410-DPS-93(15) (2).pdf

PROPOSAL FORM

NEBRASKA DEPARTMENT OF TRANSPORTATION

ON BEHALF OF:CITY OF YORK

LETTING DATE: October 01, 2026

LETTING TIME: 1:30 PM

CALL ORDER: 410

CONTROL NO. SEQ. NO.: 43010 000

TENTATIVE START DATE: 03/29/2027

LOCATION: PROJECT ACCESS YORK

IN COUNTY: YORK

CONTRACT ID: 43010

PROJECT NO.: DPS-93(15)

CONTRACT TIME: 210 Working Days

DBE GOAL: N/A

PREQUALIFICATION CLASS: 3,6,10 -

CONCRETE PAVEMENT, BRIDGES, GENERAL

(ALL CLASSES)

COMBINED BID REQUIREMENTS: N/A

GROUP 1

GROUP 1A

GROUP 3

GROUP 4

GROUP 5

GROUP 6

GROUP 8B

GROUP 8C

GROUP 10

ADDITIVE

GRADING

MSE WALL

CONCRETE PAVEMENT

CULVERTS

SEEDING

BRIDGE AT STATION 1509+05.00

ELECTRICAL

SIGNING

GENERAL ITEMS

ALTERNATIVE A - GROUP 8B ELECTRICAL

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P R

O F

E S

IO

NAL CIVIL

E

N G I N

E E

R

S T

A T

E

OF NEBRA

S

K A

S

E-9403

McCULLOUGH

STEVEN

Sep 09, 2026

Project Access York Project No. 93(15) Contract ID 43010

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NOTICE TO ALL BIDDERS

To report bid rigging activities, call: 1-800-424-9071

The U.S. Department of Transportation (DOT) operates the above toll-free “hotline” Monday through Friday, 8:00 a.m. to 5:00 p.m. eastern time. Anyone with knowledge of possible bid rigging, bidder collusion, or other fraudulent activities should use the “hotline” to report such activities.

The “hotline” is part of the DOT’s continuing effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the DOT Inspector General. All information will be treated confidentially, and caller anonymity will be respected.

LETTING QUESTIONS

Prior to the letting, any questions pertaining to the Special Provisions or the Plans for this project should be submitted to NDOT in a written format through the Bid Express (BidX) website at https://www.bidx.com/ne/lettings. Likewise, NDOT will post answers exclusively to the BidX website. All official answers will be identified as “Authorized by NDOT.” Questions will not be answered verbally.

The NDOT answers posted in BidX are not a part of the contract documents, are provided for information only, and are subject to change. Only the contract documents, including any addenda thereto, should be relied upon by a potential bidder when submitting a bid.

https://www.bidx.com/ne/lettings

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TABLE OF CONTENTS

DIVISION 100 – GENERAL REQUIREMENTS

SPECIAL PROSECUTION AND PROGRESS

STATUS OF UTILITIES

STATUS OF RIGHT-OF-WAY

RAILROAD SPECIAL PROVISIONS

ENVIRONMENTAL COMMITMENTS

DIVISION 100 – GENERAL REQUIREMENTS AND COVENANTS

DIVISION 200 – EARTHWORK

DIVISION 300 – SUBGRADE PREPARATION, FOUNDATION COURSES,

BASE COURSES, SHOULDER CONSTRUCTION, AND

AGGREGATE SURFACING

DIVISION 400 – LIGHTING, SIGNS, AND TRAFFIC CONTROL

DIVISION 600 – PORTLAND CEMENT CONCRETE PAVEMENTS

DIVISION 700 – BRIDGES, CULVERTS, AND RELATED CONSTRUCTION

DIVISION 800 – ROADSIDE DEVELOPMENT AND EROSION CONTROL

DIVISION 900 – INCIDENTAL CONSTRUCTION

DIVISION 1000 – MATERIAL DETAILS

FHWA-1273 REQUIRED CONTRACT PROVISIONS FEDERAL-AID

CONSTRUCTION CONTRACTS

EXECUTIVE ORDER 11246

DAVIS-BACON WAGE DETERMINATION

TRAINING SPECIAL PROVISIONS

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SPECIAL PROVISIONS

FOR

FEDERAL AID

PROJECT NO. 93(15)

GENERAL CONDITIONS

(1-1-0826)

Bids for the work contemplated in this proposal form will be received at the office of the Nebraska Department of Transportation in Room 109 of the Central Office Building at 1500 Nebraska Parkway at Lincoln, Nebraska, until the date and time shown on page 1 of the Proposal.

a. Bids submitted by mail should be addressed to the Nebraska Department of Transportation, c/o Contract Lettings Section, P.O. Box 94759, Lincoln, NE 68509-4759.

b. Bids submitted electronically over the internet, shall be submitted using www.bidx.com.

Contractors contemplating submitting a bid for this contract must submit a request to bid via the Department’s ‘Request for Bidding Document’ website at: https://dot.nebraska.gov/business-center/bid-request-planholder-registration/. An Authorization to Bid will only be issued to, and bids accepted from, Contractors who are prequalified for the Prequalification Class indicated on page 1 of the Proposal Form.

Bids will be opened, and the bid totals will be read via the Department’s designated online meeting platform immediately following the letting date and time indicated on page 1 of the Proposal. Access information for the online bid opening will be available on the BidX Letting webpage a minimum of 2 days prior to the opening, and can be found by selecting the applicable letting from: https://www.bidx.com/ne/lettings.

The 2017 Edition of the Standard Specifications for Highway Construction, including all amendments and additions thereto effective at the date of the contract, are made a part of these Special Provisions, through reference.

