HomeMy Public PortalAboutORD16058BILL NO. 2020-017
SPONSORED BY Councilmember Hussey
ORDINANCE NO. &1056
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A PEDESTRIAN UNDERPASS
AGREEMENT WITH UNION PACIFIC RAILROAD COMPANY AND TO ACCEPT A
GRANT FROM THE PARKS FOUNDATION IN CONJUNCTION WITH THE
BICENTENNIAL BRIDGE.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS
FOLLOWS:
Section 1. The Mayor and City Clerk are hereby authorized to execute a
Pedestrian Underpass Agreement with Union Pacific Railroad Company.
Section 2. The agreement shall be substantially the same in form and content as
that agreement attached hereto as Exhibit A.
Section 3. The grant from the Parks Foundation as indicated in the Memorandum
attached hereto as Exhibit B is accepted.
Section 4. This Ordinance shall be in full force and effect from and after the date
of its passage and approval.
Passed:_L'u /1 aoav
G�,t,L S -t
Presiding Officer
ATTEST:
055
AmM 2 2 N w. wy r'
•• • -• Illi i!�
I
Mayor Carrie Tergin
APPROVED AS TO FORM:
City Attrney
U/4 rcvv v
UP Real Estate Folder No.: 3171-49
Audit Number: C S
PEDESTRIAN OVERPASS AGREEMENT
DOT 922521 M
MILE POST — 123.75, JEFFERSON CITY SUBDIVISION
JEFFERSON CITY, COLE COUNTY, MISSOURI
THIS AGREEMENT ("Agreement") is made and entered into as of the
0 d7 day of L11clober , 2020 ("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
68179-1690 ("Railroad") and CITY OF JEFFERSON, MISSOURI, a municipal
corporation of the State of Missouri to be addressed at 320 E. McCarty St.,
Jefferson City, MO 65102 ("Political Body").
RECITALS:
The Political Body desires to undertake as its project (the "Project")
the construction of a new grade separated OVERPASS structure (the "Structure") and
canopy ("Canopy Area") for bicycle and pedestrians traversing on DOT Number
922521 M at Railroad's Milepost 123.75 on Railroad's Jefferson City Subdivision at or
near Jefferson City, Cole County, Missouri (the "Crossing Area"). The Crossing Area
is shown on the print marked Exhibit A and Political Body's type, size and
location prints of the Structure marked Exhibit A-1 with each exhibit being attached
hereto and hereby made a part hereof.
The Political Body's use of the Crossing Area pursuant to the terms and
conditions of this Agreement, including but not limited to the Plans (defined below), will
include use by the Political Body and/or the Political Body's invitees for pedestrian and
bicycle traffic (the "Path").
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:
1
Section 1. EXHIBITS B AND C.
The general terms and conditions marked Exhibit B, and the Railroad's
Coordination Requirements marked Exhibit C, are attached hereto and hereby made a
part hereof.
Section 2. RAILROAD GRANTS RIGHT.
For and in consideration of the sum of TWENTY TWO THOUSAND
DOLLARS ($22,000.00) 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 Structure over and across the Crossing Area.
For in consideration of TEN THOUSAND DOLLARS ($10,000.00), the
Railroad hereby grants to the Political Body temporary construction rights to use
26,100 sq ft of Railroad's property shown and described and shown on Exhibit A.
The Political Body's use of such property shall be subject to the terms and conditions
of this Agreement and the obligation of Political Body and its contractors to comply
with such provisions. The temporary rights granted herein shall commence as of the
effective date of this Agreement and continue for twelve (12) months, or until the
project has been completed, whichever occurs earlier.
For purposes of this Agreement and the grant of rights hereunder with respect to
the Path by the Political Body, and/or the Political Body's invitees, use shall be limited to
pedestrians and bicyclists. The Political Body shall not use or permit the use of the
Path and/or the Crossing Area or any part hereof for any purpose other than the
purposes expressly stated herein.
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
involving the Project, and any subsequent maintenance or 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:
Manager - Contracts
Union Pacific Railroad Company
Real Estate Department
1400 Douglas Street, Mail Stop 1690
Omaha, NE 68179-1690
UP File Folder No. 3171-49
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.
E. In addition to the insurance coverage the Political Body's Contractor is
required to obtain pursuant to the Contractor's Right of Entry Agreement, the Political
Body shall, at its sole cost and expense, procure and maintain in effect during the entire
term of this Agreement the insurance required in Railroad's Insurance Requirements
marked Exhibit E, attached hereto and made a part hereof. The insurance to be
procured and maintained by the Political Body hereunder shall not be permitted to
expire or be canceled unless thirty (30) days prior written notice is provided to the
Railroad, and the Political Body shall notify the Railroad of any cancellation, suspension
or nonrenewal within seven (7) days of the Political Body's receipt of notice from the
insurance company to that effect. Subject to the Railroad's prior review and approval
(which approval shall be in the Railroad's sole discretion), the Political Body may self -
insure all or a portion of the insurance coverage required to be maintained by the
Political Body pursuant to Exhibit E.
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
Project.
Section 7. WORK TO BE PERFORMED BY THE 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 Material and Force Account Estimate
dated 2/12/2020, marked Exhibit F, attached hereto and hereby made a part
hereof (the "Estimate"). As set forth in the Estimate, the Railroad's estimated cost for
the Railroad's work associated with the Project is Fifty Thousand Dollars
($50,000.00).
B. The Railroad, if it so elects, may recalculate and update the Estimate
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 Estimate does 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 the Railroad prior to the Effective Date of this Agreement), construction,
inspection, flagging (unless flagging costs are to be billed directly to the Contractor),
4
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 appurtenances, associated drainage,
shoring, sheeting and excavations for bents and/or abutments next to or adjacent to the
Railroad's tracks and, if applicable, all demolition and removal plans for the existing
structure.
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. Upon completion of the Structure, the Political Body, at its expense, shall
furnish to the Railroad two (2) sets of reproducible "as constructed" Plans of the
Structure.
E. The Railroad's review and approval of the Plans in no way relieves 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 warranties 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,
5
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. DEFERRED SEASONING
The Political Body acknowledges that conditions inherent in the construction of
the Structure may delay the complete stabilization of the structure and Railroad's
trackage including, without limitation, new embankment, cuts or fills beyond the
construction period. Railroad's operation over such areas during this seasoning period
may impose extraordinary maintenance costs in the event of caving, sliding, slipping,
sinking or settling, including, without limitation, damage to rip -rapping or protective work
in connection therewith, as well as settlement and consolidation of tracks and ballast,
until such seasoning period is complete. Therefore, the Political Body shall pay to the
Railroad all that part of the cost and expense of extraordinary maintenance (hereinafter
referred to as "Deferred Seasoning") associated with the Project which can be attributed
to the partial or complete failure of subgrade and/or embankment, settlement, and
consolidation of subballast, or roadbed, or any combination thereof, which is incurred
during the period commencing immediately following completion of such work by the
Political Body or its Contractor and ending five (5) years thereafter. The Deferred
Seasoning costs aforesaid shall include reimbursement of the extra cost, in excess of
normal maintenance costs, of maintaining embankments and subgrade and that portion
of said tracks above subgrade in accordance with acceptable maintenance standards,
and will include cost of maintaining proper alignment, proper surface and use of ballast
and other necessary materials. The work of such Deferred Seasoning repair shall
normally be performed by the Railroad either with its own forces or through a
responsible contractor employed by the Railroad.
