(s) be allowed
onto the Railroad's premises without first executing the Contractor's Right of Entry Agreement.
SECTION 7.
Fiber optic cable systems may be buried on the Railroad's property. Protection of the
fiber optic cable systems is of extreme, importance since any break could disrupt service to users
resulting in business interruption and loss of revenue and profits. City or its contractor(s) shall
telephone the Railroad during normal business hours (7:00 a.m. to 9:00 p.m., Central Time,
Monday through Friday, except holidays) at 1-800-336-9193 (also a 24-hour number, 7 day
Public Road Crossing Improvement Agreement Articles of Agreement September 24, 2008
Form Approved -AVP Law 11/03/2006 Page 2 of 4
BUILDING AMERMM
Railroad's premises to be used by the City or its contractor(s). If it is, City or its contactor(s) will
telephone the telecommunications company(ies) involved, arrange for a cable locator, and make
arrangements for relocation or other protection of the fiber optic cable prior to beginning any
work on the Railroad's premises.
SECTION 8.
The City, for itself and for its successors and assigns, hereby waives any right of
assessment against the Railroad, as an adjacent property owner, for any and all improvements
made under this agreement.
SECTION 9.
Covenants herein shall inure to or bind each party's successors and assigns; provided, no
right of the City shall be transferred or assigned, either voluntarily or involuntarily, except by
express written agreement acceptable to the Railroad.
SECTION 10.
The City shall, when returning this agreement to the Railroad (signed), cause same to be
accompanied by such Order, Resolution, or Ordinance of the governing body of the City, passed
and approved as by law prescribed, and duly certified, evidencing the authority of the person
executing this agreement on behalf of the City with the power so to do, and which also will
certify that funds have been appropriated and are available for the payment of any sums herein
agreed to be paid by City.
ARTICLE 11.
Upon execution and delivery of this Agreement, the City shall pay to the Railroad an
administrative handling charge of ONE THOUSAND DOLLARS ($1,000.00).
Public Road Crossing Improvement Agreement Articles of Agreement September 24, 2008
Form Approved -AVP Law 11/03/2006 Page 3 of.4
17N3f:N
_ 4iaCkilG
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of
the date and year first hereinabove written.
UNION PACIFIC RAILROAD COMPANY
(Federal Tax I, p #94-6001323)
ATTEST:
Title: UAL U
(Seal)
Contracts
CITY OF SALINA
By
)---,b-
Title:
Pursuant to �—.- No. 00- 2-1
dated nl)1%h,.e- A4 � 11cob
hereto attached.
Public Road Crossing Improvement Agreement Articles of Agreement September 24, 2008
Form Approved -AVP Law 11/03/2006 Page 4 of 4
N
Excerpt of November 24, 2008 Minutes
(8.6) Authorize an agreement with Union Pacific Railroad for the 2009 Railroad
Crossing Improvements.
Dan Stack, City Engineer, explained the project, project funding, and
agreement.
Sheryl Cole, 153 S. Front Street, questioned whether the railroad tracks on
4t' Street would be closed. Mayor Vanier noted that the Department of Public Works
would be able to answer her questions.
08-7621 Moved by Commissioner Jilka, seconded by Commissioner Peck, to authorize an
agreement with Union Pacific Railroad for the 2009 Railroad Crossing
Improvements. Aye: (4). Nay: (0). Motion carried.
F11
RAILROAD LOCATION PRINT OF AN EXISTING
AT -GRADE PUBLIC ROAD CROSSING
RECONSTRUCTION PROJECT
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Date use sd*d to 5==. n
OM DaLo =. Street Atlas USA@ 2005. 1000 2000
W W W.&ft=.= 191 to s' E) Data Zoom 13,0
RAILROAD WORK TO BE PERFORMED:
1. Re-lay 160 -feet of track; Install 40 -feet of concrete crossing
panels; Install 35 cross ties; Install 1 carload of ballast and other
track and surface materials;
2. Re -install signal warning devices;
3. Engineering Design Review and Flagging.
EXHIBIT "A"
UNION PACIFIC RAILROAD COMPANY
TRIGO INDUSTRIAL LEAD
MILE POST 497.50
GPS: N 38° 49.193', W 971 37.329'
SALINA, SALINE CO., KS.
Location print of an existing at -grade public road
crossing reconstruction project with the CITY OF SALINA.
Folder No. 2515-16 Date: October 14, 2008
WARNING
IN ALL OCCASIONS, U.P. COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE: 1{800) 336-9193
Exhibit A
Railroad Location Print
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Date use sd*d to 5==. n
OM DaLo =. Street Atlas USA@ 2005. 1000 2000
W W W.&ft=.= 191 to s' E) Data Zoom 13,0
RAILROAD WORK TO BE PERFORMED:
1. Re-lay 160 -feet of track; Install 40 -feet of concrete crossing
panels; Install 35 cross ties; Install 1 carload of ballast and other
track and surface materials;
2. Re -install signal warning devices;
3. Engineering Design Review and Flagging.
EXHIBIT "A"
UNION PACIFIC RAILROAD COMPANY
TRIGO INDUSTRIAL LEAD
MILE POST 497.50
GPS: N 38° 49.193', W 971 37.329'
SALINA, SALINE CO., KS.
Location print of an existing at -grade public road
crossing reconstruction project with the CITY OF SALINA.
Folder No. 2515-16 Date: October 14, 2008
WARNING
IN ALL OCCASIONS, U.P. COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE: 1{800) 336-9193
Exhibit A
Railroad Location Print
ar
rigo Industrial Lead
i
I
r
Date use sd*d to 5==. n
OM DaLo =. Street Atlas USA@ 2005. 1000 2000
W W W.&ft=.= 191 to s' E) Data Zoom 13,0
RAILROAD WORK TO BE PERFORMED:
1. Re-lay 160 -feet of track; Install 40 -feet of concrete crossing
panels; Install 35 cross ties; Install 1 carload of ballast and other
track and surface materials;
2. Re -install signal warning devices;
3. Engineering Design Review and Flagging.
EXHIBIT "A"
UNION PACIFIC RAILROAD COMPANY
TRIGO INDUSTRIAL LEAD
MILE POST 497.50
GPS: N 38° 49.193', W 971 37.329'
SALINA, SALINE CO., KS.
