Rev. 10-8-96
PROTECTION OF RAILWAY INTEREST
107-R-042B
Conrail over US 24
Contract: ___________
1. AUTHORITY OF RAILROAD ENGINEER AND STATE ENGINEER:
The authorized representative of the Railroad company, hereinafter referred to as Railroad Engineer, shall have final authority in all matters affecting the safe maintenance of Railroad traffic of his Company including the adequacy of the foundations and structures supporting the Railroad tracks.
The authorized representative of the State, hereinafter referred to as the Engineer, shall have authority over all other matters as prescribed herein and in the Project Specifications.
2. NOTICE OF STARTING WORK:
A. The Contractor shall not commence any work on Railroad rights of way until he has complied with the following conditions:
1. Given the Railroad written notice, with copy to the Engineer who has been designated to be in charge of the work, at least fourteen days in advance of the date he proposes to begin work on Railroad rights of way. The notice shall include written procedures detailing the proposed work methods. The notice shall be sent to:
____________________________________________
____________________________________________
_____________________________________________
_____________________________________________
______________________________________________
2. Obtain written approval from the Railroad of Railroad Protective Insurance coverage as required by paragraph 10 herein.
B. The Contractor shall obtain from the Railroad the names, addresses, and telephone numbers of the Railroad's representatives who are to be notified as hereinafter required. Where more than one representative is designated, the area of responsibility of each representative shall be specified.
3. INTERFERENCE WITH RAILROAD OPERATIONS:
All reasonable care and diligence shall be used in the work in order to avoid accidents, damage to, unnecessary delay to, or interference with the trains and other property of the railroad company. Work shall be conducted in a manner satisfactory to the Railroad Engineer. It shall be performed in such a manner and at such time as not to unnecessarily interfere with the movements of trains or railroad traffic. Work shall be held open to inspection by railroad company inspectors at all times. All public utility, railroad, and other companies having occasion to do work on and in connection with the project shall be cooperated with. Unnecessary use of railroad property shall be avoided outside the limits of the structure without written permission of the railroad company.
Any work to be performed by the Contractor which requires flagging service or inspection service (watchman) shall be deferred by the Contractor until the flagging protection required by the Railroad is available at the job site.
4. TRACK CLEARANCES:
A. The minimum track clearances to be maintained by the Contractor during construction, unless otherwise shown on the Project plans, shall be:
Vertical: Twenty-two feet from top of highest rail.
Lateral: Thirteen feet (13'-0") from centerline of nearest tangent track, or fourteen feet from centerline of nearest curved track.
However, before undertaking any work within Railroad right of way, or before placing any obstruction over any track, the Contractor shall:
1. Notify the Railroad's representative at least 72 hours in advance of the work.
2. Receive assurance from the Railroad's representative that arrangements have been made for flagging service as may be necessary.
3. Receive permission from the Railroad's representative to proceed with the work.
4. Ascertain that the Engineer has received copies of notice to the Railroad and of the Railroad's response thereto.
5. CONSTRUCTION PROCEDURES:
A. General:
Construction work on Railroad property shall be:
1. Subject to the inspection and approval of the Railroad.
2. In accord with the Railroad's written outline of specific conditions.
3. In accord with these Special Provisions and the Standard Specifications.
B. Excavation:
The subgrade of an operated track shall be maintained with edge of berm at least 10'0" from centerline of track and not more than 24 inches below top of rail. The Contractor will not be required to make existing section meet this specification if substandard, in which case existing section will be maintained.
C. Excavation for Structures:
The Contractor will be required to take special precaution and care in connection with excavating and shoring pits, and in driving piles, for footings adjacent to tracks to provide adequate lateral support for the tracks and the loads which they carry, without disturbance of track alignment and surface, and to avoid obstructing track clearances with working equipment, tools or other material. The procedure for doing such work, including need of and plans for shoring, shall first be approved by the Railroad Engineer, but such approval shall not relieve the Contractor from liability. Before submission of plans to the Railroad Engineer for approval, such plans shall first be reviewed and approved by the State.
