Ordinance No. 11,882ORDINANCE' NO, 11,882
AN ORDINANCE 01"I"I IT CITY COUNCIL 01"I'l IE' CITY 01713AYTOWN, TEXAS,
AUTHORIZING AND DIRT CTIN(3 CITY MANAGI"'R TO EXECUTE AND
`THE CITY CLERK TO A FESTTO A PUBLIC HIGHWAY AT-GRADE CROSSING
IMPROVEMEN'I'ACiRl"EMI�N]'Wl']'I-I UNION PACIFIC RAILROAD COMPANY;
AUTHORIZING PAYMENT BY TH' CITY OF BAYTOWN,THE SUM Of,- FIFTY
THOUSAND AND NO/100 DOLLARS ($50,000.00); AND PROVIDING FOR THE
EFFECTIVE DATE'I"'HEREOF.
* * * * * * ** ** * ** *** ** * * * * * * * * * ** * ** * 4, ** ** * *** * * ** **:@ c**** ** ** * ** *** *** * * * * * * ** ** ** * **
BE IT ORDAINED BY THE CITY COtJNCIL OFTHE CITY OF BAYTOWN,TEXAS:
Section 1: That the City COLHICH of the City of Baytown, Texas, hereby authorizes and
directs the City Manager and City Clerk of the City of'Baytown to execute and attest to as Public Highway
At-Grade Crossing Improvement Agreement with Union Pacific Railroad Company, A cop), of said
agreement is attached hereto, marked Exhibit "A" and incorporated herein for all intents and purposes.
Section 2: That the City Council of the City of Maytown hereby authorizes payment of
J--'lFTYTI-IOtJSAND AND NO/100 DOLLARS ($50,000.00) to Union Pacific Railroad Company, for the
contract authorized in Section I hereof.
Section 3: That the City Manager is hereby granted general authority to approve any change
order involving a decrease or an increase in costs of' FIFTY Tl IOUSAND AND NO/100 DOLLARS
($50,000.00) or less, provided that the original contract Price may not be increased by more than twenty-
five percent (25%) or decreased by more than twenty-five percent (25%) Without the consent of the
contractor to such decrease,
Section 4: This ordinance shaH take effect immediately from and after its passage by the
City Council of the City of'Baytown. /1 7
INTRODUCED, RI AD, and PASSED by the affirmative vote City Council of the City of
Baytown, this the 23`1 da y of February, 2012.
X y tax;,
ATTZ,
LETICIA BR �S
3
APPROVED AS TO FORNI:
&VACID RAMIREZ, SR., City Attol-
� 61,c -
CARI-OS, Mayor
Exhibit "A"
Union Pacific Rmlmed ComPpy
PUBLIC HIGHWAY AT -GRADE CROSSING IMPROVEMENT AGREEMENT BUILDING AULWX
UPRR Folder No.: 2661 -09
UPRR Audit No.
PUBLIC HIGHWAY AT -GRADE CROSSING
IMPROVEMENT AGREEMENT
THIS AGREEMENT is made as of the day of , 20____,, by and
between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, or its predecessor
in interest, with amailing address at 1400 Douglas Street, MS 1690, Omaha, Nebraska, 68179 -1690
( "Railroad "), and the CITY OF BAYTO", a Texas municipal corporation with a mailing address
at 2401 Market Street, Baytown, Texas 77522 ("City").
RECITALS:
Presently, the City utilizes the Railroad's property for the existing Massey Tompkins Road
at -grade public road crossing, (DOT No. 762- 822P), at Railroad's Mile Post 28.69 on it's Baytown
Subdivision, in Baytown, Harris County, Texas (hereinafter the "Roadway").
The City now desires to undertake as its project (the "Project ") the widening of the existing
Roadway for a sidewalk. The existing aforementioned Roadway, as widened is hereinafter the
"Roadway" and where the Roadway crosses the Railroad's property is the "Crossing Area" in the
location shown on the Railroad Location Print marked Exhibit A, and as detailed on the Detailed
Print marked Exhibit A -1, each attached hereto and hereby made a part hereof.
The right of way utilized by the City for the existing Massey Tompkins Road at -grade public
road crossing is not sufficient to allow for the widening of the road crossing for the construction and
use of the new sidewalk. Therefore, under this Agreement, the Railroad will be granting an
additional right of way right to the City to facilitate the widening of the road crossing.
The Railroad and the Public Body and entering into this agreement to cover the above.
AGREEMENT:
NOW THEREFORE, in consideration of the premises and of the promises and conditions
hereinafter set forth, the parties hereto agree as follows:
SECTION 1.
The exhibits below are attached hereto and hereby made a part hereof.
Exhibit A Railroad Location Print
Exhibit A -1 Detailed Print
Exhibit B Railroad's Material and Force Account Estimate
Exhibit C Railroad's Form of Contractor's Right of Entry Agreement
2881 -09 C4 of Baytown, TX Page 1 of 5 January 26, 2012
Massey Tompkins Road
Union Pacific Railroad Company
PUBLIC HIGHWAY AT -GRADE CROSSING 114PROVEMENT AGREEMENT BUILDING AAA'
SEC'T'ION 2.
The Railroad, at City's expense, shall furnish all labor, material, equipment and supervision
for the Roadway improvements:
• Install additional 16 -feet of concrete road crossing surface; Install 25 cross ties; Install I
carload of ballast; and other track and surface materials
• Engineering, and
• Flagging.
SECTION 3.
A. The work to be performed by the Railroad, at the City's sole cost and expense, is described in
the Railroad's Material and Force Account Estimate dated October 5, 2011, in the amount of
$46,023.00, marked Exhibit B, attached hereto and hereby made a part hereof (the
"Estimate ").
