HomeMy WebLinkAboutC7. Montana Rail Agreement
Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Brit Fontenot, Economic Development Director SUBJECT: Montana Rail Link Construction and Maintenance Agreement for a Public Sidewalk Crossing in Bozeman, Montana at North Wallace Avenue
MEETING DATE: May 23, 2016 AGENDA ITEM TYPE: Consent RECOMMENDATION: Authorize the City Manager to sign the Montana Rail Link (MRL) Construction and Maintenance Agreement for a Public Sidewalk Crossing in Bozeman, Montana at North Wallace Avenue
BACKGROUND: As part of their safety and multi-modal connectivity vision for Northeast Urban Renewal District (the District), the Northeast Urban Renewal Board (the Board), in cooperation with the City and community partners is preparing to fund and construct a pedestrian improvement to the railroad crossing at North Wallace Avenue which will increase safety, convenience and connectivity to a progressively more active and vibrant section of Bozeman where multiple trails converge, see
Attachment 2. Recently, the City Commission created a Special Improvement District for properties located along North Wallace, including those inside the District, to fund the reconstruction of North Wallace Avenue from L Street to Lamme Street. The Board’s engineering team, KLJ, advised that improving the pedestrian crossing at the intersection of the railroad tracks and North Wallace Avenue while equipment and personnel are mobilized for the street reconstruction will result in a more cost effective project than if the work were done standalone. Based on this advice, the Board determined that adding the project as a change order to the existing North Wallace Avenue street reconstruction contract will save time, money and materials
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and result in a better overall outcome than if the projects were completed independently. The MRL construction contract outlines the duties and responsibilities for working in the railroad right of way to construct the crossing and some additional maintenance obligations particularly in the area of snow removal. The Parks Department was consulted and agreed to add the sidewalk and pedestrian crossing snow removal to the existing snow removal schedule, Attachment 1, Exhibits A
and C. In addition to some sidewalk installation, approximately 133 linear feet, and associated grading improvements, purpose-built panels will be embedded across the path in the tracks that will provide for a safe, smooth crossing, see Attachment 1, Exhibit A. Finally, as advised by the City Attorney, it is the intention of the Board to embed the language of the MRL contract into the existing North Wallace Avenue reconstruction contract via the change order process. FISCAL EFFECTS: The pedestrian crossing improvement at the North Wallace Avenue rail crossing is estimated to cost approximately $49,000, see Attachment 1, Exhibit B. In addition to District investment in this enhancement, the Board reached out to City and community stakeholders to assist with funding the improvement. The Board budgeted up to $40,000 for the project. The Parks, Recreation and Cemetery Department has committed $7,500 to the overall project and the Gallatin Valley Land Trust has committed and additional $7,500 thus reducing the District contribution to approximately $35,000. Finally, use of the crossing will only increase. The crossing’s proximity to several existing trail connections, including the proposed Front Street Trail Connector and as a result of increased Story Mill Park development, North Wallace Avenue and the surrounding trails will likely become well-traveled routes to the park. ATTACHMENTS: 1) Construction and Maintenance Agreement for a Public Sidewalk Crossing in Bozeman, Montana, Wallace Street (DOT #060 049 X) with Exhibits A, B and C; and 2) Enlarged map of the project area.
Report created on 5-12-16
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CONSTRUCTION AND MAINTENANCE AGREEMENT
FOR A PUBLIC SIDEWALK CROSSING IN BOZEMAN, MONTANA
WALLACE STREET (DOT# 060 049 X)
RAILROAD 2ND SUB RAILROAD MILEPOST 140.53
AGREEMENT, made this ____ day of __________, 2016, between the CITY OF
BOZEMAN, a political subdivision of the State of Montana, hereinafter referred to as "CITY", and
MONTANA RAIL LINK, INC., a Montana Corporation, hereinafter referred to as "RAILROAD".
