MRL Bridge work_Requirements.docx

EXHIBIT "C"

CONTRACTOR REQUIREMENTS

1.01 General

1.01.01 The Contractor (and all subcontractors, agents and invitees) for the State of Montana’s Department of Transportation “STATE” are required to cooperate with MONTANA RAIL LINK INC., hereinafter referred to as "Railway", where work is over or under, on or adjacent to Railway property and/or rightofway, hereafter referred to as "Railway Property", during the construction of STATE Project “The Project”: Rail Repair – Interstate 90 Eastbound, r.p. 309.59 AR Cost Center # 2223078 {4320}

1.01.02 Plan, schedule and conduct all work activities so as not to interfere with the movement of any trains on Railway Property.

1.01.03 The Contractor's right to enter Railway's Property is subject to the absolute right of Railway to cause the Contractor's work on Railway's Property to cease if, in the opinion of Railway, Contractor's activities create a hazard to Railway's Property, employees, and/or operations. Railway has the right to stop construction work on the Project if any of the following events take place: (i) Contractor (or any of its subcontractors) performs the Project work in a manner contrary to the plans and specifications approved by Railway; (ii) Contractor (or any of its subcontractors), in Railway’s opinion, prosecutes the Project work in a manner which is hazardous to Railway property, facilities or the safe and expeditious movement of railroad traffic; (iii) any of the insurances required by Railway are canceled during the course of the Project; or (iv) Contractor fails to pay Railway for licenses or permits from Railway outside the easement, license or permit areas obtained by STATE to do The Project. The work stoppage continues until all necessary actions are taken by Contractor or its subcontractor to rectify the situation to the satisfaction of Railway’s Chief Engineer, his designee (typically the Railway’s Director of Engineering) or until additional insurance has been delivered to and accepted by Railway. In the event of a breach of (i) this Agreement, (ii) the Temporary Construction License, or (iii) the Easement, Railway may immediately terminate any and all licenses or permits from Railway outside the easement, license or permit areas obtained by STATE to do The Project. Any such work stoppage under this provision does not give rise to any liability on the part of Railway. Railway’s right to stop the work is in addition to any other rights Railway may have including, but not limited to, actions or suits for damages or lost profits. In the event that Railway desires to stop construction work on the Project, Railway agrees to notify the following individual as soon as possible in writing:

Butte District Administrator 3751 Wynne Ave.

p./o. Box 3068 Butte, MT 59702-3068 Phone: (406) 494-9600 Fax: (406) 494-4396 Email: gliva@mt.gov

It is understood that written notification by Railway may be secondary to safeguarding Railway’s employees, Property, and equipment in the event of a hazardous or unsafe situation.

1.01.04 The Contractor is responsible for determining and complying with all Federal, State and Local Governmental laws and regulations, including, but not limited to, environmental, health and safety. The Contractor is responsible for and indemnify and save Railway harmless from all fines or penalties imposed or assessed by Federal, State and Local Governmental Agencies against the Railway which arise out of Contractor's work under this Agreement.

1.01.05 Notify , STATE's District Administrator at phone and Railway’s Director of Engineering Jim Bieber, by phone (406) 523-1550 or by email to jbieber@mtrail.com at least thirty (30) calendar days before commencing any work on Railway Property. When making the initial contact with the Railway, the Contractor must refer to and be prepared to discuss the overall project schedule for the Project; the proposed start of work on Railway’s property; the proposed start of required flagging; and other information pertinent to the Project.

1.01.06 Once the Project has commenced, submit schedules of required flagging needs to Railway’s local Roadmaster, local Assistant Roadmaster, and Director of Engineering and any persons designated by the STATE on a weekly basis. Submit schedules for the subsequent week’s flagging needs. Submit schedules electronically by email to the addresses provided by the Railway not later than 1400 hours (2 pm) every Thursday. The weekly schedule is needed for Railway’s work force utilization. Failure to submit a weekly flagging schedule may result in a Flagger not being assigned to the Project when needed by Contractor. Ensure the required flagging needs emails contains the following information each week: Dates of Schedule, Days of Week, Flagger Needed (Yes/No), Contractor Work Hours, Brief Work Description. An example of one day of such a schedule is as follows:

1.01.07 For any bridge demolition and/or falsework above any tracks or any excavations located with any part of the excavations located within, whichever is greater, twentyfive (25) feet of the nearest track or intersecting a slope from the plane of the top of rail on a 2 horizontal to 1 vertical slope beginning at eleven (11) feet from centerline of the nearest track, both measured perpendicular to center line of track, furnish the STATE and the STATE will furnish the Railway a pdf electronic file (with included working drawings to be legibly printable on 11”x17” paper) showing details of construction affecting Railway Property and tracks. Ensure the working drawings include the proposed method of installation and removal of falsework, shoring or cribbing, not included in the contract plans and ensure each of the sets of plans includes complete structural calculations of any demolition, falsework, shoring, or cribbing. For all excavation and shoring submittal plans, the current “BNSF-UPRR Guidelines for Temporary Shoring” (http://www.bnsf.com/in-the-community/pdf/bnsf-up-shoring-guide.pdf) must be used for determining design loading conditions to be used in shoring design, and all calculations and submittals must be in accordance with the current “BNSF-UPRR Guidelines for Temporary Shoring”. For all demolition and false work plans, the current “BNSF Guidelines for Preparation of Bridge Demolition & Removal Plan Over the BNSF Railway” (http://www.bnsf.com/in-the-community/pdf/bnsf-demolition-guideline.pdf) Sections I, II, III, IV and Appendixes must be followed. Ensure all submittal drawings and calculations are sealed by a currently registered Professional Engineer licensed in the State of Montana. Ensure all calculations take into consideration railroad surcharge loading and are designed to meet American Railway Engineering and MaintenanceofWay Association (previously known as American Railway Engineering Association)(AREMA) Coopers E80 live loading standard. The Railway will notify the STATE and Contractor of Railway’s comments, and Railway will advise the STATE and Contractor at the time when the Railway has no objections to submittals. Contractor may not begin work covered under submittals provided in accordance with this section until Railway has provided, in writing, a statement of no objections. 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. The Contractor is in no way to be relieved of responsibility for results obtained by the implementation of said plans. Railway has 30 calendar days to review each submittal and provide comments.

Track Elevation Baseline:

The STATE or its Contractor, under the supervision of a Montana licensed land surveyor, must survey and record the RAILROAD engineering stations, northing and easting of surveyed points, and baseline elevations of each rail of the two existing railroad tracks at 10-foot intervals for 100 feet along the tracks on both sides of the centerline of the new overpass structure prior to any construction activities. Tie the elevations into the project control network and a plat, sealed by the licensed land surveyor, provide the survey to RAILROAD. Also, the STATE or its Contractor must monitor the rail grades in the vicinity of the overpass structure during Project construction and report any changes in rail grades to the RAILROAD’s Public Works Engineer and Roadmaster.

1.01.08 Subject to the movement of Railway's trains, Railway will cooperate with the Contractor such that the work may be handled and performed in an efficient manner. The Contractor has no claim whatsoever for any type of damages or for extra or additional compensation in the event Project work is delayed by the Railway.

1.02 Contractor Safety Orientation

1.02.01 Railway will notify Contractor in writing, not later than the date of the railroad preconstruction conference, if the employees of the Contractor, its subcontractors, agents or invitees are not allowed to enter Railway Property without first having completed Railway’s Contractor Safety Orientation, found on the web site http://www.bnsfcontractor.com/. Ensure that all employees, subcontractors, agents, or invitees have received Railway’s Contractor Safety Orientation through internet sessions conducted by the or through the Contractor before any work is performed on the Project. Ensure that all employees, subcontractors, agents, or invitees have verification that they have completed the Safety Orientation and that every employee of the Contractor, its subcontractors, agents, or invitees have a card, in his or her possession, that is properly signed and dated certifying that they have received the Safety Orientation before entering Railway Property. The Contractor is responsible to pay the cost of the Safety Orientation. It is required that the Safety Orientation be renewed annually. Further clarification can be found on the web site or from the Railway’s Public Works Engineer.

1.03 Railway Requirements

1.03.01 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 will repair or replace any damage to Railway facilities resulting from Contractor's operations, and the cost of such repairs or replacement is paid for by the Contractor. Notify Railway’s Public Works Engineer as listed in Section 1.01.05, at least two weeks prior to the anticipated substantial completion of the Project to arrange for a site inspection at a mutually agreeable date and time for Railway, Contractor and STATE.

1.03.02 Notify the Railway's Director of Engineering in writing, by email at: jbieber@mtrail.com, (and if no response is received within one (1) business day, call (406) 493-4446) to provide blasting plans to the Railway for review and approval at least seven (7) calendar days prior to conducting any blasting operations adjacent to or on Railway's Property.

1.03.03 Abide by the following temporary clearances during construction:

15'0" Horizontally from center line of nearest track.