The Required Contract Provisions, Form FHWA 1273, (Rev. 10-23), and the Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity and Standard Federal Equal Employment Opportunity Construction Contract Specifications dated November 3, 1980, are attached to and are a part of this proposal form.

The General Wage Decision issued under the Davis-Bacon and Related Acts is attached to and is a part of this proposal form.

https://dot.nebraska.gov/business-center/bid-request-planholder-registration/ https://dot.nebraska.gov/business-center/bid-request-planholder-registration/ https://www.bidx.com/ne/lettings

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SPECIAL PROSECUTION AND PROGRESS

(General Requirements)

The Contractor shall install, maintain, and remove all signs and devices for the detour route.

Paragraph 3. of Subsection 104.04 in the Standard Specifications is void.

(Coordination With Others)

The Contractor for this project shall be required to coordinate signing and construction activities with the Contractor for project NH-81-2(153), York North, CN 42957. This project is scheduled to be let to contract in the August 26, 2027 letting. This project consists of milling and resurfacing the roadway and surfaced shoulders with asphalt.

(Migratory Bird Responsibility)

1. The LPA will be responsible for preventing migratory birds from nesting on this project until the tentative start date or an approved, earlier, Contractor-requested start date, whichever occurs first, and throughout the duration of this project, in accordance with the Standard Specifications and other provisions contained in the contract.

2. After receipt of the Notice to Proceed, and prior to the date established in the Notice to

Proceed, and after notifying the Department, the Contractor may perform any environmentally related tasks to satisfy environmental commitments or avoid environmental impacts without the charge of working or calendar days.

STATUS OF UTILITIES

Project No.: DPS-93(15) Control No.: 43010 Location: Project Access York

The following information is current as of August 28, 2026.

All utility work has been completed or the necessary arrangements have been made for the required utility work to be undertaken and completed as required for proper coordination with the physical construction schedules.

The Contractor should request a utility status update at the project pre-construction conference, and/or prior to start of work. Any utility adjustments or interruption of service for the convenience of the Contractor shall be the sole responsibility of the Contractor.

To arrange for utilities to locate and flag their underground facilities, contact Nebraska One Call at 1-800-331-5666 or dial 811.

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After review of the project, the following utility companies have facilities within the project limits:

ALLO COMMUNICATIONS LLC

Are conflicts with this facility anticipated? Yes Description of existing location(s) and facility type:

Allo has facilities located underground throughout the limits of the project. Generally, Allo is located on:

a. The east side of Broadwell Avenue underground

b. The north side of McGowan Street underground

c. Along the west side of the Village 81 trail from Noami Road to 35th Street underground

d. Along the north side of 21st Street underground

e. Along the west side of Grant Avenue underground

f. Along the south side of Nobes Road from Blackburn Avenue to Florida Ct.

underground

g. Along the east side of Maine Avenue from Nobes Road to Clearview Blvd.

underground

h. Along the north side of 19th Street on poles

i. Along the west side of Delaware Avenue underground

Description of conflict(s):

Allo has several vaults and pedestals that will need to be relocated beyond the limits of the trail. The impacted facilities are identified in the project J sheets. The locations of the impacted facilities are generally located:

a. The east side of Broadwell Avenue near the intersection of 35th Street

b. The north side of McGowan Street between the commercial driveways

c. The south side of 35th Street, north of the Walmart Parking lot

d. The west side of Grant Avenue, north of the residential drive

e. The south side of Nobes Road, west of the intersection with Delaware Avenue

f. The east side of Maine Avenue between Raell Drive and Kennedy Drive

Relocation Work and Schedule:

Allo anticipates having their vaults and pedestals relocated by the end of the year 2026, prior to project construction beginning in the spring of 2027.

Additional coordination with Contractor:

N/A

Contact Information:

Tom Gremel (Primary), tom.gremel@allofiber.com Wesley Malone (Secondary), Wesley.Malone@allofiber.com Brent Sexton (Tertiary), Brent.Sexton@allofiber.com

BLACK HILLS ENERGY

Are conflicts with this facility anticipated? No Description of existing location(s) and facility type:

Black Hills Energy is located within the project area but not in conflict with the proposed improvements. Black Hills has gas lines buried throughout the limits of the projects.

The lines are located on the project plans. The identified areas of cover less than 24” deep have been identified on the project J sheets for the Contractor’s awareness to pothole depths as necessary. Excavation within the limits of shallow cover are not anticipated to be more than 1’ deep.

Contact Information:

Jeff Hohnholt (Primary), 402-366-4708, Jeffrey.hohnholt@blackhillscorp.com Chris Jackson (Secondary), 308-238-1749, chris.jackson@blackhillscorp.com mailto:tom.gremel@allofiber.com mailto:Wesley.Malone@allofiber.com mailto:Brent.Sexton@allofiber.com mailto:Jeffrey.hohnholt@blackhillscorp.com mailto:chris.jackson@blackhillscorp.com

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CHARTER COMMUNICATIONS

Are conflicts with this facility anticipated? Yes Description of existing location(s) and facility type:

Spectrum has facilities located underground throughout the limits of the project.