WHEREAS, the CITY is proposing to undertake a project, which includes construction and
maintenance of a sidewalk adjacent to Wallace Street on, along and across RAILROAD right-of-way
located in Gallatin County, Montana, as is more particularly shown on map marked as Exhibit “A”
attached;
WHEREAS, the parties want this project to be constructed in accordance with plans and
specifications to be prepared by CITY;
WHEREAS, the CITY will undertake the construction of said project and the RAILROAD
will consent to the construction of said project upon the terms and conditions hereinafter stated and
will receive no net benefit.
NOW, THEREFORE, in consideration of the premises herein contained, the parties agree:
I
The CITY will construct or cause to construct, and thereafter own and maintain the sidewalk
facility in compliance with plans and specifications developed by the CITY. Nothing provided in
this agreement will be construed or deemed to be ratification or an adoption by the RAILROAD of
either or both said plans and specifications as its own.
The CITY will present the attached Exhibit “C”, contractor requirements for work on the
right-of-way of the RAILROAD, to its contractor. The CITY's contractor will comply with all
aspects of this attachment. There will be no equipment, manpower or work on the right-of-way of
the RAILROAD prior to approval by the RAILROAD. The CITY’s contractor(s) will telephone
the RAILROAD's Communication Network Control Center at (800) 338-4750 (a 24-hour
number), and Utilities Underground Location Center (800) 424-5555, to determine if underground
utilities or communication facilities are buried anywhere in the area.
Should it become necessary for the RAILROAD to obtain the services of a consultant
engineer or a contractor after this agreement is completed, and due to any exigency of the
RAILROAD and the project, the CITY and the RAILROAD will mutually agree, in writing, as to
the area of need and the RAILROAD's selection of a consultant or contractor.
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II
The CITY and the RAILROAD will perform various items of work as follows:
PART A
WORK TO BE PERFORMED BY THE CITY OR ITS CONTRACTOR AT CITY
EXPENSE:
1. Except as otherwise herein provided, furnish all plans, engineering, supervision,
labor, material, supplies and equipment necessary for construction of the project,
complete in all details.
2. Any work or modification which, under this contract, may be performed by the
contractor will nevertheless be the obligation of the CITY, and the RAILROAD will
be entitled to look to the CITY for full performance thereof.
PART B
WORK TO BE PERFORMED BY THE RAILROAD AT THE CITY'S EXPENSE:
1. Provide railroad flagging protection during construction as deemed necessary by the
RAILROAD.
2. Prepare the supporting track structure and to extend the concrete crossing surface
8.125 feet to the west on Wallace Street over the RAILROAD’s main line and siding
tracks.
III
All work to be done by the CITY or its contractor on the RAILROAD's right-of-way, will be
done in a manner satisfactory to the RAILROAD and will be performed so as not to unnecessarily
interfere with the movement of trains or traffic upon the track. The CITY will require its contractor
to take precautions to avoid damage to or interfere with the RAILROAD's track or trains and to
notify the RAILROAD, as per Exhibit "C," whenever the contractor is about to perform work on, or
adjacent to its track to enable the RAILROAD to furnish flagging and other necessary protective
services and devices to ensure the safety of railway operations. The RAILROAD can furnish such
flagging and protective services and devices that, in its judgment, are necessary to ensure the safety
of railway operations, and the CITY will reimburse the RAILROAD for the cost thereof. Whenever
safeguarding of the trains or traffic of the RAILROAD is mentioned in this agreement, it is intended
to include all permitted users of the RAILROAD's track.
The CITY, its contractors and subcontractors shall plan, schedule, coordinate and
conduct all work so as not to cause any delay to any train.
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IV
The CITY will reimburse the RAILROAD for the work it performs pursuant to this
agreement. The RAILROAD may assign any receivables due under this Agreement, provided,
however, such assignment will not relieve the assignor of any of its rights or obligations under this
agreement.
The estimated cost of work, except flagging, to be performed under this agreement by the
RAILROAD's forces at the expense of the CITY is shown on detailed estimate attached as Exhibit
"B" and made a part of this agreement.