Section 11. RAILROAD'S COORDINATION REQUIREMENTS
The Political Body, at its expense, shall ensure that the Contractor complies with
all of the terms and conditions contained in the Railroad's Coordination Requirements
C.
that are described in Exhibit D, attached hereto and hereby made a part hereof, and
other special guidelines and/or requirements that the Railroad may provide to the
Political Body for this Project.
Section 12. EFFECTIVE DATE; TERM; TERMINATION
A. This Agreement shall become effective as of the Effective Date first herein
written and shall continue in full force and effect for as long as the Structure 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 13. 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 set forth in
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 Contractor's Right of Entry Agreement.
(v) The Political Body has procured the insurance required pursuant to
Exhibit E.
Section 14. FUTURE PROJECTS
Future projects involving substantial maintenance, repair, reconstruction, renewal
and/or demolition of the Structure 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 15. 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 16. 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 9 of Exhibit B of this Agreement.
Section 17. MONITORING AND MITIGATION OBLIGATIONS
The Political Body and the Railroad agree to continually assess and monitor the
public's use of the Path in accordance with the terms of this Agreement and shall
reasonably cooperate to address any safety concerns posed by the use of the Path by
the public, including without limitation, mitigating and deterring incidents of trespass by
the public on the Railroad's property. Any mitigation strategy proposed by the parties
shall take into consideration factors of cost and safety and shall not obstruct or hinder
the Railroad's operations. In accordance with this Agreement, the Railroad shall have
the right to review and approve plans for any improvements to be constructed or
installed on the Railroad's property as part of any mitigation strategy adopted by the
parties under this Section.
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 j" �
Printed Name: DANIEL A. LEIS
GENERAL DIRECTOR TE
Title:
CITY OF JEFFERSON
By
Printed Name: Carrie Tergin
Title: Mayor
ATTEST: E
AM, i
APPROVED AS F M:
City C ns r
11
EXHIBIT A
TO
PUBLIC HIGHWAY UNDERPASS AGREEMENT
Exhibit A will be a print showing the Crossing Area (see Recitals)
EXHIBIT A-1
TO
PUBLIC UNDERPASS AGREEMENT
Exhibit A-1 will be the type, size and location prints of the Structure.
TWP c
PI Sta. 2+43.09 (77'-208'-111') CONTINUOUS PLATE GIRDER SPANS sEc/suR 7 44N RGE 11 W
P.G. Do- 598.60 (89'-95'-95'-90') CONTINUOUS WIDE FLANGE BEAM SPANS
120" Pedestrian I,. -i... q OHE
Sta. 2+45.98 Chain Link Fence With Top (Typ.) Light Standar
P.G. Elev. 598.46 54" Pedestrian Fence (See Roadway Plans?
@ End of Slab 1 (Typ.)
@ I Trail
0
Concrete Curb
FIX d
4 r _ Exp. - a
_ ^ _ - - - /I 7-TOD of Driilad Shaft
1 / and Permanent Casing + e 1 m
�E ev. 564.00 -- L T Track .-. ExP. Ex
15' -0" 1 5 11 1 1(Typ. 7 1 o EXP. P• k
Anticipa+ed 15'-0" 500 yr• Flood �,{ d
Tap of Sound Rock Antic7Dated Clearance `v n- �.a Elay. 559. • p s
Elev. 556.00 io Top of Drilled Shaft 100 yr. Flood -- a z
50�
Top of Sound Rock L lmtts� - - _ rc� w and Permanent Castng I Elsv. 555.50_ - 'o
Elev. 551.00 ------ ^-�J___J___�___J_ _ _Elan- 546-00 1
______ -
,.. a ----'-'
c ___
1 TOD of Ra TOP of Ro' - _ ( , _ _ _ _ _ : LL
(Max.) with 2'-0" Ground Llne
Type 1 Rock Blanket Bot+om of Approximate -/App -T -t.-""- (Survey Data 20187
Exist. Sewer Fiber Optic t
and Permanent Erosion 5
Control Gootoxtlle Rock Socket 2 2'-0" Typo 1 Rock 8
E len. 543.00 Lino Locatton Location
I Roadway Item) Blanket and Permanent
Anticipated Erosion Controls e
Top of Sound Rock Geotextile (Typ•)
P.CIY� 0.85
P.C. 2+38.90
P -T. 2+42-91
0 - 37'43 39"
D - 477'7r7'S3.40"
L - 7.90
T - 4.10'
R - 12.0'
f End Bent
No. 1 /
Fill Face of ^/ 1
End Bent No. 1 I / ` ./
-_�_-_
B -1B
B-1 �Se
Bog. Sta. 2M5.9B
P.C. Elev. 598.46
N ori2ontal
D7Rensions
U. P. R.R ROW�0toyae
t\ atan
DEVELOPED ELEVATION - UNIT 1F U.P.R.R-
o\
Pt. ofMtn.Vert.f,,'le ran
200'-9"(Curb Limit)
208'-0"
Along & Trail 770'-9Spon (1-2) Span (2-3)
GENERAL PLAN - UNIT 1
No construction
aotivtties or other
obstruction, mayGbe Sllacod 1thinthe Itml+s fSee ho 100
specalprovtslons7 ya10.000
Indicates location of borings- ^57735
Notice and Disciat mar Regarding Boring Log Oatc " Top of
The locations of all subsurface borings for this structure are shown on the plan Roil
shaltfor this structure. The borndataforalllocations indi sated. a, well a5any other boring logs or other factual records of subsurface data andInvesttgattons ' Fill Face
performedbytheownerfor the design of the project. are shown on Sheets No. 39 thru 51. End Bent No.
orwill be ovatlable from the Project Contact upon writtenrequest.Nogreatersignificance or weight should be gtvan to the botlnadata dap lcted on the plan 75.-0"Track CEnd 8
,heeto than i, given to the subsur{ata data available from the owner or elsewhere. N,
The owner does of represent or warrant thatany such boring data accurately depicts MINIMUM CONSTRUCTION
the conditionsto be encountered in construct Ing thisporoseofA contractor assumes all
sksitmayencounterInbasingits bid prtcos. ti mp r chedulo of performance on the CLEARANCES
Doting data tlepcie0Hera orthoseavailable from the owner. or on any other !Normal to railroad)
documentation not expressly warranted. which the contractor may obtain from the owner. (Not to scale)
Note: This drawing is not to scale. Follow dl menslons.
ew'//eartwost-pw.bentl
a
g
ci0
Q Int. Bent\
V
No. 2
B-2
P.I.
7+41-25MP.C.