Location print of an existing at -grade public road
crossing reconstruction project with the CITY OF SALINA.
Folder No. 2515-16 Date: October 14, 2008
WARNING
IN ALL OCCASIONS, U.P. COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE: 1{800) 336-9193
Exhibit A
Railroad Location Print
--W(S) T.T.STATION
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Son T.T.STATION ----"
ADDED PREEMPTION TUM. _SVC.
ADDED C.T.=..—SSC.
sc MA& T. T.SPEED•10 -- M.P.B.
Slo a
Bc-BG
S"c.rry�6Gr � .
M io >�o R0
XX = BELL
SIDE a aII m w NEEDED SHOW PLACEMENT
CANT A CITY �4%!O
CANT' B �c..i
O C - CL OF MAST TO CL OF ?RAC$ STATE
D = EDGE OF TRAVELED WAY TO CL OF MAST STREET NAME u>'ss 101
E = CL OF MAST TO CL OF TRACK
F = WOE OF TRAVELED WAY TO CL OF MAST M.P.
O = EDGE OF 6:6 TO NEAR RAII. SUBDIVISION
H = EDGE OF TRAVELED WAY TO EDGE OF 6A _f D G $ Y
I=ANC3LS OF CROSSING D'
J= LANE WID'M , j
X - WIDTE OF ROADWAY (PARALLM TO TRACE IF CROSSING IS OTHER THA; 90° DATE Z W d B
ANY ADDITIONAL INFORMAI'TON THAT IS NEEDED To COMPLETE�1L �
THIS PROJECT' SHOULD BE ADDED DRAWN BY
AWO f�8-S�"6
. ,
Railro
stimate
j
DATE: 2008-07-16
ESTIMATE OF MTERIAL AND FORCE ACCOUNT WORK
BY THE
UNION PACIFIC RAILROAD
THIS SSTIMTS GOOD FOR 6 MONTHS EXPIRATION•DATE IS :2009-01-14.
DESCRIPTION OF WORK:
ROAD CROSSING RECOLLECT - TRIGO IND LD. - NP 497.50 - REPUBLIC STREET.
65% RECOLLECT PROAL STATE OF KANSAS,35k UPRR,FBDERAL RATE OF 20St.
(1) KING LOCATION a 40 TF ( CONCRETE CROSSING )'
(1) CAR OF BALLAST
MISC SIGNAL WORK.
PID: 62325 AWO: 88558 MP,SUBDIV: 497.50, TRIGO
SERVICE UNIT: 14 CITYt SALINA STATS; KS
DESCRIPTION QTY UNIT LABOR MATBRIAL RECOLL UPRR TOTAL
ENGINEERING WORK
ENGINEERING
703
457
246
703
TOTAL ENGINEERING
703
4S7
246
703
SIGNAL WORK
BILL PREP
900
SOS
31S
900
ENVIROMENTAL PERMIT'
1
1
1
EQUIP RENT W/OPERATOR
3000
1950
1050
3000
NOME LINE FREIGHT
900
585
315
900
LABOR ADDITIVE 205k
9143
5943
3200
9143
SALES TAX
2
1
1
2
SAW CUT STREET APPROACH
600
32S
175
500
SIGNAL
1017
1069
1355
731'
2086
TOTAL SIGNAL
-------
--------
10160
--------
6372
--------
10744
5788
--------
16532
TRACK &=SURFACE WORK
BALAST
1.00 CL
759
752
982
529
1511
FIELD WELD
S2
34
18
S2
LABOR ADDITIVE 2051
9580
6232
3348
9580
MM STORE EXPENSE
203
132
71
203
OTM
416
2072
1617
871
2488
RAIL
160.00 LF
S6S
2507
1997
1075
3072
RUXING
40.00 TP
2477
8096
6872
3701
LOS73
SALES TAX
669
433
236
669
TK8-SURF, LIN
2567
1669
898
2567
WELD
1702
2S4
1271
685
1956
XTIE
35.00 EA
3562
3106
4334
2334
6668
TOTAL TRACK & SURFACE
-------
-------
--------
21680
--------
--------
17659
--------
25573
--------
13766
39339
LABOR/MATERIAL EXPENSE 32543 24031----------------
PJ=LLECTIBLE/UPRR EXPENSE 36868 19706 -- ---
ESTIMATED PROJECT COST 56574
EXISTING REUSEABLE MATERIAL CREDIT 0
SALV&GE•NONUSEASLE MATERIAL CREDIT O
EECOLLECTIBLE LESS CREDITS
THE ABOVE FIGURES ARE ESTIMATES ONLY AND SUBJECT TO FLUCTUATION. IN THE EVENT OF
AN IECREASR OR DECREASE IN THE COST OR QUANTITY OF MATERIAL OR LABOR RBQUIRSD,
UPRR WILL.BILL FOR ACTUAL CONSTRUCTION COSTS AT TUB CURRENT EFFECTIVE RATE.
Exhibit B
Railroad's Track, Surface & Signal Material Estimate
September 11, 2008
To the Contractor:
UPRR Folder No.: 2515-16
Before Union Pacific Railroad Company can permit you to perform work on its property for the
reconstruction of the existing West Republic Street at -grade public road crossing, it will be necessary for you
to complete and execute two originals of the enclosed Contractor's Right of Entry Agreement. Please:
1. 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.
2. Fill in the date construction will begin and be completed in Article 5, Paragraph A.
3. 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.