The RAILROAD has reviewed and inspected the materials in the field prior to signing this
agreement. The salvage value of the materials, if any, to be retained by the RAILROAD is shown
on the attached Exhibit "B." The RAILROAD will dispose of all scrap from the railroad's work
covered in this agreement at CITY expense.
The RAILROAD may submit progress bills to the CITY during the progress of the work
included in this agreement for the actual cost of services and expenses incurred by the RAILROAD.
The CITY will reimburse the RAILROAD for the actual cost and expense incurred in connection
with said work.
It is further agreed that the final and complete billing of all incurred costs will be made by
the RAILROAD at the earliest practical date and that a final audit and review will be made by the
CITY. Records are to be available to the CITY or their authorized representatives for audit during
the contract period and for a period of three (3) years from the date of final payment.
V
All contracts between the CITY and a contractor, for the construction provided for, or
maintenance work on the sidewalk within the RAILROAD right-of-way, will require the contractor
to indemnify, defend, and hold harmless the RAILROAD and any other railroad company occupying
or using the RAILROAD's right-of-way, or line of RAILROAD, against all loss, liability and
damage including attorney’s fees arising from activities of the contractor, its forces or any of its
subcontractors or agents, and will further provide that the contractor will carry insurance of the kind
and amount with limits and endorsements hereinafter specified:
A. Commercial General Liability Insurance Each Occurrence Not less than $2,000,000 Personal Injury & Advertising Injury Not less than $1,000,000 General Aggregate Not less than $2,000,000 Products – Completed OPS Aggregate Not less than $2,000,000 RAILROAD must be listed as additional insured Commercial General Liability policy shall be endorsed “Contractual Liability – Railroads” ISO form CG 2417 or equivalent
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B. Automobile Insurance Combined Single Limit Not less than $1,000,000 RAILROAD must be listed as additional insured C. Workers Compensation Statutory Certificates of Insurance must be provided to the RAILROAD prior to commencement of work for all policies described above. D. Railroad Protective Liability insurance naming only the RAILROAD as the Insured with coverage of at least $2,000,000 per occurrence and $6,000,000 in the aggregate. The policy must be issued on a standard ISO form CG 00 35 10 93 and include the following: *Endorsed to include the Pollution Exclusion Amendment (ISO form CG 28 31 10 93) *Endorsed to include the Limited Seepage and Pollution Endorsement *Endorsed to remove any exclusion for punitive damages *No other endorsements restricting coverage may be added The original policy must be provided to the RAILROAD prior to performing any work or services under this Agreement. Not more frequently than every five years, RAILROAD may ask to reasonably modify the required insurance coverage to reflect then-current risk management practices in the railroad industry and underwriting practices in the insurance industry. Acceptance of a certificate that does not comply with this section shall not operate as a waiver of Contractor’s obligations hereunder. The fact that insurance (including, without limitation, self-insurance) obtained by Contractor shall 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 shall not be limited by the amount of the required insurance coverage.
ALL certificates of insurance required for contractor performed construction and/or
maintenance work will be forwarded to the RAILROAD at the following address:
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MONTANA RAIL LINK INC. Office of the Chief Engineer P.O. Box 16390 Missoula, MT 59808-6390 (406) 523-1440 Office (406) 523-1529 Fax
If the CITY, its contractor, subcontractors, or agents, in the performance of the work herein
provided for or by the failure to do or perform anything for which it is responsible under the
provisions hereof, shall damage or destroy any property of the RAILROAD, such damage or
destruction shall be corrected by the CITY in the event its contractor or the insurance carriers fail to
repair or restore the same.
VI
Upon completion of the work herein stated, the CITY will require its contractor to leave the
RAILROAD right-of-way in a condition satisfactory to the RAILROAD. This determination shall
be made by the RAILROAD’s Chief Engineer or his designee.