Octad "A"
S+a. 3+25.00P-G.El-
594.71
79'
DEVELOPED ELEVATION - UNIT 1F U.P.R.R-
o\
Pt. ofMtn.Vert.f,,'le ran
200'-9"(Curb Limit)
208'-0"
Along & Trail 770'-9Spon (1-2) Span (2-3)
GENERAL PLAN - UNIT 1
No construction
aotivtties or other
obstruction, mayGbe Sllacod 1thinthe Itml+s fSee ho 100
specalprovtslons7 ya10.000
Indicates location of borings- ^57735
Notice and Disciat mar Regarding Boring Log Oatc " Top of
The locations of all subsurface borings for this structure are shown on the plan Roil
shaltfor this structure. The borndataforalllocations indi sated. a, well a5any other boring logs or other factual records of subsurface data andInvesttgattons ' Fill Face
performedbytheownerfor the design of the project. are shown on Sheets No. 39 thru 51. End Bent No.
orwill be ovatlable from the Project Contact upon writtenrequest.Nogreatersignificance or weight should be gtvan to the botlnadata dap lcted on the plan 75.-0"Track CEnd 8
,heeto than i, given to the subsur{ata data available from the owner or elsewhere. N,
The owner does of represent or warrant thatany such boring data accurately depicts MINIMUM CONSTRUCTION
the conditionsto be encountered in construct Ing thisporoseofA contractor assumes all
sksitmayencounterInbasingits bid prtcos. ti mp r chedulo of performance on the CLEARANCES
Doting data tlepcie0Hera orthoseavailable from the owner. or on any other !Normal to railroad)
documentation not expressly warranted. which the contractor may obtain from the owner. (Not to scale)
Note: This drawing is not to scale. Follow dl menslons.
ew'//eartwost-pw.bentl
DETAIL "A" BRIDGE. BICENTENNIAL BRIDGE MARCH 2620
OVER U.P.R.R.
BEG. STA. 2+45.98 STD. 706.35 .7 o:sheot_01_R001.d gn 6�4 '13 AM 4/1J/2020
a
ci0
+cuRVE
P.I.
7+41-25MP.C.
5+87.59
WP.T.
A -
8+94. ?0
58'4132.64p
ROW
-
L -
19'05'54.94"R.R
307-31'Z
T -
R -
168.67'
300.0'
Int. Bent No. 4 -No.
Int.
3
Bent
C01um1.-�
®"
Q Trail.
grilled ShaftNStructure
Profile
b
Grade(TYP•7PC
d rt Rock Socket /
Sta.
5+87-59'W
Elav
582.24_
7PG
B-3_-
-_-___
___________LUrm
U
ZJB-4WSta.5+33.00
2
P. G.
Elev.84.83�_
(Sto. 6+45.00
54'-7"
'`� PG. EIev. 579.51
Z m Z
enh
O KSP-
(3-4)
W75"t.
PiIes
WE
TraiI.Structure
Profileroc Crede
Notes:Work
this sheet with Sheet No. 2.For
General Notes. Foundation Data.Estimated
Quant stes. Estimated
Quantities far Slab on Steel. see
Sheet No. 3.OAS
TM0010NPWl:
16197A19
DETAIL "A" BRIDGE. BICENTENNIAL BRIDGE MARCH 2620
OVER U.P.R.R.
BEG. STA. 2+45.98 STD. 706.35 .7 o:sheot_01_R001.d gn 6�4 '13 AM 4/1J/2020
jSte. t0+16.26
P.G. Elev. 561.88
Exp. Exp- 54" Pedestrian Fence @ EnTrot of,S lap d
500 yr. Flood Exp. 8
E lay. 559.50
Top of Orllled Shaftto. - x' Top of Grilled Shaft
an tl Permanent Casino El 5, 55550 Top of Orill.d Shaft g Exp' Top of Drllletl Sha{t
Elev. 550.00 and Permanent Casing - - - _ - _ Elev..552.00t Casing II
- - Elev. 549.00 - - - - - _ _ antl Permanent Casing FT..
__ _ .yam ••'
___________ _Elev. 550.00 r '83
----
2-' _T
_ S t
2,_0.. TYPe 1 YP Yp 1I�1 --- $^_
Rock B 1 anket ( E%ceDt at LFIII ---n
and Permanent int- St. No. 31
Eros(on Control
GeotextTI. Ground Line
(TyD.} 2.5:1 IH:V) Slope (Survey Data 2018) : §
(Normal)w'th 2' 0" o i
Anticipated andYPermanent Erosion O
Too of Sound flock Control Gootextilo W E
Elev. 508.00 Anticipated (Roadway Item)
- - Anticipated Top Of SOUnd ROCK Anticipated
Top of Sound Rock Elev. 498.00
tom
Elev. 498.00 Top of Sound Rock
E let. -094.00 p
RockSocket Note: Troll fill shall be comp Meted to the ♦+
Elev. 501.00 O final trall section and up to the elevation i
Bottom of Bottom of of the bottom of the concrete beam within
Rock Socket Rock Soakat Bottom o{ the limits of the structure and for not less
Elev. 491.Oa O5 Elev. 497.00 O O than 25 feet in back of the fill face of the $ q
Rock Socket antl pnt before an piles are driven for any
Elev. 485.00 bent.' -F. iling within the embankment section.
Notes: DEVELOPED ELEVATION - UNIT 2 Z
Work this shoot with Shoot No. 1. K
ForG. are Notes. Foundation Data. Estimated Quantities. a O
Est
i
mated Quantities for Slab on Steel, see Sheet No. 3. q: Int. Bent No. 7-y N
a Drilledack So She
W
Int. Bent No. 6� (Type) Z End Bent No. 8-� LU G @@
�W Z
CURVE C4 P.G. Elev.8570.72 Z 07 O
P.I. 7+41.25 ON- 11 / I F1 I I Fac. of W N J O 5
P - C- 5+87.59 �,bkL -_�_I� -- 1 End Bent No. 8 /^ Z W g
P.T. 8+94.90 V F J
�- 58'41'32.64" o :. �� "- 0 Z V
D- 19'0554.94" Se. Da+all "B" Z W
E Int. Bent No. 5-+\ x PT Sta. 8+94.90 Z F-
L - 307.31' / �- P.G. Elay. 567-64 I_ iSta. Ele- 0 Z C,
T - 168.67' l \ `�1 St E 125. 566.27
R - 300.0' Sta. 7+35.00 y� 1 Sia. 10+16.75 Q (Wj U
P. G. Elav- 575.24 1 \ /� 64.-t01" 30'-1}' 91'-9" P.C. El.- 561.85 Z m =
B-6� 1 rc eno O O I
\ �' K
371'- it 2) F LL
e-5 , 9
u
_ i
\ Light Standard \ ( 3 W g
Support (TYP-) /.� `\ J
T_ f Piles Int. Bent No. 4 yr GENERAL PLAN - UNIT 2 21 W §
\ • Rat lroad Notes:
\ 'I' rolect shall The yyroposed grade separation Dnot Microbes thecharacteristics
ditctl0s and /lo
drat nage structured
. quantity and/m of Me flor in the Railroad's
\ 90 eco The elevation of the existing to.vfYail proft Is shall be verifiBd before beginning construction. ASI discrepancies shall - s0 q
•\ be brought io the attention ot th Aai tree prior to canshvdti on. °a T
`\ Ca The contractor neat bbmit a proposed nethod of erosion end sedicent central and have the method approved by the Railroad.
All sho s,It., that Ilmact the Rall road's aVVmatims antl/or supports the Railroad's oicance nt shall be designed and -
conatructagd Dar currant Railroad GUldolinos for ter Shoring. "'°von w,m
B-4 ATI demos titans within the Rallread's rigry}�f-way and/or demolition that moy inpact the Railroad's tracks m operatims � 1g " , a
Ste . 6+45.00 1\_ and be In cow l i once with the Railrood s OemolI Ian Guidel Ines.