Generally, Spectrum is located on:

a. The east side of Broadwell Avenue underground

b. The north side of McGowan Street underground

c. The west side of the Village 81 trail between Naomi Road and 35th Street underground

d. The east side of Grant Avenue underground

e. The south side of Nobes Road underground

f. The east side of Maine Avenue underground

g. The west side of Delaware Avenue on NPPD’s poles

h. The south side of the Middle School property underground

Description of conflict(s):

Spectrum has several vaults and pedestals that will need to be relocated beyond the limits of the trail. The impacted facilities are identified in the project J sheets. The locations of the impacted facilities are generally located:

a. The northeast corner of Broadwell Avenue and David Drive

b. The east side of Broadwell Avenue near the intersection of 35th Street

c. The south side of Nobes Road

Relocation Work and Schedule:

Spectrum did not provide a schedule for relocations. A couple of the pedestals are anticipated to be relocated by the end of the year 2026. A couple of the pedestals along Nobes Road will need to be adjusted to grade in coordination with the project contractor during construction.

Additional coordination with Contractor:

The Contractor and Spectrum shall coordinate the adjustments of Spectrums pedestals to new grade along the south side of Nobes Road (Ballpark Trail).

Contact Information:

Scott Wallace, 402-480-5734, Scott.wallace@charter.com

Hamilton Telecommunications

Are conflicts with this facility anticipated? No Description of existing location(s) and facility type:

Hamilton Telecommunications is located within the project area but not in conflict with the proposed improvements. Hamilton has two buried fiber lines along the south side of 35th Street adjacent to the north side of Walmart. One buried line is right under the south curb line buried 24” deep. The other fiber line is located further back from the road and located within the existing drainage swale. The fiber vaults owned by Hamilton along the route are not in conflict with the proposed improvements.

Contact Information:

Eric Lohrmeyer, eric.lohrmeyer@hamiltontel.com

NPPD

Are conflicts with this facility anticipated? Yes Description of existing location(s) and facility type:

NPPD is located on various poles throughout the limits of the project. Generally, NPPD is located on:

a. The east side of Broadwell Avenue on poles mailto:Scott.wallace@charter.com mailto:eric.lohrmeyer@hamiltontel.com

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b. At the crossing of the Pedestrian Bridge over US-81 on poles

c. Along the west side of the Village 81 trail from Noami Road to 35th Street on poles

d. Along the west side of the Village 81 trail from 35th Street to the Holthus

Convention Center on poles

e. Along the south side of Nobes Road on poles

f. Along the east side of Maine Avenue buried with transformers

g. Along the south side of 19th Street on poles

h. Along the west side of Delaware Avenue on poles

Description of conflict(s):

NPPD will be relocating the impacted line at the pedestrian bridge crossing of US-81 near MM 58.40 below ground and to the south of the existing crossing. NPPD will also be relocating affected transformers/and power connections to adjacent properties as a result of the impacts to the overhead line. Proposed relocations are included the project K Sheet.

NPPD also has impacts along the remaining segments of the project which will be relocated.

a. NPPD has several poles along the south side of 19th Street that are in conflict with the proposed trail within existing ROW. NPPD will be relocating the poles.

The poles to be relocated are marked within the project J Sheets

b. NPPD operates two light poles that will be relocated. They are located at:

i. The driveway of Tract 121 along the south side of Duke Drive

ii. The northeast corner of Maine Avenue and 15th Street

1. The light poles to be relocated are marked within the project J Sheets

Relocation Work and Schedule:

The work is anticipated to occur prior to construction dependent on NPPD’s ability to secure BABA materials/easements for the relocations. The duration of the work is unknown after multiple requests to NPPD to provide a timeline for relocation.

Additional coordination with Contractor:

Potholing may be required to verify locations and depths of any relocated facilities. See the “POTHOLING” and “UTILITY COORDINATION AND COMMUNICATION” Special Provisions included in this contract.

Additional Comments:

N/A

Contact Information:

Tom Skaff (Primary), 402-649-3315, taskaff@nppd.com Rob Pederson, rrpeder@nppd.com

Hamilton Telecommunications

Are conflicts with this facility anticipated? No Description of existing location(s) and facility type:

OPTK is located within the project area but not in conflict with the proposed improvements. OPTK has existing buried lines that run along the south side of 35th Street, adjacent to the north side of Walmart; a line that runs along the south side of 35th Street at the intersection of Broadwell, and along the south side of 21st Street between Lincoln Avenue and the NDOT Maintenance facility. The lines are not anticipated to be in conflict with the proposed work based on an assumed bury depth of more than a couple of feet.

mailto:taskaff@nppd.com mailto:rrpeder@nppd.com

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Contact Information:

Chris Stittle, 308-627-4600, chris.stittle@optk.com

SEGRA

Are conflicts with this facility anticipated? Yes Description of existing location(s) and facility type:

Segra has facilities located underground throughout the limits of the project. Generally, Segra is located on:

a. The west side of US-81 near McGowan Street underground

b. The south side of 35th Street near Broadwell Avenue underground

c. The north side of 21st Street on poles underground

d. The west side of Grant Avenue on poles

e. The north side of 19th Street on poles

f. The west side of Delaware Avenue on poles

g. The north side of Duke Drive underground

h. The southwest corner of the Elementary School underground

Description of conflict(s):

Segra has only one identified conflict on the project with an existing pole. The pole on the northwest corner of 19th Street and East Avenue will not be affected by project construction, but the guy wire for the lower half of the pole owned by Segra will need to be relocated.

Relocation Work and Schedule:

Segra did not provide a schedule for relocations. The single relocation of the guy wires for the pole on the northwest corner of 19th Street and East Avenue is anticipated to be completed by the end of the year 2026 prior to project construction.

