HomeMy WebLinkAboutContract 51323 CITY SECRETARY
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UP Real Estate Folder No.: 2561-02
Audit Number ��
PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT
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��;f TIMBERLAND BOULEVARD
U N ,�fl DOT NUMBER 795350M
- MILE POST 738.61 CHOCTAW SUB
U FORT WORTH, TARRANT COUNTY, TEXAS
THIS AGREEMENT ("Agreement") is made and entered into as of the day
of ,„13ar7 , 20j_?.> ("Effective Date"), by and between UNION PACIFIC
RAILROAD COMPANY, a Delaware corporation, to be addressed at Real Estate
Department, 1400 Douglas Street, Mail Stop 1690, Omaha, Nebraska 68179
("Railroad") and the CITY OF FORT WORTH, a municipal corporation or political
subdivision of the State of Texas to be addressed at 200 Texas Street, Fort Worth, TX
76102 ("Political Body").
RECITALS:
Presently, the Political Body utilizes the Railroad's property for the existing at
grade public road crossing over Timberland Boulevard, DOT Number 795350M at
Railroad's Milepost 738.61 on Railroad's Choctaw Sub at or near FORT WORTH,
TARRANT COUNTY, TEXAS
The Political Body desires to undertake as its project (the "Project") the widening
of the existing at-grade road crossing, installation of concrete crossing surface, lights,
and gates over the Timberland at-grade public crossing. The road crossing, as
reconstructed and widened is hereinafter the "Roadway."
The Railroad right of way being utilized for the existing at grade public road
crossing is not sufficient to allow for the reconstruction and widening of the Roadway.
Therefore, under this Agreement, the Railroad will be granting additional rights to the
Political Body to facilitate the reconstruction and widening of the Roadway. The portion
of Railroad's property that Political Body needs to use in connection with the Roadway
(including the right of way being utilized for the existing at grade crossing) is shown on
the Railroad's location print marked Exhibit A and further described in the plans
marked Exhibit A-1, with each exhibit being attached hereto and hereby made a part
hereof (the "Crossing Area").
In support of its Project, the Political Body has requested the Railroad's
cooperation in connection with installing grade crossing protection devices, installing
OFRECORD
CITY SECRETARY
FT.
WORTHS TX
highway traffic control signals, and installing the necessary relays and other materials
required to interconnect and coordinate the operation of said railroad grade crossing
protection devices with the operation of said highway traffic control signals. Said work
is to be performed at the sole expense of Political Body.
The Railroad and the Political Body 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 THIRTY SEVEN THOUSAND SIX HUNDRED
DOLLARS ($37,600.00) to be paid by the Political Body to the Railroad upon the
execution and delivery of this Agreement and in further consideration of the Political
Body's agreement to perform and comply with the terms of this Agreement, the Railroad
hereby grants to the Political Body the right to construct, maintain and repair the
Roadway over and across the Crossing Area.
For purposes of advanced signal preemption, Railroad hereby grants permission
and authority to Political Body and/or its Contractor (as defined below) to install the
conduit with the necessary wiring on Railroad right of way on the condition that prior to
performing any work on Railroad's property, Political Body shall, or shall require its
Contractor to, notify the Railroad and/or enter into a right of entry agreement with
Railroad, as applicable pursuant to the terms and conditions of this Agreement.
Section 3. DEFINITION OF CONTRACTOR
For purposes of this Agreement the term "Contractor" shall mean the contractor
or contractors hired by the Political Body 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 Political Body 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 Political Body 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
UP File Folder No. 2561-02
D. If the Political Body's own employees will be performing any of the Project
work, the Political Body 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 Political Body 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. NO PROJECT EXPENSES TO BE BORNE BY RAILROAD
The Political Body agrees that no Project costs and expenses are to be borne by
the Railroad. In addition, the Railroad is not required to contribute any funding for the
P roject.
