Audit # 257198 Public Highway At-Grade Crossing Agreement (State Street)Public Highway At -Grade Crossing 06/01/10
Standard Form Approved, AVP -Law
BUILDING AMERICX
UPRR Folder No.: 2633-96
UPRR Audit No.: r q
PUBLIC HIGHWAY AT -GRADE CROSSING
AGREEMENT
State Street — DOT No. 429-016L
Mile Post 495.95 — Trigo Industrial Lead
Salina, Saline County, Kansas
THIS AGREEMENT ("Agreement") is made and entered into as of the V4'o day of
"20 20 4 t ("Effective Date"), by and between UNION PACIFIC RAILROAD
COMPA Y, a Delaware corporation, to be addressed at Real Estate Department, 1400 Douglas
Street, Mail Stop 1690, Omaha, Nebraska 68179 ("Railroad") and the CITY OF SALINA, a
municipal corporation of the State of Kansas to be addressed at 300 West Ash Street, Salina, Kansas
67401 ("City").
RECITALS:
The City desires to undertake as its project (the "Project") the reconstruction of an existing
at -grade public road crossing over State Street, (DOT No. 429-016L), at Railroad's Mile Post 495.95
on the Railroad's Trigo Industrial Lead in Salina, Saline County, Kansas (the "Crossing Area"). The
Crossing Area is shown on the Railroad location Print marked Exhibit A, attached hereto and hereby
made a part hereof. The portion of the roadway located within the Crossing Area is the "Roadway".
The right of way right presently utilized by the City for the existing State Street at -grade
public road crossing, is sufficient to allow for the reconstruction and widening of the Roadway.
The Railroad and the City are entering into this Agreement to cover the above.
AGREEMENT:
NOW, THEREFORE, it is mutually agreed by and between the parties hereto as follows:
Section 1. EXHIBIT B
The General Terms and Conditions marked Exhibit B, are attached hereto and hereby made a
part hereof.
Section 2. RAILROAD GRANTS RIGHT
For and in consideration of an administrative fee in the sum of ONE THOUSAND
DOLLARS ($1,000.00) to be paid by the City to the Railroad upon the execution and delivery of
this Agreement and in further consideration of the City's agreement to perform and comply with the
2633-96 City of Salina, KS Page 1 of 5 revised October 8, 2010
State Street
Public Highway At -Grade Crossing 06/01/10
Standard Form Approved, AVP -Law BUILDING AMERICA° is
this Agreement and in further consideration of the City's agreement to perform and comply with the
terms of this Agreement, the Railroad hereby grants to the City the right to construct, maintain and
repair the Roadway over and across the Crossing Area.
Section 3. DEFINITION OF CONTRACTOR
For purposes of this Agreement the term "Contractor" shall mean the contractor or
contractors hired by the City to perform any Project work on any portion of the Railroad's property
and shall also include the Contractor's subcontractors and the Contractor's and subcontractor's
respective employees, officers and agents, and others acting under its or their authority.
Section 4. CONTRACTOR'S RIGHT OF ENTRY AGREEMENT - INSURANCE
A. Prior to Contractor performing any work within the Crossing Area and any subsequent
maintenance and repair work, the City shall require the Contractor to:
® execute the Railroad's then current Contractor's Right of Entry Agreement
® obtain the then current insurance required in the Contractor's Right of Entry Agreement;
and
® provide such insurance policies, certificates, binders and/or endorsements to the Railroad.
B. The Railroad's current Contractor's Right of Entry Agreement is marked Exhibit D, attached
hereto and hereby made a part hereof. The City confirms that it will inform its Contractor that it
is required to execute such form of agreement and obtain the required insurance before
commencing any work on any Railroad property. Under no circumstances will the Contractor be
allowed on the Railroad's property without first executing the Railroad's Contractor's_ Right_ of
Entry Agreement and obtaining the insurance set forth therein and also providing to the Railroad
the insurance policies, binders, certificates and/or endorsements described therein.
C. All insurance correspondence, binders, policies, certificates and/or endorsements shall be sent to:
Senior Manager - Contracts
Union Pacific Railroad Company
Real Estate Department
1400 Douglas Street, Mail Stop 1690
Omaha, NE 68179-1690
UPRR Folder No. 2633-96
D. If the City's own employees will be performing any of the Project work, the City may self -insure
all or a portion of the insurance coverage subject to the Railroad's�prior review and approval.
Section 5. FEDERAL AID POLICY GUIDE
If the City will be receiving any federal funding for the Project, the current rules, regulations
and provisions of the Federal Aid Policy Guide as contained in 23 CFR 140, Subpart I and 23 CFR
646, Subparts A and B are incorporated into this Agreement by reference.
Section 6. EXPENSES TO BE BORNE BY RAILROAD AND THE CITY
The City and the Railroad agree to split the construction costs for this Project; 65% to the
City and 35% to the Railroad. In addition, the Railroad is not required to contribute any additional
funding for the Project.
2633-96 City of Salina, KS Page 2 of 5 revised October 8, 2010
State Street
Public Highway At -Grade Crossing 06/01/10
Standard Form Approved, AVP -Law BUILDING AMERICA°
Section 7. ' WORK TO BE PERFORMED BY RAILROAD; BILLING SENT
TO CITY; CITY'S PAYMENT OF BILLS
A. The work to be performed by the Railroad, at the City's shared cost and expense, is described in
the Railroad's Material and Force Account Estimate dated August 6, 2010, marked Exhibit C,
attached hereto and hereby made a part hereof (the "Estimate"). As set forth in the Estimate, the
estimated cost for the Railroad's work associated with the Project is $76,399.00. The City's 65%
shared cost for the Project is $49,651.00. The Railroad's 35% shared cost for the Project is
$26,748.00.