4. Execute and return all copies of the Contractor's Right of Entry Agreement together with your
Certificate of Insurance as required in Exhibit B, in the attached, self-addressed envelope.
5. Include a 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 94-6001323 is the
Railroad Company's correct Federal Taxpayer Identification Number and that Union Pacific Railroad
Company is doing business as a corporation.
Under Exhibit B of the enclosed Contractor's Right of Entry Agreement, 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 Mr. Mike McGrade of Marsh USA @ 800-729-7001, e-mail:
william.i.smith@marsh.com.
This agreement will not be accepted by the Railroad Company until you have returned all of the
following to the undersigned at Union Pacific Railroad Company:
1. Executed, unaltered duplicate original counterparts of the Contractor's Right of Entry Agreement;
2. Your check in the amount of $500.00 to pay the required balance due of the required Contractor's
Right of Entry fee. (The Folder Number and the name "Paul G. Farrell" should be written on the
check to insure proper credit). If you require formal billing, you may consider this letter as a formal
bill;
3. Copies of all of your un -to -date General Liability, Auto Liability & Workman's Compensation
Insurance Certificates (yours and 'all contractors), naming Union Pacific Railroad Company as
additional insured;
Real Estate Department
UNION PACIFIC RAILROAD COMPANY
1400 Douglas Street, MS 1690
Omaha, Nebraska 68179-1690
fax: 402.501.0340
4.
day!
Copy of your up-to-date Railroad Protective Liability Insurance Certificate (yours and all
contractors ), naming Union Pacific Railroad Company as additional insured.
RETURN ALL OF THESE REQUIRED ITEMS TOGETHER IN ONE ENVELOPE.
DO NOT MAIL ANY ITEM SEPARATELY.
If you have any questions concerning this agreement, please contact me as noted below. Have a safe
Pau/ 6. Farrell
Senior Manager Contracts
Phone: (402) 544-8620
e-mail: pgfarrell@up.com
Real Estate Department
UNION PACIFIC RAILROAD COMPANY
1400 Douglas Street, MS 1690
Omaha, Nebraska 68179-1690
fax: 402.501.0340
Contractor's ROE (Generic) 08-15-07
Form Approved - AVP Law
BUILMIGr AMER1W
UPRR Folder No.: 2515-16
UPRR Audit No.:
CONTRACTOR'S RIGHT OF ENTRY
:AGREEMENT
THIS AGREEMENT is made and entered into as of the day of ,
200_, by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation
("Railroad"); and
a
(State of Corporation)
RECITALS:
(NAME OF CONTRACTOR)
corporation ("Contractor").,
Contractor has been hired by the City of Salina to perform work relating to the reconstruction of
the existing West Republic Street at -grade public road crossing (the "work"), with all or a portion of
such work to be performed on property of Railroad in the vicinity of the Railroad's Mile Post 497.50
on the Railroad's Trigo Industrial Lead in Salina, Saline County, Kansas, as such location is in the
general location shown on the Railroad Location Print marked Exhibit A, attached hereto and hereby
made a part hereof, which work is the subject of a contract dated
between Railroad and the City of Salina. (Date of C&MAgreement)
The Railroad is willing to permit the Contractor to perform the work described above at the
location described above subject to the terms and conditions contained in this Agreement
AGREEMENT:
NOW, THEREFORE, it is mutually agreed by and between Railroad and Contractor, as
follows:
ARTICLE 1- DEFINITION OF CONTRACTOR.
For purposes of this Agreement, all references in this agreement to Contractor shall include
Contractor's contractors, subcontractors, officers, agents and employees, and others acting under its
or their authority.
ARTICLE 2 - RIGHT GRANTED: PURPOSE.
Railroad hereby grants to Contractor the right, during the term hereinafter stated and upon and
subject to each and all of the terms, provisions and conditions herein contained, to enter upon and
have ingress to and egress from the property described in the Recitals for the purpose of performing
the work described in the Recitals above. The right herein granted to Contractor is limited to those
Contractor's ROE (Generic) 08-15-07 Page 1 of 4 September 11, 2008
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portions of Railroad's property specifically described herein, or as designated by the Railroad
Representative named in Article 4.
ARTICLE 3 - TERMS AND CONDITIONS CONTAINED IN EXHIBITS B. C & D.
The terms and conditions contained in Exhibit B, Exhibit C and Exhibit D, attached hereto, are
hereby made a part of this Agreement.
ARTICLE 4 - ALL EXPENSES TO BE BORNE BY CONTRACTOR; RAILROAD
REPRESENTATIVE.
A. Contractor shall bear any and all costs and expenses associated with any work performed by
Contractor, or any costs or expenses incurred by Railroad relating to this Agreement.
B. Contractor shall coordinate all of its work with the following Railroad representative or his or her
duly authorized representative (the "Railroad Representative"):
Larry Huddleston
Manager Track Maintenance
Union Pacific Railroad Company
RR I Box 14
Alexandra KS 67513
Phone: (719) 962-3201
Fax: (719) 962-3225
Cell: (620) 242-5221
Jaret Jenkins
Manager Signal Maintenance
Union Pacific Railroad Company
5' & B Street
Fairbury, NE 68352
Phone: 402-729-6658
Cell: 402-960-5548
C. Contractor, at its own expense, shall adequately police and supervise all work to be performed by
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 Contractor for safe conduct and adequate policing and
supervision of Contractor's work shall not be 'lessened or otherwise affected by Railroad's
approval of plans and specifications involving the work, or by Railroad's collaboration in
performance of any work, or by the presence at the work site of a Railroad Representative, or by
compliance by Contractor with any requests or recommendations made by 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
(Expiration Date)
at such time as Contractor has 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's property.
B. This Agreement may be terminated by either party on ten (10) days written notice to the other
ply.