22'6" Vertically above top of rail (temporary falsework clearance may be reduced to 21'6" Subject to specific 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

1.03.04 Upon completion of the project, ensure the following clearances have been maintained:

1.03.05 Submit any infringement within State statutory clearances due to the Contractor's operations to the Montana Department of Transportation and to the Railway and do not undertake until approved in writing by the Railway, and until the Montana Department of Transportation has obtained any necessary authorization from the State Regulatory Authority for the infringement. No extra compensation is allowed in the event the Contractor's work is delayed pending Railway approval, and/or the State Regulatory Authority's approval.

1.03.06 In the case of impaired vertical clearance above top of rail, Railway has the option of installing telltales or other protective devices Railway deems necessary for protection of Railway operations. The cost of telltales or protective devices will be borne by the STATE.

1.03.07 Submit the details of construction affecting the Railway's Property and tracks not included in the contract plans to the Railway by the Montana Department of Transportation or Contractor and accompanied by comments made by STATE for approval before work is undertaken and this work is not to be undertaken until approved by the Railway.

1.03.08 Contractor may utilize Railway’s Property outside of established agreement areas (e.g., easement, license, and permit) between Railway and STATE only by prior agreement with Railway and the payment of all fees and costs associated with making and keeping in force said agreements.

1.03.08a The STATE has not provided for staging areas, storage areas, access routes, temporary track grade crossings, or other Contractor uses of Railway’s property outside of those shown within established agreement areas on the Project plans.

1.03.08b Railway will regularly monitor Contractor’s use of Railway’s Property and Contractor’s uses outside the scope of agreements or without agreements may cause cancellation of any agreements existing between Railway and Contractor or may cause fencing or other barriers to be placed at Railway’s sole discretion to prevent further misuse. Contractor uses of Railway’s property without agreements covering such uses are considered trespassing and are dealt with accordingly.

1.03.08c Contractor is advised to: (1) understand the extents of the established public easements, established licenses to construct and maintain highway facilities, and established Project construction permits as these areas may relate to their desired staging areas; storage areas; and access routes, and (2) determine costs of any staging areas, storage areas, access routes, temporary track grade crossings, or other Contractor uses of Railway’s property outside of established agreements between Railway and STATE prior to submitting bids for the Project.

1.03.08d Contractor may contact Railway’s Real Estate Department at 406-523-1374 to obtain Railway’s current rates for land uses such as access routes and storage areas.

1.03.08f Staging or storage areas require execution of a land lease on Railway’s standard form. Staging and storage areas will be staked out by Railway personnel. Fences at Contractor’s sole cost may be required between any staging or storage area and tracks. These areas are located a minimum of 25 feet from the nearest track.

1.03.08g The Contractor and Railway must mutually agree upon the locations of all uses (e.g., temporary track grade crossings) of Railway Property not included in established agreements.

1.03.08h At other than public road crossings, do not move any equipment or materials across Railway's tracks until permission has been obtained from the Railway. Obtain an agreement from the Railway prior to moving Contractor’s equipment or materials across the Railway's tracks outside of public crossings.

1.03.08i Restore all temporary uses of Railway’s Property upon Project completion.

1.03.09 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) 8325452, of any discharge, release, or spills in excess of a reportable quantity. Do 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 state analogue.

1.03.10 Upon completion of the work covered by this contract, 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 ensure Railway's Property to be left in a condition acceptable to the Railway's representative.

1.04 Contractor Roadway Worker on Track Safety Program and Safety Action Plan

1.04.01 Railway will notify Contractor in writing, not later than the date of the railroad preconstruction conference, if each Contractor performing 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 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 on the web site http://www.bnsfcontractor.com/, and make available to Railway prior to commencement of any work on Railway Property. During the performance of work, the Contractor is required to audit its compliance with the Safety Action Plan. Designate an onsite Project Supervisor who serves as the contact person for the Railway and who maintains a copy of the Safety Action Plan and subsequent audits at the job site for inspection and review by the Railway at any time during the course of the project. Below is a partial list of what should be contained in the Safety Action Plan, a complete list can be found on the web site. (NOTE – Should there be a discrepancy between the information contained on the web site and the list below, the web site governs.);

Contractors Employee Safety All employees working on Railway property have completed Railway’s annual Safety Orientation Program through the internet (Sec 1.02.01) Job Briefings (Sec1.06.01 & 1.06.02) Personal Protective Equipment (Sec 1.06.08) Protection of Railway Facilities and Railway Flagger Services (Sec 1.03.05 & 1.05) All employees working on Railway property, and within 25 feet from centerline of track, have completed annual Roadway Worker Protection/On Track Safety Training(Secs 1.04.01 and 1.06.03) Work After Hours (Sec 1.06.04)