B. The Railroad, if it so elects, may recalculate and update the Estimate submitted to the City in the
event the City does not commence construction on the portion of the Project located on the
Railroad's property within six (6) months from the date of the Estimate.
C. The City acknowledges that the Estimate does not include any estimate of flagging or other
protective service costs that are to be paid by the City or the Contractor in connection with
flagging or other protective services provided by the Railroad in connection with the Project. All
of such costs incurred by the Railroad are to be paid by the City or the Contractor as determined
by the Railroad and the City. If it is determined that the Railroad will be billing the Contractor
directly for such costs, the City agrees that it will pay the Railroad for any flagging costs that
have not been paid by any Contractor within thirty (3 0) days of the Contractor's receipt of billing.
D. The City agrees to reimburse the Railroad within thirty (30) days of its receipt of billing from the
Railroad for its 65% shared cost and any additional costs incurred by the Railroad in connection
with the Project including, but not limited to, all actual costs of engineering review (including
pre immary engineering- review costs incurred by Railroad prior to the Effective Date of this
Agreement), construction inspection, flagging (unless. flagging costs are to be billed directly to
the Contractor), procurement of materials, equipment rental, manpower and deliveries to the job
site and all direct and indirect overhead labor/construction costs including Railroad's standard
additive rates.
Section 8. NON -RAILROAD IMPROVEMENTS
A. Submittal of plans and specifications for protecting, encasing, reinforcing, relocation, replacing,
removing and abandoning in place all non -railroad owned facilities (the "Non Railroad
Facilities") affected by the Project including, without limitation, utilities, fiber optics, pipelines,
wirelines, communication lines and fences is required under Section 8. The Non Railroad
Facilities plans and specifications shall comply with Railroad's standard specifications and
requirements, including, without limitation, American Railway Engineering and Maintenance -of -
Way Association ("AREMA") standards and guidelines. Railroad has no obligation to supply
additional land for any Non Railroad Facilities and does not waive its right to assert preemption
defenses, challenge the right -to -take, or pursue compensation in any condemnation action,
regardless if the submitted Non Railroad Facilities plans and specifications comply with
Railroad's standard specifications and requirements. Railroad has no obligation to permit any
Non Railroad Facilities to be abandoned in place or relocated on Railroad's property.
B. Upon Railroad's approval of submitted Non Railroad Facilities plans and specifications, Railroad
will attempt to incorporate them into new agreements or supplements of existing agreements
2633-96 City of Salina, KS Page 3 of 5 revised October 8, 2010
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Public Highway At -Grade Crossing 06/01/10
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BUILDING AMERICA° fs
with Non Railroad Facilities owners or operators. Railroad may use its standard terms and
conditions, including, without limitation, its standard license fee and administrative charges
when requiring supplements or new agreements for Non Railroad Facilities. Non Railroad
Facilities work shall not commence before a supplement or new agreement has been fully
executed by Railroad and the Non Railroad Facilities owner or operator, or before Railroad and
City mutually, agree in writing to (i) deem the approved Non Railroad Facilities plans and
specifications to be Plans pursuant to Section 813, (ii) deem the Non Railroad Facilities part of
the Structure, and (iii) supplement this Agreement with terms and conditions covering the Non
Railroad Facilities.
Section 9. EFFECTIVE DATE; TERM; TERMINATION
A. This Agreement is effective as of the Effective Date first herein written and shall continue in full
force and effect for as long as the Roadway, remains on the Railroad's property.
B. The Railroad, if it so elects, may terminate this Agreement effective upon delivery of written
notice to the City in the event the City does not commence construction on the portion of the
Project located on the Railroad's property within twelve (12) months from the Effective Date.
C. If the Agreement is terminated as provided above, or for any other reason, the City shall pay to
the Railroad all actual costs incurred by the Railroad in connection with the Project up to the date
of termination, including, without limitation, all actual costs incurred by the Railroad in
connection with reviewing any preliminary or final Project Plans.
Section 10. CONDITIONS TO BE MET BEFORE
CITY- CAN-COMMENCE-WORK-----
Neither
AN-COMMENCE WORK ---_
Neither the City nor the Contractor may commence any work within the Crossing Area or on
any other Railroad property until:
(i) The Railroad and City have executed this Agreement.
(ii) Each Contractor has executed Railroad's Contractor's Right of Entry Agreement and has
obtained and/or provided to the Railroad the insurance policies, certificates, binders, and/or
endorsements required under the Contractor's Right of Entry Agreement.
(iii) Each Contractor has given the advance notice(s) required under the Contractor's Right of
Entry Agreement to the Railroad Representative named in the Contactor's Right of Entry
Agreement.
Section 11. FU'T'URE PROTECTS
Future projects involving substantial maintenance, repair, reconstruction, renewal and/or
demolition of the Roadway shall not commence until Railroad and City agree on the plans for such
future projects, cost allocations, right of entry terms and conditions and temporary construction
rights, terms and conditions.
Section 12. ASSIGNMENT; SUCCESSORS AND ASSIGNS
A. City shall not assign this Agreement without the prior written consent of Railroad.
B. Subject to the provisions of Paragraph A above, this Agreement shall inure to the benefit of and
be binding upon the successors and assigns of Railroad and City.