B. The Railroad, if it so elects, may recalculate and update the Estimate submitted to the City in
the event the City does not commence construction on the portion of the Project located on
the Railroad's property within six (6) months from the date of the Estimate.
C. The City acknowledges that the Estimate does not include any estimate of flagging or other
protective service costs that are to be paid by the City or the Contractor in connection with
flagging or other protective services provided by the Railroad in connection with the Project.
All of such costs incurred by the Railroad are to be paid by the City or the Contractor as
determined by the Railroad and the City. If it is determined that the Railroad will be billing
the Contractor directly for such costs, the City agrees that it will pay the Railroad for any
flagging costs that have not been paid by any Contractor within thirty (30) days of the
Contractor's receipt of billing.
D. The City agrees to reimburse 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, actual
costs of preliminary engineering review, construction inspection, procurement of materials,
equipment rental, manpower and deliveries to the job site and all of the Railroad's normal
and customary additives (which shall include direct and indirect overhead costs) associated
therewith.
SECTION 4.
A. The City, at its expense, shall prepare, or cause to be prepared by others, the detailed plans
and specifications and submit such plans and specifications to the Railroad's Assistant Vice
President Engineering — Design, or his authorized representative, for review and approval.
The plans and specifications shall include all Roadway layout specifications, cross sections
and elevations, associated drainage, and other appurtenances.
B. The final one hundred percent (100 %) completed plans that are approved in writing by the
Railroad's Assistant Vice President Engineering--Design, or his authorized representative, are
hereinafter referred to as the "Plans ". The Plans are hereby made a part of this Agreement by
reference.
C. No changes in the Plans shall be made unless the Railroad has consented to such changes in
2661 -09 Ctty of Baytown, TX Page 2 of 5 January 26, 2012
Mosey Tompkins Road
Union Pacific Rallmad Company Btl1LDIIdG AEYIQtlCA'
PUBLIC HIGHWAY AT -GRADE CROSSING IMPROVEMENT AGREEMENT
writing.
D. Notwithstanding the Railroad's approval of the Plans, the Railroad shall not be responsible
for the permitting, design, details or construction of the Roadway.
SECTION S.
The Railroad, at the City's expense, shall maintain the crossing between the track tie ends. If,
in the future, the City elects to have the surfacing material between the track tie ends replaced with
paving or some surfacing material other than timber planking, the Railroad, at City's expense, shall
install such replacement surfacing.
SECTION 6.
A. The City, at its sole cost and expense, shall provide traffic control, barricades, and all detour
signing for the crossing work, provide all labor, material and equipment to install concrete or
asphalt street approaches, and if required, will install advanced warning signs, and pavement
markings in compliance and conformance with the Manual on Uniform Traffic Control
Devices.
B. The City, at its expense, shall maintain and repair all portions of the Roadway approaches
that are not within the track tie ends.
SECTION 7.
if City's contractor(s) is/are performing any work described in Section 4 above, then the City
shall require its contractor(s) to execute the Railroad's standard and current form of Contractor's
RigVt of Entry Agreement attached hereto as Exhibit C. City acknowledges receipt of a copy of the
Contractor's Right of Entry Agreement and understanding of its terms, provisions, and requirements,
and will inform its contractor(s) of the need to execute the Agreement. Under no circumstances will
the City's contractor(s) be allowed onto the Railroads premises without first executing the
Contractor's Right of Entry Agreement.
SECTION 8.
Fiber optic cable systems may be buried on the Railroad's property. Protection of the fiber
optic cable systems is of extreme importance since any break could disrupt service to users resulting
in business interruption and loss of revenue and profits. City or its contractor(s) shall telephone the
Railroad during normal business hours (7:00 a.m. to 9:00 p.m., Central Time, Monday through
Friday, except holidays) at 1- 800 -336 -9193 (also a 24 -hour number, 7 day number for emergency
calls) to determine if fiber optic cable is buried anywhere on the Railroad's premises to be used by
the City or its contractor(s). If it is, City or its contractor(s) will telephone the telecommunications
company(ies) involved, arrange for a cable locator, and make arrangements for relocation or other
protection of the fiber optic cable prior to beginning any work on the Railroad's premises.
SECTION 9.
The City, for itself and for its successors and assigns, hereby waives any right of assessment
against the Railroad, as an adjacent property owner, for any and all improvements made under this
agreement.
2881.09 city of Baytown. TX Page 3 of 5 January 26. 2012
Massey Tompkins Road
Union Pacific Railroad Company
PUBLIC HIGHWAY AT -GRADE CROSSING IMPROVEMENT AGREEMENT BUILDING A[YIeRtCK
SECTION 10.
Covenants herein shall inure to or bind each party's successors and assigns; provided, no right
of the City shall be transferred or assigned, either voluntarily or involuntarily, except by express prior
written consent of the Railroad.
SECTION 11.
The City shall, when returning this agreement to the Railroad (signed), cause same to be
accompanied by such Order, Resolution, or Ordinance of the governing body of the City, passed and
approved as by law prescribed, and duly certified, evidencing the authority of the person executing
this agreement on behalf of the City with the power so to do, and which also will certify that funds
have been appropriated and are available for the payment of any sums herein agreed to be paid by
City.
SECTION 12.
The City agrees to reimburse the Railroad the cost of future maintenance of the automatic
grade- crossing protection within thirty (30) days of the City's receipt of billing.
SECTION 13.
For and in consideration TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500.00) to
be paid by the City to the Railroad upon the execution and delivery of this Agreement and in further
consideration of the City's agreement to perform and abide by the terms of this Agreement including
all exhibits, the Railroad hereby grants to the City the right to establish or reestablish, construct or
reconstruct, maintain, repair and renew the road crossing over and across the Crossing Area.