"-"�� e.., "o ar,R w71=0
P. G. Elev. 579.511\ Erection ever the Aai lroad'a right-of-wy 6haI be designed to Fause np IMern, tim to the Railroad's operation. t8" .esroxmer. w8 ;
enbeI ingths track(.) to remlon men to traffic per the Rai Irmd s roquire:ftc. f End NB,anB-'i mnwx ens TMs
Railroad requirenmts do not allow work within 50 feet of track centerline Men a train ponces the work site old all oearox rxa: tnWMo g
` pBr6amB m161 CBar the area within 25 feet Of the track CBltefl(n0 QM 9BCure all awipeent. q
DETAIL "B" M. xi cm me CA
Falpdr clearances shal I amply with mtntnutn construction clearances. muvnx. xe
Nate: This drawing is not to scala- Fol low dimensions. All parnanent clearances shall be vort4 sod before project closing. exewrrro: 2551
9
.w://b,rt... p bantl0v.com:bartw0at-ow-01/ gcumonts/Pro,/18000/1619%/1619/.410/M,craStati.n/1 19].410_00 _lront shgat_0 _RO0I.dq, 8:48:20 AM 4/1]/2020
EXHIBIT B
TO
PUBLIC HIGHWAY UNDERPASS 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.
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. The Railroad further reserves the right to
attach signal, communication or power lines to the Structure, provided that such attachments
shall comply with Political Body's specifications and will not interfere with the Political Body's
use of the Crossing Area.
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.
F. If any property or rights other than the right hereby granted are necessary for the
construction, maintenance and use of the Structure 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 STRUCTURE
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 Structure and all appurtenances thereof. The appurtenances shall include,
without limitation, all necessary and proper drainage facilities, guard rails or barriers, and
right of way fences between the Structure 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 Structure 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, the Railroad's Coordination Requirements set forth in Exhibit C
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
damage 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 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.
101
SECTION 4. RAILROAD MAY USE CONTRACTORS TO PERFORM WORK
The Railroad may contract for the performance of any of its work by other than 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, at its expense, shall maintain, repair, and renew, or cause to be
maintained, repaired and renewed, the entire Structure, including the waterproofing and
below, and further including, but not limited to, the superstructure, substructure, piers,
abutments, walls, approaches and all backfill, grading and drainage required by reason of the
Structure, as well as all graffiti removal or overpainting involving the Structure.
B. The Railroad, at its expense, will maintain, repair and renew, or cause to be
maintained, repaired and renewed, above the waterproofing, including, but not limited to, the
rails, ties, ballast and communication and signal facilities owned by the Railroad.
SECTION 6. 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 Structure, 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, 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
9
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, 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 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 falling 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 Structure 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 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 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 7. 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 construction or reconstruction of the Structure has been completed.
SECTION 8. 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 9. 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 10. 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 Structure 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.
7
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 and
Structure 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 11. 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 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.
8
EXHIBIT C
TO
PUBLIC PROJECT AGREEMENT
RAILROAD COORDINATION REQUIREMENTS
1.01 DEFINITIONS
Agreement: Agreement that has been signed, or will be signed, between Railroad and Agency
covering the construction and maintenance of the Project.
Agency: BICENTENNIAL BRIDGE, LLC
AREMA: American Railway Engineering and Maintenance -of -way Association
Contractor: The contractor or contractors hired by the Agency to perform any project work on any portion of
Railroad'sproperty 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.
MUTCD: Manual on Uniform Traffic Control Devices
Project: Bicentennial Bridge
Railroad: Union Pacific Railroad Company
Railroad Project Representative: Railroad's Manager of Industry and Public Projects for this Project (see Section
1.03)
Railroad MTM Representative: Railroad's Manager of Track Maintenance for this Project (see Section 1.03)
Requirements: The Railroad Coordination Requirements set forth in this Exhibit.
1.02 DESCRIPTION
This Project includes construction work within Railroad's right-of-way. These Requirements describe coordination
with the Railroad when work by the Contractor will be performed upon, over or under the Railroad right-of-way or
may impact current or future Railroad operations. The Contractor will coordinate with the Railroad while
performing the work outlined in this Agreement and shall afford the same cooperation with the Railroad as it does
with the Agency. All submittals and work shall be completed in compliance with these Requirements, Railroad
guidelines and requirements, AREMA recommendations and/or as directed by the Railroad Local Representative
and/or the Railroad MTM Representative.
1.03 UPRR CONTACTS
The Railroad Project Representative for this project is:
Jordon Albers
(402) 890-4754
For Railroad flagging services and track work, contact the following Railroad MTM
Representative:
Lucas R. Eaton
MGR I TRACK MNTCE
301 a state street
jefferson city, MO 65101
530/559-5310
Exhibit C
1.04 PLANS / SPECIFICATIONS
The plans and specifications for this Project, affecting the Railroad, are subject to the written approval by the
Railroad. Changes in the plans made after the execution of the Agreement and/or the awarding of the Project
to the Contractor are subject to the prior review and written approval of the Agency and the Railroad. No
construction work shall commence until final stamped plans and/or changes to final stamped plans have been
reviewed and approved by the Railroad in writing. The Railroad's review and approval of the Agency's and/or
Contractor's plans in no way relieves the Agency and Contractor from their responsibilities, obligations and/or
liabilities under this Agreement, Agency's agreement with the Contractor for the Project and/or in the separate
Contractor's Right of Entry Agreement referenced in Section 1.08. Railroad's approval will be given with the
understanding that the Railroad makes no representations or warranty as to the validity, accuracy, legal
compliance or completeness of Agency's and/or Contractor's plans and that any reliance by the Agency or the
Contractor with respect to such plans is at the risk of the Agency and the Contractor.
1.05 UTILITIES AND FIBER OPTICS
A. All installations shall be constructed in accordance with current AREMA recommendations and Railroad
specifications and requirements. Railroad general guidelines and the required application forms for utility
installations can be found on the Railroad website at http:/iwvvwrr.ce�n�lr�usf >K ipefi�elinstq(L l�fir�C.
B. It shall be the responsibility of the Contractor, at its expense, to make arrangements directly with utility
companies involving the protection, encasement, reinforcement, relocation, replacement, removing or
abandonment in place of non -railroad facilities affected by the Project. Railroad has no obligation to supply
additional Railroad property for non -railroad facilities affected by this Project, nor does the Railroad have any
obligation to permit non railroad facilities to be abandoned in place or relocated on Railroad's property. Any
facility and/or utility that crosses Railroad right of way must be covered under an agreement with the Railroad
including, without limitation, any relocations of an existing facility and/or utility.
C. Any longitudinal fiber optic lines on Railroad right of way shall be treated as Railroad facilities. Project design
may need to be altered to accommodate such facilities.
D. Any fiber optic relocations or protections that are required due to this Project will be at the Agency's expense.
1.06 GENERAL
A. It is essential that the proposed construction shall be performed without interference to Railroad operations
and in compliance with all applicable Railroad and Federal Railroad Administration rules and regulations. The
Railroad shall be reimbursed by the Contractor or Agency for train delay costs and lost revenue claims due to
any delays or interruption of train operations resulting from the Contractor's construction or other activities.
B. Track protection is required for all work equipment (including rubber tired equipment) operating within 25 feet
from nearest rail. All work shall be designed and executed outside the temporary construction clearance
envelope defined in Section 1.12.
