HomeMy WebLinkAbout20140116.tiff RESOLUTION
RE: APPROVE PUBLIC ROAD AT-GRADE CROSSING IMPROVEMENT AGREEMENT
FOR COUNTY ROAD 43, REIMBURSEMENT OF APPROPRIATE INCURRED
COSTS, AND AUTHORIZE CHAIR TO SIGN - UNION PACIFIC RAILROAD
COMPANY
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Public Road At-Grade Crossing
Improvement Agreement for County Road 83 and Reimbursement of Appropriate Incurred
Costs, between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Public Works, and Union Pacific
Railroad Company, commencing upon full execution, with further terms and conditions being as
stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a
copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Public Road At-Grade Crossing Improvement Agreement or
County Road 83 and Reimbursement of Appropriate Incurred Costs, between the County of
Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,
on behalf of the Department of Public Works, and Union Pacific Railroad Company be, and
hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 13th day of January, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
�p WELD COUNTY, COLORADO
ATTEST: � CX ;�y �o �_� �QP �Kxs'�z•Lr
Douglas Rademached, Qhair
Weld County Clerk to the Board y / /
--- `Barbara Kirkm(eeer, I ro-Tem
BY. S !t1 Deputy Cler to the Board r.
met P. Conway
:e6t&
APPRO DASTO � �€€-;I _ 3�ep
r. a Freeman
un y A orney
Wiliam F. Garcia
Date of signature: .)AN 2 9 21114
2014-0116
C(^,:?L,J EG0070
at� l�l
�► r .c � - ,� MEMORANDUM
YA4C N-1 '— TO: Clerk to the Board DATE: January 7, 2014
FROM: Mike Bedell, P.E., Public Works Department
SUBJECT: BOCC Agenda
Agreement with the Union Pacific Railroad Company for improvements to existing Public Road
at Grade Crossing CR 43-N of CR 52, DOT 805-246Y M. P. 148.43, Monfort Industrial Lead.
Enclosed are two original agreements. Please ask Chair to sign both Agreements and RETURN
BOTH originals to Public Works so that we may obtain authorized signatures from the Union
Pacific Railroad.
NI\Erancie\AGENDA memos\AgendaMIkeeedell-1.docx
2014-0116
BOARD OF COUNTY COMMISSIONERS
REVIEW/WORK SESSION REQUEST
RE: UPRR Crossing Replacement at WCR 43 —Funding Request
DEPARTMENT: PUBLIC WORKS DATE: 12/10/13
PERSON REQUESTING: Wayne Howard (County Engineer) Michael Bedell (Senior Engineer)
Brief description of the problem/issue:
The railroad crossing on WCR 43 near the intersection with WCR 52 is in poor condition and needs to be
replaced. Traffic at this location was estimated at 1,456 ADT in 2010. There was a documented accident in
2009 directly related to the poor condition of the crossing. Public Works has received multiple complaints from
citizens concerned about the crossing. Attached is a photograph of the existing railroad crossing.
Current policy set forth by the Colorado Public Utilities Commission states that a partnership between the
crossing owner(Union Pacific Railroad) and the road owner(Weld County) should be formed to accomplish the
replacement of railroad crossings. The County would be responsible for the cost of the materials required for
the replacement. Attached is a cost estimate provided by UPRR in which the materials cost is estimated to be
$41,517. This project is not in our current 2014 Budget Plan, and therefore would need to be a supplement to
the 2014 budget.
What options exist for the Board:
The Board can choose to recommend a partnership with UPRR to replace this railroad crossing, or choose to
delay or cancel these proposed improvements.
Recommendation to the Board:
Public Works recommends replacement of the railroad crossing. The next step would be to formalize an
agreement with UPRR in which the County agrees to reimburse them for the materials cost portion of the work.
The construction would likely take place in the Spring of 2014.
Approve Schedule
Recommendation Work Session Comments
William F. Garcia, Chair �� 1
Douglas Rademacher
Sean P. Conway
Mike Freeman
Barbara Kirkmeyer 'O " our l5 t t[u.1 —yr.Li cr
f L� 0,c C up I
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Public Road Improvements—Colorado Form
Estimated Costs—Billing Based on Actual Costs
Form Approved-AVP Law 051911
IMPROVEMENTS TO EXISTING PUBLIC ROAD AT GRADE CROSSING
FOR CR 43-N OF CR52 STREET, DOT 805-246Y
M.P. 148.43 MONFORT INDUSTRIAL LEAD
LA SALLE, COLORADO
THIS AGREEMENT ("Agreement) is executed in duplicate this day of December 17, 2013,
by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation ("Railroad"), and
Weld County("Political Body"),within the State of Colorado.