2633-96 City of Salina, KS Page 4 of 5 revised October 8, 2010
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Public Highway At -Grade Crossing 06/01/10
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Section 13. SPECIAL PROVISIONS PERTAINING TO AMERICAN
RECOVERY AND REINVESTMENT ACT OF 2009
BUILDING AMERICA°
If the City will be receiving American Recovery and Reinvestment Act ("ARRA") funding
for the Project, the City agrees. that it is responsible in performing and completing all ARRA
reporting documents for the Project. The City confirms and acknowledges that Section 1512 of the
ARRA provisions applies only to a "recipient" receiving ARRA funding directing from the federal
government and, therefore, (i) the ARRA reporting requirements are the responsibility of the City
and not of the Railroad, and (ii) the City shall not delegate any ARRA reporting responsibilities to
the Railroad. The City also confirms and acknowledges that (i) the Railroad shall provide to the City
the Railroad's standard and customary billing for expenses incurred by the Railroad for the Project
including the Railroad's standard and customary documentation to support such billing, and (ii) such
standard and customary billing and documentation from the Railroad provides the information
needed by the City to perform and complete the ARRA reporting documents. The Railroad confirms
that the City and the Federal Highway Administration shall have the right to audit the Railroad's
billing and documentation for the Project as provided in Section 11 of Exhibit B of this Agreement.
Section 14. TERMINATION OF ORIGINAL AGREEMENT
Upon the completion of the Roadway, the Original Agreement, (if any) covering the Crossing
Area, shall terminate and the terms and conditions of this Agreement shall govern the use,
maintenance and repair of the Roadway.
IN. WITNESS WHEREOF, the parties have caused this Agreement to be duly executed as of
the Effective Date first herein written.
ATTEST:
r
Printed Name: �
Title:
(Seal)
UNION PACIFIC RAILROAD COMPANY
(Federal TW ID #94-6001323)
USA
PA>.IL-. FARRELL
Iger Contracts
CITY F SALINA
By
Printed N e: NQ ,r DA 6 • 'PeCk_
Title: t\A6\4 f}(
M cM\a, .
Pursuant to Resolution/9r4er No. 11 _ CCO N
dated: I ICAA S1 , 20_h_
hereto attached.
2633-96 City of Salina, KS Page 5 of 5 revised October 8, 2010
State Street
I
Exhibit A
Railroad Location Print
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RECONSTRUCTION PROJECT
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RAILROAD WORK TO BE PERFORMED:
EXHIBIT "A"
1. Re-lay 160 -feet of rail; Install 64 -feet of concrete road crossing
UNION PACIFIC RAILROAD COMPANY
panels; Install 50 cross ties; Install 1 carload of ballast; and
other track & surface materials.
TRIGO INDUSTRIAL LEAD
2. Engineering & Flagging.
MILE POST 495.95
GPS: N 38° 50.4963', W 97° 37.3094'
SALINA, SALINE CO., KS.
Railroad Location Print of an existing at -grade public
road crossing reconstruction project with the
CITY OF SALINA.
Folder No. 2633-96 Date: September 13, 2010
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
E.
Public Highway At -Grade Crossing 06/01/10
Standard Form Approved, AVP -Law
EXHIBIT B
TO PUBLIC HIGHWAY AT GRADE CROSSING AGREEMENT
GENERAL TERMS AND CONDITIONS
SECTION 1. CONDITIONS AND COVENANTS
u-raow
A. The Railroad makes ono covenant or warranty of title for quiet possession or against encumbrances. The City shall
not use or permit use of the Crossing Area for any purposes other than those described in this Agreement. Without limiting
the foregoing, the City shall not use or permit use of the Crossing Area for railroad purposes, or for gas, oil or gasoline pipe
lines. Any lines constructed on the Railroad's property by or under authority of the City for the purpose of conveying electric
power or communications incidental to the City's use of the property for highway purposes shall be constructed in accordance
with specifications and requirements of the Railroad, and in such manner as not adversely to affect communication or signal
lines of the Railroad or its licensees now or hereafter located upon said property. No nonparty shall be admitted by the City to
use or occupy any part of the Railroad's property without the Railroad's written consent. Nothing herein shall obligate the
Railroad to give such consent.
B. The Railroad reserves the right to cross the Crossing Area with such railroad tracks as may be required for its
convenience or purposes. In the event the Railroad shall place additional tracks upon the Crossing Area, the City shall, at its
sole cost and expense, modify the Roadway to conform with all tracks within the Crossing Area.
C. The right hereby granted is subject to any existing encumbrances and rights (whether public or private), recorded or
unrecorded; and also to any renewals thereof. The City shall not damage, destroy or interfere with the property or rights of
nonparties in, upon or relating to the Railroad's property, unless the City at its own expense settles with and obtains releases
from such nonparties.
D. The Railroad reserves the right to use and to grant to others the right to use the Crossing Area for any purpose not
inconsistent- with -the right hereby granted, -including; but not by way of -limitation; the right to construct, reconstruct, maintain,
operate, repair, alter, renew and replace tracks, facilities and appurtenances on the property; and the right to cross the
Crossing Area with all kinds of equipment.
E. So far as it lawfully may do so, the City will assume, bear and pay all taxes and assessments of whatsoever nature or
kind (whether general, local or special) levied or assessed upon or against the Crossing Area, excepting taxes levied upon
and against the property as a component part of the Railroad's operating property.
F. If any property or rights other than the right hereby granted are necessary for the construction, maintenance and use
of the Roadway and its appurtenances, or for the performance of any work in connection with the Project, the City will acquire
all such other property and rights at its own expense and without expense to the Railroad.
SECTION 2. CONSTRUCTION OF ROADWAY
A. The City, at its expense, will apply for and obtain all public authority required by law, ordinance, rule or regulation for
the Project, and will furnish the Railroad upon request with satisfactory evidence that such authority has been obtained.
B. Except as may be otherwise specifically provided herein, the City, at its expense, will furnish all necessary labor,
material and equipment, and shall construct and complete the Roadway and all appurtenances thereof. The appurtenances
shall include, without limitation, all necessary and proper highway warning devices (except those installed by the Railroad
within its right of way) and all necessary drainage facilities, guard rails or barriers, and right of way fences between the
Roadway and the railroad tracks. Upon completion of the Project, the City shall remove from the Railroad's property all
temporary structures and false work, and will leave the Crossing Area in a condition satisfactory to the Railroad.