Contractor's ROE (Generic) 08-15-07
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Page 2 of 4
September 11, 2008
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ARTICLE 6 - CERTIFICATE OF INSURANCE.
A. Before commencing any work, Contractor will provide Railroad with the (i) insurance binders,
policies, certificates and endorsements set forth in Exhibit C of this Agreement, and (ii) the
insurance endorsements obtained by each subcontractor as required under Section 12 of Exhibit
B of this Agreement.
B. All insurance correspondence, binders, policies,!, certificates and endorsements shall be sent to:
Union Pacific Railroad Company
Real Estate Department
1400 Douglas Street, MS 1690
Omaha, NE 68179-1690
UPRR Folder No.: 2515-16
ARTICLE 7 - DISMISSAL OF CONTRACTOR'S EMPLOYEE.
At the request of Railroad, Contractor shall remove from Railroad's property any employee of
Contractor 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's property.
ARTICLE 8 - ADMINISTRATIVE FEE.
Upon the execution and delivery of this Agreement, 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.
ARTICLE 9 - CROSSINGS.
No additional vehicular crossings (including temporary haul roads) or pedestrian crossings over
Railroad's trackage shall be installed or used by Contractor without the prior written permission of
Railroad.
ARTICLE 10 - EXPLOSIVES.
Explosives or other highly flammable substances shall not be stored on Railroad's property
without the prior written approval of Railroad.
Contractor's ROE (Generic) 08-15-07 Page 3 of 4 September 11, 2008
Form Approved - AVP Law
Contractor's ROE (Generic) 08-15-07
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IN WITNESS WHEREOF, 1 the parties hereto have duly executed this agreement in
duplicate as of the date first herein written.
UNION PACIFIC RAILROAD COMPANY
(Federal Tax ID #94-6001323)
PAUL G. FARRELL
Senior Manager Contracts
(Name of Contractor)
Title:
Contractors ROE (Generic) 08-15-07 Page 4 of 4' September 11, 2008
Form Approved - AVP Law
N
1 1RAILROAD LOCATION PRINT
w_ -E ACCOMPANYING A
V 11
RAILROAD WORK TO BE PERFORMED: I EXHIBIT "A"
1. Re-lay 160 -feet of track; Install 40 -feet of concrete crossing
panels; Install 35 cross ties; Install l carload of ballast and other
track and surface materials;
2. Re -install signal warning devices;
3. Engineering Design Review and Flagging.
UNION PACIFIC RAELROAD COMPANY
TRIGO INDUSTRIAL LEAD
MILE POST 497.50
GPS: N 38° 49.193', W 970 37.329'
SALINA, SALINE CO., KS.
To accompany Contractor's Right of Entry Agreement with
(Name of Contractor)
for an existing at -grade public road crossing reconstruction project.
Folder No. 2515-16 Date: September 11, 2008
WARNING
IN ALL OCCASIONS, U.P. COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE: 1{800) 336-9193 11
Exhibit A
Railroad Location Print
Contractor's ROE (Generic) - ExB
Form Approved - AVP Law 07-09-07 BUILMNG AMERICA"
'�► EXHIBIT B
TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT
TERMS AND CONDITIONS
Section 1. NOTICE OF COMMENCEMENT OF WORK - FLAGGING.
A. Contractor agrees to notify the Railroad Representative at least ten (10) working days in advance of Contractor commencing its
work and at least ten (10) working days in advance of proposed performance of any work by Contractor in which any person or
equipment will be within twenty-five (25) feet of any track, or will be near enough to any track that any equipment extension (such
as, but not limited to, a crane boom) will reach to within twenty-five (25) feet of any track. No work of any kind shall be
performed, and no person, equipment, machinery, tool(s), material(s), vehicle(s), orthing(s) shall be located, operated, placed, or
stored within twenty-five (25) feet of any of Railroad's track(s) at anytime, for any reason, unless and until a Railroad flagman is
provided to watch for trains. Upon receipt of such ten (10)-day'notice, the Railroad Representative will determine and inform
Contractor whether a flagman need be present and whether Contractor needs to implement any special protective or safety
measures. If flagging or other special protective'or safety measures are performed by Railroad, Railroad will bill Contractor for
such expenses incurred by Railroad, unless Railroad and a federal, state or local governmental entity have agreed that Railroad
is to bill such expenses to the federal, state or local governmental entity. If Railroad will be sending the bills to Contractor,
Contractor shall pay such bills within thirty (30) days of Contractor's receipt of billing. If Railroad performs any flagging, or other
special protective or safety measures are performed by Railroad, Contractor agrees that Contractor is not relieved of any of its
responsibilities or liabilities set forth in this Agreement.
B. The rate of pay per hour for each flagman will be the prevailing hourly rate in effect for an eight-hour day for the class of flagmen
used during regularly assigned hours and overtime in accordance with LaborAgreements and Schedules in effect at the time the
work is performed. In addition to the cost of such labor, a composite charge for vacation, holiday, health and welfare,
supplemental sickness, Railroad Retirement and unemployment:compensation, supplemental pension, Employees Liability and
Property Damage and Administration will be included, computed on actual payroll. The composite charge will be the prevailing
composite charge in effect at the time the work is' performed. One and one-half times the current hourly rate is paid for overtime,
Saturdays and Sundays, and two and one-half times current hourly rate for holidays. Wage rates are subject to change, at any
time, by law or by agreement between Railroad and its employees, and may be retroactive as a result of negotiations or a ruling
of an authorized governmental agency. Additional charges on labor are also subject to change. If the wage rate or additional
charges are changed, Contractor (or the governmental entity, as applicable) shall pay on the basis of the new rates and charges.