RECITALS:
Political Body has requested Railroad to improve the existing CR 43- N of CR 52 crossing, at
grade, along,over and across Railroad's track and right of way at Railroad Mile Post 148.43,on Railroad's
Monfort Industrial Lead , DOT No. 805-246Y, near the City of La Salle, Weld County, State of
Colorado (the "Crossing"), to which Railroad is agreeable, hut solely upon terms and conditions
hereinafter set forth.
The location of the Crossing is generally shown on the print marked Exhibit A, attached hereto
and hereby made a part hereof.
AGREEMENT:
NOW THEREFORE, in consideration of the premises and of the promises and conditions
hereinafter set forth,the parties hereto agree as follows:
Railroad shall furnish all labor, material, equipment and supervision for, and shall (a)
remove the existing timber crossing, (b) install a 32 ft. precast concrete crossing, (c) field weld rail, (d)
relay track at the Crossing with 136 pound rail, (e) renew the crossties, and(f)surface the track with new
ballast.
2. The work to be performed by Railroad pursuant to 4 CCR 723-7-7211 is described in
Railroad's Material and Force Account Estimate dated December 6, 2013 marked Exhibit B, attached
hereto and hereby made a part hereof(the "Estimate"). As set forth in the Estimate, Railroad's work
associated with the project is estimated to cost Eighty-Nine Thousand, Six Hundred Fourteen Dollars
($89,614.00), with such estimated cost being$41,517.00 for material including, without limitation, costs
associated with the shipping,handling and taxes for such material and$48,097.00 for labor. Pursuant to 4
CCR 723-7-7211, Political Body is to bear the actual material cost and Railroad is to bear the actual labor
cost. Railroad shall determine an actual material cost within one hundred twenty (120) days after it has
completed its work involving the project and submit such actual cost billing to Political Body. Political
Body agrees to pay Railroad for such actual material cost within thirty(30)days of its receipt of billing.
3. All crossing surface renewal and maintenance costs shall be consistent with the Colorado
Public Utilities Commission Rule found at 4 CCR 723-7-7211. Specifically, Railroad shall install and
maintain a concrete grade crossing surface between the track tie ends. Railroad shall bear the labor costs
of installation, maintenance, repair,or replacement of said crossing surface. Political Body shall bear the
cost of the materials to maintain, repair or replace said crossing surface. Further, if the widening of CR
43- N of CR 52 necessitates a surface extension of the Crossing, Political Body shall pay the initial cost
of same pursuant to 4 CCR 723-7-721 1(d).
4. Political Body, at its cost, shall provide all labor, material and equipment associated with
traffic control, barricades, detour signing,advanced warning signs, pavement markings and improvements
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Steve Moreno. Clerk and Recorder, Weld County., CO
VIIIKrafiiinillO1i liii ti'EON' , �IIII '/`/ /i6
Public Road Improvements—Colorado Form
Estimated Costs—Billing Based on Actual Costs
Form Approved-AVP Law 051911
involving the Crossing's approaches. All such work shall be in compliance with the current Manual on
Uniform Traffic Control Devices.
5. If Political Body's contractor(s) is/are performing any work described in Section 4 above,
then Political Body shall require its contractor(s) to execute Railroad's standard and current form of
Contractor's Right of Entry Agreement. Political Body 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 and to obtain and provide to Railroad
the insurance policies, binders,certificates and endorsements that are required in the Contractor's Right of
Entry Agreement. Under no circumstances will the Political Body's contractor(s) be allowed onto the
Railroad's premises without first executing the Contractor's Right of Entry Agreement and providing the
aforesaid insurance documents.
6. 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. Political Body or its contractor(s) shall telephone
Railroad during normal business hours (7:00 a.m. to 9:00 p.m., Central Tinto, 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 Railroad's premises to be used by Political Body or
its contractor(s). If it is, Political Body or its contactor(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 Railroad's premises.
7. Political Body, for itself and for its successors and assigns, hereby waives any right of
assessment against Railroad, as an adjacent property owner, for any and all improvements made under
this Agreement.
8. Covenants herein shall inure to or bind each party's successors and assigns; provided, no
right of Political Body shall be transferred or assigned, either voluntarily or involuntarily, except by
express written agreement acceptable to Railroad.