Section 7. WORK TO BE PERFORMED BY RAILROAD; BILLING SENT
TO POLITICAL BODY; POLITICAL BODY'S PAYMENT OF BILLS
A. The work to be performed by the Railroad, at the Political Body's sole cost
and expense, is described in the Railroad's Summary of Signal Material and Force
Account Work dated September 19, 2017, and Summary of Surface Material and Force
Account work dated June 15, 2018, both marked Exhibit C, attached hereto and hereby
made a part hereof (the "Estimate(s)"). As set forth in the Estimates, the Railroad's
estimated cost for the Railroad's signal work associated with the Project is Seven
Hundred Twenty Seven Thousand Eighty Nine Dollars ($727,089.00) and surface work
associated with the project is One Hundred and Five Thousand Nine Hundred and
Eighteen Dollars ($105,918.00).
B. The Railroad, if it so elects, may recalculate and update the Estimates
submitted to the Political Body in the event the Political Body 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 Political Body acknowledges that the Estimates include an estimate of
flagging or other protective service costs that are to be paid by the Political Body 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 Political Body or the Contractor as determined by the Railroad and the
Political Body. If it is determined that the Railroad will be billing the Contractor directly
for such costs, the Political Body agrees that it will pay the Railroad for any flagging
costs that have not been paid by any Contractor within thirty (30) days of the
Contractor's receipt of billing.
D. The Railroad shall send progressive billing to the Political Body during the
Project and final billing to the Political Body within one hundred eighty (180) days after
receiving written notice from the Political Body that all Project work affecting the
Railroad's property has been completed.
E. The Political Body agrees to reimburse the Railroad within thirty (30) days
of its receipt of billing from the Railroad for one hundred percent (100%) of all actual
costs incurred by the Railroad in connection with the Project including, but not limited to,
all actual costs of engineering review (including preliminary 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. PLANS
A. The Political Body, at its expense, shall prepare, or cause to be prepared
by others, the detailed plans and specifications for the Project and the Structure and
submit such plans and specifications to the Railroad's Assistant Vice President
Engineering-Design, or his authorized representative, for prior review and approval.
The plans and specifications shall include all Roadway layout specifications, cross
sections and elevations, associated drainage, and other appurtenances.
B. The final one hundred percent (100%) completed plans that are approved
in writing by the Railroad's Assistant Vice President Engineering-Design, or his
authorized representative, are hereinafter referred to as the "Plans". The Plans are
hereby made a part of this Agreement by reference.
C. No changes in the Plans shall be made unless the Railroad has consented
to such changes in writing.
D. The Railroad's review and approval of the Plans will in no way relieve the
Political Body or the Contractor from their responsibilities, obligations and/or liabilities
under this Agreement, and will be given with the understanding that the Railroad makes
no representations or warranty as to the validity, accuracy, legal compliance or
completeness of the Plans and that any reliance by the Political Body or Contractor on
the Plans is at the risk of the Political Body and Contractor.
Section 9. 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 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 Political Body
mutually agree in writing to (i) deem the approved Non Railroad Facilities plans and
specifications to be Plans pursuant to Section 8B, (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 10. 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 Political Body in the event the Political Body 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 Political Body 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 11. CONDITIONS TO BE MET BEFORE
POLITICAL BODY CAN COMMENCE WORK
Neither the Political Body nor the Contractor may commence any work within the
Crossing Area or on any other Railroad property until:
(i) The Railroad and Political Body have executed this Agreement.
(ii) The Railroad has provided to the Political Body the Railroad's written
approval of the Plans.
(iii) 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.
(iv) 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 12. FUTURE PROJECTS
Future projects involving substantial maintenance, repair, reconstruction, renewal
and/or demolition of the Roadway shall not commence until Railroad and Political Body
agree on the plans for such future projects, cost allocations, right of entry terms and
conditions and temporary construction rights, terms and conditions.
Section 13. ASSIGNMENT; SUCCESSORS.AND ASSIGNS
A. Political Body 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
Political Body.