C. All construction work of the City upon the Railroad's property (including, but not limited to, construction of the
Roadway and all appurtenances and all related and incidental work) shall be performed and completed in a manner
satisfactory to the Assistant Vice President Engineering -Design of the Railroad or his authorized representative and in
compliance with the Plans, and other guidelines furnished by the Railroad.
Public Highway At -Grade Crossing 06/01/10 Page 1 of 5 Exhibit B
Standard Form Approved, AVP -Law General Terms and Conditions
Public Highway At -Grade Crossing 06/01/10
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D. All construction work of the City shall be performed diligently and completed within a reasonable time. No part of the
Project shall be suspended,'discontinued or unduly delayed without the Railroad's written consent, and subject to such
reasonable conditions as the, Railroad may specify. It is understood that the Railroad's tracks at and in the vicinity of the work
will be in constant or frequent use during progress of the work and that movement or stoppage of trains, engines or cars may
cause delays in the work of the City. The City hereby assumes the risk of any such delays and agrees that no claims for
damages on account of any delay shall be made against the Railroad by the State and/or the Contractor.
SECTION 3. INJURY AND DAMAGE TO PROPERTY
If the City, in the performance of any work contemplated by this Agreement or by the failure to do or perform anything
for which the City is responsible under the provisions of this Agreement, shall injure, damage or destroy any property of the
Railroad or of any other person lawfully occupying or using the property of the Railroad, such property shall be replaced or
repaired by the City at the City's own expense, or by the Railroad at the expense of the City, and to the satisfaction of the
Railroad's Assistant Vice President Engineering -Design.
SECTION 4. RAILROAD MAY USE CONTRACTORS TO PERFORM WORK
The Railroad may contract for the performance of any of its work by other than the Railroad forces. The Railroad
shall notify the City of the contract price within ninety (90) days after it is awarded. Unless the Railroad's work is to be
performed on a fixed price basis, the City shall reimburse the Railroad for the amount of the contract.
SECTION 5. MAINTENANCE AND REPAIRS
A. The City shall, at its own sole expense, maintain, repair, and renew, or cause to be maintained, repaired and
renewed, the entire Crossing,Area and Roadway, except the portions between the track tie ends, which shall be maintained
by and at the expense of the Railroad.
B. If, in the future, the City elects to have the surfacing material between the track tie ends, or between tracks if there is
more than one railroad tra&across the Crossing Area, replaced with paving or some surfacing material other than timer
planking, the Railroad, at the,City's expense, shall install such replacement surfacing, and in the future,_to.the extent repair or
replacement of the surfacing is necessitated by repair or rehabilitation of the Railroad's tracks through the Crossing Area, the
City shall bear the expense of such repairs or replacement.
SECTION 6. CHANGES IN ,GRADE
If at any time the Railroad shall elect, or be required by competent authority to, raise or lower the grade of all or any
portion of the track(s) located within the Crossing Area, the City shall, at its own expense, conform the Roadway to conform
with the change of grade of the trackage.
SECTION 7. REARRANGEMENT OF WARNING DEVICES
If the change or rearrangement of any warning device installed hereunder is necessitated for public or Railroad
convenience or on account of improvements for either the Railroad, highway or both, the parties will apportion the expense
incidental thereto between themselves by negotiation, agreement or by the order of a competent authority before the change
or rearrangement is undertaken.
SECTION 8. SAFETY MEASURES; PROTECTION
OF RAILROAD COMPANY OPERATIONS
It is understood and recognized that safety and continuity of the Railroad's operations and communications are of the
utmost importance; and in order that the same may be adequately safeguarded, protected and assured, and in order that
accidents may be prevented and avoided, it is agreed with respect to all of said work of the City that the work will be
performed in a safe manner and in conformity with the following standards:
A. Definitions. All references in this Agreement to the City shall also include the Contractor and their respective
officers, agents and employees, and others acting under its or their authority; and all references in this Agreement to work of
the City shall include work both within and outside of the Railroad's property.
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Standard Form Approved, AVP -Law General Terms and Conditions
Public Highway At -Grade Crossing 06/01/10
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B. Entry onto Railroad's Property by City. If the City's employees need to enter Railroad's property in order to perform
an inspection of the Roadway, minor maintenance or other activities, the City shall first provide at least ten (10) working days
advance notice to the Railroad Representative. With respect to such entry on to Railroad's property, the City, to the extent
permitted by law, agrees to release, defend and indemnify the Railroad from and against any loss, damage, injury, liability,
claim, cost or expense incurred by any person including, without limitation, the City's employees, or damage to any property or
equipment (collectively the "Loss") that arises from the presence or activities of City's employees on Railroad's property, except
to, the extent that any Loss is caused by the sole direct negligence of Railroad.
C. Flagging
(i) If the City's employees need to enter Railroad's property as provided in Paragraph B above, the City agrees to
notify the Railroad Representative at least thirty (30) working !!days in advance of proposed performance of any work by City 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), or thing(s) shall be
located, operated, placed, or stored within twenty-five (25) feet of any of Railroad's track(s) at any time, for any reason, unless
and until a Railroad flagman is provided to watch for trains. Upon receipt of such thirty (30) day notice, the Railroad
Representative will determine and inform City whether a flagman need be present and whether City 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 City for such expenses incurred by Railroad. If Railroad performs any flagging, or other special protective or
safety measures are performed by Railroad, City agrees that City is not relieved of any of its responsibilities or liabilities set
forth in this Agreement.
(ii) 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 Labor Agreements 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, City shall pay'on the basis of the new rates and charges.
(iii) 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 City 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, City 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, City 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 for that period. An additional
thirty (30) 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.
