Bid Notice-Bridge Repair - Bridge. No. 69-6-75.29(059).pdf
PDF 16 MB Posted
- Solicitation number
- 526066414
- Issued by
- Butler County, Kansas
About this file
This is a Bid Notice and Project Special Provision document issued by the Kansas Department of Transportation (KDOT) for bridge repair work in Bourbon County. The project involves repair of Bridge No. 69-6-75.29(059) on US-69 Southbound over the BNSF Railroad near Fulton, with a total bridge length of 0.036 miles. The scope of work includes machine preparation of the bridge deck, area patching, full-depth patching, Portland cement concrete overlay (2.25 inches), bridge deck grooving, reinforcing steel repair (both standard and epoxy-coated Grade 60), temporary concrete safety barriers, pavement marking, traffic control implementation, and flume inlet installation. The project is designated as State Project Number U069-006 KA 7621-01, Call Order Number 641, and Proposal Number 526066414, with a scheduled letting date of June 17, 2026. Contractors must submit electronic proposals through the Bid Express website by 1:00 PM Local Time on the letting date, with proposals opening and reading at 3:00 PM on the same day. The project has a restricted work period of 70 days and a total contract duration of 90 days, with an earliest start date of May 3, 2027, and a latest start date of August 2, 2027. Contract execution must occur within ten business days of award notification.
Pricing for this project uses a unit price bid structure with select items designated as "Set Price," including flagger services at $30.00 per hour, reinforcing steel at $3.00 and $4.00 per pound depending on coating type, and Portland cement concrete overlay material at $250.00 per cubic yard. The funding source is identified as STATE with no federal aid involvement. Contractors must obtain a current Tax Clearance Certificate from the Kansas Department of Revenue before contract award and provide Railroad Protective Liability Insurance with a combined single limit of $5,000,000 per occurrence and $10,000,000 aggregate limit per the BNSF Railway Company agreement. All work on railroad property requires contractor compliance with BNSF's Engineering Contractor Safety Orientation, railroad flagging requirements, and specific construction management provisions outlined in the project special provisions. The contractor must also comply with prevailing wage requirements as specified in General Decision Number KS20260067 for Bourbon County. Subcontractors must be prequalified with KDOT and provide their own Tax Clearance Certificates before approval for subcontract work.
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Dwight D. Eisenhower State Office Building 700 S.W. Harrison Street Topeka, KS 66603-3745
Phone: 785-296-3576 Hearing Impaired - 711 publicinfo@ksdot.org http://www.ksdot.org
Bureau of Construction and Materials
STATE PROJECT NUMBER: U069-006 KA 7621-01
CALL ORDER NUMBER: 641
PROPOSAL NUMBER: 526066414
LETTING DATE 06/17/2026
COUNTY: BOURBON
FUND TYPE: STATE
IOLAKDOT CONSTRUCTION OFFICE:
PROJECT DESCRIPTION
BRIDGE REPAIR. BR. NO. 69-6-75.29(059) US-69 SB OVER BNSF RR IN
BB CO. LGTH 0.036 MI.
RESTRICTED DAYS
(70)
TOTAL CONTRACT DAYS
(90)
MAY 03, 2027
AUGUST 02, 2027
Earliest Start Date:
Latest Start Date:
9:53:55AM5/18/2026 @
Letting 06/17/2026 Kansas Department of Transportation Project No. U069-006 KA 7621-01
Contract No. 526066414
U069-006 KA 7621-01 U069-006 KA 7621-01
CONTRACT PROPOSAL
DOT Form No. 202 Rev. 02/19
Contract ID: 526066414
1. The Secretary of Transportation of the State of Kansas [Secretary] will accept only electronic internet proposals from prequalified contractors for construction, improvement, reconstruction, or maintenance work in the State of Kansas, said work known as Project No.:
U069-006 KA 7621-01 / U069-006 KA 7621-01
The general scope, location and net length are:
BRIDGE REPAIR. BR. NO. 69-6-75.29(059) US-69 SB OVER BNSF
RR IN BB CO. LGTH 0.036 MI.
2. This is the Proposal of
[Contractor] to complete the Project for the amount set out in the accompanying Unit
Prices List.
3. The Contractor makes the following ties and riders as part of its Proposal in addition to state ties, if any:
4. Contractors and other interested entities may examine the Bidding Proposal Form/
Contract Documents (see paragraph 11 below) at the County Clerk's Office in the County in which the Project is located and at the Kansas Department of Transportation [KODT] Bureau of Construction and Materials, Eisenhower State Office Building, 700 SW Harrison, Topeka, Kansas 66603. Contractors may examine and print the Bidding Proposal Form/Contract
Documents by using KDOT's website at http://www.ksdot.gov and choosing the following selections: "Doing Business", "Highway Contractors" and "Highway Letting Information",and using the links provided in the Project information for this project. KDOT will not print and mail paper copies of Proposal Forms. Contractors shall notify KDOT of their intent to bid as a prime contractor by identifying themselves as a Bid Holder on the website above.
Contractors shall furnish this notice no later than 5:00 P.M. on the Monday preceding the scheduled Letting Date. For a fee, Contractors and other interested entities may order paper copies of the KDOT Standard Specifications for State Road and Bridge Construction, 2015 Edition, [Standard Specifications] by using KDOT's website of http://www.ksdot.org and choosing the following selections: "Doing Business", "Highway Contractors", "Contractor Resources and "Specifications".
5. Contractors shall use the AASHTO's Project Bids software in combination with the electronic bidding system file created for the Project with Project Bids software [EBSX file] to generate an electronic internet proposal. The Project Bids software and Project
EBSX file are available on Bid Express' website at http://ui.bidx.com.
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6. Contractors shall only use the Project Bids software to create a proposal and submit an electronic internet proposal to KDOT using the Bid Express website at http:// ui.bidx.com.
7. The KDOT Bureau of Construction and Materials will only accept electronic internet proposals on-line using Bid Express until 1:00 P.M. Local Time on the Letting Date. KDOT will open and read these proposals at the Eisenhower State Office Building, 700 SW
Harrison, Topeka, Kansas 66603 at 3:00 P.M. Local Time on the Letting Date. Bids are read on a conference call at 785-414-8630. The conference ID is 856 616 050#.