C. Reimbursement to Railroad will be required covering the full eight-hour day during which any flagman is furnished, unless the
flagman can be assigned to other Railroad work during a portion of such day, in which event reimbursement will not be required
for the portion of the day during which the flagman is engaged in other Railroad work. Reimbursement will also be required for
any day not actually worked by the flagman following the flagman's assignment to work on the project for which Railroad is
required to pay the flagman and which could not reasonably be: avoided by Railroad by assignment of such flagman to other
work, even though Contractor may not be working during such time. When it becomes necessary for Railroad to bulletin and
assign an employee to a flagging position in compliance with union collective bargaining agreements, Contractor must provide
Railroad a minimum of five (5) days notice prior to the cessation of the need for a flagman. If five (5) days notice of cessation is
not given, Contractor will still be required to pay flagging charges for the five (5) day notice period required by union agreement
to be given to the employee, even though flagging is not required`forthat period. An additional ten (10) days notice must then be
given to Railroad if flagging services are needed again after such five day cessation notice has been given to Railroad.
Section 2. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED
A. The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation of the Railroad to use and
maintain its entire property including the right and power of Railroad to construct, maintain, repair, renew, use, operate, change,
modify or relocate railroad tracks, roadways, signal, communication, fiber optics, or other wirelines, pipelines and other facilities
upon, along or across any or all parts of its property, all or any of which may be freely done at any time or times by Railroad
without liability to Contractor or to any other party for compensation or damages.
B. The foregoing grant is also subject to all outstanding superior',rights (including those in favor of licensees and lessees of
Railroad's property, and others) and the right of Railroad to renew and extend the same, and is made without covenant of title or
for quiet enjoyment.
Section 3.
A. Contractor shall conduct its operations so as not to interfere with the continuous and uninterrupted use and operation of the
railroad tracks and property of Railroad, including without limitation, the operations of Railroad's lessees, licensees or others,
unless specifically authorized in advance by the Railroad Representative. Nothing shall be done or permitted to be done by
Contractor at any time that would in any manner impair the safetyof such operations. When not in use, Contractor's machinery
Contractor's ROE (Generic) - ExB Page 1 of 3 Exhibit B
Form Approved - AVP Law 07-09-07
Terms &Conditions
To Contractor's Right of Entry Agreement
Contractor's ROE (Generic) - ExB
Form Approved - AVP Law 07-09-07
BUILDING AMER" It
wand materials shall be kept at least fifty (50) feet from the centerline of Railroad's nearest track, and there shall be no vehicular
crossings of Railroads tracks except at existing open public crossings.
B. Operations of Railroad and work performed by Railroad personnel and delays in the work to be performed by Contractor caused
by such railroad operations and work are expected by Contractor, and Contractor agrees that Railroad shall have no liability to
Contractor, or any other person or entity for any such delays. The Contractor shall coordinate its activities with those of Railroad
and third parties so as to avoid interference with railroad operations. The safe operation of Railroad train movements and other
activities by Railroad takes precedence over any work to be performed by Contractor.
Section 4. LIENS.
Contractor shall pay in full all persons who perform labor or provide materials for the work to be performed by Contractor.
Contractor shall not create, permit or suffer any mechanic's or materialmen's liens of any kind or nature to be created or enforced
against any property of Railroad for any such work performed. Contractor shall indemnify and hold harmless Railroad from and
against any and all liens, claims, demands, costs or expenses of whatsoever nature in any way connected with or growing out of
such work done, labor performed, or materials furnished. If Contractor fails to promptly cause any lien to be released of record,
Railroad may, at its election, discharge the lien or claim of lien at Contractor's expense.
Section 5. PROTECTION OF FIBER OPTIC CABLE SYSTEMS.
A. Fiber optic cable systems may be buried on Railroad's property. Protection of the fiber optic cable systems is of extreme
importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits.
Contractor shall telephone Railroad during normal business hours (7:00 a.m. to 9:00 p.m. Central Time, Monday through Friday,
except holidays) at 1-800-336-9193 (also a 24-hour, 7 -day number for emergency calls) to determine if fiber optic cable is buried
anywhere on Railroad's property to be used by Contractor. If it is, Contractor will telephone the telecommunications
company(ies) involved, make arrangements for a cable locator and, if applicable, for relocation or other protection of the fiber
optic cable. Contractor shall not commence any work until' all such protection or relocation (if applicable) has been
accomplished.
B. In addition to other indemnity provisions in this Agreement, Contractor shall indemnify, defend and hold Railroad harmless from
and against all costs, liability and expense whatsoever (including, without limitation, attomeys' fees, court costs and expenses)
arising out of any act or omission of Contractor, its agents and/or'employees, that causes or contributes to (1) any damage to or
destruction of any telecommunications system on Railroad's property, and/or (2) any injury to or death of any person employed
by or on behalf of any telecommunications company, and/or its contractor, agents and/or employees, on Railroad's property.
Contractor shall not have or seek recourse against Railroad for any claim or cause of action for alleged loss of profits or revenue
or loss of service or other consequential damage to a telecommunication company using Railroad's property or a customer or
user of services of the fiber optic cable on Railroad's property.
Section 6. PERMITS - COMPLIANCE WITH LAWS.
In the prosecution of the work covered by this Agreement, Contractor shall secure any and all necessary permits and shall
comply with all applicable federal, state and local laws, regulations and enactments affecting the work including, without limitation, all
applicable Federal Railroad Administration regulations.
Section 7. SAFETY.
A. Safety of personnel, property, rail operations and the public is of paramount importance in the prosecution of the work performed
by Contractor. Contractor shall be responsible for initiating, maintaining and supervising all safety, operations and programs in
connection with the work. Contractor shall at a minimum comply with Railroad's safety standards listed in Exhibit C, hereto
attached, to ensure uniformity with the safety standards followed by Railroad's own forces. As a part of Contractor's safety
responsibilities, Contractor shall notify Railroad if Contractor determines that any of Railroad's safety standards are contrary to
good safety practices. Contractor shall furnish copies of Exhibit C to each of its employees before they enter the job site.