D. Protection From Falling Debris:
Whenever any operation may produce falling debris over Railroad property, including tracks and wires, the contractor shall submit plans to the Railroad Engineer, for review and approval, detailing the method of protection of the railroad track, wires and property from falling debris.
E. Blasting:
1. The Contractor shall obtain advance approval of the Railroad Engineer and the Engineer for use of explosive on or adjacent to Railroad property. If permission for use of explosives is granted, the Contractor will be required to comply with the following:
(a) Blasting shall be done with light charges under the direct supervision of a responsible officer or employee of the Contractor.
(b) Electric detonating fuses shall not be used because of the possibility of premature explosions resulting from operation of two-way train radios.
(c) No blasting shall be done without the presence of an authorized representative of the Railroad. At least 72 hours advance notice to the person designated in the Railroad's notice of authorization to proceed (see paragraph 2B above) will be required to arrange for the presence of an authorized Railroad representative and such flagging as the Railroad may require.
(d) Have at the job site adequate equipment, labor and materials and allow sufficient time to clean up debris resulting from the blasting without delay to trains, as well as correcting at his expense any track misalignment or other damage to Railroad property resulting from the blasting as directed by the Railway's authorized representative. If his actions result in delay of trains, the Contractor shall bear the entire cost thereof.
2. The Railroad representative will:
(a) Determine the approximate location of trains and advise the Contractor the approximate amount of time available for the blasting operation and clean-up.
(b) Have the authority to order discontinuance of blasting if, in his opinion, blasting is too hazardous or is not in accord with these special provisions.
F. Maintenance of Railroad Facilities:
1. The Contractor will be required to maintain all ditches and drainage structures free of silt or other obstructions which may result from his operations; to promptly repair eroded areas within Railroad rights of way and to repair any other damage to the property of the Railroad or its tenants.
2. All such maintenance and repair of damages due to the Contractor's operations shall be done at the Contractor's expense.
G. Storage of Materials and Equipment:
Materials and equipment shall not be stored where they will interfere with Railroad operations, nor on the rights of way of the Railroad company without first having obtained permission from the Railroad engineer, and such permission will be with the understanding that the Railroad Company will not be liable for damage to such material and equipment from any cause and that the Railroad Engineer may move or require the Contractor to move, at the Contractor's expense, such material and equipment.
All grading or construction machinery that is left parked near the track unattended by a watchman shall be effectively immobilized so that it cannot be moved by unauthorized persons. The Contractor shall protect, defend, indemnify and save Railroad, and any associated, controlled or affiliated corporation, harmless from and against all loss, costs, expenses, claim or liability for loss of or damage to property or the loss of life or personal injury, arising out of or incident to the Contractor's failure to immobilize grading or construction machinery.
H. Cleanup:
Upon completion of the work, the Contractor shall remove from within the limits of the Railroad rights of way, all machinery, equipment, surplus materials, falsework, rubbish or temporary buildings of the Contractor, and leave said rights of way in a neat condition satisfactory to the Chief Engineer of the Railroad or his authorized representative.
6. FLAGGING SERVICES:
A. When Required:
Under the terms of the agreement between the Department and the Railroad, the Railroad has sole authority to determine the need for flagging required to protect its operations. In general, the requirements of such services will be whenever the Contractor's men or equipment are, or are likely to be, working on the Railroad's right-of-way, or across, over, adjacent to, or under a track, or when such work has disturbed or is likely to disturb a railroad structure or the railroad roadbed or surface and alignment of any track to such extent that the movement of trains must be controlled by flagging. Normally, the Railroad will assign one flagman to a project; but in some cases, more than one may be necessary, such as yard limits where three (3) flagmen may be required. However, if the Contractor works within distances that violate instructions given by the Railroad's authorized representative or performs work that has not been scheduled with the Railroad's authorized representative, a flagman or flagmen may be required full time until the project has been completed.
B. Scheduling and Notification:
(1) Not later than the time that approval is initially requested to begin work on Railroad right-of-way, Contractor shall furnish to the Railroad and the Department a schedule for all work required to complete the portion of the project within Railroad right-of-way and arrange for a job site meeting between the Contractor, the Department, and the Railroad's authorized representative. Flagman or Flagmen may not be provided until the job site meeting has been conducted and the Contractor's work scheduled.