9. Political Body hereby confirms that funds have been appropriated for the work set forth
in this Agreement.
10. The person signing this Agreement on behalf of Political Body hereby confirms that
he/she is authorized under Political Body policies and procedures to execute this Agreement and to bind
Political Body to the obligations under this Agreement.
{Rest of Page left blank intentionally}
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Stew? Morena Ci frk and Recorder. Weld CI u,tY: COI
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Public Road Improvements—Colorado Form
Estimated Costs—Billing Based on Actual Costs
Form Approved-AVP Law 051911
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the date
first herein written.
UNION PACIFIC RAILROAD COMPANY
/` '\
By '4-! cl—, i Li- .,
Title:
. RING-
Weld
Colu_t/ty n p
Title: Do glas R demacher, Chair
Board of Weld County Commissioners
JAN 1 3 2014
•
•
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DATE: 2013-12-06
ESTIMATE OF MATERIAL AND YORCE ACCOUNT WORK
BY THE
UNION PACIFIC RAILROAD
THIS ESTIMATE GOOD FOR 6 MONTHS EXPIRATION DATE IS :2014-0606
DESCRIPTION OF WORK:
2014 RECOLLECTIBLE PROGRAM
MONFORT INDUSTRIAL LEAD
HP 148.43 DOT A 805246Y CR 43N OF CR 52
INSTALL 32 TF OF CROSSING SURFACE INCLUDING TIES,RAIL,0TH
PROJECT TO DE FUNDED 100% MATERIAL WELD COUNTY 100% LABOR UPRR
PID: 85539 AWO: 22621 NP,SUBDIV: 148.43, MONFORI'
SERVICE UNIT: 14 CITY: KERSEY STATE: CO
DESCRIPTION QTY UNIT LABOR MATERIAL RECOLL UPRR TOTAL
ENGINEERING WORK
ENGINEERING 4552 4552 4552
LABOR ADDITIVE 153% 6965 6965 6965
TOTAL ENGINEERING 1151'1 11517 11517
SIGNAL WORK
LABOR ADDITIVE 153% 1157 1157 1157
SIGNAL 756 5 5 756 761
TOTAL SIGNAL 1913 5 5 1913 1918
TRACK & SURFACE WORK
BALAST 1.00 CL 6 915 915 6 921
BILL PREP FEE. 900 900 900
EQUIPMENT RENTAL 5000 5000 5000
FIELD WELD 5 5 5
FOREIGN LINE FREIGHT 874 814 814
HOMELINE FREIGHT 900 900 900
LABOR ADDITIVE 153% 16505 16505 16505
MAIL STORE EXPENSE 431 431 431
OTM 1368 10346 10346 1368 11714
RAIL 160.00 LF 4492 3222 3222 4492 7714
RDXING 32.00 TF 1614 7415 7415 1614 9029
SALES TAX 976 976 976
SAW CUT STREET APPROACH 8000 8000 8000
SW'IIE 31.00 EA 5176 1844 1844 5176 7020
TRK-SURF,LIN 3337 3337 3337
VELD 1525 749 749 1525 2214
XTIE EA 639 639 639
TOTAL TRACK a SURFACE 34667 41512 41512 34667 76179
LABOR/MATERIAL EXPENSE. 48097 41517
RECOLLECTIBLE/UPRR EXPENSE 41517 46097 ---------
ESTIMATED PROJECT COST 89614
EXISTING REUSEABLE MATERIAL CREDIT 0
SALVAGE NONUSEABLE MATERIAL CREDIT 0
RECOLLECTIBLE LESS CREDITS
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.
