751.14068.TAP_DB to LL Trail_Bid Package 1_Addendum 2_2023_04_21.pdf

Addendum 2 Page 1 of 1

ADDENDUM NO. 2

DATE: April 21, 2023

PROJECT: Dollar Bay to Lake Linden Trails – Bid Package 1

OWNER: State of Michigan

DTMB FILE NO.: 751/14068.TAP

BID DATE: Wednesday, April 26, 2023** THIS ADDENDUM DOES NOT CHANGE THE

BID DATE**

The following shall be incorporated into the Contract Documents dated 2023 MAR 30.

GENERAL

This addendum is being issued to provide details for the permit that the Contractor shall be required to obtain from MDOT for the work on the MDOT owned portion of the project (Between Montroal Road and the M-26 Road Crossing).

The Instructions For Completing Application To Use MDOT Controlled Freight Railroad Property is attached to this addendum.

Please note there is a $400 non-refundable fee for the permit application. There are also insurance requirements noted in the instructions.

PROJECT MANUAL

Revise Section 00200 INFORMATION FOR BIDDERS, Subsection 2.1 to the following:

2.1 If the Owner has secured or will secure any permits, approvals and licenses and has paid or will pay any associated charges and fees, any such permits, approvals and licenses are itemized in this paragraph: USACE, EGLE

Revise Section 01060 REGULATORY REQUIREMENTS, Subsection 3 to the following:

3. Permits: All required construction permits must be secured and their fees including inspection costs must be paid by the Contractor. The time incurred by the Contractor in obtaining construction permits must constitute time required to complete the Work and does not justify any increases to the Contract Time or Price, except when revisions to the Drawings and/or Specifications required by the permitting authority cause the Delays. The Contractor must pay all charges of Public Utilities for connections to the Work, unless otherwise provided by Cash Allowances specific to those connections. The following permit fees will be paid by the Owner:

USACE and EGLE.

Add the following Rule to Appendix II Special Working Conditions:

7. The Contractor shall submit an Application To Use MDOT Controlled Freight Railroad Property permit and pay the non-refundable fee for the application. The Contractor shall obtain the necessary levels of insurance for the permit.

End of Addendum No. 1

Michigan Department of Transportation 0772 (12/2022)

INSTRUCTIONS FOR COMPLETING

APPLICATION TO USE MDOT CONTROLLED

FREIGHT RAILROAD PROPERTY

(EXCLUDES DEARBORN-KALAMAZOO ACCELERATED RAIL CORRIDOR)

• Use this form to request the use of the Michigan Department of Transportation's (MDOT) state-owned rail corridor, including temporary use, or utility crossings (aerial or subsurface), vehicular crossings, and trails. To request the use of the MDOT Accelerated Rail Corridor between Kalamazoo and Dearborn, refer to MDOT Form 1444. Requests for other access or property rights will require an application (MDOT Form 0609) for a license or sale.

• Processing Fee: A non-refundable $400 processing fee must accompany any submitted application. The processing fee is waived for governmental agencies. NOTE: Additional costs will be associated with property sales and license agreements for private and commercial facilities constructed longitudinally and/or above-ground on the property. In these cases, the applicant will be required to pay fair market value, as determined by State-approved appraisers, for any approved use.

• Location of Proposed Use: Please be as specific as possible regarding the location of the proposed use. The location description should include the City, Township, County, Section-Town-Range Numbers, Railroad Crossing Number and latitude/longitude coordinates. Section-Town-Range and Railroad Crossing Number information can be found using the following map:

www.mcgi.state.mi.us/prfinder. Latitude/longitude coordinates can be found using Google Maps.

• Description of Proposed Use: Please be as specific as possible when describing the proposed use. For example, proposed use could include "dry directional bore fiber optic conduit under the railroad tracks” or “install 75kV electrical line 32 feet over the tracks.”

Attaching engineering plans are typically necessary to provide sufficient details regarding proposed facilities. All construction must comply with the applicable Supplemental Standard Specifications for construction activities (attached). Additional guidance is available on MDOT’s website when applying for private crossings and trail use.