Section 14. SPECIAL PROVISIONS PERTAINING TO AMERICAN
RECOVERY AND REINVESTMENT ACT OF 2009
If the Political Body will be receiving American Recovery and Reinvestment Act
("ARRA") funding for the Project, the Political Body agrees that it is responsible in
performing and completing all ARRA reporting documents for the Project. The Political
Body 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 Political
Body and not of the Railroad, and (ii) the Political Body shall not delegate any ARRA
reporting responsibilities to the Railroad. The Political Body also confirms and
acknowledges that (i) the Railroad shall provide to the Political Body 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 Political Body to perform and complete the
ARRA reporting documents. The Railroad confirms that the Political Body 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 15. SIGNAL PREEMPTION
A. Political Body and Railroad, severally and collectively, agree to
interconnect and coordinate the operation of the railroad grade crossing protection
devices with the operation of the highway traffic control signals at the Crossing Area, in
accordance with the design schematic marked Exhibit E, hereto attached and hereby
made a part hereof (the "Designs").
B . Political Body, at its expense, shall furnish all material, labor,
equipment and supervision for the installation and maintenance of highway traffic
control signals at the Crossing Area, as applicable in accordance with the Designs.
C. Railroad, at Political Body's expense, shall furnish all material, labor,
equipment and supervision for the work described in the Estimate(s) and in accordance
with the Designs, including, as applicable, installation of signals and/or appurtenances
and installation of the necessary relays and other materials required to interconnect and
coordinate the operation of the highway traffic control signals to be installed by the
Political Body.
D. Each party shall take all suitable precautions to prevent any
interference (by induction, leakage of electricity or otherwise) with the operation of the
other party's signals or communications lines, or those of its tenants; and if, at any time,
the operation or maintenance of its signals results in any electrostatic effects, the party
whose signals are causing the interference shall, at its expense, immediately take such
action as may be necessary to eliminate such interference.
E. Except as set forth in this Section, Political Body shall not be liable to
Railroad on account of any failure of Railroad's warning devices to operate properly, nor
shall Railroad have or be entitled to maintain any action against Political Body arising
from any failure from Railroad's warning devices to operate properly. Similarly, Railroad
shall not be liable to Political Body on account of any failure of Political Body's traffic
signal to operate properly, nor shall Political Body have or be entitled to maintain any
action against Railroad arising from any failure of Political Body's traffic signal to
operate properly.
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly
executed as of the Effective Date first herein written.
UNION PACIFIC RAILROAD COMPANY
(Federal Tax ID #94-6001323)
By. 0 .
Printed Name:
Title: Senior Director- Real Estate
A��r as to Corm:
,4tinrn�`r
CITY OF FORT WORTH
By:
Printed Name: Jesus J. Chapa
Title: Assistant City Manager
CITY OF FORT WORTH
APPR AL RECOMMENDED:
By:
Dougt3s W. Wiersig, P. .
Director, Transportatio & Public Works
Contract Compliance Manager:
By signing, I acknowledge that I am the person responsible for the monitoring and
administration of this contract, including ensuring all performance and reporting
requirements.
Leon Wilson, Jr., P.E.
Senior Professional Engineer
,JJ
APPROVED A• TO FO M AND LEGALITY
By.
Jessica angsvang vcy
Assistan 'City Attorney
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s
ATTEST: Form 1295 No.N/A
Mary J. Kay,e �2�` M&C No.: C-28556
City Secretary e
M&C Date: 1-30-18
�`�CAS
EXHIBIT A
TO
PUBLIC HIGHWAY AT GRADE CROSSING AGREEMENT
Exhibit A will be a print showing the Crossing Area (see Recitals)
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NOTE: BEFORE YOU BEGIN ANY WORK, SEE
LEOENDo AGREEMENT FOR FIBER OPTIC PROVISIONS.
EXHIBIT A
EXISTING CROSSING AREA------ ® UNION PACIFIC RAILROAD COMPANY
New Crossing Area ---- ® FORT WORTH . TARRANT COUNTY, TX
M.P. 738.61 — CHOCTAW SUB
UPRRCO.R/W OUTLINED ....... ---------
MP—TP TX V-9 / 15
CADD 0256102.DGN SCALE: 1 = 100
FILENAME OFFICE OF REAL ESTATE
OMAHA. NEBRASKA DATE: 10/25/2017
SCAN 0256102—T22OL15.tif
FILENAME AJM FILE: 2561-02
EXHIBIT A-1
TO
PUBLIC HIGHWAY AT GRADE CROSSING AGREEMENT
Exhibit A-1 will be the plans for the New Crossing Area(see Recitals)
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EXHIBIT B
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PUBLIC HIGHWAY AT GRADE CROSSING AGREEMENT
SECTION 1. CONDITIONS AND COVENANTS
A. The Railroad makes no covenant or warranty of title for quiet possession or
against encumbrances. The Political Body 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 Political Body 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 Political Body for the purpose of
conveying electric power or communications incidental to the Political Body'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 Political Body 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 Political Body 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 Political Body shall not damage, destroy or interfere with the property or rights of
nonparties in, upon or relating to the Railroad's property, unless the Political Body 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 Political Body 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.