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Steve Moreno. Clerk and Recorder. Weld County. CO
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Exhibit 13
FORM 30-1 PAGE 01 MORE
WORK ORDER AUTHORIZATION-DETAIL OF ESTIMATED EXPENDITURES
PROS NO: 85539
A.W.O. NO: 22621
W.O. NO:
ILROAD: UPRR CO. H.I. NO: 13EN10
CATION: LA SALLE,CO,CR 43-N OF CR-52 STATE: CO
PARTMENT: ENGINEERING SERVICES SERVICE UNIT: 14 VAL SEC: 0505W
14 RECOLLECTIBLE PROGRAM
FORT INDUSTRIAL LEAD
148.43 DOT # 805246Y CR 43N OF CR 52
iTALL 32 TF OF CROSSING SURFACE INCLUDING TIES,RAIL,OTM
)JECT TO BE FUNDED 100% MATERIAL WELD COUNTY 100% LABOR UPRR
)JECT BUILT USING STANDARD LABOR ADDITIVE OF 153%
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Steve Moreno Clerk antl Recortler. Weld County. CO VIII M��.r�llGPit nIf; 4IR'�h!1'E1h.I.bnlY# t it II I
Exhibit B
FORM 30-1 PAGE 02 MORE
WORK ORDER AUTHORIZATION-DETAIL OP ESTIMATED EXPENDITURES
PROJ NO: 85539
A.W.O. NO: 22621
W.O. NO:
ILROAD: UPRR CO. B.I. NO: 13EN10
CATION: LA SALLE,CO,CR 43-N OF CR-52 STATE: CO
PARTMENT: ENGINEERING SERVICES VAL SEC: 0505W
SCOPE OF WORK ---
ROJECT VAL M.P. M.P. JOINT
UMBER SEC STATE FROM TO SEGMENT FACILITY
85539 0505W CO 148.40 148.45 4121
OJECT NUMBER 85539
TRACK SEGMENT NUMBER NUMBER OF TNS OF TRACK
ROM TO TYPE NUMBER OF XTIES SWTIES BALAST FEET LINE
148.43 148.43 INDL 4121 0 0 95 0 0
Pages: 7
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Exhibit B
FORM 30-1 PAGE 04 MORE
WORK ORDER AUTHORIZATION-DETAIL OF ESTIMATED EXPENDITURES
PROJ NO: 85539
A.W.O. NO: 22621
W.O. NO:
ILROAD: UPRR CO. B.I. NO: 13EN10
CATION: LA SALLE,CO,CR 43-N OF CR-52 STATE: CO
PARTMENT: ENGINEERING SERVICES VAL SEC: 0505W
STOCK MATERIAL PLAN
TEM ITEM UNIT DIRECT
UMBER DESCRIPTION COST QTY UM MATL $
054000 TIMBER SPIKE, TORXHEAD 3/4" X 12" 1.87 64 EA 120
210000 SWITCH TIE 7" X 9" X 10' 59.49 31 EA 1844
361010 ECL2055 GALV RH E-CLIP PANDROL 2.56 124 EA 317
386230 EVERGRIP WD SCREW SPIKE 15/16 X 1.66 248 EA 412
390200 TIE PLATE 7.75 X 16, 6" BASE E-CL 11.01 62 EA 683
911720 SIGNAL MATL TO SUPPORT TRK WORK 5.00 1 EA 5
002000 ASPHALT, CROSSING FILL 95.00 24 TN 2280
013010 131-141# 10W CONC XING 8'L (10' W 1253.89 4 ST 5016
114500 RAIL 136# IS NEW BBB "BUY USA" 20.14 160 LP 3222
243940 TRANS RAIL 136#N/133#W 37.5' BU 2233.64 4 EA 8935
255260 FIELD WELD KIT, 133# ONE SHOT 57.55 4 EA 230
255300 FIELD WELD KIT, 136# ONE SHOT 57.52 8 EA 460
264570 PACKING SAND, PRE-MIXED (PER SACK 22.32 2 CA 54
264930 REFRACTORY PASTE 1.84 3 EA 6
207660 BALLAST, CLASS 1 "D" 9.64 95 TN 916
TOTAL 24,500
MATL STORE EXP 433
SALES TAX 979
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Exhibit B
Contractor's Right of Entry(Generic) 030113
Form Approved -AVP Law
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 to perform work
relating
to
(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] [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.
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,C AND D.
The terms and conditions contained in Exhibit B, Exhibit C and Exhibit D, attached hereto, are hereby made a
part of this Agreement.
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Steve Moreno. Clerk and Recorder. Weld County, CO
VIII r1El ilir hlitI ANIOk+fEIN['IDi+1aYlyh II II
Contractor's ROE(Generic) 030113
Form Approved -AVP Law
ARTICLE 4- ALL EXPENSES TO BE BORNE BY CONTRACTOR; RAILROAD REPRESENTATIVE.
A. Contractor shall bear any and all costs and expenses associated with any work performed by Contractor,
or any costs or expenses incurred by Railroad relating to this Agreement.