D. Compliance With Laws. The City shall comply with all applicable federal, state and local laws, regulations and
enactments affecting the work. The City shall use only such methods as are consistent with safety, both as concerns the City,
the City's agents and employees, the officers, agents, employees and property of the Railroad and the public in general. The
City (without limiting the generality of the foregoing) shall comply with all applicable state and federal occupational safety and
health acts and regulations. 'All Federal Railroad Administration regulations shall be followed when work is performed on the
Railroad's premises. If any failure by the City to comply with any such laws, regulations, and enactments, shall result in any
fine, penalty, cost or charge being assessed, imposed or charged against the Railroad, the City shall reimburse, and to the
extent it may lawfully do so,indemnify the Railroad for any such fine, penalty, cost, or charge, including without limitation
attorney's fees, court costs and expenses. The City further agrees in the event of any such action, upon notice thereof being
provided by the Railroad, to defend such action free of cost, charge, or expense to the Railroad.
E. No Interference or Delays. The City shall not do, suffer or permit anything which will or may obstruct, endanger, .
Public Highway At -Grade Crossing 06/01/10 Page 3 of 5 Exhibit B
Standard Form Approved, AVP -Law General Terms and Conditions
Public Highway At -Grade Crossing 06/01/10
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BUILDING AMERICA" 6
interfere with, hinder or delay maintenance or operation of the Railroad's tracks or facilities, or any communication or signal
lines, installations or any appurtenances thereof, or the operations of others lawfully occupying or using the Railroad's
property or facilities.
F. Supervision. The City, at its own expense, shall adequately police and supervise all work to be performed by the
City, and shall not inflict injury to persons or damage to property for the safety of whom or of which the Railroad may be
responsible, or to property of the Railroad. The responsibility of the City for safe conduct and adequate policing and
supervision of the Project shall not be lessened or otherwise affected by the Railroad's approval of plans and specifications,
or by the Railroad's collaboration in performance of any work, or by the presence at the work site of the Railroad's
representatives, or by compliance by the City with any requests or recommendations made by such representatives. If a
representative of the Railroad is assigned to the Project, the City will give due consideration to suggestions and
recommendations made by such representative for the safety and protection of the Railroad's property and operations.
G. Suspension of Work. If at anytime the City's engineers or the Vice President -Engineering Services of the Railroad
or their respective representatives shall be of the opinion that any work of the City is being or is about to be done or
prosecuted without due regard and precaution for safety and security, the City shall immediately suspend the work until
suitable, adequate and proper protective measures are adopted and provided.
H. Removal of Debris. The City shall not cause, suffer or permit material or debris to be deposited or cast upon, or to
slide or fall upon any property or facilities of the Railroad; and any such material and debris shall be promptly removed from
the Railroad's property by the City at the City's own expense or by the Railroad at the expense of the City. The City shall not
cause, suffer or permit any snow to be plowed or cast upon the Railroad's property during snow removal from the Crossing
Area.
I. Explosives. The City shall not discharge any explosives on or in the vicinity of the Railroad's property without the
prior consent of the Railroad's Vice President -Engineering Services, which shall not be given if, in the sole discretion of the
Railroad's Vice President -Engineering Services, such discharge would be dangerous or would interfere with the Railroad's
property or facilities. For the purposes hereof, the "vicinity of the Railroad's property" shall be deemed to be anyplace on the
Railroad's property or in such close proximity to the Railroad's property that the discharge of explosives could cause injury to
the Railroad's employees or other persons, or cause damage to or interferencewith the facilities or operations on the
Railroad's property. The Railroad reserves the right to . impose such conditions, restrictions or limitations on the
transportation, handling, storage, security and use of explosives as the Railroad, in the Railroad's sole discretion, may deem
to be necessary, desirable or appropriate.
J. Excavation. The City shall not excavate from existing slopes nor construct new slopes which are excessive and may
create hazards of slides or falling rock, or impair or endanger the clearance between existing or new slopes and the tracks of
the Railroad. The City shall not do or cause to be done any work which will or may disturb the stability of any area or
adversely affect the Railroad's tracks or facilities. The City, at its own expense, shall install and maintain adequate shoring
and cribbing for all excavation and/or trenching performed by the City in connection with construction, maintenance or other
work. The shoring and cribbing shall be constructed and by,
with materials and in a manner approved by the
Railroad's Assistant Vice President Engineering - Design to'withstand all stresses likely to be encountered, including any
stresses resulting from vibrations caused by the Railroad's operations in the vicinity.
K. Drainage. The City, at the City's own expense, shall provide and maintain suitable facilities for draining the Roadway
and its appurtenances, and shall not suffer or permit drainage water therefrom to flow or collect upon property of the Railroad.
The City, at the City's own expense, shall provide adequate passageway for the waters of any streams, bodies of water and
drainage facilities (either natural or artificial, and including water from the Railroad's culvert and drainage facilities), so that
said waters may not, because of any facilities or work of the City, be impeded, obstructed, diverted or caused to back up,
overflow or damage the property of the Railroad or any part thereof, or property of others. The City shall not obstruct or
interfere with existing ditches or drainage facilities.
L. Notice. Before commencing any work, the City shall provide the advance notice to the Railroad that is required
under the Contractor's Right of Entry Agreement.
M. Fiber Optic Cables, 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 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, 7 -day number for emergency calls) to
Public Highway At -Grade Crossing 06/01/10 Page 4 of 5 Exhibit B
Standard Form Approved, AVP -Law General Terms and Conditions
Public Highway At -Grade Crossing 06/01/10
Standard Form Approved, AVP -Law
BUILDING AMERICA° fo
determine if fiber optic cable;is buried anywhere on the Railroad's premises to be used by the City. If it is, City 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 9. INTERIM WARNING DEVICES
If at anytime it is determined by a competent authority, by the City, or by agreement between the parties, that new or
improved train activated warning devices should be installed at the Crossing Area, the City shall install adequate temporary
warning devices or signs and impose appropriate vehicular control measures to protect the motoring public until the new or
improved devices have been installed.