8. The Contractor shall execute a contract for the proposed work within ten (10) business days after notice of the award of the contract.
9. The contractor shall complete work to open the project to unrestricted traffic within
_70_ Restricted Days and shall complete the work within the total Contract Working Days of _90_.
10. The Contractor shall complete the Project according to the plans, Standard
Specifications, provisions identified in the Special Provision List and all other
Contract Documents identified in Standard Specifications subsection 101.3
11. The undersigned declares that the Contractor has carefully examined the Bidding
Proposal Form for the Project. The Contractor understands the following:
A. The Bidding Proposal Form consists of the following documents: the Project EBSX files on the Bid Express website (which includes DOT Form 202, required contract provisions, and the Unit Prices List), special provision list, project special provisions, special provisions, Standard Specifications, plans, exploratory work documents, any additional contract information, any addenda, all questions and answers posted on the Bid Express website, and any amendments the Secretary provides for the Project. The Contractor can obtain these documents at KDOT's website (see paragraph 4).
B. The special provision list identifies all required contract provisions, project special provisions and special provisions that apply to the Project.
C. The Bidding Proposal form becomes the Contractor's Proposal after the Contractor completes the EBSX file, electronically signs the Proposal where required on DOT Form
202, and submits the completed EBSX file documents and bid bond to KDOT using Bid
Express. The special provision list, project special provisions, special provisions, Standard Specifications, plans, exploratory work documents, any additional contract information, all questions and answers posted on the Bid Express website, and any addenda are incorporated by reference into the Proposal. These documents are part of the
Contractor's Proposal.
D. In electronically signing this Proposal, the Contractor waives the right to claim that the Contractor misunderstood the contents of the Proposal or the procurement process.
12. The Contractor has inspected the actual location of the work. The Contractor has determined the availability of materials. The Contractor has evaluated all quantities and conditions. In electronically signing this Proposal, the Contractor waives the right to claim that the Contractor misunderstood the scope of the work.
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13. SPECIAL PROVISIONS REQUIRING INFORMATION. The following Required Contract Provisions
(I-XVII) require the Contractor to furnish information. The current versions of these provisions are contained in the Project EBSX file. Some or all of these apply to the
Project as indicated in the Special Provision List. The Contractor shall complete these provisions within the EBSX file. When these documents are required, the Secretary will reject proposals that fail to contain completed Provisions I, II, or III in the EBSX file, and may reject proposals that fail to contain completed Provisions IV, V, VI, VII, VIII, IX, X, XI, XII, XIII, XIV, XV, XVI, or XVII in the EBSX file.
I. 08-10-66 Certification-Noncollusion & History of Debarment
II. 04-30-82 Certification-Financial Prequalification Amount
III. 04-26-90 Declaration-Limitations on Use of Federal Funds for Lobbying
IV. 04-06-26 Certification of Company Not Currently Engaged in the Procurement or Use of Prohibited Foreign Unmanned Aeriel Systems
V. 08-04-92 Certification-Contractual Services with a Current Legislator or a Current Legislator's Firm
VI. 10-10-00 Price Adjustment for Fuel
VII. 08-08-01 Furnishing and Planting Plant Materials
VIII. 06-01-06 Price Adjustment for Asphalt Material
IX. 05-18-07 Repair (Structures)
X. 08-31-09 Price Adjustment for Emulsified Asphalt
XI. 11-15-17 Electric Lighting System Unit Cost
XII. 04-06-09 ITS Unit Cost
XIII. 08-17-16 Water System Unit Cost
XIV. 06-19-19 Sanitary Sewer System Unit Cost
XV. 01-01-18 Smart Work Zone System Unit Cost
XVI. 08-12-24 Continuously Operating Reference Station Unit Cost
XVII. 01-01-11 Kansas Department of Revenue Tax Clearance Certificate
14. The funding source for this Project is STATE. On Projects involving City or County funds, the Secretary acts as the Agent of the City or County and as the administrator of federal or state funds. Each governmental entity's responsibilities are described in a contract between the entities which is available on request.
15. FEDERAL AID DOCUMENTS INCLUDED IN PROPOSAL. If the Project is supported in whole or in part by Federal funds, the latest revisions of the following provisions (I - V) also apply to the Project. These documents are not included in the Project EBSX file but are accessible on KDOT's website and incorporated by reference into the proposal like other provisions and the exploratory work documents.
I. 11-03-80 Affirmative Action For EEO
II. 11-15-96 Affirmative Action & EEO Policies
III. 09-06-94 U.S. DOT Fraud Hotline
IV. FHWA-1273 Federal-Aid Required Contract Provisions
16. The Secretary reserves the right to reject any and all proposals and to waive any or all technicalities.
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17. SIGNATURE SECTION:
A. Electronic Internet Proposal
The person submitting the electronic internet Proposal, on the Contractor's behalf, shall be the person whose digital identification is used to submit this Proposal. That person shall complete paragraphs B and C. The person whose digital identification is used to electronically sign this Proposal binds the Contractor to this Proposal and binds the named individual to the certification in paragraph B.
B. Certification
I CERTIFY THAT I AM AUTHORIZED TO REPRESENT THE CONTRACTOR IN PREPARING AND PRESENTING
THIS PROPOSAL. I CERTIFY UNDER PENALTY OF PERJURY THAT THE FOREGOING (INCLUDING BUT NOT
LIMITED TO THE INFORMATION CONTAINED IN THE SPECICIAL PROVISIONS REFERENCED IN PARAGRAPH
13) IS TRUE AND CORRECT.
EXECUTED ON
C. Signature
Number of company or joint venture:
Name of company or joint venture:
Name of person signing:
Title of the person signing:
Signature: Electronic Internet Proposal
RELEASED FOR CONSTRUCTION:
Date:____________________________________
Chief of Construction and Materials
Contractor: Page 4 Check: 846313568F
KANSAS DEPARTMENT OF TRANSPORTATION
SPECIAL PROVISION LIST
PAGE:
DATE:
05/15/26
STATE PROJECT NO: U069-006 KA 7621-01 STATE CONTRACT NO: 526066414
FEDERAL PROJ NO.
PRIMARY DISTRICT:
DESCRIPTION:
PRIMARY COUNTY: BOURBON4
BRIDGE REPAIR. BR. NO. 69-6-75.29(059) US-69 SB OVER BNSF RR IN BB CO.