• Insurance Requirements: During permitted right-of-entry or construction activities, the applicant or its contractors shall procure and maintain insurance as listed on following page. For some types of facilities, insurance will be required for the life of the facility.

Current limits are listed in the tables on following pages but are subject to change at MDOT’s discretion. Self-insurance may be an acceptable alternative to the insurance policies. A Sample ACORD form is attached for reference.

• Access Rights: Approved access will be governed, as applicable, by permit, license agreement, or sales agreement. No easements will be issued on MDOT’s railroad property. However, in some cases, MDOT can include language in a permit that provides for the conversion to an easement in the event MDOT’s ownership interest should change. This option is only available for crossings that do not constrain the rail right-of-way and at locations that MDOT is the underlying property owner (in fee). In some locations, MDOT only holds an easement for its rail corridor and not the underlying property. MDOT will attempt to notify applicants when it is aware of such locations. However, applicants are responsible for determining underlying property ownership and seeking additional approvals, as required.

• Submitting the Application: E-mail the entire application packet, including plans, ACORD form and other attachments to WilliamsS107@Michigan.gov. If a processing fee is required and/or attachments are too large to send electronically, please supplement the on-line submission by mailing a check, payable to “State of Michigan,” and/or two copies of any large attachment(s) to Michigan Department of Transportation, Office of Rail, P.O. Box 30050, Lansing, MI 48909.

• Additional Questions: Please contact the Office of Rail at (517) 242-7071 or WilliamsS107@Michigan.gov with any additional questions.

INSURANCE REQUIREMENTS FOR CONSTRUCTION & RIGHT-OF-ENTRY ACTIVITIES

Commercial General Liability Insurance

Minimal Limits $1,000,000 Each Occurrence Limit $1,000,000 Personal & Advertising Injury Limit $2,000,000 General Aggregate Limit $2,000,000 Products/Completed Operations

Endorsed to add additional insureds listed below with waivers of subrogation in their favor.

Coverage must not have exclusions or limitations related to working within 50-feet of a railroad track (CG 24 17 1001 endorsement).

Statutory Worker's Compensation and Employers Liability Insurance Minimal Limits $1,000,000

Endorsed to add additional insureds listed below with waivers of subrogation in their favor.

Railroad Protective Liability Insurance Minimal Limits $2,000,000 Per Occurrence $6,000,000 General Aggregate Automobile Liability Insurance

Minimal Limits $500,000 Per Occurrence https://mdotcf.state.mi.us/public/webforms/public/1444.pdf https://mdotcf.state.mi.us/public/webforms/public/0609.pdf https://lrs.state.mi.us/portal/apps/webappviewer/index.html?id=c3aa2462a1e24e37a33184a33e5976aa https://www.google.com/maps https://www.michigan.gov/-/media/Project/Websites/MDOT/Travel/Mobility/Rail/State-Owned-Rail/Private-Crossings-State-Owned-Lines.pdf?rev=d5e9a7d329674e8f8b6842929b66fd9f https://www.michigan.gov/-/media/Project/Websites/MDOT/Travel/Mobility/Rail/State-Owned-Rail/Rails-With-Trails-Guidance.pdf?rev=57abb2c3764c4d588c7a444f6dafb48f mailto:WilliamsS107@Michigan.gov

MDOT 0772 (12/2022) Page 2 of 5

FACILITIES WITH ON-GOING INSURANCE REQUIREMENTS

RESIDENTIAL DRIVEWAYS

Homeowners Liability Insurance

Minimal Limits $500,000 Combined Single Each Occurrence $1,000,000 Personal Liability Limit Annual

Endorsed to add additional insureds listed below.

Coverage must not have exclusions or limitations related to railroad protective liability. If excluded from the policy, Railroad Protective Liability Insurance will be required at the same minimum limits.

Automobile Liability Insurance

Minimal Limits $500,000 Combined Single Limit Per Occurrence

Endorsed to add additional insureds listed below.

Endorsed to include Hired and Non-Owned Automobile coverage.