VII
The CITY agrees that in removing snow from said sidewalk, that the CITY will perform such
snow removal in a manner as not to deposit the snow or debris on the roadbed or tracks of the
RAILROAD. Any snow or debris deposited on the roadbed or track sections by actions of the CITY
will be removed by the RAILROAD with such costs of removal billed against the CITY. The
RAILROAD agrees to notify the CITY of any ongoing problem in this area.
VIII
The CITY will own and maintain the sidewalk and all appurtenances thereto. The CITY will
be responsible for all future maintenance, repair, improvement, modification or replacement, as
needed, based upon prevailing warrants, guidelines and conditions.
The CITY agrees that it will do nothing and permit nothing to be done in the maintenance of
the sidewalk which will interfere with or endanger facilities of the RAILROAD.
The RAILROAD, at its own cost and expense, will maintain the concrete crossing surface
in accordance with the laws and administrative rules of the State of Montana, provided, however,
that the RAILROAD shall be entitled to receive any contribution toward the cost of such
maintenance as may be now or hereafter be made available by reason of any law, ordinance,
regulation, order, grant, or by any other means or sources.
IX
In the event said sidewalk shall, at any time, cease to be used by the public or otherwise
become vacated or abandoned, the rights and benefits of the CITY under this agreement shall
immediately cease, and the CITY shall remove said sidewalk at its own cost and expense. To
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facilitate the CITY’s removal of the sidewalk, the RAILROAD will issue to the CITY, at no cost or
expense, a permit to accomplish said removal. If after a reasonable time the CITY has not removed
the facility, the RAILROAD, after providing the CITY a minimum of 60 days prior notification, may
remove said facility at the expense of the CITY.
X
All notices, billings, payments, and other required communications ("Notices") to the Parties shall
be in writing, and shall be addressed respectively as follows:
If to CITY: CITY OF BOZEMAN Office of City Manager Suite 201, City Hall P.O. Box 1230 121 North Rouse Avenue Bozeman, Mt. 59771 (406) 582-2306 If to RAILROAD: MONTANA RAIL LINK INC. Office of the Chief Engineer P.O. Box 16390 Missoula, MT 59808-6390 Telephone (406) 523-1440
All notices shall be given (i) by personal delivery to the Parties, or (ii) by electronic communication,
with a confirmation sent by mail, or (iii) by mail. All notices shall be effective and shall be deemed
delivered (i) if by personal delivery on the date of delivery if delivered during normal business
hours, and, if not delivered during normal business hours, on the next business day following
delivery, (ii) if by electronic communication on the next business day following receipt of the
electronic communication, or (iii) if solely by mail on the next business day after actual receipt. Any
Party may change its address by notice to the other Parties.
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XI
This agreement will be binding on the parties hereto, their successors and assigns.
MONTANA RAIL LINK, INC. (RAILROAD)
By:
Title:
CITY OF BOZEMAN (CITY)
By: Title:
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EXHIBIT BMONTANA RAIL LINK, INC.Add a concrete panel (1 each) to both the main line and siding track crossings