B. Contractor shall coordinate all of its work with the following Railroad representative or his or her duly
authorized representative(the "Railroad Representative"):
C. Contractor, at its own expense, shall adequately police and supervise all work to be performed by
Contractor and shall ensure that such work is performed in a safe manner as set forth in Section 7 of Exhibit B. The
responsibility of Contractor for safe conduct and adequate policing and supervision of Contractor's work shall not be
lessened or otherwise affected by Railroad's approval of plans and specifications involving the work, or by Railroad's
collaboration in performance of any work, or by the presence at the work site of a Railroad Representative, or by
compliance by Contractor with any requests or recommendations made by Railroad Representative.
ARTICLE 5- SCHEDULE OF WORK ON A MONTHLY BASIS.
The Contractor, at its expense, shall provide on a monthly basis a detailed schedule of work to the Railroad
Representative named in Article 4B 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, Contractor will provide Railroad with the (i) insurance binders, policies,
certificates and endorsements set forth in Exhibit C of this Agreement, and (ii) the insurance endorsements obtained by
each subcontractor as required under Section 12 of Exhibit B of this Agreement.
B. All insurance correspondence, binders, policies, certificates and endorsements shall be sent to:
Union Pacific Railroad Company
[Insert mailing address]
Attn:
Folder No.
ARTICLE 8- DISMISSAL OF CONTRACTOR's EMPLOYEE.
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VIIIM��.rll�� lg.' �1��aItiIle 11111 2
Contractor's ROE(Generic)030113
Form Approved -AVP Law
At the request of Railroad, Contractor shall remove from Railroads property any employee of Contractor who fails
to conform to the instructions of the Railroad Representative in connection with the work on Railroad's property, and any
right of Contractor shall be suspended until such removal has occurred. Contractor shall indemnify Railroad against any
claims arising from the removal of any such employee from Railroad's property.
ARTICLE 9- ADMINISTRATIVE FEE.
Upon the execution and delivery of this Agreement, Contractor shall pay to Railroad
Dollars ($ ) as reimbursement for clerical, administrative and
handling expenses in connection with the processing of this Agreement.
ARTICLE 10 - CROSSINGS; COMPLIANCE WITH MUTCD AND FRA GUIDELINES.
A. No additional vehicular crossings (including temporary haul roads) or pedestrian crossings over Railroad's
trackage shall be installed or used by Contractor without the prior written permission of Railroad.
B. Any permanent or temporary changes, including temporary traffic control, to crossings must conform to
the Manual of Uniform Traffic Control Devices (MUTCD) and any applicable Federal Railroad Administration rules,
regulations and guidelines, and must be reviewed by the Railroad prior to any changes being implemented. In the event
the Railroad is found to be out of compliance with federal safety regulations due to the Contractor's modifications,
negligence, or any other reason arising from the Contractor's presence on the Railroad's property, the Contractor agrees
to assume liability for any civil penalties imposed upon the Railroad for such noncompliance.
ARTICLE 11.- EXPLOSIVES.
Explosives or other highly flammable substances shall not be stored or used on Railroad's property without the
prior written approval of Railroad.
IN WITNESS WHEREOF, the parties hereto have duly executed this agreement in duplicate as of the date first
herein written.
UNION PACIFIC RAILROAD COMPANY
By:
Title:
(Name of Contractor)
By:
Title:
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Steve Moreno. Clerk and Recorder, Weld County. CO
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EXHIBIT A
Exhibit A will be a print showing the general location of the work site.
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Steve Moreno. Clerk and Recorder. Weld County CO
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EXHIBIT B
TO
CONTRACTOR'S RIGHT OF ENTRY AGREEMENT
Section 1. NOTICE OF COMMENCEMENT OF WORK-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. 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 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 properly, all or any of which may be
Exhibit 3994609 Pages: 13 of 22
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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.
3994609 Pages: 14 of 22
02/06/2014 10:58 AM R Fe of 200
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In the prosecution of the work covered by this Agreement, Contractor shall secure any and all necessary permits
and shall comply with all applicable federal, state and local laws, regulations and enactments affecting the work including,
without limitation, all applicable Federal Railroad Administration regulations.
Section 7. SAFETY.
A. Safety of personnel, property, rail operations and the public is of paramount importance in the prosecution
of the work performed by Contractor. Contractor shall be responsible for initiating, maintaining and supervising all safety,
operations and programs in connection with the work. Contractor shall at a minimum comply with Railroad's safety
standards listed in Exhibit D, hereto attached, to ensure uniformity with the safety standards followed by Railroad's own
forces. As a part of Contractor's safety responsibilities, Contractor shall notify Railroad if Contractor determines that any
of Railroad's safety standards are contrary to good safety practices. Contractor shall furnish copies of Exhibit D to each
of its employees before they enter the job site.