SECTION 10. OTHER RAILROADS
All protective and indemnifying provisions of this Agreement shall inure to the benefit of the Railroad and any other
railroad company lawfully using the Railroad's property or facilities.
SECTION 11. BOOKS AND RECORDS
The books, papers, records and accounts of Railroad, so_far as they relate to the items of expense for the materials to
be provided by Railroad under this Project, or are associated'with the work to be performed by Railroad under this Project, shall
be open to inspection and audit at Railroad's offices in Omaha, Nebraska, during normal business hours by the agents and
authorized representatives of City for a period of three (3) years following the date of Railroad's last billing sent to City.
SECTION 12. REMEDIES FOR BREACH OR NONUSE
A. If the City shall fail, refuse or neglect to perform and abide by the terms of this Agreement, the Railroad, in addition to
any other rights and remedies, may perform any work which in the judgment of the Railroad is necessary to place the
Roadway and appurtenances in such condition as will not menace, endanger or interfere with the Railroad's facilities or
operations or jeopardize the Railroad's employees; and the City will reimburse the.Railroad for the expenses thereof.
B. Nonuse by the City of the Crossing Area for public highway purposes continuing at any time for a period of eighteen
(18) months shall, at the option of the Railroad, work a termination of this Agreement and of all rights of the City hereunder.
C. The City will surrender peaceable possession of the Crossing Area and Roadway upon termination of this Agreement.
Termination of this Agreement shall not affect any rights, obligations or liabilities of the parties, accrued or otherwise, which
may have arisen prior to termination.
SECTION 13. MODIFICATION - ENTIRE AGREEMENT
No waiver, modification or amendment of this Agreement shall be of any force or effect unless made in writing,
signed by the City and the Railroad and specifying with particularity the nature and extent of such waiver, modification or
amendment. Any waiver by the Railroad of any default by the City shall not affect or impair any right arising from any
subsequent default. This Agreement and Exhibits attached hereto and made a part hereof constitute the entire understanding
between the City and the Railroad and cancel and supersede any prior negotiations, understandings or agreements, whether
written or oral, with respect to the work or any part thereof.
Public Highway At -Grade Crossing 06/01/10 Page 5 of 5 Exhibit B
Standard Form Approved, AVP -Law General Terms and Conditions
Rai
ate
Exhibit
Railroad's Material & Force Account Estima
DATE: 2010,08-06
ESTIMATE OF MATERIAL
AND
FORCE ACCOUNT WORK
BY THE
"
UNION PACIFIC RAILROAD
THIS ESTIMATE GOOD FOR 6 MONTHS
EXPIRATION DATE
IS ;2011-02-04
DESCRIPT7011 0F WORK;
2010 ROAD CROSSING RF.COLLECTIBLB
PROGRAM
TRIGO INDUSTRIAL LGAD
MP 495,95 STATE STREET
INSTALb 64' ROAD CROSSING INCLUD;NG RAIL,TITS,OTM
CITY OF SALINA. XS TO PAY 65% UPRR TO PAY
35%
P109 71009 AWO:
2•SP,$UBDIV: 495.95,
TRIGO
SERVICE UNIT; 14 CITYt SALINA
STATEt XS
DESCRIPTION QTY UNIT
LABOR MATERIAL
RECOLL
UPRR
TOTAL
ENGINEERING WORK
ENGINEERING
3251
2113
1138
M1
LABOR ADDITIVE 205%
6664
4331
2333
6664
TOTAL ENGINEERING
9915
- -
--------
6444
3471
^»»
9915
SIGNAL WORK
LABOR ADDITIVE 205V
1869
1215
654
1069
SIGNAL
917.
597.
320
912
TOTAL SIGNAL
2781
»r'^
1607 --✓-974~
----2781
TRACK & SURPACE WORK
BALA3'T 1.00 CL
595
766
805
476
1361
BILL PREP
900
585
315
900
DRATNAGf _FORK__ _
1000
650
350
1000
ENVIROM89TAI, PERMIT 1.00
1
1
1
EQUIPMENT RENTAL
4000
2600
1400
4000
FIELD HELD
35
23
12
35
FOREIGN FREIGHT
473
$07
166
473
SiOt-MmINE FREIGHT
900
585
315
900
LABOR ADDITIVE 205%
17049
11080
5969
17049
MATL STORE EXPENSE
262
169
93
262
OWN
451
3188
2365
1274
3639
RAIL 160.00 LF
611
2948
2313
1246
3559
RDXING 64.00 TF
2854
13082
10358
5570
15936
ROADWAY APPOACH WORK
1000
650
350
1000,
SALES TAX
931
604
32.7
931
SAW CUT APPROACH
$00
325
175
500
SWTIE $0.00 EA
4689
3090
5055
277.4
7779
TRK-SURF,LIN
2638
1715
923
2630
WELD
1161
261
924
498
1422
XTIE SA
--
318
207
111
310
TOTAL TRACK & SURFACE
»»~
30401
33302
-
41400
-
22303
-
63703
u
LABOR/MATERIAL EXPENSE
^w`
43097
33302 --------
-----•---
RECOLLECTIBLE/UPRR EXPENSE
49651
26740
--------
ESTIMATED PROJECT COST
76399
EXISTING RRUMULE MATERIAL CREDIT
0
SALVAGE HONUSEADLE MATERIAL CREDIT
0
RECOLLECTIBLE LESS CREDITSTHE
ABOVE, FIGURES ARE EST114ATES ONLY
AND SUBJECT
TO FLUCTUATION.