LGTH 0.036 MI.
PROVISION NO. DESCRIPTION
NOTE: THE FOLLOWING LIST OF SPECIAL PROVISIONS ARE FOR THIS PROJECT.
OMISSION OF ALL OR PART OF A SPECIAL PROVISION IN THE ATTACHED
PROPOSAL (CONTRACT) DOES NOT RELIEVE THE CONTRACTOR OF THE
RESPONSIBILITY FOR OBTAINING THE COMPLETE PROVISION AS LISTED.
REQUIRED CONTRACT PROVISION-NONCOLLUSION / HISTORY-DEBARMENT08-10-66-R05
REQUIRED CONTRACT PROVISION-FINANCIAL PREQUALIFICATION04-30-82-R07
REQUIRED CONTRACT PROVISION-CONTRACTUAL SERVICES-LEGISLATOR08-04-92-R03
REQUIRED CONTRACT PROVISION-EEO REQUIREMENT11-15-96-R06
REQUIRED CONTRACT PROVISION - BOYCOTT OF ISRAEL PROHIBITED07-01-17-R1
MINIMUM WAGE RATE (BOURBON COUNTY)KS20260067
REQUIRED CONTRACT PROVISION-TAX CLEARANCE CERTIFICATE01-01-11-R01
POLICY AGAINST SEXUAL HARASSMENT03-01-18
ERRATA SHEET FOR STD SPEC BOOK FOR RD & BR CONST, 2015 ED15-ER-1-R23
REQUIRED CONTRACT PROVISIONS KS FUNDED CONST CONTRACTS15-01003
ENVIRONMENTAL CONCERNS - MIGRATORY BIRD TREATY ACT15-01011-R06
PROSECUTION AND PROGRESS15-01016-R04
CONTROL OF WORK15-01019-R02
BIDDING REQUIREMENTS AND CONDITIONS15-01021-R03
SCOPE OF WORK15-01022-R04
BIDDING REQUIREMENTS AND CONDITIONS15-01023
AWARD AND EXECUTION OF CONTRACT15-01024
GENERAL CONCRETE15-04005-R04
CONCRETE STRUCTURE CONSTRUCTION15-07011-R01
AREA PREPARED FOR PATCHING (EXISTING CONCRETE BRIDGE DECKS)15-07019-R01
BRIDGE OVERLAYS15-07025
WORK ZONE TRAFFIC CONTROL AND SAFETY (FOR 1R'S)15-08001-R04
CONCRETE SAFETY BARRIER15-08014
WORK ZONE TRAFFIC CONTROL AND SAFETY15-08019-R03
WORK ZONE TRAFFIC CONTROL AND SAFETY (WORKERS PRESENT SIGNS)15-08029
STORMWATER POLLUTION MANAGEMENT15-09002-R05
STONE FOR RIPRAP, DITCH LINING AND OTHER MISCELLANEOUS USES15-11001-R04
AGGS FOR CONCRETE NOT PLACED ON GRADE15-11003-R04
AIR-ENTRAINING ADMIXTURES FOR CONCRETE15-14001-R01
SHEET MATERIALS FOR CURING CONCRETE15-14002
LIQUID MEMBRANE FORMING COMPOUNDS15-14003
HOT JOINT SEALING COMPOUND15-15001-R01
PREFORMED EXPANSION JOINT FILLER FOR CONCRETE15-15002
COLD APPLIED CHEMICALLY CURED JOINT SEALANT15-15004
STEEL SIGN POSTS15-16002-R03
SPECIAL PROVISION LIST
PAGE:
DATE:
05/15/26
STATE PROJECT NO: U069-006 KA 7621-01 STATE CONTRACT NO: 526066414
FEDERAL PROJ NO.
PRIMARY DISTRICT:
DESCRIPTION:
PRIMARY COUNTY: BOURBON4
BRIDGE REPAIR. BR. NO. 69-6-75.29(059) US-69 SB OVER BNSF RR IN BB CO.
LGTH 0.036 MI.
PROVISION NO. DESCRIPTION
NOTE: THE FOLLOWING LIST OF SPECIAL PROVISIONS ARE FOR THIS PROJECT.
OMISSION OF ALL OR PART OF A SPECIAL PROVISION IN THE ATTACHED
PROPOSAL (CONTRACT) DOES NOT RELIEVE THE CONTRACTOR OF THE
RESPONSIBILITY FOR OBTAINING THE COMPLETE PROVISION AS LISTED.
PORTLAND CEMENT AND BLENDED HYDRAULIC CEMENT15-20001-R02
HYDRATED LIME15-20002
FLYASH FOR USE IN CONCRETE15-20004-R01
SILICA FUME15-20005
SLAG CEMENT FOR USE IN CONCRETE AND MORTAR15-20006
PAVEMENT MARKING PAINT15-22004-R02
IMAGE SYSTEMS15-22005-R03
RETROREFLECTIVE SHEETING15-22006-R01
ROLL-UP SIGNS15-22011
RAISED PAVEMENT MARKERS15-22015
TEMPORARY PAVEMENT MARKING TAPE15-22016
WOOD POSTS15-23001-R03
FIELD HANDLING AND PRESERVATIVE TREATMENT OF WOOD PRODUCTS15-23003-R02
PART V15-25001-R07
MATERIALS CERTIFICATIONS15-26001-R13
RAILROAD FLAGGING REQUIREMENTS15-RF0405
END OF SPECIAL PROVISION LIST
REQUIRED CONTRACT PROVISION - 08-10-66-R05 (Rev. 07/05)
CERTIFICATION - NONCOLLUSION AND HISTORY OF DEBARMENT
K.A.R. 36-30-4, 49 C.F.R. 29.335, 23 U.S.C. 112(c), 49 U.S.C. 322
Complete the exceptions below if applicable. The Contractor's signature on the last page of the Contractor's Proposal (DOT Form 202) supplies the necessary signature for this
Certificate.
NONCOLLUSION
I certify that the Contractor submitting this bid has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action, in restraint of free competitive bidding in connection with the submitted bid.