on Wallace Street in Bozeman, MT
3/24/2016
DETAILED ESTIMATE OF COST
UNITITEM QTY UNIT COST TOTAL
SUPVERVISOR TIME
ROADMASTER 3 HRS 77.75 $233
SIGNAL SUPEVISOR 0 HRS 95 $0
LABORSECTION GANG UNLOAD MATERIAL 4 HRS 228.25 $913 DISTRIBUTE MATERIAL 4 HRS 228.25 $913
PRODUCTION GANG
BUILD PANELS 8 HRS 321 $2,568
INSTALL PANELS 16 HRS 321 $5,136
RESET CONCRETE XINGS 16 HRS 321 $5,136
CRANE OPERATOR
LOCOMOTIVE CRANE 0 HRS 52.5 $0SURFACING SURFACE TURNOUTS 0 HRS 145 $0 SURFACE TRACK 8 HRS 145 $1,160
WELDERS
WELDING (4 WELDS) 8 HRS $96 $764
SIGNAL CREW
ADJUST UNDERGROUND CABLE 0 HRS 57 $0
MOVE SIGNAL MASTS 0 HRS 57 $0CLEANUP - CUTOVER 0 HRS 57 $0MOBILIZE 0 HRS 57 $0B&B CREW
0 HRS 188 $0
OVERTIME AND MILEAGE $16,590 10.00% $1,659
PRODUCTION PER DIEM 35 UNITS 78 $2,730
SURF. GANG PER DIEM 3 UNITS 78 $234
WELD GANG PER DIEM 3 UNITS 78 $234SIGNAL GANG PER DIEM 0 UNITS 95 $0CRANE OPERATOR PER DIEM 0 UNITS 78 $0B&B PER DIEM 0 UNITS 78 $0
EQUIPMENT RENTAL
HY-RAIL PICKUP 3 HRS 36.25 $109
BOOM TRUCK-SECTION 8 HRS 114.75 $918
PETTIBONE 40 HRS 119.00 $4,760
HY-RAIL PICKUP 20 HRS 36.25 $725
CREW CAB PICKUP 10 HRS 25.25 $253B&B TRUCK 0 HRS 114.75 $0TAMPER 3 HRS 529.50 $1,589REGULATOR 0 HRS 238.75 $0
LOCOMOTIVE CRANE 0 HRS 214.50 $0
WELDER'S TRUCK 8 HRS 114.75 $918
BOOM TRUCK - SIGNAL 0 HRS 114.75 $0
BOOM TRUCK - B&B 0 HRS 114.75 $0
SPIKER 0 HRS 343.75 $0FRONTEND LOADER 0 HRS 119.00 $0SIGNAL HY RAIL 0 HRS 36.25 $0WORK TRAIN W/CREW 0 HRS $0
JIMBO CRANE 0 HRS 214.50 $0
SIGNAL HY RAIL 0 HRS 36.25 $0
TIE CRANE 0 HRS 112.25 $0
TIE INSERTER 0 HRS 155.50 $0
SPIKER 0 HRS 343.75 $0
MATERIAL#11 SWITCH TIES 0 SET 5239.00 $0
# 9 SWITCH TIES 0 SET 4496.00 $0
#11 TURNOUT - SH 0 EA 0.00 $0
# 9 TURNOUT - 115# 0 EA 56500.00 $0
RAIL - 136# CWR 202 LF 11.85 $2,394
RAIL - 115# CWR 0 LF 11.63 $0
ANGLE BARS SH 0 PR 3.00 $0
1301
ITEM QTY UNIT COST TOTALCROSS TIES - 10 FT 120 EA 51.63 $6,196FIELD WELDS( Ex T.O.s) 4 EA 87.00 $348
ANCHORS SH 0 EA 1.68 $0
BOLTS AND WASHERS 0 EA 2.10 $0
TIE PLATES SH 128 EA 0.10 $13
SPIKES 2 KG 109.00 $218
INVENTORY MATERIAL ADDITIVE @ 5% $458BALLAST 180 NT 9.00 $1,620CONCRETE CROSSING SURFACES 16.25 TF 185.00 $3,006CONC. XING SURFACES (CURVED) 0 TF 212.75 $0
FREIGHT ON CROSSING SURFACE 1 LS 650.00 $650
UNDERGROUND CABLE 0 LS 0.00 $0
DRESS ROCK 0 LS 0.00 $0
MISC. CHARGES
CONTRACTOR W/EXCAVATOR 8 HRS 200.00 $1,600
CONTRACTOR W/LOADER 8 HRS 165.00 $1,3200 EA 0.00 $0TIE DISPOSAL 0 EA 4.50 $00 YDS 0.00 $0
ACCOUNTING FEE 1 EA 231.75 $232
COST TO CITY $49,006
SECTION CREW
1 FOREMAN 49.25 $49.25
1 TRUCK DRIVER 46.25 $46.25
1 MACHINE OPERATOR 46.25 $46.252 LABORERS 43.25 $86.505 TOTAL $228.25
CRANE OPERATOR
1 OPERATOR 52.5 $52.50
TOTAL $52.50
PRODUCTION CREW
1 FOREMAN 52.5 $52.501 MACHINE OPERATOR 1 49.25 $49.25
1 MACHINE OPERATOR 2 46.25 $46.25
4 LABORERS 43.25 $173.00
0 SPECIAL B 52.5 $0.00
7 TOTAL $321.00
HOURLY HOURLYSURFACING CREW WAGE COST
1 FOREMAN 52.5 $52.50
2 MACHINE OPERATORS 46.25 $92.50
3 TOTAL $145.00
HOURLY HOURLYSIGNAL CREW WAGE COST
1 FOREMAN 57 $57.00
0 LABORERS 46.25 $0.00
1 TOTAL $57.00
HOURLY HOURLY
WELDING CREW WAGE COST
1 FOREMAN 49.25 $49.251 WELDER - CLASS B 46.25 $46.251 WELDER - CLASS C 43.25 $43.25
3 TOTAL $95.50
HOURLY HOURLY
B&B CREW WAGE COST
1 FOREMAN 49.25 $49.253 CARPENTERS 46.25 $138.752 LABORERS 43.25 $86.50
6 TOTAL $188.00
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Exhibit C - Requirements for Contractors, Public Employees and Others (hereinafter referred to as Contractor) when working on the Railroad’s