IN THE
EVENT OF
AN 1140111 SE OR DECREASE IN THE COV OR QUANTITY
OF MATERIAL OR LABOA PXQUIRED,
UPRR STILL BILL FOR ACTUAL CONSTRUCTION COSTS
AT THE CURRENT EFFECTIVE RAT11.
rl
Exhibit
Railroad's Material & Force Account Estima
�7
September 13, 2010
To the Contractor:
UPRR Folder No.: 2633-96
Before Union Pacific Railroad Company can permit you to perform work on its property for the
reconstruction and widening of the existing State Street at -grade public road crossing, it will be necessary for
you to complete and execute two originals of the enclosed Contractor's Ripht 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. Bill Smith of Marsh USA @ 800-729-7001, e-mail:
william i.s� mithgmarsh.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 requir& formal billing, you may consider this letter as a formal
bill;
Real Estate Department
UNION PACIFIC RAILROAD COMPANY
1400 Douglas Street, MS 1690
Omaha, Nebraska 68179-1690
fax: 402.501.0340
3. Copies of all of your up-to-date General Liability, Auto Liability & Workman's Compensation
Insurance Certificates (yours and all contractors), naming Union Pacific Railroad Company as
additional insured;
4. 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.
day!
If you have any questions concerning this agreement, please contact me as noted below. Have a safe
Sincerely,
PAUL G.FARRELL
Senior Manager Contracts
Phone: (402) 544-8620
e-mail: pgfarrell(aQV. com
Real Estate Department
UNION PACIFIC RAILROAD COMPANY
1400 Douglas Street, MS 1690
Omaha, Nebraska 68179-1690
fax: 402.501.0340
Contractor's ROE 06/01/10
Standard Form Approved, AVP -Law
BUILDING AMERICK 95
UPRR Folder No.: 2633-96
UPRR Audit No.
CONTRACTOR'S
RIGHT OF ENTRY AGREEMENT
THIS AGREEMENT is made and entered into as of the day of
20 , by and between UNION PACIFIC RAILROAD
COMPANY, a Delaware corporation ("Railroad"); and
M
(State of Incorporation)
RECITALS:
(Name of Contractor)
corporation ("Contractor").
Contractor has been hired by the City of Salina ("City") to perform work relating to
reconstruction of the existing State 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 Railroad's Mile Post
495.95 on the Railroad's Trigo Industrial Lead located at or near 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 the Railroad and the City.
(Date of Contract)
Railroad is willing to permit 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 I - 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
Contractor's ROE 06/01/10 Page 1 of 4 Exhibit D
Standard Form Approved, AVP -Law Contractor's Right of Entry Agreement
Contractor's ROE 06/01/10
Standard Form Approved, AVP-Law BUILDING AMERICK
lk
limited to those 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 EXIIIBITS B, C AND D.
The General Terms and Conditions contained in Exhibit B, the Insurance Requirements,
contained in Exhibit C and the Minimum Safety Requirements contained in 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 1 Box 14
Alexandra, KS 67513
Phone: (719) 962-3201
Fax: (719) 962-3225
Cell: (620) 242-5221
Bryan Lake
Manager Signal Maintenance
Union Pacific Railroad Company
PO Box 624
Fairbury, NE 68352
Phone: 402-501-1294
Cell: 402-332-7558
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 - SCHEDULE OF WORK ON A MONTHLY BASIS.
The Contractor, at its expense, shall provide on a monthly basis a detailed schedule of work.
to the Railroad Representative named in Article 413 above. The reports shall start at the execution of
this Agreement and continue until this Agreement is terminated as provided in this Agreement or
until the Contractor has completed all work on Railroad's property.
ARTICLE 6 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)
Contractor's ROE 06/01/10 Page 2 of 4 Exhibit D
Standard Form Approved, AVP -Law Contractor's Right of Entry Agreement
Contractor's ROE 06/01/10
Standard Form Approved, AVP -Law BUILDING AMERICA°
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 parry on ten (10) days written notice to the other
per'•
ARTICLE 7 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
1400 Douglas Street, MS 1690
Omaha, Nebraska 68179-1690
Attn: Senior Manager Contracts
UPRR Folder No. 2633-96
ARTICLE 8 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 9 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 10 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 11 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 06/01/10 Page 3 of 4 Exhibit D
Standard Form Approved, AVP -Law Contractor's Right of Entry Agreement
Contractor's ROE 06/01/10
Standard Form Approved, AVP -Law BUILDING AMERiCK
IN WITNESS WHEREOF, the parties hereto have duly executed this agreement in
duplicate as of the date first herein written.
UNION PACIFIC RAILROAD COMPANY
(Federal Tax ID 494-6001323)
LO -A
PAUL G. FARRELL
Senior Manager Contracts
(Name of Contractor)
I:A
Title
Contractor's ROE 06/01/10 Page 4 of 4 Exhibit D
Standard Form Approved, AVP -Law Contractor's Right of Entry Agreement
1%, 1 RAILROAD LOCATION PRINT
ACCOMPANYING A
S CONTRACTOR'S RIGHT OF ENTRY AGREEEMNT
Street.,- DOTAO. 429-016L
AP 495.96 -Trigo Industrial Lead.
ting At -Grade Public Road Cross
:onstruction Project
ft.
Data,use subject to license. -
0 2007 Delorme: Street Atlas USA® 2005. 0 tDoo 3000
www.delorme.com MN (4.5' E). Data Zoom 13=0'
RAILROAD WORK TO BE PERFORMED:
1. Re-lay 160 -feet of rail; Install 64 -feet of concrete road crossing
panels; Install 50 cross ties; Install 1 carload of ballast; and
other track & surface materials.