Additional coordination with Contractor:

N/A

Jackie Menjivar, 531-215-3967, jackie.menjivar@segrafiber.com

VERIZON

Are conflicts with this facility anticipated? No Description of existing location(s) and facility type:

Verizon is located within the project area but not in conflict with the proposed improvements. Verizon has an existing buried line that runs along the north side of the BNSF railroad track ROW at the intersection of Blackburn and 19th Street. The line is not anticipated to be in conflict with the proposed work based on an assumed bury depth of more than a couple of feet.

Contact Information:

Jason Dimmock, 402-238-7853, Jason.dimmock@verizon.com

VIAERO

Are conflicts with this facility anticipated? No Description of existing location(s) and facility type:

Viaero is located within the project area but not in conflict with the proposed improvements. Viaero has existing buried lines that run along the north side of 21st Street at the trail crossing. The line is not anticipated to be in conflict with the proposed work based on the bury depths provided by Viaero and the offset from the proposed bollards.

mailto:chris.stittle@optk.com mailto:jackie.menjivar@segrafiber.com mailto:Jason.dimmock@verizon.com

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Shannon McKenzie, 970-467-4040, Shannon.mckenzie@viaerofiber.com

WINDSTREAM

Are conflicts with this facility anticipated? Yes Description of existing location(s) and facility type:

Windstream has facilities located underground throughout the limits of the project.

Generally, Windstream is located on:

a. The east side of Broadwell Avenue underground

b. The north side of McGowan Street underground

c. The east side of US-81 near Wendy’s underground

d. The south side of Wendy’s parking lot underground

e. The west side of the Village 81 trail between Naomi Road and 35th Street underground

f. The south side of 35th Street underground

g. The north and south sides of 21st Street underground

h. The east and west sides of Grant Avenue underground

i. The south side of Nobes Road underground

j. The east side of Maine Avenue underground

k. The south side of 19th Street on poles

l. The north side of Duke Drive underground adjacent to the High School

m. The south side of the Middle School property underground

n. The west side of the Elementary School property underground

Description of conflict(s):

Windstream has several vaults and pedestals that will need to be relocated beyond the limits of the trail. The identified facilities are included in the project J Sheets. The locations of the impacted facilities are generally located on:

a. Pedestals along the south side of Nobes road between Blackburn Ave and Maine Ave

b. A pole adjacent to a resident property near the northeast corner of Maine and 4th Street

c. A pole in the southeast corner of 19th Street and Iowa Avenue Relocation Work and Schedule:

Windstream did not provide a schedule for relocations. The poles are anticipated to be relocated by the end of the year 2026. A couple of the pedestals along Nobes Road will need to be adjusted to grade in coordination with the project contractor during construction.

Additional coordination with Contractor:

The Contractor and Windstream shall coordinate the adjustments of Windstreams pedestals to new grade along the south side of Nobes Road (Ballpark Trail).

Contact Information:

Chris Koch (Primary), 402-560-4491, Chris.Koch@windstream.com

Nick Farmer (Secondary), Nick.D.Farmer@windstream.com Todd Williams (Tertiary), 531-510-8528, todd.j.williams@windstream.com

If any utility facilities are encountered and deemed to be in conflict during construction, the relocation work will be concurrent with construction.

The Contractor is directed to review Subsection 105.06 of the NDOT Standard Specifications for Highway Construction, 2017 Edition for additional information regarding cooperation with utilities.

mailto:Shannon.mckenzie@viaerofiber.com mailto:Chris.Koch@windstream.com mailto:Nick.D.Farmer@windstream.com mailto:todd.j.williams@windstream.com

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To arrange for utilities to locate and flag their underground facilities, see the “STATE OWNED UTILITIES LOCATE NOTIFICATION” Special Provision included in this contract.

NDOT Owned Utilities that are found to be in conflict during construction and are not previously required to be relocated as part of the contract, will be relocated by the contractor as extra work as detailed in Section 109.05 of the NDOT Standard Specifications for Highway Construction, 2017 Edition.

STATUS OF RIGHT OF WAY

The right of way for Project Number 93(15), Control Number 43010 has been acquired and physical possession is held by the State of Nebraska and ready for the contractor’s use, except tracts listed below.

Unacquired Right-of-Way Tracts as follows:

Tract Number

Contract Name Status of Tract Anticipated Completion

Date

1 McDonald’s Corporation Condemnation Late 2026

1 L1 Hall Restaurant of York, Inc Signing Late 2026

21 William Steven Kaliff and Suzann Lynn Kaliff, Co-Trustees and Bachman-Kaliff Farms, Inc

Signing Late 2026

34 The heirs and devisees of Leroy H. Staehr, deceased

Signing Late 2026

39 Melissa Cameron and Melanie Krueger, Successor Trustees

Negotiations Late 2026

44 Mountain Tower & Land, LLC Signing Late 2026

45 Mellissa Cameron and Melanie Krueger, Successor Trustees

Negotiations Late 2026

52 Lavern W. Paneitz Condemnation Late 2026

53 Ryan C. Gieck and Stacy L.

Gieck

Signing Late 2026

55 Tyler J. Bruch and Amy D.

Bruch

Negotiations Late 2026

56 Tyler J. Bruch and Amy D.

Bruch

Negotiations Late 2026

58 Tyler J. Bruch and Amy D.

Bruch

Negotiations Late 2026

72 Yorktowne Estates II, LLC Signing Late 2026

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• NDOT has verified the ROW is free of all encroachments or that they are permitted.

• The Contractor will not be able to perform work on any tract listed as “Unacquired Right of Way Tracts” until legal and physical possession has been acquired by the State.

• All necessary rights of way, including control of access rights when pertinent, have been acquired including legal and physical possession, except as noted above.