(2) The Contractor will be required to give the Railroad representative at least 10 working days of advance written notice of intent to begin work within Railroad right-of-way in accordance with this special provision. Once begun, when such work is then suspended at any time, or for any reason, the Contractor will be required to give the Railroad representative at least 3 working days of advance notice before resuming work on Railroad right-of-way. Such notices shall include sufficient details of the proposed work to enable the Railroad representative to determine if flagging will be required. If such notice is in writing, the Contractor shall furnish the Highway Engineer a copy; if notice is given verbally it shall be confirmed in writing with copy to the Highway Engineer. If flagging is required, no work shall be undertaken until the flagman, or flagmen is present at the job site. It may take up to 30 days to obtain flagging initially from the Railroad. When flagging begins, the flagman is usually assigned by the Railroad to work at the project site on a continual basis until no longer needed and cannot be called for on a spot basis. If flagging becomes unnecessary and is suspended, it may take up to 30 days to again obtain from the Railroad. Due to Railroad labor agreements, it is necessary to give 5 working days notice before flagging service may be discontinued and responsibility for payment stopped.
(3) If, after the flagman is assigned to the project site, emergencies arise which require the flagman's presence elsewhere, then the Contractor shall delay work on Railroad right-of-way until such time as the flagman is again available. Any additional costs resulting from such delay shall be borne by the Contractor and not the Department or Railroad.
C. Payment:
(1) The Department will reimburse the Railroad Company directly for all cost of flagging which is required on account of construction of the grade separation project, within Railroad Company's right-of-way, which is shown in the project plans, or which is covered by an approved plan revision, supplemental agreement or change order. Any flagging cost deemed to be caused by acts of omission, carelessness, or negligence or unnecessary delays by the contractor will also be borne by the Department but will be deducted from progress or final payment made to the contractor. However, this deduction will be made only after written notification has been given the contractor by the highway engineer that these flagging costs have been determined to be the contractor's responsibility. The contractor will be required to reimburse the Railroad Company for any flagging required on account of WORK FOR THE BENEFIT OF THE CONTRACTOR, (See Paragraph 7). This includes the flagging required solely for protection of a temporary crossing constructed for the benefit of the contractor.
(2) The cost of flagging service is approximately:
$_____________ per day based on an 8-hour work day and 40-hour work week. This cost includes the base pay for the flagman and labor additives.The flagman will be reimbursed for travel at the rate of $__________ per mile or actual taxi fare. Costs for meals and other accommodations will be actual cost.
The charge to the Department by the Railroad will be the actual cost based on the rate of pay for the Railroad's employees who are available for flagging service at the time the service is required. Work by a flagman in excess of 8 hours per day or 40 hours per week but not more than 12 hours a day will result in overtime pay at 12 times the appropriate rate. Work by a flagman in excess of 12 hours per day will result in overtime pay at 2 times the appropriate rate. If work is performed on a holiday, the flagging rate is 22 times the normal rate. Railroad work involved in preparing and handling bills will also be charged to the Department. Charges to the Department by the Railroad shall be in accordance with applicable provisions of 23 CFR Part 140, Subpart I,Subchapter B and 23 CFR, Part 646, Subpart B, of the Federal Aid Policy Guide issued by the Federal Highway Administration on December 9, 1991, including all current amendments. Flagging costs are subject to change. The above estimates of flagging cost are provided for information only and are not binding in any way.
D. Verification:
(1) The Contractor and Department will review and sign the Railroad flagman's time sheet, attesting that the flagman was present during the time recorded. Flagmen may be removed by Railroad if form is not signed. If flagman is removed, the Contractor will not be allowed to re-enter the Railroad right-of-way until the issue is resolved. Any complaints concerning flagman or flagmen must be resolved in a timely manner. If need for flagman or flagmen is questioned, please contact the below named person. All verbal complaints must be confirmed in writing by the Contractor within 5 working days with copy to the Highway Engineer. All written correspondence should be addressed to:
__________________________________________
_________________________________________
___________________________________________
____________________________________________
_____________________________________________
(2) The Railroad flagman assigned to the project will be responsible for notifying the Project Engineer upon arrival at the job site on the first day (or as soon thereafter as possible) that flagging services begin and on the last day that he performs such services for each separate period that services are provided. The Project Engineer will document such notification in the project records. When requested, the Project Engineer will also sign the flagman's diary showing daily time spent and activity at the project site.