COMMERCIAL DRIVEWAYS

Commercial General Liability Insurance

Minimal Limits $1,000,000 Each Occurrence Limit $1,000,000 Personal & Advertising Injury Limit $2,000,000 General Aggregate Limit $2,000,000 Products/Completed Operations

Deductible Maximum $50,000 Each Occurrence

Endorsed to add additional insureds listed below with waivers of subrogation in their favor.

Coverage must not have exclusions or limitations related to working within 50-feet of a railroad track (CG 24 17 1001 endorsement). If excluded from the policy, Railroad Protective Liability Insurance will be required at the same minimum limits.

Automobile Liability Insurance

Minimal Limits

$500,000 Each Occurrence Endorsed to add additional insureds listed below.

Endorsed to include Hired and Non-Owned Automobile coverage.

PIPELINES

Commercial General Liability Insurance

Minimal Limits $1,000,000 Each Occurrence Limit $1,000,000 Personal & Advertising Injury Limit $2,000,000 General Aggregate Limit $2,000,000 Products/Completed Operations

Deductible Maximum $50,000 Each Occurrence

Endorsed to add additional insureds listed below with waivers of subrogation in their favor.

Coverage must not have exclusions or limitations related to working within 50-feet of a railroad track (CG 24 17 1001 endorsement).

Environmental and Pollution Liability (Errors and Omissions) (Requirement for certain types of pipelines)

Minimal limits $1,000,000 Each Occurrence $2,000,000 Annual Aggregate

Endorsed to add additional insureds listed below.

Coverage must be applicable to work being performed, including completed operations equal to or exceeding statute of repose.

Coverage must not have exclusions or limitations related to Transportation (upset overturn, spills during loading or unloading), Hazardous Materials Handling, and Non-Owned disposal site liability.

* Endorsements: The (name of operating railroad), including employees and affiliates, the Michigan Department of Transportation, Michigan State Transportation Commission, and the State of Michigan, its departments, divisions, agencies, offices, commissions, officers, employees, and agents, are named additional insured with waiver of subrogation in their favor for commercial general liability, worker's compensation, and employer's liability insurance. Coverage does not have exclusions or limitations related to work within 50-feet of a railroad track (CG 24 17 1001 endorsement). Umbrella liability insurance follows form.

MDOT 0772 (12/2022)

APPLICATION TO USE MDOT CONTROLLED

FREIGHT RAILROAD PROPERTY

(EXCLUDES DEARBORN-KALAMAZOO ACCELERATED RAIL CORRIDOR)

Use this form to request the use of state-owned rail corridor, including utility crossings (aerial or subsurface) and vehicular crossings. E-mail the entire application packet, including plans, ACORD form and other attachments to WilliamsS107@Michigan.gov. If a processing fee is required and/or attachments are too large to send electronically, please supplement the on-line submission by mailing a check, payable to “State of Michigan,” and/or two copies of any large attachment(s) to Michigan Department of Transportation, Office of Rail, P.O. Box 30050, Lansing, MI 48909.

1 . NAME AND MAILING ADDRESS OF APPLICANT/FACILITY OWNER PHONE NUMBER

E-MAIL ADDRESS

2. NAME AND MAILING ADDRESS OF AUTHORIZED AGENT (If other than applicant) PHONE NUMBER

E-MAIL ADDRESS

3. NAME AND MAILING ADDRESS OF CONSTRUCTION CONTRACTOR (If available) PHONE NUMBER

E-MAIL ADDRESS

4. LOCATION OF PROPOSED USE

CITY: TOWNSHIP: COUNTY:

SECTION: TOWN: RANGE: RAILROAD CROSSING NUMBER:

LATITUDE/LONGITUDE: RAILROAD MILE POINT:

5. PROPOSED USE (Include a description of the type of facility and construction activity, as applicable. Attach plans and additional sheets if necessary. As appropriate, refer to MDOT's guidance on longitudinal-use and private crossings and address accordingly.)