Contractor Employee Training Personal Injury Reporting (Sec 1.09) Accident Investigation and Analysis

High Risk Work Areas/Situations Notification of Damage to Railway property or hazards that could affect the safe operation of trains (Sec 1.06.06) Shoring/Shoring affecting the integrity of tracks (Sec 1.01.06) Clearances affecting the integrity of train operations (Sec 1.03.03) Moving Equipment and Materials across Railway's tracks (Sec 1.03.07) Security of Machines, Equipment and Vehicles (Sec 1.06.10) Power line Safety (Sec 1.06.12) Excavation Safety (Sec 1.07)

High Risk Employees Alcohol and Drug Use (Sec 1.06.05) Firearms or Deadly Weapons (Sec 1.06.07)

Property Damage, Housekeeping and Cleanup (Sec 1.03.01 & 1.03.09) Storage of Materials (Sec 1.06.09) Facility Auditing

Compliance with Laws (Sec 1.01.04)

Hazardous Substances and Materials Discharges, Releases and Spills (Sec 1.03.08) Hazardous Materials encountered in excavations (Sec 1.08)

1.05 Protection of Railway Facilities and Railway Flagger Services:

1.05.01 To initially commence flagging and/or to resume flagging after an extended period of non-use of flagging, give a minimum of thirty (30) calendar days’ notice to Railway’s Director of Engineering Jim Bieber, at jbieber@mtrail.com in advance of when flagging services are required in order to bulletin the Flagger position per Railway’s labor agreement requirements. If flagging services are scheduled in advance by the Contractor, and it is subsequently determined by the parties hereto that Flagger services are no longer necessary, provide a minimum of five (5) business days’ notice in writing to the Public Works Engineer and Roadmaster per Section 1.01.06 to abolish the position per Railway’s labor agreements.

1.05.02 Railway Flagger and protective services and devices are required and furnished when Contractor's work activities are located over or under and within twentyfive (25) feet measured horizontally from center line of the nearest track and when cranes or similar equipment positioned outside of 25foot horizontally from track center line that could foul the track in the event of tip over or other catastrophic occurrence, but not limited thereto for the following conditions:

1.05.02a When in the opinion of the Railway's Flagger, Roadmaster, , or Director of Engineering, it is necessary to safeguard Railway's Property; employees; trains; engines; and facilities, or when other conditions warrant.

1.05.02b When any excavation is performed below the bottom of tie elevation, if, in the opinion of Railway's Flagger, Roadmaster, or Public Works Engineer, track or other Railway facilities may be subject to movement or settlement.

1.05.02c When work in any way interferes with the safe operation of trains at timetable speeds.

1.05.02d 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.

1.05.02e Special permission must be obtained from the Railway before moving heavy or cumbersome objects or equipment which might result in making the track impassable.

1.05.03 Flagging services are performed by a qualified Railway Flagger. The sole and exclusive function of the Flagger is to protect Railway’s operations from interference by, and adverse effects from, the Contractor’s activities on railroad right of way. Performance of this function includes, but is not limited to: (1) setting any required protective devices and making all necessary communications with Railway’s operating groups prior to Contractor’s work start time, (2) a required Job Briefing with the Contractor’s on-site crew boss each day prior to work commencement, (3) providing the Contractor with advance notice of approach of railroad owned and/or operated trains or other “on-track” equipment, and (4) removing required protective devices and making necessary communications with Railway’s operating groups after Contractor work has ceased. Upon notice of approach, Contractor employees must immediately cease work within 25 feet of tracks and/or place cranes which are in positions to foul tracks in the event of a tip over into safe configurations and move to the places designated in the morning Job Briefing. Railroad flagging personnel do not have the authority to modify or change the contract plan or specifications. Obey any Flagger safety instructions immediately and without question. Failure to comply may result in Project shut down until the situation can be resolved to Railway’s sole satisfaction and/or additional consequences for the Contractor. Direct questions or requests for modifications, changes, or interpretations of the contract plans and/or specifications, which require railroad approval, to the railroad’s Public Works Engineer as listed in Section 1.01.06.