B. Without limitation of the provisions of paragraph A above, Contractor shall keep the job site free from
safety and health hazards and ensure that its employees are competent and adequately trained in all safety and health
aspects of the job.
C. Contractor shall have proper first aid supplies available on the job site so that prompt first aid services
may be provided to any person injured on the job site. Contractor shall promptly notify Railroad of any U.S. Occupational
Safety and Health Administration reportable injuries. Contractor shall have a nondelegable duty to control its employees
while they are on the job site or any other property of Railroad, and to be certain they do not use, be under the influence
of, or have in their possession any alcoholic beverage, drug or other substance that may inhibit the safe performance of
any work.
D. If and when requested by Railroad, Contractor shall deliver to Railroad a copy of Contractor's safety plan
for conducting the work (the "Safety Plan"). Railroad shall have the right, but not the obligation, to require Contractor to
correct any deficiencies in the Safety Plan. The terms of this Agreement shall control if there are any inconsistencies
between this Agreement and the Safety Plan.
Section 8. INDEMNITY.
A. To the extent not prohibited by applicable statute, Contractor shall indemnify, defend and hold harmless
Railroad, its affiliates, and its and their officers, agents and employees (individually an "Indemnified Party" or collectively
"Indemnified Parties") from and against any and all loss, damage, injury, liability, claim, demand, cost or expense
(including, without limitation, attorney's, consultant's and expert's fees, and court costs), fine or penalty (collectively,
"Loss') incurred by any person (including, without limitation, any Indemnified Party, Contractor, or any employee of
Contractor or of any Indemnified Party) arising out of or in any manner connected with (i) any work performed by
Contractor, or(ii) any act or omission of Contractor, its officers, agents or employees, or(iii)any breach of this Agreement
by Contractor.
b. The right to indemnity under this Section 8 shall accrue upon occurrence of the event giving rise to the
Loss, and shall apply regardless of any negligence or strict liability of any Indemnified Party, except where the Loss is
caused by the sole active negligence of an Indemnified Party as established by the final judgment of a court of competent
jurisdiction. The sole active negligence of any Indemnified Party shall not bar the recovery of any other Indemnified Party.
c. Contractor expressly and specifically assumes potential liability under this Section 8 for claims or actions
brought by Contractor's own employees. Contractor waives any immunity it may have under worker's compensation or
industrial insurance acts to indemnify the Indemnified Parties under this Section 8. Contractor acknowledges that this
waiver was mutually negotiated by the parties hereto.
d. No court or jury findings in any employee's suit pursuant to any worker's compensation act or the Federal
Employers' Liability Act against a party to this Agreement may be relied upon or used by Contractor in any attempt to
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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.
3994609 Pages: 16 of R Fee 0 e0
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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 pad hereof constitute the entire understanding
between Contractor and Railroad and cancel and supersede any prior negotiations, understandings or agreements,
whether written or oral, with respect to the work to be performed by Contractor.
Section 12. ASSIGNMENT-SUBCONTRACTING.
Contractor shall not assign or subcontract this Agreement, or any interest therein, without the written consent of
the Railroad. Contractor shall be responsible for the acts and omissions of all subcontractors. Before Contractor
commences any work, the Contractor shall, except to the extent prohibited by law; (1) require each of its subcontractors to
include the Contractor as "Additional Insured" in the subcontractor's Commercial General Liability policy and Business
Automobile policies with respect to all liabilities arising out of the subcontractor's performance of work on behalf of the
Contractor by endorsing these policies with ISO Additional Insured Endorsements CG 20 26, and CA 20 48 (or substitute
forms providing equivalent coverage; (2) require each of its subcontractors to endorse their Commercial General Liability
Policy with"Contractual Liability Railroads" ISO Form CG 24 17 10 01 (or a substitute form providing equivalent coverage)
for the job site; and (3) require each of its subcontractors to endorse their Business Automobile Policy with "Coverage For
Certain Operations In Connection With Railroads" ISO Form CA 20 70 10 01 (or a substitute form providing equivalent
coverage)for the job site.