Right of Way
(Note – these requirements do not apply to railroad workers and/or contractors or firms working for the Railroad). Any railroad worker, contractor, or firm doing work for the Railroad shall comply with the terms and conditions of their contract.) 1.01 General 1.01.01 The Contractor shall plan, schedule and conduct all work activities so as not to interfere with the movement of any trains on Railroad Property. 1.01.02 The Contractor's right to enter the Railroad's Property is subject to the absolute right of the Railroad to cause the Contractor's work on the Railroad's Property to cease if, in the opinion of the Railroad, Contractor's activities create a hazard to the Railroad's Property, employees, and/or operations. 1.01.03 The Contractor is responsible for determining and complying with all Federal, State and Local Governmental laws and regulations, including, but not limited to, environmental, health and safety. The Contractor shall be responsible for and indemnify and save the Railroad harmless from all fines or penalties imposed or assessed by Federal, State and Local Governmental Agencies against the Railroad which arise out of Contractor's work. 1.01.04 For false work, above any tracks or any excavations located, whichever is greater, within twenty-five (25)
feet of the nearest track or intersecting a slope from the plane of the top of rail on a 1 1/2 horizontal to 1 vertical
slope beginning at eleven (11) feet from center line of the nearest track, both measured perpendicular to center line of track, the Contractor shall furnish to the Railroad five sets of working drawings showing details of construction
affecting Railroad Property and tracks. The working drawings shall include the proposed method of installation and removal of false work, shoring or cribbing not included in the contract plans and two sets of structural calculations
of any false work, shoring or cribbing. All calculations shall take into consideration railroad surcharge loading and shall be designed to meet American Railway Engineering and Maintenance-of-Way Association (previously known
as American Railway Engineering Association) Coopers E-80 live loading standard. All plans and drawings must be approved by the Railroad. The Contractor shall be required to use lifting devices, such as cranes and/or winches,
to place or to remove any false work over the Railroad's tracks. In no case shall the Contractor be relieved of responsibility for results obtained by the implementation of said approved plans.
1.01.05 Subject to the movement of the Railroad's trains, the Railroad will cooperate with the Contractor such that
the work may be handled and performed in an efficient manner. The Contractor shall have no claim whatsoever for any type of damages in the event his work is delayed by the Railroad. 1.01.06 The Contractor shall take protective measures as are necessary to keep the Railroad’s facilities, including
track ballast, free of sand, debris, and other foreign objects and materials resulting from his operations. Any damage to Railroad facilities resulting from Contractor's operations will be repaired or replaced by the Railroad and the cost
of such repairs or replacement shall be paid for by the Contractor. 1.01.07 The Contractor shall abide by the following clearances during construction,
25'-0" Horizontally from centerline of the nearest track.