• The right of way has been acquired in accordance with the current Federal Highway Administration directives covering the acquisition of real property, except as noted above.

• All necessary arrangements have been made for the right of way clearance to be undertaken and completed concurrently with the highway construction.

BNSF RAILWAY SPECIAL PROVISIONS

FOR PROJECTS FOR HIGHWAY IMPROVEMENTS

1. CONTRACTOR REQUIREMENTS

1.1 General

1.1.1 The Contractor must cooperate with BNSF RAILWAY COMPANY, hereinafter referred to as “Railway” where work is over or under on or adjacent to Railway property and/or right-of-way, hereafter referred to as “Railway Property”, during the construction Project DPS-93(15), Project Access York, CN 43010, DOT 073645K.

1.1.2 Contractor shall have a background investigation performed on all of its employees, subcontractors and agents who will be performing any services for Railroad under this Agreement which are determined by Railroad in its sole discretion a) to be on Railroad’s property, or b) that require access to Railroad Critical Infrastructure, Railroad Critical Information Systems, Railroad’s Employees, Hazardous Materials on Railroad’s property or is being transported by or otherwise in the custody of Railroad, or Freight in Transit involving Railroad.

The required background screening shall at a minimum meet the rail industry background screening criteria defined by the e-RAILSAFE Program as outlined at http://www.e-railsafe.com, in addition to any other applicable regulatory requirements.

Contractor shall obtain written consent from all its employees, subcontractors or agents screened in compliance with the e-RAILSAFE Program to participate in the Program on their behalf and to release completed background information to Railroad’s designee. Contractor shall be subject to periodic audit to ensure compliance.

Contractor subject to the e-RAILSAFE Program hereunder shall not permit any of its employees, subcontractors or agents to perform services hereunder who are not first approved under e-RAILSAFE Program standards. Railroad shall have the right to deny entry onto its premises or access as described in this section above to any of Contractor's employees, http://www.e-railsafe.com/

- 13 -subcontractors or agents who do not display the authorized identification badge issued by a background screening service meeting the standards set forth in the e-RAILSAFE Program, or who in Railroad's opinion, which may not be unreasonable, may pose a threat to the safety or security of Railroad's operations, assets or personnel.

Contractors shall be responsible for ensuring that its employees, subcontractors and agents are United States citizens or legally working in the United States under a lawful and appropriate work VISA or other work authorization.

1.1.3 The Contractor is responsible for determining and complying with all Federal, State and Local Governmental laws and regulations, including, but not limited to environmental laws and regulations (including but not limited to the Resource Conservation and Recovery Act, as amended; the Clean Water Act, the Oil Pollution Act, the Hazardous Materials Transportation Act, CERCLA), and health and safety laws and regulations. The Contractor hereby indemnifies, defends and holds harmless Railway for, from and against all fines or penalties imposed or assessed by Federal, State and Local Governmental Agencies against the Company, which arise out of Contractor’s work under this Agreement.

1.1.4 Except as otherwise agreed to between Railway and State, the Contractor must notify the (State) at (308) 379-6507 and Railway’s Manager of Public Projects; telephone number

(913) 551-4484 at least thirty (30) calendar days before commencing any work on Railway Property. Contractor’s notification to Railway must refer to Railroad’s file RRMP 55.750.The contractor shall be required to apply for, execute and comply with all provisions of a permit obtained by accessing the following link: http://bnsf.railpermitting.com.

1.1.5 For any false work above any tracks, any excavations located within twenty-five (25) feet of the nearest track, and any intersecting slope from the plane of the top of rail on a 1-½ horizontal to 1 vertical slope beginning at eleven (11) feet from centerline of the nearest track, both measured perpendicular to centerline of track, the Contractor must furnish the Railway five sets of working drawings showing details of construction affecting Railway Property and tracks. The working drawing must include the proposed method of installation and removal of false work, shoring or cribbing, not included in the contract plans and two sets of structural calculations of any false work, shoring or cribbing. All calculations must take into consideration Railway surcharge loading and must be designed to meet American Railway Engineering and Maintenance-of-Way Association (previously known as American Railway Engineering Association) Coopers E-80 live loading standard. All drawings and calculations must be stamped by a registered professional Engineer licensed to practice in the state the project is located. The Contractor must not begin work until notified by the Railway that plans have been approved. The Contractor will be required to use lifting devices such as, cranes and/or winches to place or to remove any false work over Railway’s tracks. In no case will the Contractors be relieved of responsibility for results obtained by the implementation of said approved plans.

1.1.6 Subject to the movement of Railway’s trains, Railway will cooperate and make reasonable effort to assist the Contractor so that the work may be handled and performed in an efficient manner. The Contractor will have no claim whatsoever for any type of damages or for extra or additional compensation in the event his work is delayed by necessary Railway operations.

http://bnsf.railpermitting.com/

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1.2 Contractor Safety

1.2.1 No employee of the Contractor, its subcontractors, agents or invitees may enter Railway Property without first having completed Railway’s Engineering Contractor Safety Orientation, found on the web site www.contractororientation.com. The Contractor must ensure that each of its employees, subcontractors, agents or invitees completes Railway’s Engineering Contractor Safety Orientation through Internet sessions before any work is performed on the Project. Additionally, the Contractor must ensure that each and every one of its employees, subcontractors, agents or invitees possesses a card certifying completion of the Railway Contractor Safety Orientation before entering Railway Property. The Contractor is responsible for the cost of the Railway Contractor Safety Orientation. The Contractor must renew the Railway Contractor Safety Orientation annually. Further clarification can be found on the web site or from the Railway’s Representative.