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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 Political Body 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 Political Body, 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 Political Body, 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 Political
Body 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 Political Body 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.
D. All construction work of the Political Body 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 Political Body. The Political Body 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 Political Body, in the performance of any work contemplated by this
Agreement or by the failure to do or perform anything for which the Political Body is
responsible under the provisions of this Agreement, shall injure, damage or destroy
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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 Political
Body at the Political Body's own expense, or by the Railroad at the expense of the
Political Body, 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 Political Body 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 Political Body shall reimburse the Railroad for the
amount of the contract.
SECTION 5. MAINTENANCE AND REPAIRS
A. The Political Body 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 Political Body elects to have the surfacing material between
the track tie ends, or between tracks if there is more than one railroad track across the
Crossing Area, replaced with paving or some surfacing material other than timer
planking, the Railroad, at the Political Body'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 Political Body 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 Political Body 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.
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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 Political Body 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 Political Body 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
Political Body shall include work both within and outside of the Railroad's property.
B. Entry on to Railroad's Property by Political Body. If the Political Body's
employees need to enter Railroad's property in order to perform an inspection of the
Roadway, minor maintenance or other activities, the Political Body 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 Political Body, 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 Political Body's employees, or damage to any property
or equipment (collectively the "Loss") that arises from the presence or activities of
Political Body'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 Political Body's employees need to enter Railroad's property as
provided in Paragraph B above, the Political Body agrees to notify the Railroad
Representative at least thirty (30) working days in advance of proposed performance of
any work by Political Body 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 Political Body whether a flagman need be present and whether Political Body
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
Political Body for such expenses incurred by Railroad. If Railroad performs any
flagging, or other special protective or safety measures are performed by Railroad,
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Political Body agrees that Political Body 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, Political Body
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 Political Body 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, Political Body 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, Political Body 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 Political Body shall comply with all applicable
federal, state and local laws, regulations and enactments affecting the work. The
Political Body shall use only such methods as are consistent with safety, both as
concerns the Political Body, the Political Body's agents and employees, the officers,
agents, employees and property of the Railroad and the public in general. The Political
Body (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 Political Body to comply with any such laws,
6
regulations, and enactments, shall result in any fine, penalty, cost or charge being
assessed, imposed or charged against the Railroad, the Political Body 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 Political Body 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 Political Body shall not do, suffer or permit
anything which will or may obstruct, endanger, 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 Political Body, at its own expense, shall adequately police
and supervise all work to be performed by the Political Body, 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 Political Body
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 Political Body
with any requests or recommendations made by such representatives. If a
representative of the Railroad is assigned to the Project, the Political Body 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 any time the Political Body'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 Political Body is being or is about to be
done or prosecuted without due regard and precaution for safety and security, the
Political Body shall immediately suspend the work until suitable, adequate and proper
protective measures are adopted and provided.
H. Removal of Debris. The Political Body 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 Political Body at the Political Body's own expense
or by the Railroad at the expense of the Political Body. The Political Body 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 Political Body 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
7
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 any
place 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 interference with 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 Political Body shall not excavate from existing slopes nor
construct new slopes which are excessive and may create hazards of slides or failing
rock, or impair or endanger the clearance between existing or new slopes and the
tracks of the Railroad. The Political Body 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 Political Body, at its own expense, shall install and maintain
adequate shoring and cribbing for all excavation and/or trenching performed by the
Political Body in connection with construction, maintenance or other work. The
shoring and cribbing shall be constructed and maintained 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 Political Body, at the Political Body'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 Political Body, at the Political Body'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 Political Body, 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 Political Body shall not obstruct or interfere with existing
ditches or drainage facilities.