SECTION 14. SPECIAL PROVISIONS PERTAINING TO AMERICAN RECOVERY
AND REINVESTMENT ACT OF 2009.
If the City will be receiving American Recovery and Reinvestment Act ( "ARRA ") funding
for the Project, the City agrees that it is responsible in performing and completing all ARRA
reporting documents for the Project. The City confirms and acknowledges that Section 1512 of the
ARRA provisions applies only to a "recipient" receiving ARRA funding directly from the federal
government and, therefore, (i) the ARRA reporting requirements are the responsibility of the City
and not of the Railroad and (ii) the City shall not delegate any ARRA reporting responsibilities to the
Railroad. The City also confirms and acknowledges that (i) the Railroad shall provide to the City
the Railroad's standard and customary billing for expenses incurred by the Railroad for the Project
including the Railroad's standard and customary documentation to support such billing and (ii) such
standard and customary billing and documentation from the Railroad provides the information
needed by the City to perform and complete the ARRA reporting documents. The Railroad
confirms that the City and the Federal Highway Administration shall have the right to audit the
Railroad's billing and documentation for the Project as provided in Exhibit B of this Agreement.
2661.09 City of Baytown, TX Page 4 of 5 January 26, 2012
Massey Tompkins Road
Union Pacific Railroad Company
PUBLIC HIGHWAY AT -GRADE CROSSING IMPROVEMENT AGREEMENT OWLDINGAMMWX
IN WITNESS WHEREOF, the parties hereto have caused this Supplemental Agreement to
be executed as of the day and year first hereinabove written.
k11'jvQ1:RX-3
ONION PACIFIC RAILROAD COMPANY
(Federal Tax ID #94- 6001323)
By:
PAUL G. FARRELL
Senior Manager Contracts
CITY OF BAYTOWN
By
Printed Name:
Title:
2661 -09 city of Baytown, TX Page 5 of 5 January 26, 2012
Massey Tornptdns Road
EXHIBIT A
To Public Highway At -Grade Crossing
Improvement Agreement
Cover Sheet for the
Railroad Location Print
N
I RAIL ROAD LOCATION PRINT
r.
aW OF AN EXISTING AT-GRADE PUBLIC ROAD CROSSING
SIDEWALK CROSSING CONSTRUCTION PROJECT
Oil Dr TraCk N�
0
;I act",
r
CIO 1 Massey Tompkins Road - DOT #762-822P
RR MP 2&69 - Baytown Subdivision
Existing At-Grade Public Road Crossing
MOldlaw lVd,
Sidewalk Construction Project,
97
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Ro
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toadov) q
500 M, 4j
01004011
2600 ft pp pa copy,66ki6vr �dil 11
RAILROAD WORK'1'0 BE PERFORMED: EXHIBrr "A"
UNION PACIFIC ]RAILROAD COMPANY
1, Install additional 16-fect of concrete road crossing panels; BAY'l'OWN SUBDIVIMN
Install 25 cress ties, Install I carload of ballast„ and other MILE POSI'28.69
track & surface materials. (311S: N 29" 45.'8 1 85', W 94' 56.H869'
2. E.119incering Review& Flagghlg. IMYTOWN, I IARRIS CO-TX.
Railroad Location Print of as new sidewaik,construction prtarjcci with the
CITY OF BAYTOWN.
Folder No. 2661-09 Dme: Jalrkmr�, 26,2012
WARNING
IN AI L OCCASIONS, U: V CONINIUMCWHONS DEPAR MUENT MUM III. IN ADVANCE
M ANY WOKK N:s EX111, ITNM ANP LOCATION OF FillVA OPIAC CAULF
ON 1•,(800) 336-9193
Exhibit A
Railroad Location Print
EXHIBIT A -1
To Public Highway At -Grade Crossing
Improvement Agreement
Cover Sheet for the
Detailed Print
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EXHIBIT B
To Public Highway At -Grade Crossing
Improvement Agreement
Cover Sheet for the
Estimate of Material and Force Account work
DATE: 2011 -10 -05
ESTIMATE OF MATERIAL AND FORCE ACCOUNT WORK
BY THE
UNION PACIFIC RAILROAD
THIS ESTIMATE GOOD FOR 6 MONTHS EXPIRATION DATE IS :2012 -04 -04
DESCRIPTION OF WORK:
2011 RECOLLECTABLE CROSSING SURFACE PROJECT
BAYTOWN SUBDIVISION/ M.P. 28.62/ DOT# 762822P/ MASSEY THOMPKIN
PROJECT IS 100% RECOLLECTABLE FROM THE CITY OF BAYTOWN, TX
ESTIMATED USING FEDERAL ADDITIVES WITH OVERHEAD AND INDIRECT
CONSTRUCTION COST OF - 205%
PID: 74052 AWO: 10479 MP,SUBDIV: 28.69, BAYTOWN
SERVICE UNIT: 09 CITY: UPOMAHA STATE: TX
DESCRIPTION
ENGINEERING WORK
ENGINEERING
LABOR ADDITIVE 205%
TOTAL ENGINEERING
SIGNAL WORK
LABOR ADDITIVE 2050
SIGNAL
TOTAL SIGNAL
TRACK & SURFACE WORK
ADV WARNING
BALAST
BILL PREP
ENVIRONMENTAL - PERMITS
EQUIP W /OPER
FOREIGN LINE FREIGHT
HOMELIKE FREIGHT
LABOR ADDITIVE 205%
MATL STORE EXPENSE
OTM
RDXING
SALES TAX
TRACK - RETIRE
TRK- SURF,LIN
XTIE
TOTAL TRACK & SURFACE
QTY UNIT LABOR
- -- - - -- - - - --
MATERIAL
-- - - - - --
RECOLL UPRR
- - - - - -- - - - --
TOTAL
- - - --
1000
1000
1000
2050
2050
2050
- - - - --
- - - - - --
3050
-- - - - - --
-- - - - - -- -- - - - - --
3050
--
3050
2337
2337
2337
1140
3
1143
1143
- - - - --
- - - - - --
3477
-- - - - - --
3
-- - - - - -- -- - - - - --
3480
--
3480
2500
2500
2500
1.00 CL 351
863
1214
1214
900
900
900
1
1
1
5000
5000
5000
77
77
77
900
900
900
12648
12648
12648
57
57
57
404
373
777
777