C. The Contractor is also advised that new facilities within the Project may be scheduled to be built by the
Railroad and that certain Contractor's activities cannot proceed until that work is complete. The Contractor
shall be aware of the limits of responsibilities, allow sufficient time in the schedule for that work to be
accomplished and shall coordinate its efforts with the Railroad.
1.07 RAILROAD OPERATIONS
A. The Contractor shall be advised that trains and/or equipment should be expected on any track, at any time,
and in either direction. The Contractor shall communicate with the Railroad MTM Representative to improve
the Contractor's understanding of Railroad traffic volume and operation at the Project site. The Contractor's
bid shall be structured assuming intermittent track windows as defined in Section 1.07 C
Exhibit C 2
B. All Railroad tracks within and adjacent to the Project site are to be assumed as active and rail traffic over
these facilities shall be maintained throughout the Project. Activities may include both through moves and
switching moves to local customers. Railroad traffic and operations can occur continuously throughout the
day and night on these tracks and shall be maintained at all times as defined herein. The Contractor shall
coordinate and schedule the work so that construction activities do not interfere with Railroad's operations.
C. Work windows for this Project shall be coordinated with the Agency or Contractor and the Railroad Project
Representative and the Railroad MTM Representative. Types of work windows include Conditional Work
Windows and Absolute Work Windows, as defined below:
Conditional Work Window: A period of time in which Railroad's operations have priority over construction
activities. When construction activities may occur on and adjacent to the railroad tracks within 25 feet of
the nearest track, a Railroad flag person will be required. At the direction of the flag person, upon
approach of a train and when trains are present on the tracks, the tracks must be cleared (i.e., no
construction equipment, materials or personnel within 25 feet from the nearest active track or as directed
by the Railroad MTM Representative). Conditional Work Windows are available for the project subject to
Railroad's local operating unit review and approval.
Absolute Work Window: A period of time in which construction activities are given priority over Railroad's
operations. During this time the designated Railroad track(s) will be inactive for train movements and
may be fouled by the Contractor. Before the end of an Absolute Work Window, all Railroad tracks and
signals must be completely operational for normal train operations. Also, all Railroad, Public Utilities
Commission and Federal Railroad Administration requirements, codes and regulations for operational
tracks must be complied with. Should the operating tracks and/or signals be affected, the Railroad will
perform inspections of the work prior to placing the affected track back into service. Railroad flag persons
will be required for construction activities requiring an Absolute Work Window. Absolute Work Windows
will generally not be granted. Any request will require a detailed written explanation for Railroad
review and approval.
1.08 RIGHT OF ENTRY. ADVANCE NOTICE AND WORK STOPPAGES
A. Prior to beginning any work within the Railroad right-of-way, the Contractor shall enter into an agreement with
the Railroad in the form of the Contractor's Right of Entry Agreement, attached as Exhibit D, or latest version
thereof provided by the Railroad. There is a fee for processing of the agreement which shall be borne by the
Contractor. The right of entry agreement shall specify working time frames, flagging, inspection and insurance
requirements and any other items specified by the Railroad.
B. The Contractor shall give advance notice to the Railroad as required in the Contractor's Right of Entry
Agreement before commencing work in connection with construction upon or over Railroad's right-of-way and
shall observe the Railroad rules and regulations with respect thereto.
C. All work upon the Railroad right-of-way shall be done at such times and in such a manner as not to interfere
with or endanger the operations of the Railroad. Whenever work may affect the operations or safety of trains,
the method of doing such work shall first be submitted to the Railroad MTM Representative for approval, but
such approval shall not relieve the Contractor from liability. Any work to be performed by the Contractor,
which requires flagging service or inspection service, shall be deferred until the flagging protection required by
the Railroad is available at the job site. See Section 1.21 for railroad flagging requirements.
D. The Contractor shall make requests in writing to both the Railroad Project Representative and the Railroad
MTM Representative for both Absolute and Conditional Work Windows, at least two weeks in advance of any
work. The written request must include:
1. Description of work to be done.
2. The days and hours that work will be performed.
3. The exact location of the work and proximity to the tracks.
Exhibit C
4. The type of window and amout of time requested.
5. The designated contact person for the Contractor.
The Contractor shall provide a written confirmation notice to the Railroad MTM Representative at least fifteen
(15) days prior to commencing work in connection with the approved work windows when work will be
performed within 25 feet of any track center line. All work shall be performed in accordance with previously
approved work plans.
E. Should a condition arise from, or in connection with, the work which requires immediate and unusual actions
to be made to protect operations and property of the Railroad, the Contractor shall undertake such actions. If,
in the judgment of the Railroad MTM Representative, such actions are insufficient, the Railroad MTM
Representative may require or provide such actions as deemed necessary. In any event, such actions shall
be at the Contractor's expense and without cost to the Railroad. The Railroad or Agency have the right to
order the Contractor to temporarily cease operations in the event of an emergency or if, in the opinion of the
Railroad MTM Representative, the Contractor's operations may inhibit the Railroads operations. In the event
such an order is given, the Contractor shall immediately notify the Agency of the order.
1.09 INSURANCE
The Contractor shall not begin work within the Railroad's right-of-way until the Railroad has been furnished the
insurance policies, binders, certificates and endorsements required by the Contractor's Right -of -Entry Agreement,
and the Railroad Project Representative has advised the Agency that such insurance is in accordance with such
Agreement. The required insurance shall be kept in full force and effect during the performance of work and
thereafter until the Contractor removes all tools, equipment, and material from Railroad property and cleans the
premises in a manner reasonably satisfactory to the Railroad.
1.10 RAILROAD SAFETY ORIENTATION
All personnel employed by the Agency, Contractor and all subcontractors must complete the Railroad's
course "Orientation for Contractor's Safety" and be registered prior to working on Railroad property.
This orientation is available at www.contractororientation.com. This course is required to be completed
annually. The precedin training does not apply for longitudinal fiber optic installations.
1.11 COOPERATION
The Railroad shall cooperate with the Contractor in the scheduling of Project work with the understanding that
Railroad's train operations at the job site shall have priority over the Contractor's activities.
1.12 CONSTRUCTION CLEARANCES
The Contractor shall abide by the twenty-one (21) foot temporary vertical construction clearance defined in
section 4.4.1.1 and twelve (12) foot temporary horizontal construction clearance defined in section 4.4.1.2 of
BNSF and UPRR Guidelines for Railroad Grade Separation Projects. It shall be the Contractor's responsibility to
obtain such guidelines from the Agency or Railroad.
Reduced temporary construction clearances, which are less than construction clearances defined above, will
require special review and approval by the Railroad.
Any proposed variance on the specified minimum clearances due to the Contractor's operations shall be
submitted to the Railroad Project Representative through the Agency at least thirty (30) days in advance of the
work. No work shall be undertaken until the variance is approved in writing by the Railroad Project
Representative.
1.13 SUBMITTALS
A. Construction submittals and Requests for Information (RFI) shall be submitted per Section 3.5 of BNSF and
4
Exhibit C
UPRR Guidelines for Railroad Grade Separation Projects.
B. The minimum review times, as indicated in tables 3-1 and 3-2 of Section 3.5 of the BNSF and UPRR
Guidelines for Railroad Grade Separation Projects, should be anticipated for review of all submittals.