L. Notice. Before commencing any work, the Political Body 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. Political Body 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
determine if fiber optic cable is buried anywhere on the Railroad's premises to be used
8
by the Political Body. If it is, Political Body 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 Political Body, or
by agreement between the parties, that new or improved train activated warning
devices should be installed at the Crossing Area, the Political Body 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 Political Body for a
period of three (3) years following the date of Railroad's last billing sent to Political
Body.
SECTION 12. REMEDIES FOR BREACH OR NONUSE
A. If the Political Body 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 Political Body will reimburse the Railroad for the expenses
thereof.
B. Nonuse by the Political Body 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 Political Body
hereunder.
C. The Political Body will surrender peaceable possession of the Crossing Area
9
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 madd in writing, signed by the Political Body 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 Political Body 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 Political Body 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.
10
Public Highway At-Grade Crossing 03/01/13
Standard Form Approved,AVP-Law
EXHIBIT C
TO
PUBLIC HIGHWAY AT GRADE CROSSING AGREEMENT
Exhibit C will be Railroad's Material and Force Agreement Estimates (see Recitals)
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-----------------------------.--------------------------------------------------------
DATE: 2018-06-15
ESTIMATE OF MATERIAL AND FORCE ACCOUNT WORK
BY THE
UNION PACIFIC RAILROAD
THIS ESTIMATE GOOD FOR 6 MONTHS EXPIRATION DATE IS :2018-12-14
DESCRIPTION OF WORK:
KELLER,TX / MT GILLEAD / DOT#795350M-4 / CHOCTAW SUB / MP 738.61
REMOVE EXISTING 32' CROSSING SURFACE, INSTALL NEW 88' CROSSING SURFACE
INCLUDING TIES, RAIL, AND OTM
PROJECT WAS BUILT USING FED ADDITIVE W/ OVERHEAD AND INDIRECT 234%
UPRR WILL BE REIMBURSED FOR 100% OF COST TO REPLACE THE CROSSING SURFACE
PID: 101543 AWO: MP,SUBDIV: 738.61, CHOCTAW
SERVICE UNIT: 11 CITY: KELLER STATE: TX
DESCRIPTION QTY UNIT LABOR MATERIAL RECOLL UPRR TOTAL
----------- --- ---- ----- -------- ------- -----
ENGINEERING WORK
ENGINEERING 3851 3851 3851
LABOR ADDITIVE 234% 9012 9012 9012
------- -------- -------- -------- --------
TOTAL ENGINEERING 12863 12863 12863
SIGNAL WORK
LABOR ADDITIVE 234% 1259 1259 1259
SIGNAL 640 5 645 645
------- -------- -------- -------- --------
TOTAL SIGNAL 1899 5 1904 1904
TRACK & SURFACE WORK
BALAST 2.00 CL 1430 2004 3434 3434
BILL PREP FEE 900 900 900
CONTRACT COSTS 25500 25500 25500
ENVIRONMENTAL PERMIT 10 10 10
FOREIGN LINE FREIGHT 1157 1157 1157
HOMELINE FREIGHT 900 900 900
LABOR ADDITIVE 234% 19625 19625 19625
MATL STORE EXPENSE 24 24 24
OTM 746 799 1545 1545
RAIL 240.00 LF 2506 4053 6559 6559
RDXING 88.00 TF 832 14121 14953 14953
SALES TAX 1172 1172 1172
TRK-SURF,LIN 2040 2040 2040
WELD 1882 378 2260 2260
XTIE 75.00 EA 3062 8010 11072 11072
------- -------- -------- -------- --------
TOTAL TRACK & SURFACE 32123 59028 91151 91151
------- --------
LABOR/MATERIAL EXPENSE 46885 59033 -------- --------
RECOLLECTIBLE/UPRR EXPENSE 105918 0 --------
ESTIMATED PROJECT COST 105918
THE ABOVE FIGURES ARE ESTIMATES ONLY AND SUBJECT TO FLUCTUATION. IN THE EVENT OF
AN INCREASE OR DECREASE IN THE COST OR QUANTITY OF MATERIAL OR LABOR REQUIRED,
UPRR WILL BILL FOR ACTUAL CONSTRUCTION COSTS AT THE CURRENT EFFECTIVE RATE.