ACTIVITY START DATE

ACTIVITY END DATE

The signature below certifies the application and any subsequent information that is supplied to MDOT related to this application accurately reflects the proposed use and will comply with MDOT requirements specified as a condition of use in the permit.

SIGNATURE OF APPLICANT OR AUTHORIZED AGENT DATE

APPROVAL

ENGINEERING ACCEPTANCE DATE

If accepted, this application and attached plans will be part of any permit or license agreement issued by MDOT, which is valid only if it is on file with MDOT and the proposed use begins within one year of issuance.

FREIGHT RAILROAD PROPERTY

SUPPLEMENTAL SPECIFICATIONS

General Conditions

Excavation is not allowed within: 20 feet from either rail; the front slopes;

or the load influence zone as described by a 1-on-1 slope descending from the ends of the ties, except where specifically authorized in writing by the Department.

Construction equipment and excavated material shall not be stored within 20 feet of the track and in such locations that inhibit drainage, create a hazard or interfere with rail operations, or clear vision for motorists at road intersections.

Under no circumstances shall any heavy equipment, especially machinery with caterpillar treads or cleated tracks, be allowed upon the railroad track or front slopes, without approved special provisions for protecting the track structure and front slopes.

Construction Methods

Bore/Jack Installation

1. Where the method of installation consists of pushing the casing pipe into the sub grade section with a boring auger rotating within the pipe to remove the spoil, the auger shall not be advanced more than one-half the diameter of the casing pipe, where the auger and casing advancement is coordinated. Where the auger is advanced separately, the auger shall not precede the casing pipe.

2. A bore/jack installation shall have a push hole essentially the same as the outside diameter of the pipe plus protective coating. If voids should develop creating a hole diameter greater than 1 in. plus the pipe diameter, grout shall be used to fill such voids. The auger shall be removable from within the pipe in the event an obstruction is encountered. When an obstruction is encountered that stops the forward advancement of the pipe, operations shall cease and the pipe shall be abandoned in place, cut flush with the front slope, and filled completely with grout before any further bore attempts are made.

3. Where field welding is required, the steel pipe ends shall be prepared and a minimum of three complete circumference passes or three overlapping beads of weld shall be applied at seams or joints.

During f ield welding, water shall not be present inside the pipe and must be a sufficient distance below the pipe to allow a quality weld.

Other Installation Methods

1. The use of jetted water is strictly prohibited for excavating under the track.

2. Directional boring/drilling, which utilizes bits with jets, may be used in certain conditions only when specifically authorized in writing. Wet directional boring will be reviewed for approval for longitudinal installations and transversely at grade separation locations only. For transverse installations directly under railroad roadbed, only dry directional boring will be allowed.

3. Sheeting, shoring, and/or dewatering shall be used to prevent caving, slides, or undermining of the foundation material supporting the track structure, ballast section, or any other railroad structures (culverts, signals, switch stands, etc). When water is present or anticipated, ow shall be maintained at the site. When dewatering, the railroad embankment, tracks, and facilities shall be closely monitored for settlement or displacement.

4. The installation of a sub-surface crossings by cutting or removing rail and trenching is prohibited unless specifically approved. Approval of open trench installation will require additional special provisions not contained herein.

Backfilling

1. All trenches, holes, and pits shall be backfilled with an approved material, placed in successive layers not more than 9 in. in depth, and thoroughly compacted to within 95 percent of maximum unit weight.

Maximum unit weight and compaction shall be determined by: the MDOT One-Point T-99 (Proctor) Test for materials having more than 15 percent loss-by-washing; the One-Point Michigan Cone Test for materials having less than or equal to 15 percent loss-by-washing; MDOT approved nuclear gage methods; or approved method.

2. Backfill material shall consist of approved bank-run sand and gravel or Class II granular material per MDOT Standard Specifications for Construction, pass through a screen having 2-3/8 in. square openings, and contain no cementitious properties unsuitable for water percolation nor deleterious or organic materials.

Restoration

1. All surplus or unsuitable material shall be properly disposed outside of the limits of the railroad right-of-way, unless the approved application provides for designated disposal locations on railroad property. Any permitted disposed material shall be leveled and trimmed in an approved manner.