HISTORY OF DEBARMENT
I certify that, except as noted below, the Contractor submitting this bid and any person associated with this Contractor in the capacitiy of owner, partner, director, officer, principal, investigator, project director, manager, auditor, or any position involving the administration of federal funds:
1. Are not currently suspended, debarred, voluntarily excluded or disqualified from bidding by any federal or state agency;
2. Have not been suspended, debarred, voluntarily excluded or disqualified from bidding by any federal or state agency within the past three years;
3. Do not have a proposed debarment pending;
4. Within the past three years, have not been convicted or had a civil judgment rendered against them by a court of competent jurisdiction in any matter involving fraud, anti-trust violations, theft, official misconduct, or other offenses indicating a lack of business integrity or business honesty; and
5. Are not currently indicted or otherwise criminally or civilly charged by a federal, state, or local government with fraud, anti-trust violations, theft, official misconduct, or other offenses indicating a lack of business integrity or business honesty; and
6. Have not had one or more federal, state, or local government contracts terminated for cause or default within the past three years.
Answer 'Yes' if there are exceptions to the above described circumstances. Answer 'No' if there are no exceptions.
Yes No
The exceptions, if any, are:
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REQUIRED CONTRACT PROVISION - 04-30-82-R07 (Rev. 01/11)
CERTIFICATION - FINANCIAL PREQUALIFICATION AMOUNT
Select the appropriate response below to indicate whether this Proposal exceeds the
Contractor's financial prequalification amount. The Contractor's signature on the last page of the Contractor's Proposal (DOT Form 202) supplies the necessary signature for this Certificate.
I understand that I may be required to identify the outstanding contract and subcontract work of my firm, association or corporation on DOT Form 284 prior to an award of contract. Unless I obtain approval, I understand that the Secretary may reject this
Proposal if the dollar value of work on this Contract combined with unearned amounts on our unfinished contract and subcontract work exceeds our prequalification amount.
I certify that the amount of this Proposal plus the total unearned amount of other contracts with the Kansas Department of Transportation plus the unearned amount of all other contracts in this state or other states exceeds does not exceed the financial prequalification amount of our firm, association or corporation. I also certify that our firm, association or corporation has the financial ability to do the work.
If this Proposal exceeds the financial prequalification amount, I certify that I obtained approval to submit this bid from the KDOT representative I have listed below. (Prior approval to exceed the prequalification limit may be made by telephone or personal contact).
KDOT Approval Granted by:
KDOT Approval Date:
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REQUIRED CONTRACT PROVISION - 08-04-92-R03 (Rev. 07/05)
CERTIFICATION - CONTRACTUAL SERVICES WITH A CURRENT
LEGISLATOR OR A CURRENT LEGISLATOR'S FIRM
Select the appropriate response below to indicate whether this contract is with a legislator or a firm in which a legislator is a member. The Contractor's signature on the last page of the Contractor's Proposal (DOT Form 202) supplies the necessary signature for this Certificate.
Kansas Law, K.S.A. 46-239(c), requires this agency to report all contracts entered into with any legislator or any member of a firm of which a legislator is a member, under which the legislator or member of the firm is to perform services for this agency for compensation. The Contractor certifies that:
This Contract is is not with a legislator or a firm in which a legislator is a member. That Legislator is:
Name:
Address:
City State Zip:
Business Telephone:
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REQUIRED CONTRACT PROVISION - 01-01-11-R01 (01-01-11-R01)
TAX CLEARANCE CERTIFICATE
Answer 'Yes' if the Contractor has a current Tax Clearance Certificate. Answer 'No' if the Contractor does not have a current Tax Clearance Certificate.
Yes No
Insert the Tax Clearance Confirmation Number if available at the time of bidding:
Contractors shall have a current Tax Clearance Certificate from the Kansas Department of
Revenue [KDOR] at the time of contract award. The Tax Clearance process is a tax account review by KDOR to determine that the Contractor's account is compliant with Kansas tax laws administered by the Director of Taxation. The Secretary will reject the Contractor's
Proposal as non-responsive if the Contractor does not have a current Tax Clearance
Certificate at the time of the contract award.
To obtain a Tax Clearance Certificate, the Contractor shall complete and submit to KDOR an Application for Tax Clearance obtained from KDOR's website at http:// www.ksrevenue.org/taxclearance.htm. The Application Form can be completed and submitted on-line, by mail, or by fax. After the Contractor submits the Application, KDOR will provide the Contractor a Transaction ID number. The Contractor shall use the Transaction
ID number to retrieve the Tax Clearance Certificate. Decisions on on-line applications are generally available the following business day.
After the Contractor obtains the Tax Clearance Certificate, the Contractor shall insert on this Required Contract Provision the Confirmation Number contained in the Certificate or the Contractor shall submit a copy of the Tax Clearance Certificate to the KDOT Bureau of Construction and Materials by hand delivery, mail, e-mail or fax. Before awarding a contract, the Bureau of Construction and Materials will authenticate the Certificate through the Confirmation Number inserted on this Required Contract Provision or contained on the Certificate submitted.
If the Contractor is unable to retrieve the Tax Clearance Certificate or if KDOR denies the Contractor's Application for Tax Clearance, the Contractor shall call KDOR's Special
Projects Team at 785-296-3199 to determine why KDOR failed to issue the certificate.
Tax Clearance Certificates are valid for 90 days after issue. To renew a clearance, submit a new Tax Clearance Application. Information pertaining to a Tax Clearance is subject to change for various reasons, including a state tax audit, federal tax audit, agent actions, hearings, and other legal actions. The Tax Clearance Certificate is not
"clearance" for all types of taxes the State of Kansas may assess.
Subcontractors also shall have a current Tax Clearance Certificate from KDOR before the
Secretary approves them for subcontract work. The Contractor shall submit to the KDOT
Field Office the Subcontractor's Tax Clearance Certificate with KDOT Form 259, Request for Approval of Subcontractor.