1.05.04 The cost of Flagger services provided by the Railway will be borne by the STATE. The base cost per hour for one (1) Flagger is $50.50 which includes vacation allowance, paid holidays, Railway and Unemployment: Insurance, Public Liability and Property Damage Insurance, health and welfare benefits, transportation, meals, lodging and supervision for an eight (8)-hour basic day with time and onehalf or double time for non-standard start work times, overtime, rest days and holidays. Per diem at the current rates may be charged if paid to Flagger by Railway’s labor agreements. In addition, there will be an estimated $30.00 per hour charge for vehicle rental, or mileage, from headquarters to set protective devices, while at Project site, remove protective devices, then return to headquarters. This rate is for the classification of Section man and is shown solely for the prospective bidder's information, and there is no guarantee that this class of labor will actually be used or that the rates of pay shown in column will be those in effect at the time the work is undertaken. These rates are subject to any increases which may result from Railway EmployeesRailway Management negotiations or which may be authorized by Federal authorities. The flagging rates in effect at the time of performance by the Contractor hereinunder are used to calculate the actual costs of flagging pursuant to this Section 1.05.

1.05.05a A flagging crew generally consists of one (1) employee. However, additional personnel may need to be assigned as a flagging crew at Railway’s sole discretion. Additional personnel including, but not limited to, Communications Technicians and/or Signalmen, used to protect communications and signal facilities, may be required to protect Railway Property and operations, if deemed necessary by a Railway Supervisor.

1.05.05b Each time a Flagger is called, the minimum period for billing is the eight (8)-hour basic day, provided the Contractor has been working 8-hour days during the week. However, two exceptions may raise the minimum billing period: (1) if overtime, as provided for in Railway’s labor agreement, was performed on a day, the minimum billing period includes the overtime plus the minimum 8-hour day, and (2) if the typical work schedule for the Contractor has been 10-hour days, the minimum billing period is the 10-hour day, plus any overtime performed that day.

1.05.05c The average train traffic per 24hour period on this route is freight trains at a timetable speed of MPH and passenger trains at a timetable speed of MPH and switch engine movements.

1.06 Contractor General Safety Requirements

1.06.01 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. Ensure all work performed by Contractors within 25 feet of center line of any track is in compliance with Federal Railroad Administration Roadway Worker Protection Regulations.

1.06.02 Before beginning any task on Railway Property, conduct a thorough job safety briefing with all personnel involved with the task and repeated when the personnel or task changes.

If the task is within 25 feet of center line of any track, the job briefing must include the Railway's Flagger and include the procedures the Contractor plans to use to protect its employees, subcontractors, agents or invites from moving any equipment adjacent to or across any Railway track(s).1.06.03 Ensure workers do not work within 25 feet of the center line of any track without proper track protection (e.g., a Flagger) provided by the Railway, unless the track is protected by track bulletin and work has been authorized by the Railway. If track protection is provided, every Contractor employee must know: (1) who the Railway Flagger is and how to contact the Flagger, (2) limits of the track protection, (3) the method of communication to stop and resume work, and (4) entry into track protection limits when designated. People or equipment entering track protection limits who were not previously job briefed must notify the Flagger immediately and be given a job briefing if working within 25 feet of center line of track.

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

1.06.05 Remove any Contractor employee, its subcontractor’s employees, agents, or invitees under suspicion of being under the influence of drugs or alcohol, or in the possession of same, from the Railway's Property and subsequently released to the custody of a representative of Contractor management. Future access to the Railway's Property by that person is denied.

1.06.06 Immediately report any damage to Railway Property, or any hazard that is noticed on passing trains, to the Railway's Flagger if present at the Project site or to Railway’s Emergency Hotline at 1-800-498-4838. Report any vehicle or machine which may come in contact with a track, signal equipment, or structure (bridge) and could result in a train derailment by the quickest means possible to the Railway Flagger if present at Project site or to the Railway's Emergency Hotline at 1-800-498-4838. Local emergency numbers are to be obtained from the Railway’s Public Works Engineer prior to the start of any work and must be posted at the job site.

1.06.07 For safety reasons, all persons are prohibited from having pocket knives with blades in excess of three (3) inches in length, firearms, unauthorized explosives, or other deadly weapons in their possession while working on Railway Property. Possession of such items may result in permanent expulsion from Railway Property.

1.06.08 Ensure all personnel protective equipment used on Railway Property meets applicable OSHA and ANSI specifications. Current Railway personnel protective equipment requirements are listed on the web site, http://www.bnsfcontractor.com/. However, a partial list of the requirements include; a) safety glasses: permanently affixed side shields (no yellow lenses), b) hard hats (with high visibility retroreflective tape recommended), c) safety shoes with: hardened toe, abovetheankle laceup and a defined heel, and d), high visibility retroreflective outer layer 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 website and the information in this paragraph, the website governs.)