B. Without limitation of the provisions of paragraph A above, Contractor shall keep the job site free from safety and health hazards
and ensure that its employees are competent and adequately trained in all safety and health aspects of the job.
C. Contractor shall have proper first aid supplies available on the job site so that prompt first aid services may be provided to any
person injured on the job site. Contractor shall promptly notify Railroad of any U.S. Occupational Safety and Health
Administration reportable injuries. Contractor shall have a nondelegable duty to control its employees while they are on the job
site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession
any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.
D. If and when requested by Railroad, Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work
(the "Safety Plan"), Railroad shall have the right,but not the obligation, to require Contractor to correct any deficiencies in the
Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety
Plan.
Contractor's ROE (Generic) - ExB Page 2 of i3 Exhibit B
Form Approved - AVP Law 07-09-07 Terms & Conditions
To Contractor's Right of Entry Agreement
Contractor's ROE (Generic) - ExB
Form Approved - AVP Law 07-09-07 SUIUNNG AMERMW
Sion 8. INDEMNITY.
A. To the extent not prohibited by applicable statute, Contractor shall indemnify, defend and hold harmless Railroad, its affiliates,
and its and their officers, agents and employees ("Indemnified Parties") from and against any and all loss, damage, injury,
liability, claim, demand, cost or expense (including, without limitation, attomey's, consultant's and expert's fees, and court costs),
fine or penalty (collectively, "loss") incurred by any person (including, without limitation, any indemnified party, contractor, or any
employee of contractor or of any indemnified party) arising out of or in any manner connected with (i) any work performed by
Contractor, or (ii) any act or omission of Contractor, its officers,'agents or employees, or (iii) any breach of this Agreement by
Contractor.
B. The right to indemnity under this Section 8 shall accrue upon occurrence of the event giving rise to the loss, and shall apply
regardless of any negligence or strict liability of any indemnified parry, except where the loss is caused by the sole active
negligence of an indemnified party as established by the final judgment of a court of competent jurisdiction. The sole active
negligence of any indemnified party shall not bar the recovery of any other indemnified party.
C. Contractor expressly and specifically assumes potential liability under this Section 8 for claims or actions brought by Contractor's
own employees. Contractor waives any immunity it may have under worker's compensation or industrial insurance acts to
indemnify Railroad under this Section 8. Contractor acknowledges that this waiver was mutually negotiated by the parties
hereto.
D. No court or jury findings in any employee's suit pursuant to any worker's compensation act or the federal employers' liability act
against a party to this Agreement may be relied ;upon or used by Contractor in any attempt to assert liability against Railroad.
E. The provisions of this Section 8 shall survive the completion of any work performed by Contractor or the termination or expiration
of this Agreement. In no event shall this Section 8 or any other provision of this Agreement be deemed to limit any liability
Contractor may have to any indemnified party by statute or under common law.
Section 9. RESTORATION OF PROPERTY.
In the event Railroad authorizes Contractor to take down any fence of Railroad or in any manner move or disturb any of the other
property of Railroad in connection with the work to be performed by Contractor, then in that event Contractor shall, as soon as
possible and at Contractor's sole expense, restore such fence and other property to the same condition as the same were in before
such fence was taken down or such other property was moved or disturbed. Contractor shall remove all of Contractor's tools,
equipment, rubbish and other materials from Railroad's property promptly upon completion of the work, restoring Railroad's property
to the same state and condition as when Contractor entered thereon.
Section 10. WAIVER OF DEFAULT.
Waiver by Railroad of any breach or default of any condition, covenant or agreement herein contained to be kept, observed and
performed by Contractor shall in no way impair the right of Railroad to avail itself of any remedy for any subsequent breach or default.
Section 11. MODIFICATION - ENTIRE AGREEMENT.
No modification of this Agreement shall be effective unless made in writing and signed by Contractor and Railroad. This
Agreement and the exhibits attached hereto and made a part hereof constitute the entire understanding between Contractor and
Railroad and cancel and supersede any prior negotiations, understandings or agreements, whetherwritten or oral, with respect to the
work to be performed by Contractor.
Section 12. ASSIGNMENT - SUBCONTRACTING.
Contractor shall not assign or subcontract this Agreement, or any interest therein, without the written consent of the Railroad.
Contractor shall be responsible for the acts and omissions of all subcontractors. Before Contractor commences any work, the
Contractor shall, except to the extent prohibited by law; (1) require each of its subcontractors to include the Contractor as "Additional
Insured" in the subcontractor's Commercial General Liability policy and Business Automobile policies with respect to all liabilities
arising out of the subcontractor's performance of work on behalf of the Contractor by endorsing these policies with ISO Additional
Insured Endorsements CG 20 26, and CA 20 48 (or substitute forms providing equivalent coverage; (2) require each of its
subcontractors to endorse their Commercial General Liability Policy with "Contractual Liability Railroads" ISO Form CG 24 17 10 01
(or a substitute form providing equivalent coverage); for the job site'; and (3) require each of its subcontractors to endorse their
Business Automobile Policy with "Coverage For Certain Operations In Connection With Railroads" ISO Form CA 20 7010 01 (or a
substitute form providing equivalent coverage) for the job site.
Contractor's ROE (Generic) - ExB Page 3 of 3 Exhibit B
Form Approved - AVP Law 07-09-07 Terms & Conditions
To Contractor's Right of Entry Agreement
Contractor's ROE (Generic) - ExC
Form Approved - AVP Law 08-15-07 g1 Ul"11Cw AMER"
EXHIBIT C
TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT
INSURANCE PROVISIONS
Contractor shall, at its sole cost and expense, procure and maintain during the course of the Project and until all Project work on
Railroad's property has been completed and the Contractor has removed all equipment and materials from Railroad's property and
has cleaned and restored Railroad's property to Railroad's satisfaction, the following insurance coverage:
A. Commercial General Liability Insurance. Commercial general liability (CGL) with a limit of not less than $5,000,000 each
occurrence and an aggregate limit of not less than $10,000,000. CGL insurance must be written on ISO occurrence form CG 00
01 12 04 (or a substitute form providing equivalent coverage).