2665
3449
6114
6114
293
293
293
175
175
175
2714
2714
2714
25.00 EA 3427
2696
6123
- - - - --
6123
-- - - - - --
- - - - - --
22384
-- - - - - --
17109
-- - - - - -- --
39493
39493
LABOR /MATERIAL EXPENSE 28911 17112
RECOLLECTIBLE /UPRR EXPENSE
ESTIMATED PROJECT COST
EXISTING REUSEABLE MATERIAL CREDIT
SALVAGE NONUSEABLE MATERIAL CREDIT
RECOLLECTIBLE LESS CREDITS
-------- --------
46023 0 -- - - - - --
46023
0
0
THE ABOVE FIGURES ARE ESTIMATES ONLY AND SUBJECT TO FLUCTUATION. IN THE EVENT OF
AN INCREASE OR DECREASE IN THE COST OR QUANTITY OF MATERIAL OR LABOR REQUIRED,
UPRR WILL BILL FOR ACTUAL CONSTRUCTION COSTS AT THE CURRENT EFFECTIVE RATE.
PAGE 1 OF 1 1
EXHdBIT C
To Public Highway At -Grade Crossing
Improvement Agreement
Cover Sheet for the Form. of
Contractor's Right of Entry Agreement
UNION PACIFIC RAILROAD COMPANY
CONTRACTOR'S RIGHT OF ENTRY AGREEMENT (TEXAS CITIES /COUNTIES) BUILDING ACA°
UPRR Folder No. Folder Number
UPRR Audit No.
CONTRACTOR'S
RIGHT OF ENTRY AGREEMENT
(TEXAS CITIES /COUNTIES)
THIS AGREEMENT is made and entered into as of the ; "f day of
20___, by and between UNION PACIFIC RAILROAD COIANY, a Delaware corporation
( "Railroad "); and
(NAME OF
a corporation ( "Con
(Corporate Status)
Contractor has been hired by V relating to purpose (the "Work ") w ith 0,
Railroad in the vicinity of Railroad's Mile <�
near City, County, Texas, as. h location iS
P,�'nt marked Exhibit A, art ��sRwc f ed on
each attached hereto and hereb'�paF pare
(Date of
is williba to
follows:
ARTICLE 1-
y, ( "City or`c ty ") to perform work
,h work to be performed on property of
Railroad's Name of Subdivision in or
�
MEshown on the Railroad Location
no's collectively marked Exhibit A -1,
ork is the subject of a contract dated
the City or County.
to perform the work described above at the location
lions contained in this Agreement
AGREEMENT:
is mutually agreed by and between Railroad and Contractor, as
For purposes of this Agreement, all references in this agreement to Contractor shall include
Contractor's contractors, subcontractors, officers, agents and employees, and others acting under its
or their authority.
ARTICLE 2 - RIGHT GRANTED: PURPOSE.
Railroad hereby grants to Contractor the right, during the term hereinafter stated and upon
and subject to each and all of the terms, provisions and conditions herein contained, to enter upon
and have ingress to and egress from the property described in the Recitals for the purpose of
performing any work described in the Recitals above. The right herein granted to Contractor is
File Reference Articlea of Agreement Form of Contractors
Page 1 of 3 Right of Entry Agreement
UNION PACIFIC RAILROAD COMPANY
CONTRACTOR'S RIGHT OF ENTRY AGREEMENT (TEXAS CITIES /COUNTIES) BUILDING AMERICA°
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 EXIHBITS B. C AND D.
The Terms and Conditions contained in Exhibit B, the Insurance Requirements contained in
Exhibit C and the Minimum Safety Requirements contained in Exhibit D, each attached hereto, are
hereby made a part of this Agreement.
ARTICLE 4 -
REPRESENTATIVE.
A. Contractor shall bear any and all costs and expenses
Contractor; or any costs or expenses incurred by Rain
B. Contractor shall coordinate all of its work with the f0
duly authorized representative (the "Railroad &gV!ese
Name & Address of MTM
C. Contractor, at its own expense, shall ade
Contractor and shall ensure that such to
of Exhibit B. The responsibility: -' G
supervision of Contractor's work s'`1%111
approval of plans and specifications
performance of any wo `�� y the press
compliance by Con c 'th any
Representative. �+:r "'
r
performed by
his or her
& Address
ly poli66mnd supei se all v�.►^ to be performed by
a safe rrianne`as set forth in Section 7
ed'iir
c'G 1br safe conduct and adequate policing and
be lessened or otherwise affected by Railroad's
xqg the wofsk, or by Railroad's collaboration in
work sof a Railroad Representative, or by
tr recommendations made by Railroad
ARTICLE 5 - -TERM: TERMINA -TION: � ",'_:,
A. The grant of right��ll ff!k �iinade to Contractor shall commence on the date of this Agreement, and
"" ~' '' ; , unless sooner terminated as herein provided, or
continiie,until '-'f:t r +�:rE',! + -�t�. •'��r.,�.
at ch time as Contractor .ft" completed its work on Railroad's property, whichever is earlier.
r"�
Co ctor agrees to rial+ the Railroad Representative in writing when it has completed its work
on
B. This Agreement may# a teiinated by either party on ten (10) days written notice to the other
Ply ... d
ARTICLE 6 -
A. Before commencing any work, Contractor will provide Railroad with (i) the insurance binders,
policies, certificates and endorsements set forth in Exhibit C of this Agreement, and (ii) the
insurance endorsements obtained by each subcontractor as required under Section 12 of Exhibit
B of this Agreement.