1.06.09 Do not pile or store any materials, machinery, or equipment closer than 25'0" to the center line of the nearest Railway track. Do not store or temporarily leave materials, machinery, or equipment within 250 feet of any roadway/rail grade crossing where storage of the same obstructs the view of a train approaching the crossing.

1.06.10 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.

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

All power line wires must be considered dangerous and of high voltage unless Contractor has been informed to the contrary by proper authority. Ensure the minimum clearance between the lines and any part of the equipment or load is as follows; 200 KV or below 15 feet; 200 to 350 KV 20 feet; 350 to 500 KV 25 feet; 500 to 750 KV 35 feet; 750 to 1000 KV 45 feet. If capacity of the line is not known, minimum clearance of 45 feet must be maintained. Designate a person 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.

1.07 Excavation

1.07.01 Before excavating, it must be ascertained by the Contractor if there are any underground pipe lines, electric wires, or cables, including fiber optic cable systems, that either cross or run parallel with the track which are located within the Project's work area. The Contractor must determine whether excavation on Railway's Property could result in damage to buried cables resulting in delay to Railway traffic, including disruption of service to users resulting in business interruptions involving loss of revenue and profits. A minimum of three business days before any excavation commences, the Contractor must contact the Railway's Signal Supervisor and Roadmaster and advise them of the upcoming excavation and allow them to arrange for any signal and communications lines to be located by Railway’s personnel. Railway is not a party to One-Call Locates. All underground and overhead wires must be considered HIGH VOLTAGE and dangerous until verified with the company having ownership of the line. It is also 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.

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

1.07.03 Conduct all excavations in compliance with applicable OSHA regulations, and, regardless of depth, shore areas where there is any danger to tracks, structures or personnel.

1.07.04 Any excavations, holes or trenches on 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, all areas must be secured and left in a condition that ensures 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.

1.08 Hazardous Waste, Substances and Material Reporting

1.08.01 If Contractor discovers any hazardous waste, hazardous substance, petroleum, or other deleterious material, including but not limited to any noncontainerized 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, immediately: (a) notify the Railway's Resource Operations Center at 1(800) 8325452, 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 measures to minimize the impact of such release.

1.09 Personal Injury Reporting

1.09.01 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 voice mail if unable to contact in person) to the Railway's Flagger if present or to the Railroad’s Emergency Hotline at 1-800-498-4838. The NonEmployee Personal Injury Data Collection Form contained herein is to be completed and sent by Fax to the Railway at (406) 5231529 and a copy given to the Railway's Flagger no later than the close of shift on the date of the injury.

NONEMPLOYEE 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-MRL location)

5. Social Security #

6. Name (last, first, mi)

7. Address: Street: City:

State Zip: ____

8. Date of Birth: and/or Age (if available)

Gender:

9. (a) Injury: (b) Body Part: [i.e. (a) Laceration (b) Hand]

11. Description of Accident (to include location, action, result, etc.):

12. Treatment:

g First Aid Only g Required Medical Treatment g Other Medical Treatment____________________________________________________________________

13. Dr. Name 30. Date:

14. Dr. Address:

Street: City: St: Zip:

15. Hospital Name:

16. Hospital Address:

Street: City: St: Zip:

17. Diagnosis: ______

FAX TO

RAILWAY AT (406) 5231529

AND COPY TO

RAILWAY REPRESENTATIVE

MONTANA RAIL LINK AND BNSF RAILWAY COMPANY INSURANCE REQUIREMENTS

Indemnify, defend and hold harmless Montana Rail Link (MRL), BNSF Railway Company (BNSF) and any other railroad company, occupying or using the Railroad’s right-of-way, or line of railroad, against all loss, liability and damage, including attorney’s fees, arising from activities of the contractor, its forces or any of its subcontractors or agents.

MRL and BNSF are each to be provided with separate and individual Commercial General Liability insurance policies as identified in subparagraph A. below. MRL is to be provided with a Railroad Protective Liability insurance policy as identified in subparagraph D. below. Carry insurance of the kinds and amounts hereinafter specified.

A. Commercial General Liability insurance. This insurance must contain broad form contractual liability with a combined single limit of a minimum of $2,000,000 each occurrence and an aggregate limit of at least $6,000,000. Coverage must be purchased on a post 2004 ISO occurrence form or equivalent and include coverage for, but not limited to the following:

Bodily Injury and Property Damage Personal Injury and Advertising Injury Fire legal liability Products and completed operations

This policy must also contain the following endorsements, which must be indicated on the certificate of insurance:

It is agreed that any workers’ compensation exclusion does not apply to MRL or BNSF payments related to the Federal Employers Liability Act or a MRL or BNSF Wage Continuation Program or similar programs and any payments made are deemed not to be either payments made or obligations assumed under any Workers Compensation, disability benefits, or unemployment compensation law or similar law.