Public Highway At-Grade Crossing 03/01/13
Standard Form Approved,AVP-Law
EXHIBIT D
TO
PUBLIC HIGHWAY AT GRADE CROSSING AGREEMENT
Exhibit D will be Contractor's Right of Entry Agreement (see Recitals)
1
UNION PACIFIC RAILROAD COMPANY
CONTRACTOR'S RIGHT OF ENTRY AGREEMENT BUILDING AMERICA
Form Approved:AVP Law 03/01/2013 _
Folder No.:
UPRR Audit No.:
CONTRACTOR'S RIGHT OF ENTRY
AGREEMENT
THIS AGREEMENT is made and entered into as of the day of
, 2017, by and between UNION PACIFIC RAILROAD COMPANY, a
Delaware corporation ("Railroad"); and
(Name of Contractor)
a corporation("Contractor").
RECITALS:
Contractor has been hired by for
of the at-grade public road crossing DOT at
Mile Posts on the Subdivision in ,
County, 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 an Agreementr dated between the Railroad and the
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 portions of Railroad's property specifically described herein, or as
designated by the Railroad Representative named in Article 4.
Articles of Agreement
Page 1 of 4
UNION PACIFIC RAILROAD COMPANY
CONTRACTOR'S RIGHT OF ENTRY AGREEMENT BUILDING AMERICA'
Form Approved:AVP Law 03/01/2013 _
ARTICLE 3 - TERMS AND CONDITIONS CONTAINED IN EXHIBITS B, C & 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, each
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"):
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
(Expiration Date)
provided, or 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 party.
Articles of Agreement
Page 2 of 4
UNION PACIFIC RAILROAD COMPANY
CONTRACTOR'S RIGHT OF ENTRY AGREEMENT BUILDING AMERICK
Form Approved:AVP Law 03/01/2013
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
Real Estate Department
1400 Douglas Street, MS 1690
Omaha, NE 681 79-1 69 0
UPRR Folder No.:
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 - 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 - CROSSINGS; COMPLIANCE WITH MUTCD AND FRA
GUIDELINES.
A. 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.
B. Any permanent or temporary changes, including temporary traffic control, to crossings must
conform to the Manual of Uniform Traffic Control Devices (MUTCD) and any applicable
Federal Railroad Administration rules, regulations and guidelines, and must be reviewed by
the Railroad prior to any changes being implemented. In the event the Railroad is found to
be out of compliance with federal safety regulations due to the Contractor's modifications,
negligence, or any other reason arising from the Contractor's presence on the Railroad's
property, the Contractor agrees to assume liability for any civil penalties imposed upon the
Railroad for such noncompliance.
Articles of Agreement
Page 3 of 4
UNION PACIFIC RAILROAD COMPANY
CONTRACTOR'S RIGHT OF ENTRY AGREEMENT BUILDING AMERICA
Form Approved:AVP Law 03/01/2013 _
ARTICLE 11 - EXPLOSIVES.
Explosives or other highly flammable substances shall not be stored or used on Railroad's
property without the prior written approval of Railroad.
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 994-6001323)
By:
Daniel Peters
Real Estate—Public Projects
(Name of Contractor)
By
Printed Name:
Title:
Articles of Agreement
Page 4 of 4
ry
MID
. x
aunt lea
911111
O• �
Q pp a
kn rossin.{I ikrea= 3,2831 qF Ft. =0.r07
f`rr}'-:fc i .'i)'!'�fi A1'r'��'7 Fy.?'r S 7"�d —0.74 /yfrf--s
Tota!
Crossing Area =9-562± , Ft. =0.211 sff
F
NOTE: BEFORE YOU BEGIN ANY WORK, SEE
LEOlIID+ AGREEMENT FOR FIBER OPTIC PROVISIONS.