B. All insurance correspondence, binders, policies, certificates and/or endorsements shall be sent to:
Union Pacific Railroad Company
1400 Douglas Street, MS 1690
Omaha, NE 68179 -1690
File Reference Articles of Agreement Forth of Contractors
Page 2 of 3 Right of Entry Agreement
UNION PACIFIC RAILROAD COMPANY
CONTRACTOR'S RIGHT OF ENTRY AGREEMENT (TEXAS CITIES /COUNTIES) BUILGINGAMCPXX
Attn: Senior Manager Contracts
UPRR Folder No. Folder Number
ARTICLE 7 - DISMISSAL OF CONTRACTORS 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 claimsarising from the removal of
any such employee from Railroad's property. W `
ARTICLE 8 -
No additional vehicular crossings (including temporary
over Railroad's trackage shall be installed or used by Corfctor
of Railroad. '
ARTICLE 9 - EXPLOSIVES.
Explosives or other highly fla
without the prior written approval of
IN WITNESS WHEREOF, tie p0# her
duplicate as of the date first herein writteiL'.:,..
<� UNTON PACIFIC RAILROAD COMPANY
{Federal Tax ID No. 94- 6001323)
By.
:
� ; N"
a� • y.
r.
not
written
crossings
property
duly executed this agreement in
By
PAUL G. FARRELL
Senior Manager Contracts
(NAME OF CONTRACTOR)
Printed Name:
Title:
Fftee Reference Articles of Agreement Forth of Contractor's
Page 3 of 3 Right of Entry Agreement
EXHIBIT A
TO CONTACTORS RIGHT OF ENTRY AGREEMENT
RAILROAD LOCATION PRINT
Exhibit A will be a print showing the general location of the right of entry area.
CROE -Texas City /County -ExB 1 WLDM AMERXX
Form Approved AVP -Law 031210 is
EXHIBIT B
TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT
TERMS AND CONDITIONS
Section 1. NOTICE OF COMMENCEMENT OF WORK - FLAGGING.
A. Contractor agrees to notify the Railroad Representative at least thirty (30) working days in advance of Contractor
commencing its work and at least ten (10) working days in advance of proposed performance of any work by Contractor in
which any person or equipment will be within twenty-five (25) feet of any track, or will be near enough to any track that any
equipment extension (such as, but not limited to, a crane boom) will reach to within twenty-five (25) feet of any track. No
work of any kind shall be performed, and no person, equipment, machinery, tool(s), material(s), vehicle(s), or thing(s) shall
be located, operated, placed, or stored within twenty-five (25) feet of any of Railroad's track(s) at any time, for any reason,
unless and until a Railroad flagman is provided to watch for trains. Upon receipt of such thirty (30)-day notice, the Railroad
Representative will determine and inform Contractor whether a flagman need be present and whether Contractor needs to
Implement any special protective or safety measures. If flagging or other special protective or safety measures are
performed by Railroad, Railroad will bill Contractor for such expenses incurred by Railroad, unless Railroad and a federal,
state or local governmental entity have agreed that Railroad is to bill such expenses to the federal, state or local
governmental entity. If Railroad will be sending the bills to Contractor, Contractor shall pay such bills within thirty (30) days
of Contractor's receipt of billing. If Railroad performs any flagging, or other special protective or safety measures are
performed by Railroad, Contractor agrees that Contractor is not relieved of any of its responsibilities or liabilities set forth in
this Agreement.
B. The rate of pay per hour for each flagman will be the prevailing hourly rate in effect for an eight -hour day for the class of
flagmen used during regularly assigned hours and overtime in accordance with Labor Agreements and Schedules in effect
at the time the work Is performed. In addition to the cost of such labor, a composite charge for vacation, holiday, health
and welfare, supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension,
Employees Liability and Property Damage and Administration will be included, computed on actual payroll. The composite
charge will be the prevailing composite charge in effect at the time the work is performed. One and one -half times the
current hourly rate is paid for overtime, Saturdays and Sundays, and two and one -half times current hourly rate for
holidays. Wage rates are subject to change, at any time, by law or by agreement between Railroad and its employees, and
may be retroactive as a result of negotiations or a ruling of an authorized governmental agency. Additional charges on
labor are also subject to change. If the wage rate or additional charges are changed, Contractor (or the governmental
entity, as applicable) shall pay on the basis of the new rates and charges.
C. Reimbursement to Railroad will be required covering the full eight -hour day during which any flagman is furnished, unless
the flagman can be assigned to other Railroad work during a portion of such day, in which event reimbursement will not be
required for the portion of the day during which the flagman is engaged in other Railroad work. Reimbursement will also be
required for any day not actually worked by the flagman following the flagman's assignment to work on the project for which
Railroad is required to pay the flagman and which could not reasonably be avoided by Railroad by assignment of such
flagman to other work, even though Contractor may not be working during such time. When it becomes necessary for
Railroad to bulletin and assign an employee to a flagging position in compliance with union collective bargaining
agreements, Contractor must provide Railroad a minimum of thirty (30) days notice prior to the cessation of the need for a
flagman. If thirty (30) days notice of cessation is not given, Contractorwill still be required to pay flagging charges for the
thirty (30) day notice period required by union agreement to be given to the employee, even though flagging Is not required
for that period. An additional ten (10) days notice must then be given to Railroad if flagging services are needed again after
such five day cessation notice has been given to Railroad.