The definition of insured contract must be amended to remove any exclusion or other limitation for any work being done within 50 feet of railroad property.

No other endorsements limiting coverage with respect to obligations may be included on the policy.

B. Business Automobile Insurance. This insurance must contain a combined single limit of at least $1,000,000 per occurrence, and include coverage for, but not limited to the following:

Bodily injury and property damage Any and all vehicles owned, used or hired

C. Worker’s Compensation and Employer’s Liability insurance including coverage for, but not limited to:

Contractor’s statutory liability under the worker’s compensation laws of the state(s) in which the work is to be performed. If optional under State law, the insurance must cover all employees anyway.

Employers’ Liability (Part B) with limits of at least $500,000 each accident, $500,000 by disease policy limit, $500,000 by disease each employee.

Certificate of Insurance must be provided to MRL prior to commencement of the work.

D. Insurance required in Subsection 107.13.2 of the Standard Specifications must have the following requirements: Railroad Protective Liability insurance naming MRL as the Insured with coverage of at least $2,000,000 per occurrence and $6,000,000 in the aggregate. The policy must be issued on a standard ISO form CG 00 35 12 04 and include the following:

Endorsed to include the Pollution Exclusion Amendment as shown in exhibit “D” found elsewhere in these special provisions (ISO form CG 28 31 12 04).

Endorsed to include the Limited Seepage and Pollution Endorsement as shown in exhibit “D” found elsewhere in these special provisions.

Endorsed to remove any exclusion for punitive damages.

No other endorsements restricting coverage may be added.

Be written to provide coverage for all physical and structural assets of Railroad (including, but not limited to, bridges, trestles, tunnels, tracks, overpasses, underpasses, roadbed, and crossings.

The original policy must be provided to MRL and BNSF prior to performing any work.

Other Requirements:

Contractor agrees to waive its right of recovery against MRL for all claims and suits against MRL. In addition, its insurers, through the terms of the policy or policy endorsement, waive their right of subrogation against MRL for all claims and suits. The certificate of insurance must reflect the waiver of subrogation endorsement. Contractor further waives its right of recovery, and its insurers also waive their right of subrogation against MRL for loss of its owned or leased property or property under Contractor’s care, custody or control.

Contractor’s insurance policies through policy endorsement, shall include wording which states that the policy is primary and non-contributing with respect to any insurance carried by RAILROAD. The certificate of insurance must reflect that the above wording is included in all applicable policies described herein.

Prior to commencing the Work, Contractor shall furnish to MRL an acceptable certificate(s) of insurance including an original signature of the authorized representative evidencing the required coverage, endorsements, and amendments and referencing the contract audit/folder number if available. The policy(ies) shall contain a provision that obligates the insurance company(ies) issuing such policy(ies) to notify MRL in writing at least 30 days prior to any cancellation, non-renewal, substitution or material alteration. This cancellation provision shall be indicated on the certificate of insurance. In the event of a claim or lawsuit involving MRL arising out of this agreement, Contractor will make available any required policy covering such claim or lawsuit.

Any insurance policy shall be written by a reputable insurance company acceptable to MRL or with a current Best’s Guide Rating of A- and Class VII or better, and authorized to do business in the state(s) in which the service is to be provide.

Contractor represents that this Special Provision has been thoroughly reviewed by Contractor’s insurance agent(s)/broker(s), who have been instructed by Contractor to procure the insurance coverage required by this Special Provision. Allocated Loss Expense shall be in addition to all policy limits for coverages referenced above.

Acceptance of a certificate that does not comply with this section shall not operate as a waiver of Contractor's obligations hereunder.

The fact that insurance (including, without limitation, self-insurance) is obtained by Contractor shall not be deemed to release or diminish the liability of Contractor including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by Railroad shall not be limited by the amount of the required insurance coverage.

ALL required Certificates of insurance must be provide and approved by MRL before work begins and must remain in full force until all work is complete.

The estimated cost of work located within 50 feet (15 meters) of the railroad track (to base MRL and BNSF insurance policies on) is $9,800.00

LIMITED SEEPAGE, POLLUTION AND

CONTAMINATION COVERAGE ENDORSEMENT

In consideration of the premium charged it is understood and agreed that this Policy shall apply to the liability of the Insured resulting from seepage and/or pollution and/or contamination caused solely by:

a) unintended fire, lightning or explosion: or

b) a collision or overturning of a road vehicle: or

c) a collision or overturning or derailment of a train.