7. WORK FOR THE BENEFIT OF THE CONTRACTOR:
A. All temporary or permanent changes in wire lines or other facilities which are considered necessary to the project are shown on the plans; included in the force account agreement between the State and the Railroad or will be covered by appropriate revisions to same which will initiated and approved by the State and/or the Railroad.
B. Should the Contractor desire any changes in addition to the above, then he shall make separate arrangements with the Railroad for same to be accomplished at the Contractor's expense.
8. COOPERATION AND DELAYS:
A. It shall be the Contractor's responsibility to arrange a schedule with the Railroad for accomplishing stage construction involving work by the Railroad or tenants of the Railroad. In arranging his schedule he shall ascertain, from the Railroad, the lead time required for assembling crews and materials and shall make due allowance therefor.
B. No charge or claims of the contractor against either the Department or the Railroad Company will be allowed for hindrance or delay on account of railway traffic; any work done by the Railway Company or other delay incident to or necessary for safe maintenance of railway traffic or for any delays due to compliance with these special provisions.
9. TRAINMAN'S WALKWAYS:
Along the outer side of each exterior track of multiple operated track, and on each side of single operated track, an unobstructed continuous space suitable for trainman's use in walking along trains, extending to a line not less than 10' from centerline of track, shall be maintained. Any temporary impediments to walkways and track drainage encroachments or obstructions allowed during work hours while Railway's protective service is provided shall be removed before the close of each work day. If there is any excavation near the walkway, a handrail, with 10'-0" minimum clearance from centerline of track, shall be placed.
10. INSURANCE:
A. The Contractor will be required to carry insurance in accordance with 103.04 of the Standard Specifications. Note: In the event this project is awarded to a "joint venture" all insurance, except workman's compensation, shall be carried in the name of the joint venture.
Evidence of insurance as required above shall be furnished to the address shown. The original policies, or certificates, shall be sent to the railroad for its' review. Copies of the transmittal letter and the policies or certificates shall be forwarded to the Department.
Department: Railroad: Indiana Dept. of Transportation ____________________________ Contracts Engineer - Rm. N855 ____________________________ Government Center North ____________________________ 100 N. Senate Avenue ____________________________ Indianapolis, IN 46204-2249 ____________________________
Trains will be operated at a maximum speed of ______ mph through the improvement. The number of trains through the improvement will be _____ freight trains daily and ______ passenger trains daily.
The named insured, description of the work and designation of the job site to be shown on the Policy are as follows:
(a) ______________________________________________________
(b) Description and Designation:
________________________________________________________________________________
_______________________________________________________________________________
(or) As Shown in the Advertisement
B. If any part of the work is sublet, similar insurance and evidence thereof in the same amounts as required of the Prime Contractor, shall be provided by or in behalf of the subcontractor to cover his operations. Endorsements to the Prime Contractor's policies specifically naming subcontractors and describing their operations will be acceptable for this purpose.
C. All insurance herein before specified shall be carried until all work required to be performed under the terms of the contract has been satisfactorily completed within the limits of the rights of way of the Railroad as evidenced by the formal acceptance by the Department. Insuring Companies may cancel insurance by permission of the Department and Railroad or on thirty (30) days written notice to the Railroad and copied to the Indiana Department of Transportation at the same addresses shown in Par. A above.
11. FAILURE TO COMPLY:
In the event the Contractor violates or fails to comply with any of the requirements of these Special Provisions:
A. The Railroad Engineer may require that the Contractor vacate Railroad property.
B. The Engineer may withhold all monies due the Contractor on monthly statements.
Any such orders shall remain in effect until the Contractor has remedied the situation to the satisfaction of the Railroad Engineer and the Engineer.
12. PAYMENT FOR COST OF COMPLIANCE:
No separate payment will be made for any extra cost incurred on account of compliance with these special provisions. All such cost shall be included in prices bid for other items of the work as specified in the payment items.