Guidelines for Railroad Grade Separation Projects, should be anticipated for review of all submittals. The
details of the construction affecting the Railroad tracks and property, not already included in the contract
plans, shall be submitted by the Agency to the Railroad Project Representative for the Railroad's review and
written approval before such construction is undertaken. The Railroad shall not be liable to Agency,
Contractor, and or any other person or entity if the Railroad's review exceeds a four-week review time.
C. As Built Submittals shall be submitted per Section 3.6 of BNSF and UPRR Guidelines for Railroad Grade
Separation Projects.
1.14 MAINTENANCE OF PROPER DRAINAGE AND DAMAGE TO RAILROAD FACILITIES
A. The Contractor, at its expense, shall be required to maintain all ditches and drainage structures free of silt or
other obstructions which may result from the Contractor's operations and to repair and restore any Railroad
property, tracks and facilities of Railroad and/or its tenants.
B. The Contractor must submit a proposed method of erosion control and have the method reviewed and
approved by the Railroad prior to beginning any grading on the project site. Erosion control methods must
comply with all applicable local, state and federal regulations.
1.15 SITE INSPECTIONS BY RAILROAD PROJECT REPRESENTATIVE,
RAILROAD MTM REPRESENTATIVE OR RAILROAD'S CONTRACTOR
A. In addition to the office reviews of construction submittals, site observations will be performed by the Railroad
Project Representative, Railroad MTM Representative or Railroad's Contractor at significant points during
construction per Section 4.11 of BNSF and UPRR Guidelines for Railroad Grade Separation Projects.
B. Site inspections are not limited to the milestone events listed in the guidelines. Site visits to check the
progress of work may be performed at any time throughout the construction process as deemed necessary by
the Railroad.
C. A detailed construction schedule, including the proposed temporary horizontal and vertical clearances and
construction sequence for all work to be performed, shall be provided by the Contractor to the Agency for
submittal to the Railroad's Project Representative for review and approval prior to commencement of work.
This schedule shall also include the anticipated dates on which the above listed events will occur. This
schedule shall be updated for all critical listed events as necessary but at least monthly so that site visits may
be scheduled.
1.16 RAILROAD REPRESENTATIVES
A. Railroad representatives, conductors, flag persons or watch persons will be provided by the Railroad at the
expense of the Agency or Contractor (as stated elsewhere in these bid documents) to protect Railroad
facilities, property and movements of its trains and engines. In general, the Railroad will furnish such
personnel or other protective services as follows:
1. When any part of any equipment or object, such as erection or construction activities, is standing or being
operated within 25 feet, measured horizontally from centerline, of any track on which trains may operate.
2. For any excavation below the elevation of track subgrade when, in the opinion of the Railroad MTM
Representative, the track or other Railroad facilities may be subject to settlement or movement.
During any clearing, grubbing, excavation or grading in proximity to Railroad facilities which, in the
opinion of the Railroad MTM Representative, may affect Railroad facilities or inhibit operations.
Exhibit C
4. During any Contractor's operations when, in the opinion of the Railroad MTM Representative, the
Railroad facilities, including, but not limited to, tracks, buildings, signals, wire lines or pipe lines, may be
endangered.
B, The Contractor shall arrange with the Railroad Local Representative to provide the adequate number of flag
persons to accomplish the work.
1.17 WALKWAYS REQUIRED
Parallel to the outer side of each exterior track of multiple operated track and on each side of single operated
track, an unobstructed continuous space suitable for trainman's use in walking along trains, extending in width not
less than twelve feet (12') perpendicular from centerline of track, shall be maintained. Any temporary impediments
to walkways and track drainage encroachments or obstructions allowed during working hours must be covered,
guarded and/or protected as soon as practical. Walkways with railings shall be constructed by the Contractor
over open excavation areas when in close proximity of track, and railings shall not be closer than 9' perpendicular
from the center line of tangent track or 9'— 6" horizontal from curved track.
1.18 COMMUNICATIONS AND SIGNAL LINES
If required, the Railroad, at Agency's expense, will rearrange its communications and signal lines, grade crossing
warning devices, train signals, tracks and facilities that are in use and maintained by Railroad forces in connection
with its operation. This work by the Railroad will be done by its own forces or by contractors under a continuing
contract and may or may not be a part of the work under this contract.
1.19 TRAFFIC CONTROL
The Contractor's operations which control traffic across or around Railroad facilities shall be coordinated with and
approved by the Railroad MTM Representative and shall be in compliance with the MUTCD.
1.20 CONSTRUCTION EXCAVATIONS; CALL BEFORE YOU DIG NUMBER
A. The Contractor shall be required to take special precautions and care in connection with excavating and
shoring. Excavations for construction of footings, piers, columns, walls or other facilities that require shoring
shall comply with requirements of OSHA, AREMA and Railroad "Guidelines for Temporary Shoring".
B. In addition to calling the "811" number and/or the local "one call center", the Contractor shall call the
Railroad's "Call Before Your Dig" number at least 48 hours prior to commencing work at 1-800-336-9193
during normal business hours (6:30 a.m. to 8:00 p.m. Central Standard Time, Monday through Friday, except
holidays - also a 24 hour, 7 day a week number for emergency calls) to determine location of fiber optics. If a
telecommunications system is buried anywhere on or near Railroad property, the Contractor will co-ordinate
with the Railroad and the Telecommunication Company(ies) to arrange for relocation or other protection of the
system prior to beginning any work on or near Railroad property. The determination of whether fiber optics
will be affected by the Project shall be made during the initial design phase of the Project.
C. The Railroad does not allow temporary at grade crossings unless absolutely necessary and there is no
alternative route available to contractor to access the project site. Alternative plans should be considered to
avoid crossing Railroad tracks at grade.
1.21 RAILROAD FLAGGING
Performance of any work by the Contractor in which person(s) or equipment will be within twenty-five (25) feet of
any track, or that any object or equipment extension (such as, but not limited to, a crane boom) will reach within
twenty-five (25) feet of any track, require railroad flagging services or other protective measures. The Contractor
shall give an advance notice to the Railroad as required in the Contractor's Right of Entry Agreement before
commencing any such work, allowing the Railroad to determine the need for flagging or other protective
6
Exhibit C
measures which ensure the safety of Railroad's operations, employees and equipment. Contractor shall comply
with all other requirements regarding flagging services covered by the Contractor's Right of Entry Agreement.
Any costs associated with failure to abide by these requirements will be borne by the Contractor.
The estimated pay rate for each flag person is $ per day for a(n) -hour work day with
time and one-half for overtime, Saturdays, Sundays; double time and one-half for holidays. Flagging rates
are set by the Railroad and are subject to change due to, but not limited to, travel time, setup plus, per
diem and rest time (if work is required at night).
1.22 CLEANING OF RIGHT-OF-WAY
The Contractor shall, upon completion of the work to be performed within the right-of-way and/or properties of the
Railroad and adjacent to its tracks, wire lines and other facilities, promptly remove from the Railroad right-of-way
all Contractor's tools, implements and other materials whether brought upon the right-of-way by the Contractor or
any subcontractors employee or agent of Contractor or of any subcontractor, and leave the right-of-way in a clean
and presentable condition to the satisfaction of the Railroad.