3 /06/20 Pages: 17 of 22
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EXHIBIT C
TO
CONTRACTOR'S
RIGHT OF ENTRY AGREEMENT
Union Pacific Railroad Company
Insurance Provisions For
Contractor's Right of Entry Agreement
Contractor shall, at its sole cost and expense, procure and maintain during the course of the Project and until all Project
work on Railroad's property has been completed and the Contractor has removed all equipment and materials from
Railroad's property and has cleaned and restored Railroad's property to Railroad's satisfaction, the following insurance
coverage:
A. Commercial General Liability insurance. Commercial general liability (CGL) with a limit of not less than
$5,000,000 each occurrence and an aggregate limit of not less than $10,000,000. CGL insurance must be written
on ISO occurrence form CG 00 01 12 04 (or a substitute form providing equivalent coverage).
The policy must also contain the following endorsement,which must be stated on the certificate of insurance:
• Contractual Liability Railroads ISO form CG 24 17 10 01 (or a substitute form providing equivalent
coverage) showing "Union Pacific Railroad Company Property" as the Designated Job Site.
• Designated Construction Project(s) General Aggregate Limit ISO Form CG 25 03 03 97 (or a substitute
form providing equivalent coverage) showing the project on the form schedule.
B. Business Automobile Coverage insurance. Business auto coverage written on ISO form CA 00 01 10 01 (or a
substitute form providing equivalent liability coverage)with a combined single limit of not less$5,000,000 for each
accident and coverage must include liability arising out of any auto (including owned, hired and non-owned
autos).
The policy must contain the following endorsements, which must be stated on the certificate of insurance:
• Coverage For Certain Operations In Connection With Railroads ISO form CA 20 70 10 01 (or a substitute
form providing equivalent coverage)showing "Union Pacific Property" as the Designated Job Site.
• Motor Carrier Act Endorsement- Hazardous materials clean up (MCS-90) if required by law.
C. Workers' Compensation and Employers' Liability insurance. Coverage must include but not be limited to:
• Contractor's statutory liability under the workers' compensation laws of the state where the work is being
performed.
• Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 disease policy limit
$500,000 each employee.
If Contractor is self-insured, evidence of state approval and excess workers compensation coverage must be
provided. Coverage must include liability arising out of the U. S. Longshoremen's and Harbor Workers' Act, the
Jones Act, and the Outer Continental Shelf Land Act, if applicable.
The policy must contain the following endorsement, which must be stated on the certificate of insurance:
• Alternate Employer endorsement ISO form WC 00 03 01 A (or a substitute form providing equivalent
coverage) showing Railroad in the schedule as the alternate employer (or a substitute form providing
equivalent coverage).
D. Railroad Protective Liability insurance. Contractor must maintain "Railroad Protective Liability" (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
3994609 Pages: 18 of 22
ExhibitC 02/06/2014 10:58 RM R Fee:$0.00
Page 1 Steve Moreno. Clerk and Recorder. Weld County, CO
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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 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.
Contractor waives all rights of recovery, and its insurers also waive all rights of subrogation of damages against
Railroad and its agents, officers, directors and employees. This waiver must be stated on the certificate of
insurance.
J. Prior to commencing the work, Contractor shall furnish Railroad with a certificate(s) of insurance, executed by a
duly authorized representative of each insurer, showing compliance with the insurance requirements in this
Agreement.
K. All insurance policies must be written by a reputable insurance company acceptable to Railroad or with a current
Best's Insurance Guide Rating of A-and Class VII or better, and authorized to do business in the state where the
work is being performed.
L. The fact that insurance is obtained by Contractor or by Railroad on behalf of Contractor will not be deemed to
release or diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of
this Agreement. Damages recoverable by Railroad from Contractor or any third party will not be limited by the
amount of the required insurance coverage.
3994609 Pages: 19 of 22
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EXHIBIT D
TO
CONTRACTOR'S RIGHT OF ENTRY AGREEMENT
MINIMUM SAFETY REQUIREMENTS
The term "employees" as used herein refer to all employees of Contractor as well as all employees of any subcontractor
or agent of Contractor.
Clothing
A. All employees of Contractor will be suitably dressed to perform their duties safely and in a manner that
will not interfere with their vision, hearing, or free use of their hands or feet.
Specifically, Contractor's employees must wear:
(i) Waist-length shirts with sleeves.
(ii) Trousers that cover the entire leg. If flare-legged trousers are worn, the trouser bottoms must be
tied to prevent catching.
(iii) Footwear that covers their ankles and has a defined heel. Employees working on bridges are
required to wear safety-toed footwear that conforms to the American National Standards Institute
(ANSI) and FRA footwear requirements.
B. Employees shall not wear boots (other than work boots), sandals, canvas-type shoes, or other shoes that
have thin soles or heels that are higher than normal.