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Line Number Item Number Quantity Unit Unit Price Extension Price
Section 01
COMMON ITEMS
1 025323 1.000 LS
MOBILIZATION /
2 025324 1.000 LS
TRAFFIC CONTROL /
3 070580 1.000 HOUR $30.000 $30.00
FLAGGER (SET PRICE) /
4 013313 1.000 LS
RAILROAD COORDINATION /
5 013314 1.000 LS
RAILROAD FLAGGING /
Section 01 Total $30.00
Section 02
BRIDGE REPAIR ITEMS
6 014446 862.000 SQYD
MACHINE PREPARATION (2.25") /
7 025522 278.000 SQYD
AREA PREPARED FOR PATCHING /
8 025524 5.000 SQYD
AREA PREPARED FOR PATCHING (FULL DEPTH) /
9 025555 862.000 SQYD
PORTLAND CEMENT CONCRETE OVERLAY (2.25") /
10 025105 1.000 LBS. $3.000 $3.00
REINFORCING STEEL (REPAIR) (GRADE 60) (SET PRICE) /
11 025099 1.000 LBS. $4.000 $4.00
REINFORCING STEEL (REPAIR) (GRADE 60) (EPOXY) (SET PRICE) /
12 025556 1.000 CUYD $250.000 $250.00
MATERIAL FOR PORTLAND CEMENT CONCRETE OVERLAY (SET PRICE) /
13 013333 775.000 SQYD
BRIDGE DECK GROOVING /
14 012304 4.000 EACH
FLUME INLET (STONE) /
Section 02 Total $257.00
Section 03
TRAFFIC CONTROL ITEMS
15 070916 128.000 STAL
PAVEMENT MARKING (TEMP) 4" SOLID (TYPE I) /
16 013019 7500.000 LNFT
PAVEMENT MARKING REMOVAL /
17 011927 640.000 LNFT
CONCRETE SAFETY BARRIER (TYPE F3) (TEMPORARY) /
18 011929 640.000 LNFT
CONCRETE SAFETY BARRIER (TYPE F3) (TEMPORARY - RELOCATE) /
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19 011074 1.000 EACH
IMPACT ATTENUATOR (TL-3) (TEMPORARY) /
20 018158 1.000 EACH
REPLACEMENT MODULES (IMPACT ATTENUATOR) /
Section 03 Total
Item Total $287.00
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"General Decision Number: KS20260067 01/02/2026
Superseded General Decision Number: KS20250067
State: Kansas
Construction Type: Highway
County: Bourbon County in Kansas.
HIGHWAY CONSTRUCTION PROJECTS
Modification Number Publication Date 0 01/02/2026
ENGI0101-002 05/01/2025
Rates Fringes
POWER EQUIPMENT OPERATOR
(Drill Rig Caissons).............$ 38.83 20.80
IRON0010-007 04/01/2025
Rates Fringes
IRONWORKER, STRUCTURAL...........$ 39.00 34.25
SUKS2019-006 05/09/2019
Rates Fringes
CARPENTER........................$ 14.94 0.00
CEMENT MASON/CONCRETE FINISHER...$ 16.24 0.00
ELECTRICIAN......................$ 26.72 4.22
FORM WORKER......................$ 15.33 1.20
IRONWORKER, REINFORCING..........$ 14.09 0.00
LABORER: Asphalt, Includes Raker, Shoveler, Spreader and Distributor......................$ 14.38 0.00
LABORER: Common or General......$ 17.20 0.00
LABORER: Flagger................$ 12.14 0.00
OPERATOR: Asphalt Plant.........$ 14.81 0.00
OPERATOR:
Backhoe/Excavator/Trackhoe.......$ 23.22 0.00
OPERATOR: Bobcat/Skid Steer/Skid Loader................$ 19.83 0.00
OPERATOR: Broom/Sweeper.........$ 13.64 0.00
OPERATOR: Bulldozer.............$ 25.91 8.95
OPERATOR: Concrete Finishing Machine..........................$ 21.11 0.00
OPERATOR: Concrete Saw..........$ 16.71 0.00
OPERATOR: Crane.................$ 20.22 7.66
OPERATOR: Distributor...........$ 15.19 0.00
OPERATOR: Grader/Blade..........$ 17.89 1.67
OPERATOR: Loader................$ 15.75 0.00
OPERATOR: Material Transfer Vehicle..........................$ 13.92 0.00
OPERATOR: Mechanic..............$ 20.51 0.00
OPERATOR: Paver (Asphalt, Aggregate, and Concrete).........$ 16.03 0.00
OPERATOR: Roller................$ 17.21 0.00
OPERATOR: Scraper...............$ 15.68 0.00
OPERATOR: Screed................$ 15.56 0.00
OPERATOR: Tractor...............$ 16.24 0.00
OPERATOR: Roto Mill Groundman....$ 15.35 0.00
OPERATOR: Roto Mill..............$ 17.80 0.00
OPERATOR: Striping Machine.......$ 19.93 4.49
SERVICEMAN: EQUIPMENT............$ 16.33 1.74
TRAFFIC CONTROL: Service Driver...........................$ 14.55 0.00
TRUCK DRIVER: Pickup Truck......$ 16.19 0.00
TRUCK DRIVER: Water Truck.......$ 17.07 0.00
TRUCK DRIVER: Dump and Tandem....$ 15.79 0.00
TRUCK DRIVER: Flatbed and Lowboy...........................$ 19.20 0.00
TRUCK DRIVER: Off Road Truck.....$ 16.38 0.00
WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.
Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year.
Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at https://www.dol.gov/agencies/whd/government-contracts.
Note: Executive Order 13658 generally applies to contracts subject to the Davis-Bacon Act that were awarded on or between January 1, 2015 and January 29, 2022, and that have not been renewed or extended on or after January 30, 2022. Executive Order 13658 does not apply to contracts subject only to the Davis-Bacon Related Acts regardless of when they were awarded.
If a contract is subject to Executive Order 13658, the contractor must pay all covered workers at least $13.30 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in 2025. The applicable Executive Order minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under Executive Order 13658 is available at www.dol.gov/whd/govcontracts.
Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (iii)).
The body of each wage determination lists the classifications and wage rates that have been found to be prevailing for the type(s) of construction and geographic area covered by the wage determination. The classifications are listed in alphabetical order under rate identifiers indicating whether the particular rate is a union rate (current union negotiated rate), a survey rate, a weighted union average rate, a state adopted rate, or a supplemental classification rate.
Union Rate Identifiers
A four-letter identifier beginning with characters other than ""SU"", ""UAVG"", ?SA?, or ?SC? denotes that a union rate was prevailing for that classification in the survey. Example:
PLUM0198-005 07/01/2024. PLUM is an identifier of the union whose collectively bargained rate prevailed in the survey for this classification, which in this example would be Plumbers.