1.23 CONTRACTOR'S RESPONSIBILITY OF SUPERVISION
The Contractor, at its expense, shall adequately supervise all work to be performed by the Contractor. Such
responsibility shall not be lessened or otherwise affected by Railroad's approval of plans and specifications, or by
the presence at the work site of the Railroad Project Representative, Railroad MTM Representative or any other
Railroad representative or Railroad contractor providing inspection services, or by the compliance by the
Contractor with any requests or recommendations made by such representatives. The Contractor will give due
consideration to suggestions and recommendations made by such representatives for the safety and protection of
the Railroad's property and operations.
1.24 USE OF EXPLOSIVES AT PROJECT SITE PROHIBITED
The Contractor's use of explosives at the Project site is expressly prohibited unless authorized in advance in
writing by the Railroad Project Representative.
Exhibit C
F: Xt:ll---I k
TO
PUBLIC HIGHWAY UNDERPASS AGREEMENT
Exhibit D will be Form of Contractor's Right of Entry Agreement
Contractor's Right of Entry Public Projects Folder
Form Approved 08/01/2019
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
, a corporation ("Contractor")
RECITALS:
Contractor has been hired by
relating to
to perform work
(the "work") with all or a portion of such work to be performed on property of Railroad in the vicinity of Railroad's Milepost
on Railroad's [Subdivision or Branch] [at or near DOT No.
located at or near in County, State of , as such
location is in the general location shown on the print marked Exhibit A, attached hereto and hereby made a part hereof,
which work is the subject of a contract dated between Railroad and
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 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. For purposes
of clarity, Contractor agrees that any CIC (defined below) hired by Contractor is a subcontractor of Contractor and
therefore included in the defined term Contractor pursuant to the foregoing sentence.
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.
ARTICLE 3 - TERMS AND CONDITIONS CONTAINED IN EXHIBITS B AND C
The terms and conditions contained in Exhibit B and Exhibit C, 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
(including without limitation any CIC), or any costs or expenses incurred by Railroad relating to this agreement.
Contractor's Right of Entry Public Projects Folder
Form Approved 08/01/2019
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 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.
ARTICLE 7 - CERTIFICATE OF INSURANCE.
A. Before commencing any work and throughout the entire term of this Agreement, Contractor, at its
expense, shall procure and maintain in full force and effect the types and minimum limits of insurance specified in Exhibit
C of this agreement and require each of its subcontractors to include the insurance endorsements as required under
Section 12 of Exhibit B of this agreement.
B. Not more frequently than once every two (2) years, Railroad may reasonably modify the required
insurance coverage to reflect then -current risk management practices in the railroad industry and underwriting practices in
the insurance industry.
C. Upon request of Railroad, Contractor shall provide to Railroad a certificate issued by its insurance carrier
evidencing the insurance coverage required under Exhibit B.
D. Contractor understands and accepts that the terms of this Article are wholly separate from and
independent of the terms of any indemnity provisions contained in this Agreement.
D. Upon request of Railroad, insurance correspondence, binders, policies, certificates and endorsements
shall be sent to:
Union Pacific Railroad Company
1400 Douglas Street, Stop 1690
Omaha, NE 68179
Attn: Manager
Folder No. 2992-98
2
Contractor's Right of Entry Public Projects
Form Approved 08/01/2019
ARTICLE 8 - PRECONSTRUCTION MEETING.
Folder
If the work to be performed by the Contractor will involve the Railroad providing any flagging protection (or if a
CIC is approved to provide flagging protection pursuant to the terms set forth herein) and/or there is separate work to be
performed by the Railroad, the Contractor confirms that no work shall commence until the Railroad and Contractor
participate in a preconstruction meeting involving flagging procedures and coordination of work activities of the Contractor
and the Railroad (and any CIC, as applicable.)
ARTICLE 9. 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 10. ADMINISTRATIVE FEE.
Upon the execution and delivery of this agreement, Contractor shall pay to Railroad
Dollars ($ ) as reimbursement for clerical, administrative and
handling expenses in connection with the processing of this agreement.
ARTICLE 11. 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.
ARTICLE 12.- EXPLOSIVES.
Explosives or other highly flammable substances shall not be stored or used on Railroad's property without the
prior written approval of Railroad.
Contractor's Right of Entry Public Projects
Form Approved 08/01/2019
Folder
IN WITNESS WHEREOF, the parties hereto have duly executed this agreement in duplicate as of the date first
herein written.
UNION PACIFIC RAILROAD COMPANY
By:
Title:
(Name of Contractor)
By:
Title:
EXHIBIT A
TO
CONTRACTOR'S RIGHT OF ENTRY AGREEMENT
Exhibit A will be a print showing the general location of the work site.
EXHIBIT B
TO
CONTRACTOR'S RIGHT OF ENTRY AGREEMENT
Section 1. NOTICE OF COMMENCEMENT OF WORK - RAILROAD FLAGGING - PRIVATE FLAGGING.
A. Contractor agrees to notify the Railroad Representative at least ten (10) working days in advance of
Contractor commencing its work and at least 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.
B. 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 approved 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.
C. Contractor shall be permitted to hire a private contractor to perform flagging or other special protective or
safety measures (such private contractor being commonly known in the railroad industry as a contractor -in -charge ("CIC"))
in lieu of Railroad providing such services or in concert with Railroad providing such services, subject to prior written
approval by Railroad, which approval shall be in Railroad's sole and absolute discretion. If Railroad agrees to permit
Contractor to utilize a CIC pursuant to the preceding sentence, Contractor shall obtain Railroad's prior approval in writing
for each of the following items, as determined in all respects in Railroad's sole and absolute discretion: (i) the identity of
the third -party performing the role of CIC; (ii) the scope of the services to be performed for the project by the approved
CIC; and (iii) any other terms and conditions governing such services to be provided by the CIC. If flagging or other
special protective or safety measures are performed by an approved CIC, Contractor shall be solely responsible for (and
shall timely pay such CIC for) its services. Railroad reserves the right to rescind any approval pursuant to this Section 1,
Subsection C., in whole or in part, at any time, as determined in Railroad's sole and absolute discretion.
D. If any flagging or other special protective or safety measures are performed by employees of Railroad
and/or any contractor of 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.
E. If any flagging or other special protective or safety measures are performed by Railroad or a CIC,
Contractor agrees that Contractor is not relieved of any of its responsibilities or liabilities set forth in this agreement.
F. The provisions set forth in this subsection are only applicable for Flagging Services performed by
employees of Railroad: 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. If flagging is performed by
Railroad, 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.
B. The foregoing grant is also subject to all outstanding superior rights (whether recorded or unrecorded and
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 any work on Railroad property 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 then current safety standards located at the below web address ("Railroad's Safety Standards") 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 Railroad's Safety Standards to each of its employees before they enter
Railroad property.
illlj t'i€'il ti} �<l�}FC` , ��E)11 (l�t�� �<U�l�?�gEUsli6pi"t[1 t14 i�l�i>>Lti 11,,,�_Utl1 ��l_tit ,�i0itl ftCr.�_�ii���i��
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 (1) ANY WORK
PERFORMED BY CONTRACTOR, OR (11) 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 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.
Cl
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" on the subcontractor's Commercial General Liability policy and Umbrella or
Excess policies (if applicable) 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 10, and CG 20 37 (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.