1.2.2 Each Contractor that will perform work within 25 feet of the centerline of a track must develop and implement a Roadway Worker Protection/On Track Safety Program and work with Railway Project Representative to develop an on-track safety strategy as described in the guidelines listed in the on track safety portion of the Safety Orientation. This Program must provide Roadway Worker protection/on-track training for all employees of the Contractor, its subcontractors, agents or invitees. This training is reinforced at the job site through job safety briefings. Additionally, each Contractor must develop and implement the Safety Action Plan, as provided for on the web site www.contractororientation.com, which will be made available to Railway prior to commencement of any work on Railway Property. During the performance of work, the Contractor must audit its work activities. The Contractor must designate an on-site project Supervisor who will serve as the contact person for the Railway and who will maintain a copy of the Safety Action Plan, safety audits, and Material Safety Datasheets (MSDS), at the job site.

1.3 Railway Requirements

1.3.1 The Contractor must take protective measures as are necessary to keep Railway facilities, including track ballast, free of sand, debris and other foreign objects and materials resulting from his operations. The Railway shall notify the Contractor of any damage to the Railway facilities resulting from Contractor’s operations. The Railway will repair such damages and the cost of such repairs of replacement must be paid for by the Contractor.

1.3.2 The Contractor must notify the Railway’s Division Superintendent and provide blasting plans to the Railway for review seven (7) calendar days prior to conducting any blasting operations adjacent to or on Railway’s Property.

1.3.3 The Contractor must abide by the following clearances during construction:

25’-0” Horizontally from centerline of nearest track

23’-31/2” Vertically above top of rail (Temporary False work Clearance may be reduced to 21’-6” subject to Railway approval)

27’-0” Vertically above top of rail for electric wires carrying less than 750 volts

28’-0” Vertically above top of rail for electric wires carrying 750 volts to 15,000 volts

30’-0” Vertically above top of rail for electric wires carrying 15,000 volts to 20,000 volts

34’-0” Vertically above top of rail for electric wires carrying more than 20,000 volts http://www.contractororientation.com/

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1.3.4 Any infringement within the clearances provided above due to the Contractor’s operations must be submitted to Railway and must not be undertaken until approved in writing by the Railway. No extra compensation will be allowed in the event the Contractor’s work is delayed pending Railway approval.

1.3.5 The details of construction affecting the Railway’s property and tracks not included in the contract plans must be submitted to the Railway by the Contractor for approval before work is undertaken and this work must not be undertaken until approved by the Railway.

1.3.6 At other than public road crossings, the Contractor must not move any equipment or materials across Railway’s tracks until permission has been obtained from the Railway. The Contractor must obtain a “Temporary Private Crossing Agreement” (substantially in the form of Exhibit “F” of this agreement and in the form hereof) from the Railway prior to moving his equipment or materials across the Railway’s tracks. The temporary crossing must be gated and locked at all times when not required for use by the Contractor. The temporary crossing for use of the Contractor will be at the expense of the Contractor.

1.3.7 Discharge, release or spill on the Railway Property of any hazardous substances, oil, petroleum, constituents, pollutants, contaminants or any hazardous waste is prohibited and Contractor must immediately notify the Railway’s Resource Operations Center at 1-800-832-5452, of any discharge, release or spills in excess of a reportable quantity.

Contractor must not allow Railway Property to become a treatment, storage or transfer facility as those terms are defined in the Resource Conservation and Recovery Act or any similar State law.

1.3.8 In the event the Contractor shall in any manner move or disturb other property of the Railway, in connection with the use of the said property, then, and in that event, the Contractor shall, as soon as possible and at its sole expense, restore such property to the same condition as it was in before such property was moved or disturbed.

1.3.9 In addition to Subsection 104.07 of the Standard Specification, the Contractor upon completion of the work covered by this contract, must promptly remove from the Railway’s Property all of Contractor’s tools, equipment, implements and other materials whether brought upon said property by said Contractor or any Subcontractor, employee or agent of Contractor or of any Subcontractor, and must cause Railway’s Property to be left in a condition acceptable to the Railway’s representative.

1.4 Protection of Railway Facilities and Railway Flagger Services:

1.4.1 All flagging requests on BNSF property should be directed through BNSFscheduling@wilsonco.com and not to the individual flagging companies. The flagger(s), the Contractor, and the BNSF Roadmaster must participate in a job safety briefing PRIOR TO the start of any work on/over/under Railway’s right of way. The Railway reserves the right to utilize its employees to provide railroad flagging services when those resources become available.

1.4.2 Unless determined otherwise by Railway’s Project Representative, Railway flagger and protective services and devices will be required and furnished when Contractor’s work activities are located over, under and/or within twenty-five (25) feet measured horizontally from centerline of the nearest track and when cranes or similar equipment positioned beyond 25-feet from the mailto:BNSFscheduling@wilsonco.com

- 16 -track centerline could foul the track in the event of tip over or other catastrophic occurrence, but not limited thereto for the following conditions:

a- When in the opinion of the Railway’s Representative it is necessary to safeguard

Railway’s Property, employees, trains, engines and facilities.

b- When any excavation is performed below the bottom of tie elevation, if, in the opinion of Railway’s representative, track or other Railway facilities may be subject to movement or settlement.

c- When work in any way interferes with the safe operation of trains at timetable speeds.

d- When any hazard is presented to Railway track, communications, signal, electrical or other facilities either due to persons, material, equipment or blasting in the vicinity.

e- Special permission must be obtained from the Railway before moving heavy or cumbersome objects or equipment which might result in making the track impassable.

f- Flagging services will be performed by qualified Railway flaggers.

g- A flagging crew generally consists of one employee. However, additional personnel may be required to protect Railway Property and operations, if deemed necessary by the Railway Representative.

h- Each time a flagger is called, the minimum period for billing will be the eight (8) hour basic day.