0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. The date, 07/01/2024 in the example, is the effective date of the most current negotiated rate.
Union prevailing wage rates are updated to reflect all changes over time that are reported to WHD in the rates in the collective bargaining agreement (CBA) governing the classification.
Union Average Rate Identifiers
The UAVG identifier indicates that no single rate prevailed for those classifications, but that 100% of the data reported for the classifications reflected union rates. EXAMPLE:
UAVG-OH-0010 01/01/2024. UAVG indicates that the rate is a weighted union average rate. OH indicates the State of Ohio.
The next number, 0010 in the example, is an internal number used in producing the wage determination. The date, 01/01/2024 in the example, indicates the date the wage determination was updated to reflect the most current union average rate.
A UAVG rate will be updated once a year, usually in January, to reflect a weighted average of the current rates in the collective bargaining agreements on which the rate is based.
Survey Rate Identifiers
The ""SU"" identifier indicates that either a single non-union rate prevailed (as defined in 29 CFR 1.2) for this classification in the survey or that the rate was derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As a weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SUFL2022-007 6/27/2024. SU indicates the rate is a single non-union prevailing rate or a weighted average of survey data for that classification. FL indicates the State of Florida. 2022 is the year of the survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. The date, 6/27/2024 in the example, indicates the survey completion date for the classifications and rates under that identifier.
?SU? wage rates typically remain in effect until a new survey is conducted. However, the Wage and Hour Division (WHD) has the discretion to update such rates under 29 CFR 1.6(c)(1).
State Adopted Rate Identifiers
The ""SA"" identifier indicates that the classifications and prevailing wage rates set by a state (or local) government were adopted under 29 C.F.R 1.3(g)-(h). Example: SAME2023-007 01/03/2024. SA reflects that the rates are state adopted. ME refers to the State of Maine. 2023 is the year during which the state completed the survey on which the listed classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination.
The date, 01/03/2024 in the example, reflects the date on which the classifications and rates under the ?SA? identifier took effect under state law in the state from which the rates were adopted.
WAGE DETERMINATION APPEALS PROCESS
1) Has there been an initial decision in the matter? This can be:
a) a survey underlying a wage determination
b) an existing published wage determination
c) an initial WHD letter setting forth a position on a wage determination matter
d) an initial conformance (additional classification and rate) determination
On survey related matters, initial contact, including requests for summaries of surveys, should be directed to the WHD Branch of Wage Surveys. Requests can be submitted via email to davisbaconinfo@dol.gov or by mail to:
Branch of Wage Surveys Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W.
Washington, DC 20210
Regarding any other wage determination matter such as conformance decisions, requests for initial decisions should be directed to the WHD Branch of Construction Wage Determinations.
Requests can be submitted via email to BCWD-Office@dol.gov or by mail to:
Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W.
Washington, DC 20210
2) If an initial decision has been issued, then any interested party (those affected by the action) that disagrees with the decision can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7).
Requests for review and reconsideration can be submitted via email to dba.reconsideration@dol.gov or by mail to:
Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the interested party's position and any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.
3) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W.
Washington, DC 20210.
END OF GENERAL DECISION
BNSF RAILWAY COMPANY
CONTRACTOR AGREEMENT, INSURANCE AND FLAGGING
PROJECT: 69-6 KA-7621-01
PROJECT SCOPE: BRIDGE REPAIR
DOT# 966474E; NEAR CITY OF FULTON
BOURBON COUNTY, KS.
I. PURPOSE OF PROJECT SPECIAL PROVISION
A. This Project Special Provision requires the Contractor to execute the attached Agreement with BNSF Railway Company before the Contractor may enter upon any Railroad right-of-way to perform work on the above Project.
B. This Project Special Provision modifies the insurance requirements of the Kansas Department of Transportation’s Standard Specifications for State Road and Bridge Construction (2015 Edition) as required by this agreement.
II. CONTRACTOR’S AGREEMENT WITH BNSF RAILWAY COMPANY
A. The Contractor’s Agreement is attached to this Project Special Provision and incorporated in the contract for the above Project.
B. The Agreement includes without limitation, contract obligations for commercial general liability insurance, railroad protective liability insurance, flagging, and safety requirements.
C. The Contractor shall not terminate this Agreement without first obtaining the Secretary’s permission to terminate this agreement.
D. BNSF Railway Company may enforce any and all rights given to them in this Agreement.
III. INSURANCE
A. The Contractor shall obtain all insurances required in this Agreement, in the Forms and with the endorsements specified, including without limitation the endorsement that amends the definition of insured contract to remove any exclusion or other limitation for any work being done within 50 feet of railroad property.
B. For the benefit of the Contractor and the Insurance Companies in the determination of a premium for the RPL to be carried for and on behalf of the BNSF Railway Company, the approximate ratio of the estimated contract cost of construction to be performed on, over or under the insured railroad's property or within fifty (50) feet of the insured railroad's tracks on which railroad trains run, to the total contract cost is 50%.
15-RF0405
69-6 KA-7621-01
C. The Contractor shall directly furnish an acceptable certificate of insurance from an authorized representative evidencing the required coverage, endorsements, and amendments. All certificate of insurance and not just Railroad Protective Liability Insurance shall be submitted to BNSF Railway Company’s authorized representative indicated under the “INSURANCE” section of this Agreement.
D. For tracking purposes, the Contractor shall notify the KDOT's Field Engineer by an email of the date the Agreement and the Railroad Protective Liability Policy are submitted to BNSF Railway Company.
E. The Contractor shall also provide a copy of the Railroad Protective Liability Policy to K.D.O.T.
Bureau of Construction & Materials, Plans and Proposal Section, 700 S.W. Harrison, 7th Floor, Topeka, Kansas 66603.
5-8-26 C&M (SH)
15-RF0405
- 1 -
Agmt. No. 006263003 BNSF File No.BF-20598926
A G R E E M E N T
Kansas Project
This Agreement made and entered into as of the ____ day of __________________, _____, by and between the BNSF
Railway Company, a corporation, hereinafter called
"Railroad", and the Secretary of Transportation of the
State of Kansas, hereinafter called "Secretary".