C. Employees must not wear loose or ragged clothing, neckties, finger rings, or other loose jewelry while
operating or working on machinery.
II. Personal Protective Equipment
Contractor shall require its employees to wear personal protective equipment as specified by Railroad rules,
regulations, or recommended or requested by the Railroad Representative.
(i) Hard hat that meets the American National Standard (ANSI) Z89.1 —latest revision. Hard hats should be
affixed with Contractor's company logo or name.
(ii) Eye protection that meets American National Standard (ANSI) for occupational and educational eye and
face protection, Z87.1 — latest revision. Additional eye protection must be provided to meet specific job
situations such as welding, grinding, etc.
(iii) Hearing protection, which affords enough attenuation to give protection from noise levels that will be
occurring on the job site. Hearing protection, in the form of plugs or muffs, must be worn when
employees are within:
• 100 feet of a locomotive or roadway/work equipment
• 15 feet of power operated tools
• 150 feet of jet blowers or pile drivers
• 150 feet of retarders in use (when within 10 feet, employees must wear dual ear protection —
plugs and muffs)
•
(iv) Other types of personal protective equipment, such as respirators, fall protection equipment, and face
shields, must be worn as recommended or requested by the Railroad Representative.
3994609 Pages: 20 of 22
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III. On Track Safety
Contractor is responsible for compliance with the Federal Railroad Administration's Roadway Worker Protection
regulations—49CFR214, Subpart C and Railroad's On-Track Safety rules. Under 49CFR214, Subpart C, railroad
contractors are responsible for the training of their employees on such regulations. In addition to the instructions
contained in Roadway Worker Protection regulations, all employees must:
(i) Maintain a distance of twenty-five (25) feet to any track unless the Railroad Representative is present to
authorize movements.
CO Wear an orange, reflectorized workwear approved by the Railroad Representative.
(iii) Participate in a job briefing that will specify the type of On-Track Safety for the type of work being
performed. Contractor must take special note of limits of track authority, which tracks may or may not be
fouled, and clearing the track. Contractor will also receive special instructions relating to the work zone
around machines and minimum distances between machines while working or traveling.
IV. Equipment
A. It is the responsibility of Contractor to ensure that all equipment is in a safe condition to operate. If, in the
opinion of the Railroad Representative, any of Contractor's equipment is unsafe for use, Contractor shall
remove such equipment from Railroad's property. In addition, Contractor must ensure that the operators
of all equipment are properly trained and competent in the safe operation of the equipment. In addition,
operators must be:
• Familiar and comply with Railroad's rules on lockout/tagout of equipment.
• Trained in and comply with the applicable operating rules if operating any by-rail equipment on-
track.
• Trained in and comply with the applicable air brake rules if operating any equipment that moves
rail cars or any other railbound equipment.
B. All self-propelled equipment must be equipped with a first-aid kit, fire extinguisher, and audible back-up
warning device.
C. Unless otherwise authorized by the Railroad Representative, all equipment must be parked a minimum of
twenty-five (25) feet from any track. Before leaving any equipment unattended, the operator must stop
the engine and properly secure the equipment against movement.
D. Cranes must be equipped with three orange cones that will be used to mark the working area of the crane
and the minimum clearances to overhead powerlines.
V. General Safety Requirements
A. Contractor shall ensure that all waste is properly disposed of in accordance with applicable federal and
state regulations.
B. Contractor shall ensure that all employees participate in and comply with a job briefing conducted by the
Railroad Representative, if applicable. During this briefing, the Railroad Representative will specify safe
work procedures, (including On-Track Safety) and the potential hazards of the job. If any employee has
any questions or concerns about the work, the employee must voice them during the job briefing.
Additional job briefings will be conducted during the work as conditions, work procedures, or personnel
change.
C. All track work performed by Contractor meets the minimum safety requirements established by the
Federal Railroad Administration's Track Safety Standards 49CFR213.
D. All employees comply with the following safety procedures when working around any railroad track:
3994609 Pages: 21 of 22
02/06/2014 10:58 PM R Fee-$0.00
Exhibit Steve Moreno. Clerk and Recorder. Weld County. CO
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(i) Always be on the alert for moving equipment. Employees must always expect movement on any
track, at any time, in either direction.
(ii) Do not step or walk on the top of the rail, frog, switches, guard rails, or other track components.
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.
3994609 Pages: 22 of 22
02/06/2014 10:58 RM R Fee:$0.00
Steve Moreno. Clerk and Recorder. Weld County. CO
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