The policy must also contain the following endorsement, which imust be stated on the certificate of insurance:
• Contractual Liability Railroads ISO form CG 24 17 10 01 (or a substitute form providing equivalent coverage) showing
"Union Pacific Railroad Company Property" as the Designated Job Site, and
• Designated Construction Project(s) General Aggregate'.Limit ISO Form CG 25 03 03 97 (or a substitute form providing
equivalent coverage) showing the project on the form schedule.
B. Business Automobile Coverage Insurance. Business auto coverage written on ISO form CA 00 0110 01 (or a substitute form
providing equivalent liability coverage) with a combined single limit of not less $5,000,000 for each accident and coverage must
include liability arising out of any auto (including owned, hired and non -owned autos).
The policy must contain the following endorsements, which must be stated on the certificate of insurance:
• Coverage For Certain Operations In Connection With Railroads ISO form CA 20 7010 01 (or a substitute form providing
equivalent coverage) showing "Union Pacific Property"! as the Designated Job Site.
• Motor Carrier Act Endorsement - Hazardous materials clean up (MCS -90) if required by law.
C. Workers' Compensation and Employers' Liability Insurance. Coverage must include but not be limited to:
• Contractor's statutory liability under the workers' compensation laws of the state where the work is being performed.
• Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 disease policy limit $500,000 each
employee.
If Contractor is self-insured, evidence of state approval and excess workers compensation coverage must be provided.
Coverage must include liability arising out of the U. S. Longshoremen's and Harbor Workers' Act, the Jones Act, and the Outer
Continental Shelf Land Act, if applicable.
The policy must contain the following endorsement, which must be stated on the certificate of insurance:
• Alternate Employer endorsement ISO form WC 00 03 01 A (ora substitute form providing equivalent coverage) showing
Railroad in the schedule as the alternate employer (or a substitute form providing equivalent coverage).
D. Railroad Protective Liability Insurance. Contractor must maintain Railroad Protective Liability insurance written on ISO
occurrence form CG 00 35 12 04 (or a substitute form providing equivalent coverage) on behalf of Railroad as named
insured, with a limit of not less than $2,000,000 per occurrence and an aggregate of $6,000,000. A binder stating the policy
is in place must be submitted to Railroad before the work may be commenced and until the original policy is forwarded to
Railroad.
E. Umbrella or Excess Insurance. If Contractor utilizes umbrella or excess policies, these policies must "follow form" and afford
no less coverage than the primary policy.
F. Pollution Liability Insurance. Pollution liability coverage must be written on ISO form Pollution Liability Coverage Form
Designated Sites CG 00 39 12 04 (or a substitute form providing equivalent liability coverage), with limits of at least
$5,000,000 per occurrence and an aggregate limit of $10,000,000.
If the scope of work as defined in this Agreement includes the disposal of any hazardous or non -hazardous materials from the
job site, Contractor must furnish to Railroad evidence of pollution legal liability insurance maintained by the disposal site operator
for losses arising from the insured facility accepting the materials, with coverage in minimum amounts of $1,000,000 per loss,
and an annual aggregate of $2,000,000.
Other Reguirements
Contractor's ROE (Generic) - ExC Page 1 of 2 Exhibit C
Form Approved - AVP Law 08-15-07 Insurance Provisions
To Contractor's Right of Entry Agreement
Contractor's ROE (Generic) - ExC
Form Approved - AVP Law 08-15-07
SjjAC6HC
G%.411 policy(ies) required above (except worker's compensation and employers liability) must include Railroad as "Additional
Insured" using ISO Additional Insured Endorsements CG 20 26, and CA 20 48 (or substitute forms providing equivalent
coverage). The coverage provided to Railroad as additional insured shall, to the extent provided under ISO Additional Insured
Endorsement CG 20 26, and CA 20 48 provide coverage for Railroad's negligence whether sole or partial, active or passive, and
shall not be limited by Contractor's liability under the indemnity'provisions of this Agreement.
H. Punitive damages exclusion, if any, must be deleted (and the deletion indicated on the certificate of insurance), unless the law
governing this Agreement prohibits all punitive damages that might arise under this Agreement.
I. Contractor waives all rights of recovery, and its insurers also waive all rights of subrogation of damages against Railroad and its
agents, officers, directors and employees. This waiver must be stated on the certificate of insurance.
J. Priorto commencing the work, Contractor shall furnish Railroad with a certificate(s) of insurance, executed by a duly authorized
representative of each insurer, showing compliance with the insurance requirements in this Agreement.
K. All insurance policies must be written by a reputable insurance company acceptable to Railroad or with a current Best's
Insurance Guide Rating of A- and Class VII or better, and authorized to do business in the state where the work is being
performed.
L. The fact that insurance is obtained by Contractor or by Railroad on behalf of Contractor will not be deemed to release or diminish
the liability of Contractor, including, without limitation, liability under the indemnity provisions of this Agreement. Damages
recoverable by Railroad from Contractor or any third party will not be limited by the amount of the required insurance coverage.
Contractor's ROE (Generic) - ExC Page 2 of 2 - Exhibit C
Form Approved - AVP Law 08-15-07 Insurance Provisions
To Contractor's Right of Entry Agreement
Contractor's ROE (Generic) - ExD
Form Approved - AVP Law 07-09-07 BIAL NNG AMERICW 45
EXHIBIT D
TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT
MINIMUM SAFETY REQUIREMENTS
The term "employees" as used herein refer to all employees of Contractor as well as all employees of any subcontractor or agent
of Contractor.