Section 2. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED
A. The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation of the Railroad to use
and maintain its entire property including the right and power of Railroad to construct, maintain, repair, renew, use, operate,
change, modify or relocate railroad tracks, roadways, signal, communication, fiber optics, or other wirelines, pipelines and
other facilities upon, along or across any or all parts of its property, all or any of which may be freely done at any time or
times by Railroad without liability to Contractor or to any other party for compensation or damages.
CROE— Texas City/County —ExB Page 1 of Exhibit
Form Approved AVP-Law 031210 General Terms & Conditions
CROE — Texas City/County — Ex6 M)RDINy Aa41tRt .X
Form Approved AVP -Law 031210
4t,
B. The foregoing grant is also subject to all outstanding superior rights (including those in favor of licensees and lessees of
Railroad's property, and others) and the right of Railroad to renew and extend the same, and is made without covenant of
title or for quiet enjoyment.
Section 3. NO INTERFERENCE WITH OPERATIONS OF RAILROAD AND ITS TENANTS.
A. Contractor shall conduct its operations so as not to interfere with the continuous and uninterrupted use and operation of the
railroad tracks and property of Railroad, including without limitation, the operations of Railroad's lessees, licensees or
others, unless specifically authorized In advance by the Railroad Representative. Nothing shall be done or permitted to be
done by Contractor at any time that would in any manner impair the safety of such operations. When not in use,
Contractor's machinery and materials shall be kept at least fifty (50) feet from the centerline of Railroad's nearest track, and
there shall be no vehicular crossings of Railroads tracks except at existing open public crossings.
S. 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 S. 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, ANDIOR 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.
CROE— Texas City/County —ExB Page 2 of 4 Exhibit B
Forth Approved AVP -Law 031210 General Terms & Conditions
CROE —Texas City /County— ExB
Form Approved AVP -Law 031210 BUILDIMC Al► RM0
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Section 6. PERMITS - COMPLIANCE WITH LAWS.
In the prosecution of the work covered by this Agreement, Contractor shall secure any and all necessary permits and shall
comply with all applicable federal, state and local laws, regulations and enactments affecting the work including, without
limitation, all applicable Federal Railroad Administration regulations.
Section 7. SAFETY.
A. Safety of personnel, property, rail operations and the public is of paramount importance in the prosecution of the work
performed by Contractor. Contractor shall be responsible for initiating, maintaining and supervising all safety, operations
and programs in connection with the work. Contractor shall at a minimum comply with Railroad's safety standards listed in
Exhibit D, hereto attached, to ensure uniformity with the safety standards followed by Railroad's own forces. As a part of
Contractor's safety responsibilities, Contractor shall notify Railroad if Contractor determines that any of Railroad's safety
standards are contrary to good safety practices. Contractor shall furnish copies of ExhibN D to each of its employees
before they enter the job site.
B. Without limitation of the provisions of paragraph A above, Contractor shall keep the job site free from safety and health
hazards and ensure that its employees are competent and adequately trained in all safety and health aspects of the job.
C. Contractor shall have proper first aid supplies available on the job site so that prompt first aid services may be provided to
any person injured on the job site. Contractor shall promptly notify Railroad of any U.S. Occupational Safety and Health
Administration reportable injuries. Contractor shall have a nondelegable duty to control its employees while they are on the
job site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their
possession any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.
D. If and when requested by Railroad, Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the
work (the "Safety Plan"). Railroad shall have the right, but not the obligation, to require Contractor to correct any
deficiencies in the Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this
Agreement and the Safety Plan.
Section 8. INDEMNITY.
A. TO THE EXTENT NOT PROHIBITED BY APPLICABLE STATUTE, CONTRACTOR SHALL INDEMNIFY, DEFEND AND
HOLD HARMLESS RAILROAD, ITS AFFILIATES, AND ITS AND THEIR OFFICERS, AGENTS AND EMPLOYEES
("INDEMNIFIED PARTIES ") FROM AND AGAINST ANY AND ALL LOSS, DAMAGE, INJURY, LIABILITY, CLAIM,
DEMAND, COST OR EXPENSE (INCLUDING, WITHOUT LIMITATION, ATTORNEY'S, CONSULTANTS AND
EXPERTS FEES, AND COURT COSTS), FINE OR PENALTY (COLLECTIVELY, -LOSS-1 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 RAILROAD UNDER THIS SECTION S. CONTRACTOR ACKNOWLEDGES THAT THIS WAIVER WAS
MUTUALLY NEGOTIATED BY THE PARTIES HERETO.
D. NO COURT OR JURY FINDINGS IN ANY EMPLOYEE'S SUIT PURSUANT TO ANY WORKER'S COMPENSATION
ACT OR THE FEDERAL EMPLOYERS' LIABILITY ACT AGAINST A PARTY TO THIS AGREEMENT MAY BE RELIED
UPON OR USED BY CONTRACTOR IN ANY ATTEMPT TO ASSERT LIABILITY AGAINST RAILROAD.
CROE - Texas CitylCounty - Ex6 Page 3 of 4 Exhibit B
Form Approved AVP -taw 031210 General Terms & Conditions
CROE —Texas City/County— ExB BUILDING AMERMX
Fonn Approved AVP -Law 031210
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.