1.4.3 The cost of flagger services provided by the Railway, when deemed necessary by the Railway’s representative, will be borne by the Contractor. The estimated cost for one (1) flagger is $1,600 for an eight (8) hour basic day with time and one-half or double time for overtime, rest days and holidays. The estimated cost for each flagger includes vacation allowance, paid holidays, Railway and unemployment insurance, public liability and property damage insurance, health and welfare benefits, transportation, meals, lodging and supervision. Negotiations for Railway labor or collective bargaining agreements and rate changes authorized by appropriate Federal authorities may increase actual or estimated flagging rates. The flagging rate in effect at the time of performance by the Contractor hereunder will be used to calculate the actual costs of flagging pursuant to this paragraph.

1.5 Contractor General Safety Requirements

1.5.1 Work in the proximity of Railway track(s) is potentially hazardous where movement of trains and equipment can occur at any time and in any direction. All work performed by Contractors within 25 feet of any track must be in compliance with FRA Roadway Worker Protection Regulations.

1.5.2 Before beginning any task on Railway Property, a thorough job safety briefing must be conducted with all personnel involved with the task and repeated when the personnel or task changes. If the task is within 25 feet of any track, the job briefing must include the Railway’s flagger, as applicable, and include the procedures the Contractor will use to protect its

- 17 -employees, subcontractors, agents or invitees from moving any equipment adjacent to or across any Railway track(s).

1.5.3 Workers must not work within 25 feet of the centerline of any track without an on-track safety strategy approved by the Railway’s Project Representative. When authority is provided, every Contractor employee must know: (1) who the Railway flagger is, and how to contact the flagger, (2) limits of the authority, (3) the method of communication to stop and resume work, and (4) location of the designated places of safety. Persons or equipment entering flag/work limits that were not previously job briefed, must notify the flagger immediately, and be given a job briefing when working within 25 feet of the centerline of track.

1.5.4 When Contractor employees are required to work on the Railway Property after normal working hours or on weekends, the Railroad’s representative in charge of the project must be notified. A minimum of two employees must be present at all times.

1.5.5 Any employees, agents or invitees of Contractor or its subcontractors under suspicion of being under the influence of drugs or alcohol, or in the possession of same, will be removed from the Company’s Property by Contractor and subsequently released to the custody of a representative of Contractor management. Future access to the Railway’s Property by that employee will be denied.

1.5.6 Any damage to Railway Property, or any hazard noticed on passing trains must be reported immediately to the Railway’s representative in charge of the project. Any vehicle or machine which may come in contact with track, signal equipment, or structure (bridge) and could result in a train derailment must be reported immediately to the Railway representative in charge of the project and to the Railway’s Resource Operations Center at 1-800-832-5452.

Local emergency numbers are to be obtained from the Railway representative in charge of the project prior to the start of any work and must be posted at the job site.

1.5.7 For safety reasons, all persons are prohibited from having pocketknives, firearms or other deadly weapons in their possession while working on Railway’s Property.

1.5.8 All personnel protective equipment (PPE) used on Railway Property must meet applicable OSHA and ANSI specifications. Current Railway personnel protective equipment requirements are listed on the web site, www.contractororientation.com, however, a partial list of the requirements include: a) safety glasses with permanently affixed side shields (no yellow lenses); b) hard hats; c) safety shoe with: hardened toes, above-the ankle lace-up and a defined heel; and d) high visibility retro-reflective work wear. The Railroad’s representative in charge of the project is to be contacted regarding local specifications for meeting requirements relating hi-visibility work wear. Hearing protection, fall protection, gloves and respirators must be worn as required by State and Federal regulations. (NOTE – Should there be a discrepancy between the information contained on the web site and the information in this paragraph, the web site will govern.)

1.5.9 The Contractor must not pile or store any materials, machinery or equipment closer than 25’-0” to the centerline of the nearest Railway track. Materials, machinery or equipment must not be stored or left within 250 feet of any highway/rail at-grade crossings, where storage of the same will interfere with the sight distances of motorists approaching the crossing. Prior to beginning work, the Contractor must designate any proposed areas with concurrence of the Railroad’s representative.

http://www.contractororientation.com/

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1.5.10 Machines or vehicles must not be left unattended with the engine running. Parked machines or equipment must be in gear with brakes set and if equipped with blade, pan or bucket, they must be lowered to the ground. All machinery and equipment left unattended on Railway’s Property must be left inoperable and secured against movement. (See Internet Engineering Contractor Safety Orientation program for more detailed specifications)

1.5.11 Workers must not create and leave any conditions at the work site that would interfere with water drainage. Any work performed over water must meet all Federal, State and Local regulations.

1.5.12 All power line wires must be considered dangerous and of high voltage unless informed to the contrary by proper authority. For all power lines the minimum clearance between the lines and any part of the equipment or load must be; 200KV or below – 15 feet; 200 to 350 KV – 20 feet; 350 to 500 KV – 25 feet; 500 to 750 KV – 35 feet; and 750 to 1000 KV – 45 feet. If capacity of the line is not known, a minimum clearance of 45 feet must be maintained. A person must be designated to observe clearance of the equipment and give a timely warning for all operations where it is difficult for an operator to maintain the desired clearance by visual means.