It is agreed that the coverage provided by this Endorsement shall not apply to and excludes:

loss of, damage to or loss of use of property directly or indirectly resulting from sub-surface operations of the Insured, and/or removal of, loss of or damage to sub-surface oil, gas or any other substance; [This exclusion does not apply to tunnels for this item.] any site or location used in whole or in part for the handling, processing, treatment, storage, disposal or dumping of any waste materials or substances;

the cost of evaluating and/or monitoring and/or controlling seeping and/or polluting and/or contaminating substances;

the cost of removing and/or nullifying and/or cleaning up seeping and/or polluting and /or contaminating substances on property at any time owned and/or leased and/or rented by the insured and/or under the control of the Insured.

OTHER TERMS

All other terms of your policy remain the same.

Name of Insured Policy Number: Effective Date:

Processing Date: Expiration Date:

EXHIBIT “D”

NOTICE OF CHANGE ENDORSEMENT

This endorsement modifies insurance provided under the following:

RAILROAD PROTECTIVE LIABILITY COVERAGE PART

A. The Change Condition is replaced by the following:

4. Changes

This policy contains all the agreements between you and us concerning the insurance afforded. You are authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy, and by mailing or delivering to you, the "Contractor" and any involved governmental authority or other contracting party designated in the Declarations, at the respective mailing addresses last known to us, written notice of change at least 60 days before the effective date of change.

Name of Insured Policy Number: Effective Date:

Processing Date: Expiration Date:

Counter Signature

COMMERCIAL GENERAL LIABILITY

CG 28 31 10 93

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY

POLLUTION EXCLUSION ENDORSEMENT

This endorsement modifies insurance provided under the following:

RAILROAD PROTECTIVE LIABILITY COVERAGE PART

Paragraph (a) of exclusion f.(3) of COVERAGE A – BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section 1 – Coverages) is replaced by the follows:

This insurance does not apply to:

f. “Bodily injury” or “property damage’ arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of pollutants at or from the “job location” :

(3) On which you or “contractors” working directly or indirectly on any insured’s behalf are performing operations:

(a) If the pollutants, other than fuels or lubricants for equipment used at the "job location" are brought on or to the “job location” in connection with such operations by such insured, contractor or subcontractor; or

Name of Insured Policy Number: Effective Date:

Processing Date: Expiration Date:

MRL Train Delay Provisions

All contracts between the STATE and its contractor, for the construction provided for within the RAILROAD’s right-of-way, shall include language that specifies the contractor is responsible to RAILROAD, including any of its affiliate RAILROAD companies, and its tenants for all damages for any unscheduled delay to any and all freight or passenger trains that is caused by the contractor’s negligence, failure to comply with its requirements under this agreement, failure to properly coordinate its work with the RAILROAD or any cause not attributable to the RAILROAD, but arising from the contractor’s activities that affect RAILROAD’s ability to fully utilize its equipment and to meet customer service obligations. Contractor will be billed, as further provided below, for the economic losses arising from loss of use of equipment and train service employees, contractual loss of incentive pay and bonuses, and contractual penalties resulting from train delays, caused by the Contractor, or its subcontractors performing work under the project identified herein. It is understood and agreed that this section includes any RAILROAD expenses for delays arising from RAILROAD work necessitated by acts, omissions or negligence of the contractor or subcontractors.

For loss of use, contractor will be billed the current freight train hour rate per train as determined from RAILROAD’s record. Any disruption to train traffic may cause delays to multiple trains at the same time for the same period.

In addition to the above damages, passenger, U.S. mail trains, and certain other grain, intermodal, coal, special and freight trains operate under incentive/penalty contracts between RAILROAD and its customers. Under these arrangements, if RAILROAD does not meet its contract service commitment, RAILROAD may suffer loss of performance or incentive pay or be subject to a penalty payment. Contractor shall be responsible for any train performance and incentive penalties or other contractual economic losses actually incurred by RAILROAD which are attributable to a train delay caused by or related to this project.

The contractual relationship between RAILROAD and its customers is proprietary and confidential. In the event of a train delay covered by this agreement, RAILROAD will share information relevant to any train delay to the maximum extent consistent with RAILROAD confidentiality obligations. Damages for train delay for certain trains could be as high as $50,000.00 per incident.

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