Section 12. ASSIGNMENT - SUBCONTRACTING.
Contractor shall not assign or subcontract this Agreement, or any Interest therein, without the written consent of the
Railroad. Contractor shall be responsible for the acts and omissions of all subcontractors. Before Contractor commences any
work, the Contractor shall, except to the extent prohibited by law; (1) require each of its subcontractors to Include the
Contractor as "Additional Insured" in the subcontractor's Commercial General Liability policy and Business Automobile policies
with respect to all liabilities arising out of the subcontractor's performance of work on behalf of the Contractor by endorsing
these policies with ISO Additional Insured Endorsements CG 20 26, and CA 20 48 (or substitute forms providing equivalent
coverage; (2) require each of its subcontractors to endorse their Commercial General Liability Policy with "Contractual Liability
Railroads" ISO Form CG 24 17 10 01 (or a substitute form providing equivalent coverage) for the job site; and (3) require each
of its subcontractors to endorse their Business Automobile Policy with "Coverage For Certain Operations In Connection With
Railroads" ISO Form CA 20 7010 01 (or a substitute form providing equivalent coverage) for the job site.
CROE — Texas Ciiy/County — Exa Page 4 of 4 Exhibit S
Form Approved AVP -law 031210 General Terms & Conditions
t-
EXHIBIT C
TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT
INSURANCE REQUIREMENTS
BUILDING AI LVW is
Contractor shall, at its sole cost and expense, procure and maintain during the course of the Project and until all Project
work on Railroad's property has been completed and the Contractor has removed all equipment and materials from Railroad's
property and has cleaned and restored Railroad's property to Railroad's satisfaction, the following insurance coverage:
A. COMMERCIAL GENERAL LIABILITY INSURANCE. Commercial general liability (CGL) with a limit of not less than
$2,000,000 each occurrence and an aggregate limit of not less than $2,000,000. CGL insurance must be written on ISO
occurrence form CG 00 0112 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 (or a
substitute form providing equivalent liability coverage) with a combined single limit of not less $2,000,000 for each accident.
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. WQBKERS' COMPENSATION AND EMPLOYERS'_LKOILITY INSURANCE. Coverage must include but not be limited
to:
• Contractor's statutory liability under the workers' compensation laws of the State of Texas.
• Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 disease policy limft $500,000 each
employee.
If Contractor is self- insured, evidence of state approval and excess workers compensation coverage must be provided.
Coverage must include:
• liability arising out of the U. S. Longshoremen's and Harbor Workers' Act, the Jones Act, and
• the Outer Continental Shelf Land Act, if applicable.
The policy must contain the following endorsement, which must be stated on the certificate of insurance:
• Alternate Employer endorsement ISO form WC 00 03 01 A (or a substitute form providing equivalent coverage)
showing Railroad In the schedule as the alternate employer (or a substitute form providing equivalent coverage).
D. RAILROAD PROTECTIVE LIABILITY INSURANCE. Contractor must maintain Railroad Protective Liability insurance
written on ISO occurrence form CG 00 3512 04 (or a substitute form providing equivalent coverage) on behalf of Railroad
as named insured, with a limit of not less than $2,000,000 per occurrence and an aggregate of $6,000,000. A binder
stating the policy is in place must be submitted to Railroad before the work may be commenced and until the original policy
Is forwarded to Railroad.
E. UMBRELLA OR EXCESS INS CE. If Contractor utilizes umbrella or excess policies, these policies must "follow
form" and afford no less coverage than the primary policy.
F. POLLUTION UABIUTY INSURANCE. Pollution liability coverage must be written on ISO form Pollution Liability Coverage
Form Designated Sites CG 00 3912 04 (or a substitute form providing equivalent liability coverage), with limits of at least
$5,000,000 per occurrence and an aggregate limit of $10,000,000.
If the scope of work as defined in this Agreement Includes the disposal of any hazardous or non - hazardous materials to
CROE —Texas Cay /County— EXC Page 1 of 4 Exhibit C
Form Approved AVP -Law 031210 Insurance Requirements
BU4,DINC AMERIW
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 REQUIREMENL
G. All poilcy(les) required above (except worker's compensation and employers liability) must include Railroad as "Additional
Insured' using ISO Additional Insured Endorsements CG 20 26, and CA 20 48 (or substitute forms providing equivalent
coverage). The coverage provided to Railroad as additional insured shall, to the extent provided under ISO Additional
Insured Endorsement CG 20 26, and CA 20 48 provide coverage for Railroad's negligence whether sole or partial, active
or passive, and shall not be limited by Contractor's liability under the indemnity provisions of this Agreement.
H. Punitive damages exclusion, If any, must be deleted (and the deletion indicated on the certificate of insurance), unless the
law governing this Agreement prohibits all punitive damages that might arise under this Agreement.
I. Contractor waives all rights of recovery, and its insurers also waive all rights of subrogation of damages against Railroad
and its agents, officers, directors and employees. This waiver must be stated on the certificate of insurance.
J. Prior to commencing the work, Contractor shall furnish Railroad with a certificates) 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 of Texas.
L. The Net 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.
CROE -Texas Clty/County- ExC Page 2 of 4 Exhibit C
Form Approved AVP -Law 031210 Insurance Requirements
y
EXHIBIT D
TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT
BUILDING AME;RtCA' (a
The term "employees" as used herein refer to all employees of Contractor as well as all employees of any subcontractor or
agent of Contractor.
1. CLOTHING
A. All employees of Contractor will be suitably dressed to perform their duties safely and in a manner that will not interfere with
their vision, hearing, or free use of their hands or feet.