1.6 Excavation

1.6.1 Before excavating, the Contractor must investigate to determine whether any underground pipe lines, electric wires, or cables, including fiber optic cable systems are present and located within the Project work area. The Contractor must determine whether excavation on Railway’s Property could cause damage to buried cables resulting in delay to Railway traffic and disruption of service to users. Delays and disruptions to service may cause business interruptions involving loss of revenue and profits. Before commencing excavation, the Contractor must contact Railway’s Field Engineering Representative John Caldwell; (913) 551- 4564. All underground and overhead wires will be considered HIGH VOLTAGE and dangerous until verified with the company having ownership of the line. It is the Contractor’s responsibility to notify any other companies that have underground utilities in the area and arrange for the location of all underground utilities before excavating.

1.6.2 The Contractor must cease all work and notify the Railway immediately before continuing excavation in the area if obstructions are encountered which do not appear on drawings. If the obstruction is a utility and the owner of the utility can be identified, then the Contractor must also notify the owner immediately. If there is any doubt about the location of underground cables or lines of any kind, no work must be performed until the exact location has been determined. The Railway will grant no exceptions to the requirements of this section.

1.6.3 All excavations must be conducted in compliance with applicable OSHA regulations and, regardless of depth, must be shored where there is any danger to tracks, structures or personnel.

1.6.4 Any excavations, holes or trenches on the Railway’s Property must be covered, guarded and/or protected when not being worked on. When leaving work site areas at night and over weekends, the areas must be secured and left in a condition that will ensure that Railway employees and other personnel who may be working or passing through the area are protected from all hazards. All excavations must be back filled as soon as possible.

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1.7 Hazardous Waste, Substances and Material Reporting

1.7.1 If Contractor discovers any hazardous waste, hazardous substance, petroleum or other deleterious material, including but not limited to any non-containerized commodity or material, on or adjacent to Railway’s Property, in or near any surface water, swamp, wetlands or waterways, while performing any work under this Agreement, Contractor must immediately:

(a) notify the Railway’s Resource Operations Center at 1-800-832-5452, of such discovery:

(b) take safeguards necessary to protect its employees, subcontractors, agents and/or third parties: and (c) exercise due care with respect to the release, including the taking of any appropriate measure to minimize the impact of such release.

1.8 Personal Injury Reporting

1.8.1 The Railway is required to report certain injuries as a part of compliance with Federal Railroad Administration (FRA) reporting requirements. Any personal injury sustained by an employee of the Contractor, subcontractor or Contractor’s invitees while on the Railway’s Property must be reported immediately (by phone mail if unable to contact in person) to the Railway’s representative in charge of the project. The Non-Employee Personal Injury Data Collection Form contained herein is to be completed and sent by fax to the Railway at 1-(817) 352-7595 and to the Railway’s Project Representative no later than the close of shift on the date of the injury.

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NON-EMPLOYEE PERSONAL INJURY DATA COLLECTION

INFORMATION REQUIRED TO BE COLLECTED PURSUANT TO FEDERAL REGULATION. IT SHOULD

BE USED FOR COMPLIANCE WITH FEDERAL REGULATIONS ONLY AND IS NOT INTENDED TO

PRESUME ACCEPTANCE OF RESPONSIBILITY OR LIABILITY.

1. Accident City/St 2. Date: Time:

County: 3. Temperature: 4. Weather (if non-Railway location)

5. Social Security #

6. Name (last, first, mi)

7. Address: Street: City: St. Zip:

8. Date of Birth: and/or Age Gender:

(if available)

9. (a) Injury: (b) Body Part:

(i.e. (a) Laceration (b) Hand)

10. Description of Accident (To include location, action, result, etc.):

11. Treatment:

? First Aid Only

? Required Medical Treatment

? Other Medical Treatment

12. Dr. Name Date:

13. Dr. Address:

Street: City: St: Zip:

14. Hospital Name:

15. Hospital Address:

Street: City: St: Zip:

16. Diagnosis:

FAX TO

RAILWAY AT (817) 352-7595

AND COPY TO

RAILWAY ROADMASTER FAX

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2. INSURANCE

The Contractor shall carry the following insurance coverage:

A. Commercial General Liability insurance. This insurance shall contain broad form contractual liability with a single limit of at least $3,000,000 each occurrence or claim and an aggregate limit of at least $4,000,000. Coverage must be purchased on a post 1998 ISO or equivalent form, including but not limited to coverage for the following:

Bodily injury including death and personal injury.

Property damage.

Fire legal liability.

Products and completed operations.

The policy shall also contain the following endorsements, which shall be indicated on the certificate of insurance:

The employee and workers compensation related exclusions in the above policy apply only to Contractor’s employees.

The exclusions for railroads (except where the Job Site is more than fifty feet (50') from any railroad including but not limited to tracks, bridges, trestles, roadbeds, terminals, underpasses or crossings), and explosion, collapse and underground hazard shall be removed.

Waiver of subrogation.

B. Business Automobile Coverage insurance. This insurance shall contain a combined single limit of at least $3,000,000 per occurrence or claim, including but not limited to coverage for the following:

Bodily injury and property damage.

Any and all motor vehicles including owned, hired and non-owned.

The policy shall also contain the following endorsements, which shall be indicated on the certificate of insurance:

The employee and workers compensation related exclusions in the above policy apply only to Contractor’s employees.

The exclusions for railroads (except where the Job Site is more than fifty feet (50') from any railroad including but not limited to tracks, bridges, trestles, roadbeds, terminals, underpasses or crossings), and explosion, collapse and underground hazard shall be removed.