WHEREAS, the Secretary proposes to construct an improvement of a portion of Highway US-69 under a project designated by Number 69-
6 KA-7621-01 Bourbon County, Kansas, and the improvement includes bridge repair on the right-of-way of the Railroad at BNSF MP 89.50
Fort Scott Subdivision, DOT Number 966474E located in Section 7, T24S, R25E, Bourbon County, Kansas, as shown and described on
Exhibit "A", attached hereto and made a part hereof, and
WHEREAS, the term "improvement" as used in this Agreement, refers to work involving property of the Railroad constructed in accordance with plans approved by the Railroad and the Secretary, and such plans when approved are made a part of this Agreement by reference thereto, and
WHEREAS, the parties desire to set forth in this instrument their understanding and agreements relating to the construction, maintenance and allocation of costs of said proposed work and the changes made necessary in connection therewith:
NOW, THEREFORE, the parties hereto agree as follows:
ARTICLE I
In consideration of covenants and conditions to be fulfilled by the Secretary as hereinafter set forth, RAILROAD AGREES:
1. To furnish all labor, materials, tools and equipment and to perform all work required to make changes in railroad facilities including alignment, location or elevation of tracks and appurtenances, telephone, telegraph, pipe and signal lines over and/or under its right-of-way, property and tracks and other facilities as may become necessary by reason of said improvement and to comply with the applicable provisions of 23 C. F. R., Chapter
I, Part 646, as supplemented and amended in relocation of non-railroad facilities occupying Railroad right-of-way. Said Title
23 Code of Federal Regulations (23 C. F. R.) is by reference made a part of this agreement. The description and estimated cost of such work, material, tools and equipment is particularly set forth in
Docusign Envelope ID: D4BE51F9-EA34-4D7C-AC9B-0435907EC74B 15-RF0405
69-6 KA-7621-01
7th October 2025
- 2 -
Exhibit "B" which, if required, will be attached hereto and made a part hereof. It is understood and agreed that no work shall be done by the Railroad until such estimate has been approved by the
Secretary.
To furnish all construction management that BNSF determines is necessary to inspect the Contractor’s work activities affecting train operations and BNSF property. This may include, without limitation, excavation on BNSF property and bridge construction on, over, and across BNSF property. The description and estimated cost of such construction management services is also particularly set forth in Exhibit “B” attached hereto and made a part hereof. It is understood that this does not authorize Railroad employees or agents performing construction management services to direct the
Contractor’s work activities.
All work to be done hereunder by Railroad shall be done by
Railroad's employees working under Railroad Labor Agreements and shall be done on a force account basis, or by contract, subject to the provisions of 23 C. F. R., Chapter I, Part 646, the cost thereof to be paid to Railroad by the Secretary in the manner hereinafter set forth.
2. This Agreement is subject to, and to the extent applicable, the Railroad agrees to comply with 23 U.S.C. 313 (“Buy
America”) and 23 C.F.R 635.410 (“Buy America requirements”) which require that all iron and steel permanently incorporated in the
Railroad’s facilities that are constructed under this Agreement shall have been manufactured, produced, and processed in the United
States. Manufacturing processes include any process which modifies the chemical content, the physical size or shape, or the final finish of the iron or steel. These processes include initial melting, mixing, rolling, machining, extruding, bending, grinding, drilling, and coatings applied to iron or steel (including epoxy coatings, galvanizing, painting, and any other coating that protects or enhances the value of the iron or steel used). Companies providing iron or steel or performing any manufacturing processes on the iron or steel shall include a "Buy America" statement on test reports and material certifications submitted to the Railroad. The "Buy
America" statement shall identify the source of the iron or steel and the location(s) of the manufacturing processes. The statement shall certify that the company issuing the test report or material certification complies with all provisions of the Buy America Act.
Buy America requirements do not apply to temporary items (Example:
temporary sheet piling, steel scaffolding, and falsework) on the contract, even if these items are left in place with the Engineer’s approval. The Railroad will include the test results and material certifications with its billing to the Secretary.
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- 3 -
3. In addition to Buy America, all construction materials and manufactured products must meet the Buy America, Build America
(“BABA”) Act of the Infrastructure Investment and Jobs Act. To the extent applicable, the Railroad shall provide materials that specifically meet the BABA Act by stating on the material certification “This product meets the Buy America, Build America
(BABA) Act of the Infrastructure Investment and Jobs Act.” The following materials are exempt from this requirement:
• Aggregates
• Asphalt Materials
• Air-Entraining Admixtures for Concrete
• Chemical Admixtures for Concrete
• Cementitious Grout
• Rapid-Set Concrete Patching Material
• Shotcrete Concrete
• Grout Used in Post-Tensioning
• Portland Cement and Blended Hydraulic Cement
• Fly Ash for Use in Concrete
• Silica Fume
• Slag Cement for use in Concrete and Mortars
• Blended Supplementary Cementitious Material for use in Concrete.
4. Railroad shall, immediately after plans are approved, deliver to the Secretary Railroad's requirements when flagmen are deemed necessary for the safety of Railroad property or the movement of its trains during the progress of the work while on Railroad right-of-way, or in connection with operations off Railroad right-of-way affecting Railroad safety, and of the method to be used in computing its costs therefore. The Secretary shall not be liable for such cost but the Secretary’s contracts will require the
Secretary’s contractor to assume and pay all such costs directly to the Railroad.
5. To provide in Exhibit "C" which is attached hereto, its requirements and methods of cost for contractor. The contractor will complete the Railroad safety seminar before work commences on property of the Railroad. Further the Railroad agrees to provide the Secretary 90 days written notice of any proposed changes to
Exhibit "C" revision date April 7, 2014 for review and approval by the Secretary. If any revision of Exhibit “C” results in additional compensation owed to contractor, BNSF shall pay such additional compensation.
6. To present insofar as possible final detailed and itemized statement for work performed by Railroad at expense of the Secretary within one hundred twenty (120) days after completion thereof, such
Docusign Envelope ID: D4BE51F9-EA34-4D7C-AC9B-0435907EC74B 15-RF0405
- 4 -statement to be on the basis of detailed and itemized cost for items set forth in the estimate therefore, and in accordance with and subject to the terms and applicable provisions of 23 C. F. R., Chapter I, Subchapter B, Part 140, Subpart I, as supplemented and amended. The Railroad may present periodic itemized progress bills to the Secretary for work as completed. Final payment will be made in the amount of the difference between the sum of the monthly payments made and the itemized audited statement for the total amount of the work performed by the Railroad upon completion of the work. In the event of overpayment, Railroad shall refund to the
Secretary such excess.