EXHIBIT A
EXISTING CROSSING AREA------ ® UNION PACIFIC RAILROAD COMPANY
New Crossing Area •--- ® FORT WORTH . TARRANT COUNTY, TX
M.P. 738.61 - CHOCTAW SUB
UPRRCO.R/W OUTLINED........ ---------
MP-TP TX V-9 / 15
CADD 0256102.DGN SCALE: 1 " = 100'
FILENAME OFFICE OF REAL ESTATE
OMAHA. NEBRASKA DATE: 10/25/2017
SCAN 0256102-T2201-15. tif
FILENAME AJM FILE: 2561-02
UNION PACIFIC RAILROAD COMPANY
CONTRACTOR'S RIGHT OF ENTRY AGREEMENT RUILDiNG AMERICX
Form Approved:AVP Law 03/01/2013 0
EXHIBIT B
TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT
GENERAL TERMS & CONDITIONS
Section 1. NOTICE OF COMMENCEMENT OF WORK- FLAGGING.
A. Contractor agrees to notify the Railroad Representative at least thirty (30) 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), 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 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 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, 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 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
CONTRACTOR'S RIGHT OF ENTRY Page 1 of 4 Exhibit B
AGREEMENT General Terms&Conditions
Form Approved:AVP Law 03/01/2013
UNION PACIFIC RAILROAD COMPANY &IvftV CONTRACTOR'S RIGHT OF ENTRY AGREEMENT BUILDING AMERICA
Form Approved:AVP Law 03/01/2013
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. 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.
CONTRACTOR'S RIGHT OF ENTRY Page 2 of 4 Exhibit B
AGREEMENT General Terms&Conditions
Form Approved:AVP Law 03/01/2013
UNION PACIFIC RAILROAD COMPANY
CONTRACTOR'S RIGHT OF ENTRY AGREEMENT BUILDING AMERICA
Form Approved:AVP Law 03/01/2013
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 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 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.
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 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 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 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 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
CONTRACTOR'S RIGHT OF ENTRY Page 3 of 4 Exhibit B
AGREEMENT General Terms&Conditions
Form Approved:AVP Law 03/01/2013
UNION PACIFIC RAILROAD COMPANY
CONTRACTOR'S RIGHT OF ENTRY AGREEMENT BUILDING AMERICA
Form Approved:AVP Law 03/01/2013
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, 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 RIGHT OF ENTRY Page 4 of 4 Exhibit B
AGREEMENT General Terms&Conditions
Form Approved:AVP Law 03/01/2013
UNION PACIFIC RAILROAD COMPANY
CONTRACTOR'S RIGHT OF ENTRY AGREEMENT BUILDING AMERICA°
Form Approved:AVP Law 03/01/2013
EXHIBIT C
TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT
INSURANCE REQUIREMENTS
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:
• 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.
• 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 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:
• 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.
• 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 (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 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.
CONTRACTOR'S RIGHT OF ENTRY Page 1 of 2 Exhibit C
AGREEMENT Insurance Requirements
Form Approved:AVP Law 03/01/2013
UNION PACIFIC RAILROAD COMPANY
CONTRACTOR'S RIGHT OF ENTRY AGREEMENT BUILDING AMERICA
Form Approved:AVP Law 03/01/2013
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 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 RIGHT OF ENTRY Page 2 of 2 Exhibit C
AGREEMENT Insurance Requirements
Form Approved:AVP Law 03/01/2013
UNION PACIFIC RAILROAD COMPANY
CONTRACTOR'S RIGHT OF ENTRY AGREEMENT BUILDING AMERICA
Form Approved:AVP Law 03/01/2013
EXHIBIT Q
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. 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:
■ 100 feet of a locomotive or roadway/work 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.
CONTRACTOR'S RIGHT OF ENTRY Page 1 of 2 Exhibit D
AGREEMENT Minimum Safety Requirements
Form Approved:AVP Law 03/01/2013
UNION PACIFIC RAILROAD COMPANY
CONTRACTOR'S RIGHT OF ENTRY AGREEMENT BUILDING AMERICA
Form Approved:AVP Law 03/01/2013
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:
i. Familiar and comply with Railroad's rules on lockout/tagout of equipment.
ii. Trained in and comply with the applicable operating rules if operating any by-rail equipment on-track.
iii. 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 RIGHT OF ENTRY Page 2 of 2 Exhibit D
AGREEMENT Minimum Safety Requirements
Form Approved:AVP Law 03/01/2013
-------------------------------------------------------------------------------------
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