23’-0” Vertically above top of rail 1.01.08 The Contractor shall not move any equipment or materials across the Railroad's track unless at a public road crossings, or approved temporary crossing and permission has been obtained from the Railroad. 1.01.09 Discharge, release or spill on Railroad Property of any hazardous substances in excess of a reportable quantity or any hazardous waste is prohibited and Contractor shall immediately notify the Railroad's Chief Dispatcher at 1(800) 338-4750, of any discharge, release or spills. Contractor shall not allow Railroad Property to
become a treatment or storage facility as those terms are defined in the Resource Conservation and Recovery Act or any state analogue.
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1.01.10 The Contractor, upon completion of the work covered by this contract, shall promptly remove from the Railroad's Property all of Contractor's tools, equipment, implements and other materials, whether brought upon said property by said Contractor or any subcontractor, employee or agent of Contractor or of any subcontractor, and shall cause the Railroad's Property to be left in a condition acceptable to the Railroad's representative. 1.02 Protection of Railroad Facilities and Railroad Flagger Services: 1.02.01 The Contractor must provide notification to the Railroad’s local track supervisor a minimum of 48 hours prior to entry upon the Railroad’s right of way. For this project the local supervisor is Mr. Buck Tripp in Helena, MT who can be reached at 406-447-2353 or cell number 406-459-4400. 1.02.02 For work within 25 feet of any track, employees and agents of the Contractor must attend a safety job briefing to be held by the local track supervisor or his representative. With very few exceptions, all work within 25 feet of any track, must be performed under the direction and supervision of a Railroad flagman. All costs associated with providing a Railroad flagman will be the responsibility of the Contractor. A safety job briefing must be held with the Railroad’s representative whenever conditions, procedures or responsibilities change. At a minimum, one job briefing will be held each day before the start of work. 1.03 Contractor Safety Requirements 1.03.01 Any Contractor employee, its subcontractor’s employee, agents or invites under suspicion of being under the influence of drugs or alcohol, or in the possession of same, will be removed from the Railroad's Property and subsequently released to the custody of a representative of the Contractor. Future access to the Railroad's Property by that employee will be denied. 1.03.02 All persons are prohibited from having pocketknives with blades in excess of three (3) inches, firearms or other deadly weapons in their possession while working on Railroad Property. 1.03.03 All personnel protective equipment used on Railroad Property shall meet applicable OSHA and ANSI specifications. Railroad personnel protective equipment requirements are; a) safety glasses with side shields, b) hard hats, c) safety shoes: hardened toe, above-the-ankle lace-up with a defined heel and d) high visibility retro-reflective orange vests as required by the Railroad's representative in charge of the project. Hearing protection, fall protection and respirators will be worn as required by State and Federal regulations. 1.03.04 The Contractor shall not pile or store any materials, machinery or equipment closer than 25'-0" to the centerline of the nearest Railroad track. At highway/rail at-grade crossings, materials, machinery or equipment shall not be stored or left temporarily which interferes with the sight distances of motorists approaching the crossing. Prior to beginning work, the Contractor will establish a storage area with concurrence of the Railroad's representative. 1.03.05 Machines or vehicles must not be left unattended with the engine running. Parked machines or equipment must be in gear with brakes set and, if equipped with blade, pan or bucket, they must be lowered to the ground. All machinery and equipment left unattended on Railroad Property must be left inoperable and secured against movement. 1.03.06 Workers must not create and leave any conditions at the work site that would interfere with water drainage. Any work performed over water shall meet all Federal, State and Local regulations. 1.04 Excavation 1.04.01 Before excavating, it must be ascertained by the Contractor if there are any underground pipe lines, electric wires, or cables, including fiber optic cable systems, that either cross or run parallel with the track and are located within the project's work area. Excavating on Railroad Property could result in damage to buried cables resulting in delay to Railroad traffic, including disruption of service to users resulting in business interruptions involving loss of revenue and profits. Before any excavation commences, the Contractor must contact the Railroad's Signal