2. Engineering & Flagging.
EXHIBIT "A"
UNION PACIFIC RAILROAD COMPANY
TRIGO INDUSTRIAL LEAD
MILE POST 495.95
GPS: N 38° 50.4963', W 97° 37.3094'
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. 2633-96 Date: September 13, 2010
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
Contractor's ROE ExB 06/01/10
Standard Form Approved, AVP -Law
EXHIBIT B
TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT
TERMS AND CONDITIONS
Section 1. NOTICE OF COMMENCEMENT OF WORK - FLAGGING.
BUILDING AMERICA° 0
A. Contractor agrees to notify the Railroad Representative at least ten (10) working days in advance of Contractor
commencing its work and at least thirty (30) 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), or thing(s)
shall be located, operated, placed, or stored within twenty-five (25) feet of any of Railroad's track(s) at any time, for any
reason, unless and until a Railroad flagman is provided to watch for trains. Upon receipt of such thirty (30) -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 compos tag har e d effect
will.be_included, computed on actual payroll._ The-composite-
charge
he_composite_
char a will be the prevailingg 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 for that
period. An additional thirty (30) 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.
Contractor's ROE ExB 06/01/10 Page 1 of 4 Exhibit B
Standard Form Approved, AVP -Law General Terms and Conditions
Contractor's ROE ExB 06/01/10
Standard Form Approved, AVP -Law BUILDING AMERICX
BwThe 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. NO INTERFERENCE WITH OPERATIONS OF RAILROAD AND ITS TENANTS.
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 safety of such operations. When not in use,
Contractor's machinery and 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, attorneys' 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
Contractor's ROE ExB 06/01/10 Page 2 of 4 Exhibit B
Standard Form Approved, AVP -Law General Terms and Conditions
Contractor's ROE ExB 06/01/10
Standard Form Approved, AVP -Law
CUti]op7-
_ !�PlLL'IHG'
4
Exhibit D, 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 D 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 maybe 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.
Section 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 (individually an "Indemnified Party" or collectively "Indemnified
Parties") from and against any and all loss, damage, injury, liability, claim, demand, cost or expense (including, without
limitation, attorney's, consultant's and e'xpert'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 Party, 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 competentjurisdiction. 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 the Indemnified Parties 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 any Indemnified Party.
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.
Contractor's ROE ExB 06/01/10 Page 3 of,4 Exhibit B
Standard Form Approved, AVP -Law General Terms and Conditions
Contractor's ROE ExB 06/01/10
Standard Form Approved, AVP -Law
4
Section 10. WAIVER OF DEFAULT.
BUILDING AMERICA°
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, whether written 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 70 10 01 (or a substitute form providing equivalent coverage) for the job site.
Contractor's ROE ExB 06/01/10 Page 4 Of 4 Exhibit B
Standard Form Approved, AVP -Law General Terms and Conditions
Contractor's ROE ExC 06/01/10
Standard Form Approved, AVP -Law
EXHIBIT C
TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT
INSURANCE REQUIREMENTS
;u'ivaaii}
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 must be stated on the certificate of insurance:
0 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.
0Designated 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 01 10 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:
0 Coverage For Certain Operations In Connection With Railroads ISO form CA 20 70 10 01 (or a substitute form
providing equivalent coverage) showing "Union Pacific Property" as the Designated Job Site.
0- 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:
0 Contractor's statutory liability under the workers' compensation laws of the state where the work is being
performed.'
0 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 b
Outer Continental Shelf Land Act, if applicable.
The policy must contain the following endorsement, which must be stated on the certificate of insurance:
0 Alternate Employer endorsement ISO form WC 00 03 01 A (or a 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" (RPL) 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. The definition of
"JOB LOCATION" and "WORK" on the, declaration page of the policy shall refer to this Agreement and shall describe all
WORK or OPERATIONS performed under this Agreement. Contractor shall provide this Agreement to Contractor's
insurance agent(s) and/or broker(s) and Contractor shall instruction such agent(s) and/or broker(s) to procure the
insurance coverage required by this Agreement. A BINDER OF INSURANCE STATING THE POLICY IS IN PLACE MUST
BE SUBMITTED TO RAILROAD BEFORE WORK MAY COMMENCE AND UNTIL THE ORIGINAL POLICY IS
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.
Contractor's ROE ExC 06/01/10 Page 1 of 2 Exhibit C
Standard Form Approved, AVP -Law Insurance Requirements
Contractor's ROE ExC 06/01/10
Standard Form Approved, AVP -Law
BUILDING AMERICA° fo
F. Pollution Liability insurance. Pollution Liability coverage must be included when the scope of the work as defined in the
Agreement includes installation, temporary storage, or disposal of any "hazardous" material that is injurious in or upon land,
the atmosphere, or any watercourses; or may cause bodily injury at any time.
If required, coverage may be provided in a separate policy form or by endorsement to Contractors CGL or RPL. In an form
coverage must be equivalent to that provided in ISO form CG 2415 "Limited Pollution Liability Extension Endorsement" or
CG 28 31 "Pollution Exclusion Amendment" 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 REQUIREMENTS
G. All 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. Prior to 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 ExC 06/01/10 Page 2 of 2 Exhibit C
Standard Form Approved, AVP -Law Insurance Requirements
Contractor's ROE ExD 06/01/10
Standard Form Approved, AVP -Law
EXHIBIT D
TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT
MINIMUM SAFETY REQUIREMENTS
,uilao"w}
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. Clothing
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:
S 100 feet of a locomotive or roadway/work equipment
i 15 feet of power operated tools
b 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.
Contractor's ROE ExD 06/01/10 Page 1 of 2 Exhibit D
Standard Form Approved, AVP -Law Minimum Safety Requirements
Contractor's ROE ExD 06/01/10
Standard Form Approved, AVP -Law
BUILDING► AMERICX
(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 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 crossbetween 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 ExD 06/01/10 Page 2 of 2 Exhibit D
Standard Form Approved, AVP -Law Minimum Safety Requirements