I. Clothinu
A. All employees of Contractor will be suitably dressed to perform their duties safely and in a manner that will not interfere with their
vision, hearing, or free use of their hands or feet.
Specifically, Contractor's employees must wear:
(i) Waist -length shirts with sleeves.
(ii) Trousers that cover the entire leg. If flare -legged trousers are worn, the trouser bottoms must be tied to prevent catching.
(iii) Footwear that covers their ankles and has a defined heel. Employees working on bridges are required to wear safety -toed
footwear that conforms to the American National Standards Institute (ANSI) and FRA footwear requirements.
B. Employees shall not wear boots (other than work boots), sandals, canvas -type shoes, or other shoes that have thin soles or
heels that are higher than normal
C. Employees must not wear loose or ragged clothing, neckties, finger rings, or other loose jewelry while operating or working on
machinery.
II. Personal Protective Equipment
Contractor shall require its employees to wear personal protective equipment as specified by Railroad rules, regulations, or
recommended or requested by the Railroad Representative.
(i) Hard hat that meets the American National Standard (ANSI) Z89.1 — latest revision. Hard hats should be affixed with
Contractor's company logo or name.
(ii) Eye protection that meets American National Standard (ANSI) for occupational and educational eye and face protection,
Z87.1— latest revision. Additional eye protection must be provided to meet specific job situations such as welding, grinding,
etc.
(iii) Hearing protection, which affords enough attenuation to give protection from noise levels that will be occurring on the job
site. Hearing protection, in the form of plugs or muffs, must be worn when employees are within:
■ 100 feet of a locomotive or roadwaytwork equipment
■ 15 feet of power operated tools
■ 150 feet of jet blowers or pile drivers
■ 150 feet of retarders in use (when within 10 feet, employees must wear dual ear protection — plugs and muffs)
(iv) Other types of personal protective equipment, such as respirators, fall protection equipment, and face shields, must be worn
as recommended or requested by the Railroad Representative.
III. On Track Safety
Contractor is responsible for compliance with the Federal Railroad Administration's Roadway Worker Protection regulations —
49CFR214, Subpart C and Railroad's On -Track Safety rules. Under 49CFR214, Subpart C, railroad contractors are responsible for
the training of their employees on such regulations. In addition to the instructions contained in Roadway Worker Protection
regulations, all employees must:
(i) Maintain a distance of twenty-five (25) feet to any track unless the Railroad Representative is present to authorize
movements.
(ii) Wear an orange, reflectorized workwear approved by the Railroad Representative.
(iii) Participate in a job briefing that will specify the type of On -Track Safety for the type of work being performed. Contractor
must take special note of limits of track authority, which tracks may or may not be fouled, and clearing the track. Contractor
will also receive special instructions relating to the work zone around machines and minimum distances between machines
while working or traveling.
IV. Equipment
A. It is the responsibility of Contractor to ensure that all equipment is in a safe condition to operate. If, in the opinion of the Railroad
Representative, any of Contractor's equipment is unsafe for use, Contractor shall remove such equipment from Railroad's
Contractor's ROE (Generic) - ExD Page 1 of 2 Exhibit D
Form Approved - AVP Law 07-09-07 Minimum Requirements
To Contractor's Right of Entry Agreement
Contractor's ROE (Generic) - ExD
Form Approved - AVP Law 07-09-07
_ i - � B}[}AICFf1C 111 N
%property. In addition, Contractor must ensure that the operators of all equipment are properly trained and competent in the safe
operation of the equipment. In addition, operators must be:
■ Familiar and comply with Railroad's rules on lockout/tagout of equipment.
■ Trained in and comply with the applicable operating rules if operating any by -rail equipment on -track.
■ Trained in and comply with the applicable air brake rules if operating any equipment that moves rail cars or any other
railbound equipment.
B. All self-propelled equipment must be equipped with a first-aid kit, fire extinguisher, and audible back-up warning device.
C. Unless otherwise authorized by the Railroad Representative, all equipment must be parked a minimum of twenty-five (25) feet
from any track. Before leaving any equipment unattended, the operator must stop the engine and properly secure the equipment
against movement.
D. Cranes must be equipped with three orange cones that will be used to mark the working area of the crane and the minimum
clearances to overhead powerlines.
V. General Safety Requirements
A. Contractor shall ensure that all waste is properly disposed of in accordance with applicable federal and state regulations.
B. Contractor shall ensure that all employees participate in and comply with a job briefing conducted by the Railroad
Representative, if applicable. During this briefing, the Railroad Representative will specify safe work procedures, (including On -
Track Safety) and the potential hazards of the job. If any employee has any questions or concerns about the work, the employee
must voice them during the job briefing. Additional job briefings will be conducted during the work as conditions, work
procedures, or personnel change.
C. All track work performed by Contractor meets the minimum safety requirements established by the Federal Railroad
Administration's Track Safety Standards 49CFR213.
D. All employees comply with the following safety procedures when working around any railroad track:
(i) Always be on the alert for moving equipment. Employees must always expect movement on any track, at any time, in either
direction.
(ii) Do not step or walk on the top of the rail, frog, switches, guard rails, or other track components.
(iii) In passing around the ends of standing cars, engines, roadway machines or work equipment, leave at least 20 feet between
yourself and the end of the equipment. Do not go between pieces of equipment of the opening is less than one car length
(50 feet).
(iv) Avoid walking or standing on a track unless, so authorized by the employee in charge.
(v) Before stepping over or crossing tracks, look in both directions first.
(vi) Do not sit on, lie under, or cross between cars except as required in the performance of your duties and only when track and
equipment have been protected against movement.
E. All employees must comply with all federal and state regulations concerning workplace safety.
Contractor's ROE (Generic) - ExD Page 2 of, Exhibit D
Form Approved - AVP Law 07-09-07 Minimum Requirements
To Contractor's Right of Entry Agreement