7. Items of material removed and not re-used on the project shall be credited to the cost of the project in accordance with 23
C. F. R., Chapter I, Subchapter B, Part 140, Subpart I.
8. To the extent applicable, to act in full compliance with the "Special Attachment" (consisting of two pages) related to Title
VI of the Civil Rights Act of 1964, said "Special Attachment" affixed hereto and made a part of this Agreement.
ARTICLE II
In consideration of the covenants and conditions to be fulfilled by Railroad as herein set forth, SECRETARY AGREES:
1. To prepare all detail plans and specifications, including special provisions, for the improvement involving the property of the Railroad, which plans and specifications shall be submitted to the Railroad for its approval. Such plans and specifications shall be approved by both the Railroad and by the Secretary before any contracts are awarded by the Secretary and before any work is done by the Railroad. All construction and work done by the parties shall be in accordance with the approved plans and specifications. All construction and work done by the parties shall be in accordance with the approved plans and specifications.
2. To secure or cause to be secured all highway right-of-way required for or incident to the proposed improvement, including any right-of-way required for borrow rights, except that provided for in Section 1 of Article 1 hereof.
3. To make any and all arrangements with Railroad, Railroad’s tenants, and Railroad lessees that may be necessary for the location and relocation of wire lines, pipelines, and other facilities that
Railroad’s tenants and lessees own, that are located on Railroad’s right-of-way and that may be necessary to construct the improvement.
To make any and all arrangements with third parties that may be necessary for the location and relocation of wire lines, pipelines, Docusign Envelope ID: D4BE51F9-EA34-4D7C-AC9B-0435907EC74B 15-RF0405
- 5 -and other facilities outside Railroad’s right-of-way and that may be necessary to construct the improvement.
4. To furnish or cause to be furnished all labor, materials, tools and equipment and to construct the improvement, except such work as is to be performed by Railroad, in accordance with the approved plans and specifications.
5. To require the contractor, in respect to its work performed upon, over or under Railroad right-of-way, to provide
Railroad Protective Liability Insurance as set forth in 23 C. F.
R., Chapter I, Part 646, with Policy Limits for Bodily Injury, Death, and Property Damage limited to a combined single limit of
$5,000,000 per occurrence with an aggregate limit of $10,000,000 applying separately to each annual period, in accordance with the most current ISO Form and shall include the Limited Seepage and
Pollution Liability Endorsement.
A. No work shall be started on Railroad property until:
1. Certificate of contractor's public liability and property damage insurance has been furnished to Railroad.
2. Original copy of Railroad's protective insurance policy is furnished to Railroad.
3. Railroad has advised the Secretary, in writing, that limits, form and substance of insurance policies are satisfactory to Railroad.
B. The aforementioned public liability and property damage policy and railroad protective liability insurance policy shall be kept in full force and effect by the Secretary's contractor during the performance of said work upon and adjacent to
Railroad's property and thereafter until contractor removes all tools and equipment from Railroad's property and cleans up the premises to satisfaction of Railroad.
6. To require the Contractor, in respect to the Contractor’s work performed upon, over or under Railroad right-of-way, to comply with the Contractor Requirements in Exhibit "C", in addition to obligate the Contractor to provide the indemnity provided for in
Exhibit “C-1”, which indemnity provisions shall mirror the following:
A. Contractor hereby waives, releases, indemnifies, defends and holds harmless Railroad for all
Docusign Envelope ID: D4BE51F9-EA34-4D7C-AC9B-0435907EC74B 15-RF0405
- 6 -judgments, awards, claims, demands, and expenses
(including attorneys' fees), for injury or death to all persons, including Railroad’s and Contractor's officers and employees, and for loss and damage to property belonging to any person, arising in any manner from Contractor or any of Contractor’s subcontractors’ acts or omissions or any work performed on or about Railroad’s property or right-of-way. THE LIABILITY ASSUMED BY CONTRACTOR SHALL
NOT BE AFFECTED BY THE FACT, IF IT IS A FACT, THAT
THE DESTRUCTION, DAMAGE, DEATH, OR INJURY WAS
OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF
RAILROAD, ITS AGENTS, SERVANTS, EMPLOYEES OR
OTHERWISE, EXCEPT TO THE EXTENT THAT SUCH CLAIMS ARE
PROXIMATELY CAUSED BY THE INTENTIONAL MISCONDUCT OR
GROSS NEGLIGENCE OF RAILROAD.
IT IS MUTUALLY NEGOTIATED BETWEEN THE PARTIES THAT
THE INDEMNIFICATION OBLIGATION SHALL INCLUDE ALL
CLAIMS BROUGHT BY CONTRACTOR’S EMPLOYEES AGAINST
BNSF, ITS AGENTS, SERVANTS, EMPLOYEES OR OTHERWISE,
AND CONTRACTOR EXPRESSLY WAIVES ANY IMMUNITY
OTHERWISE PROVIDED UNDER APPLICABLE STATE WORKERS
COMPENSATION OR SIMILAR LAWS AND ASSUMES POTENTIAL
LIABILITY FOR ALL ACTIONS BROUGHT BY ITS EMPLOYEES.
B. THE INDEMNIFICATION OBLIGATION ASSUMED BY CONTRACTOR
SHALL INCLUDE ANY CLAIMS, SUITS OR JUDGMENTS BROUGHT
AGAINST RAILROAD UNDER THE FEDERAL EMPLOYER'S
LIABILITY ACT, INCLUDING CLAIMS FOR STRICT LIABILITY
UNDER THE SAFETY APPLIANCE ACT OR THE LOCOMOTIVE
INSPECTION ACT, WHENEVER SO CLAIMED.
C. Contractor further agrees, at its expense, in the name and on behalf of Railroad, that it will adjust and settle all claims made against Railroad, and will, at Railroad's discretion, appear and defend any suits or actions of law or in equity brought against Railroad on any claim or cause of action arising or growing out of or in any manner connected with any liability…
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