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Supervisor and Roadmaster. All underground and overhead wires must be considered HIGH VOLTAGE and dangerous until verified with the company having ownership of the line. It is also the Contractor's responsibility to notify any other companies that have underground utilities in the area and arrange for the location of all underground utilities before excavating. 1.04.02 The Contractor must cease all work and the Railroad must be notified immediately before continuing excavation in the area if unexpected obstructions are encountered. If the obstruction is a utility, and the owner of the utility can be identified, then the owner should also be notified immediately. If there is any doubt about the location of underground cables or lines of any kind, no work will be performed until the exact location has been determined. There will be no exceptions to these instructions. 1.04.03 All excavations shall be conducted in compliance with applicable OSHA regulations, and regardless of depth, shall be shored where there is any danger to tracks, structures or personnel. 1.04.04 Any excavations, holes or trenches on Railroad Property must be covered, guarded and/or protected when not being worked on. When leaving work site areas at night and over weekends, all areas must be secured and left in a condition that will ensure that Railroad employees and other personnel who may be working or passing through the area are protected from all hazards. All excavations must be back filled as soon as possible. 1.05 Hazardous Waste, Substances and Material Reporting 1.05.01 If Contractor discovers any hazardous waste, hazardous substance, petroleum or other deleterious material, including but not limited to any non-containerized commodity or material, on or adjacent to the railroad's Property, in or near any surface water, swamp, wetlands or waterways, while performing any work under this Agreement, Contractor shall immediately: (a) notify the Railroad's Chief Dispatcher at 1(800) 338-4750, of such discovery: (b) take safeguards necessary to protect its employees, subcontractors, agents and/or third parties: and (c) exercise due care with respect to the release, including the taking of any appropriate measure to minimize the impact of such release. 1.06 Insurance Requirements 1.06.01 For projects involving construction or demolition on the Railroad’s Right of Way, the Contractor will provide proof of insurance which conforms to the current requirements of the Railroad as shown attached. Unless specifically notified that Railroad Protective Insurance is not required, the Contractor should assume Railroad Protective Insurance is required. 1.07 Personal Injury Reporting 1.07.01 The Railroad is required to report certain injuries as a part of compliance with Federal Railroad Administration (FRA) reporting requirements. Any personal injury sustained by an employee of the Contractor, subcontractor or Contractor's invites while on the Railroad's Property must be reported immediately (by phone mail if unable to contact in person) to the Railroad's representative in charge of the project. The Non-Employee Personal Injury Data Collection Form contained herein is to be completed and sent by Fax to the Railroad at 1(406) 523-1529 and to the Railroad's representative no later than the close of shift on the date of the injury.
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NON-EMPLOYEE PERSONAL INJURY DATA COLLECTION INFORMATION REQUIRED TO BE COLLECTED PURSUANT TO FEDERAL REGULATION. IT SHOULD BE USED FOR COMPLIANCE WITH FEDERAL REGULATIONS ONLY AND IS NOT INTENDED TO PRESUME ACCEPTANCE OF RESPONSIBILITY OR LIABILITY. 1. Accident City/St 2. Date: Time: County: 3. Temperature: 4. Weather 5. Social Security # 6. Name (last, first, mi) 7. Address: Street: City: St. Zip: 8. Date of Birth: and/or Age Gender: (if available) 9. (a) Injury: (b) Body Part: [i.e. (a) Laceration (b) Hand] 11. Description of Accident (to include location, action, result, etc.): 12. Treatment:
G First Aid Only
G Required Medical Treatment
G Other Medical Treatment 13. Dr. Name 30. Date: 14. Dr. Address: Street: City: St: Zip: 15. Hospital Name: 16. Hospital Address: Street: City: St: Zip: 17. Diagnosis: FAX TO RAILROAD AT (406) 523-1529 AND COPY TO RAILROAD REPRESENTATIVE
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