EXHIBIT C
TO
CONTRACTOR'S
RIGHT OF ENTRY AGREEMENT
Union Pacific Railroad Company
Insurance Requirements For
Contractor's Right of Entry Agreement
During the entire term of this Agreement and course of the Project, and until all Project work on Railroad's property has
been completed and all equipment and materials have been removed from Railroad's property and Railroad's property
has been clean and restored to Railroad's satisfaction, Contractor shall, at its sole cost and expense, procure and
maintain 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.
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 instruct such
agent(s) and/or broker(s) to procure the insurance coverage required by this agreement. A BINDER STATING
THE POLICY IS IN PLACE MUST BE SUBMITTED TO RAILROAD BEFORE THE WORK MAY COMMENCE
AND UNTIL THE ORIGINAL POLICY IS FORWARDED TO UNION PACIFIC RAILROAD.
E. Umbrella or Excess insurance. If Contractor utilizes umbrella or excess policies, these policies must "follow
form" and afford no less coverage than the primary policy.
F. Pollution Liability insurance. Pollution liability coverage must be 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 separate policy form or by endorsement to Contractors CGL or RPL.
Any form coverage must be equivalent to that provided in ISO form CG 24 15 "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 business automobile, worker's compensation and employers liability) must
include Railroad as "Additional Insured" using ISO Additional Insured Endorsements CG 20 10, and CG 20 37 (or
substitute forms providing equivalent coverage). The coverage provided to Railroad as additional insured shall
not be limited by Contractor's liability under the indemnity provisions of this agreement. BOTH CONTRACTOR
AND RAILROAD EXPECT THAT UNION PACIFIC RAILROAD COMPANY WILL BE PROVIDED WITH THE
BROADEST POSSIBLE COVERAGE AVAILABLE BY OPERATION OF LAW UNDER ISO ADDITIONAL
INSURED FORMS CG 20 10 AND CG 20 37.
H. Punitive damages exclusion, if any, must be deleted (and the deletion indicated on the certificate of insurance),
unless (a) insurance coverage may not lawfully be obtained for any punitive damages that may arise under this
agreement, or (b) all punitive damages are prohibited by all states in which this agreement will be performed.
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 for damages covered by the workers compensation and
employers liability or commercial umbrella or excess liability obtained by Contractor required in this agreement
where prohibited by law. 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.
EXHIBIT E
RAILROAD'S INSURANCE REQUIREMENTS
PEDESTRIAN AND BICYCLE USE
Section 1. REQUIRED INSURANCE.
The Political Body shall, at its sole cost and expense, (except for Railroad Protective Liability
Insurance required in Paragraph D), procure and maintain in effect during the entire term of this
Agreement the following insurance coverage. The Political Body shall procure and maintain, or cause
to be procured and maintained by its Contractor, at its sole cost and expense, Railroad Protective
Liability Insurance coverage described in Paragraph D during any period of construction,
maintenance, repair, renewal, reconstruction or removal work.
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.
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 Railroad
Company 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.
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 instruct such agent(s) and/or broker(s) to procure the insurance coverage
required by this agreement. A BINDER STATING THE POLICY IS IN PLACE MUST BE
SUBMITTED TO RAILROAD BEFORE THE WORK MAY COMMENCE AND UNTIL THE
ORIGINAL POLICY IS FORWARDED TO UNION PACIFIC RAILROAD.
E. Umbrella or Excess insurance. If Contractor utilizes umbrella or excess policies, these
policies must "follow form" and afford no less coverage than the primary policy.
F. Pollution Liability insurance. Pollution liability coverage must be 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 separate policy form or by endorsement to
Contractors CGL or RPL. Any form coverage must be equivalent to that provided in ISO form
CG 24 15 "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 business automobile, worker's compensation and
employers liability) must include Railroad as "Additional Insured" using ISO Additional Insured
Endorsements CG 20 10, and CG 20 37 (or substitute forms providing equivalent coverage). The
coverage provided to Railroad as additional insured shall not be limited by Contractor's liability under
the indemnity provisions of this agreement. BOTH CONTRACTOR AND RAILROAD EXPECT THAT
UNION PACIFIC RAILROAD COMPANY WILL BE PROVIDED WITH THE BROADEST POSSIBLE
COVERAGE AVAILABLE BY OPERATION OF LAW UNDER ISO ADDITIONAL INSURED FORMS
CG 20 10 AND CG 20 37.
EXHIBIT F
ESTIMATE OF FORCE ACCOUNT WORK
BY THE
UNION PACIFIC RAILROAD COMPANY
DESCRIPTION OF WORK: Engineering and other related services for work to be performed within railroad right of way. This
includes railroad flagging services, project and construction management during construction activities in railroad right of way. All
necessary railroad services will be billed at actual cost.
DATE:
2/12/2020
LOCATION:
SUBDIVISION
STATE:
Jefferson City
DOT: 922521M
Jefferson City
MO
DESCRIPTION
LABOR
MATERIAL
UP %0
Agency % 100
TOTAL
ENGINEERING
Project Management
$ 15,000
$ -
$ -
$ 13,000.00
$ 15,000
Construction Submittals
$ -
$ -
$ -
$ -
$ -
Construction Management
$ 33,000
$ -
$ -
$ -
$ 33,000
Final inspection
$ 2,000
$ -
$ -
$ 2,000.00
$ 2,000
FLAGGING / INSPECTION SERVICES
RATE (per day) $ 1,526
Estimated # Days of Flagging $ _ $ _ $ _ $ _ $0
TOTAL PROJECT: $ 50,000 $ - $ - $ 15,000.00 $50,000
TOTAL ESTIMATED COST:
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, THE RAILROAD WILL BILL FOR ACTUAL
COSTS AT THE CURRENT RATES EFFECTIVE THEREOF.
$50,000
Flagging may be performed by a third -party contractor. Any flagging performed by a third -party contractor will be billed at said third -party
contractor rate not included in the above estimate, Alternatively, the Agency may enter into a separate agreement with third -party contractor
and will be responsible for all actual costs incurred.
Exhibit B
Memorandum
To: City Council
From: City Administrator
Re: Grant Acceptance Over $25,000
For: Council Agenda
Pursuant to Section 2- 28 of the City Code, I request authority to accept the following Grant:
The name of the grantor:
Parks Foundation
The amount of the grant:
$100,000.00
The purpose of the grant:
To fund the Union Pacific Railroad Company Pedestrian
Underpass Agreement and other incidental expenses
related to the construction of the Bicentennial Bridge,
Project Number 97621
Any matching requirements or future
Any additional funding necessary will come from Parks
obligations tied to acceptance of the grant:
funds.
GL Acct where matching funds will come
from (will be used for budget adjustment
upon grant acceptance to make budget
authority in expense acct shown below
whole)
CFDA#:
n/a
Grant Award # (if any):
n/a
City Department Responsible:
Public Works
Employee assigned as Grant
David Bange
Administrator:
Revenue account # to be amended:
21-210-430040 Local Grant
Expense account # to be amended:
21-990-57406 Bicentennial Bridge
Reviewed by Finance:
Please NOTE: Upon Approval of the Consent Agenda, the City Administrator may, on behalf of the city
execute any documents necessary for accepting the grant and amend the budget to reflect the acceptance of
such revenue, and amend the budget to reflect equivalent expenses so as to accomplish the purpose of such
funds.
For Finance Department Use only:
Approved by Bill ; Ordinance on this day of , 20
Revised 8/2/16 by Ordinance 15545