Specifically, Contractor's employees must wear:
(1) Waist - length shirts with sleeves.
(ii) Trousers that cover the entire leg. If flare - legged trousers are worn, the trouser bottoms must be tied to prevent
catching.
(iii) Footwear that covers their ankles and has a defined heel. Employees working on bridges are required to wear safety -
toed footwear that conforms to the American National Standards Institute (ANSI) and FRA footwear requirements.
B. Employees shall not wear boots (other than work boots), sandals, canvas -type shoes, or other shoes that have thin soles
or heels that are higher than normal.
C. Employees must not wear loose or ragged clothing, neckties, finger rings, or other loose jewelry while operating or working
on machinery.
II. PERSONAL PROTECTNE EQUIPMENT
Contractor shall require its employees to wear personal protective equipment as specified by Railroad rules, regulations, or
recommended or requested by the Railroad Representative.
(i) Hard hat that meets the American National Standard (ANSI) Z89.1- latest revision. Hard hats should be affixed with
Contractor's company logo or name.
(ii) Eye protection that meets American National Standard (ANSI) for occupational and educational eye and face
protection, Z87.1- latest revision. Additional eye protection must be provided to meet specific Job situations such as
welding, grinding, etc.
(Iii) Hearing protection, which affords enough attenuation to give protection from noise levels that will be occurring on the
job site. Hearing protection, in the form of plugs or muffs, must be wom when employees are within:
• 100 feet of a locomotive or roadway/work equipment
■ 15 feet of power operated tools
150 feet of jet blowers or pile drivers
• 150 feet of retarders In use (when within 10 feet, employees must wear dual ear protection - plugs and muffs)
(Iv) Other types of personal protective equipment, such as respirators, fall protection equipment, and face shields, must be
worn as recommended or requested by the Railroad Representative.
Ill. ON TRACK SAFELY_
Contractor is responsible for compliance with the Federal Railroad Administration's Roadway Worker Protection regulations
- 49CFR214, Subpart C and Railroad's On -Track Safety rules. Under 49CFR214, Subpart C, railroad contractors are
responsible for the training of their employees on such regulations. In addition to the instructions contained in Roadway Worker
Protection regulations, all employees must:
(i) Maintain a distance of twenty-five (25) feet to any track unless the Railroad Representative is present to authorize
movements.
CROE -Texas City/County -Ex0 Page 1 of 2 lxhibit D
Form Approved AVP4.aw 031210 Minimum Safety Requirements
BUILDING AMUdCA
ZQUM
(ii) Wear an orange, reflectorized workwear approved by the Railroad Representative.
(iii) Participate in a job briefing that will specify the type of On Track Safety for the type of work being performed.
Contractor must take special note of limits of track authority, which tracks may or may not be fouled, and clearing the
track. Contractor will also receive special instructions relating to the work zone around machines and minimum
distances between machines while working or traveling.
IV. gt'[PMENT
A. It is the responsibility of Contractor to ensure that all equipment Is in a safe condition to operate. If, in the opinion of the
Railroad Representative, any of Contractor's equipment is unsafe for use, Contractor shall remove such equipment from
Railroad's property. in addition, Contractor must ensure that the operators of all equipment are properly trained and
competent in the safe operation of the equipment. In addition, operators must be:
Y Familiar and comply with Railroad's rules on lockout/tagout of equipment.
u Trained In and comply with the applicable operating rules if operating any by -rail equipment on- track.
a Trained In and comply with the applicable air brake rules if operating any equipment that moves rail cars or any other
railbound equipment.
B. All self - propelled equipment must be equipped with a first -aid kit, fire extinguisher, and audible back -up warning device.
C. Unless otherwise authorized by the Railroad Representative, all equipment must be parked a minimum of twenty-five (25)
feet from any track. Before leaving any equipment unattended, the operator must stop the engine and properly secure the
equipment against movement.
D. Cranes must be equipped with three orange cones that will be used to mark the working area of the crane and the
minimum clearances to overhead powerlines.
V. GENERAL SAFETY _REQUIREMENTS
A. Contractor shall ensure that all waste is properly disposed of in accordance with applicable federal and state regulations.
B. Contractor shall ensure that all employees participate In and comply with a job briefing conducted by the Railroad
Representative, if applicable. During this briefing, the Railroad Representative will specify safe work procedures, (including
On -Track Safety) and the potential hazards of the job. If any employee has any questions or concerns about the work, the
employee must voice them during the job briefing. Additional job briefings will be conducted during the work as conditions,
work procedures, or personnel change.
C. All track work performed by Contractor meets the minimum safety requirements established by the Federal Railroad
Administration's Track Safety Standards 49CFR213.
D. All employees comply with the following safety procedures when working around any railroad track:
(1) Always be on the alert for moving equipment. Employees must always expect movement on any track, at any time, In
either direction.
(ii) Do not step or walk on the top of the rail, frog, switches, guard rails, or other track components.
(ill) In passing around the ends of standing cars, engines, roadway machines or work equipment, leave at least 20 feet
between yourself and the end of the equipment. Do not go between pieces of equipment of the opening is less than
one car length (50 feet).
(iv) Avoid walking or standing on a track unless so authorized by the employee In charge.
(v) Before stepping over or crossing tracks, look in both directions first.
(vi) Do not sit on, lie under, or cross between cars except as required in the performance of your duties and only when
track and equipment have been protected against movement.
E. All employees must comply with all federal and state regulations concerning workplace safety.
cROE —Texas cnyrcounty —ExD Page 2 of 2 Exhibit o
Form Approved AVP-Law 031210 Minimum Safety Requirements