2. Sod and topsoil shall be stored separately from other excavated material and shall be used for turf establishment. Turf restoration shall begin within one week of completing the installation. Restore the grade by placing sod or seed, fertilizing and mulch. Mulch which has become displaced prior to complete seed germination shall be restored.

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FREIGHT RAILROAD PROPERTY

DESIGN CRITERIA

Subsurface Crossings

CASING PIPE

A casing pipe is required for most underground utilities. Only culverts and non-electrical cables don't require encasement. A steel casing pipe is required for all flammable substances. Casing pipes made of material other than steel or leak proof C-76 Class V reinforced concrete must provide a minimum cover of 6-1/2 feet. from base of rail to top of pipe.

MATERIALS

Steel Pipe - Either: ASTM A53-Type E or S, Grade B; or ASTM A 139-Grade B, and have a minimum yield strength of 35,000 psi.

Casing pipe and non-encased carrier pipe shall have the following wall thickness. Numerical values are in inches.

WALL

THICKNESS

.188=3/16 .250 = ¼ .282 = 9/32 .313=5/16 .344=11.32 .375 = 3/8 .407 = 13/32 .438 =7/16 .469=15/32 .500 = ½ .532 = 17/32 .563 =9/16

PIPE WALL

DIAMETER

12-3/4 and under 14, 16 28, 30 34, 36 38, 40, 42

Grout - A mixture of Portland cement and sand in any proportion which does not have more than 50 percent sand by volume.

CULVERTS, GRAVITY SEWERS

Pipes shall have a minimum of two (2) feet of cover from the base of rail to the top of pipe. The pipe shall be of leak proof construction and shall be a minimum 10 gauge steel and capable of supporting E-80 loading capacity, with no joints under the roadbed from drainage ditch to drainage ditch.

DEPTH OF PIPE

Casing or carrier pipes shall be placed at a depth that will provide not less than 5' 0" of cover from bottom of tie to top of pipe and provide a minimum of 3 feet. of cover below proposed ditch bottoms.

LENGTH OF CASING

Length of pipe shall be the greatest distance as measured at right angles to the track: 3 feet. beyond toe of slope; 3 feet. beyond the ditch; or a minimum distance of 25 feet. from the near rail, when the end of casing is below ground.

BORE PITS

A minimum of 20 feet (perpendicular measurement) shall be maintained from the near rail to any bore pit, unless specifically authorized in writing by the Department. Bore pit dimensions, depth, distance to each near rail, and to the toe of slope for each front slope must be shown on the plans.

Aerial Crossing

VERTICAL CLEARANCES

The minimum vertical clearance, including sag, from top of rail to utility line directly over the track(s) shall be.

26 feet Communications 27 feet 0 - 750V 28 feet 750V - 15kV 30 feet 15kV - 50kV 32 feet 50kV - 100kV 33 feet 100kV - 150kV 35 feet 150kV - 200kV 37 feet 200kV - 250kV

HORIZONTAL CLEARANCES

Poles or guy wires are only allowed in the Right-of-Way in limited instances. Approval will be on a case-by-case basis.

Required Information for All Crossings A cross-sectional view of the proposed crossing shall be included with the application, and shall include the following topographical information, as applicable.

Adjacent utilities, obstructions or adjacent structures; actual cross- section elevations at the proposed crossing location measured at 0.1 feet increments relative to the top of rail and elevations at 5 feet intervals 50 feet. each side of centerline;

ditch and rail profiles at 25 feet. intervals for 300 feet. each direction from crossing (or as necessary to describe drainage);

dimensions of bore pits; the closest distance of bore pits to each near rail; and the location relative to a railroad milepost and/or nearby road crossings.

Longitudinal Occupancy

Depth of cover and offset from the track will be considered on an individual basis. Casing requirements can be waived where there is sufficient depth of cover and lateral offset from the track structure.

Utility Structures

Above or below ground structures are only allowed in the Right-of-way in limited instances. Approval is on a case-by-case basis.

1qWE: APPROVAL