Common use of Construction Requirements Clause in Contracts

Construction Requirements. The Contractor shall comply with the rules and regulations of the Railroad or the instructions of its representatives in relation to the proper manner of protecting the tracks and property of the Railroad and the traffic moving on such tracks, as well as the wires, signals, and other property of the Railroad, its tenants, or licensees, at and in the vicinity of the Work during the period of construction. All construction Work within the Railroad ROW and/or properties shall be performed during daylight hours unless authorized otherwise by the Railroad. The Contractor shall coordinate with the Railroad prior to beginning any construction on or adjacent to the Railroad ROW. The Contractor shall schedule and hold a Railroad pre- construction conference. Working windows for demolition and construction shall be coordinated with the Railroad and Railroad flaggers. The Contractor shall provide written notification to the Railroad at least 30 Days in advance of the date on which the Contractor expects to begin Work on Railroad properties. All notices and correspondence with the Railroad shall contain the Project number and location. Copies of such agreements, notices, and correspondence shall also be submitted to CDOT. The Contractor shall obtain Railroad agreement in writing, in advance, on methods and procedures covering all Work on the Railroad’s property. Upon completion of the Work, the Contractor shall remove from the premises of the Railroad ROW all Equipment, surplus Material, and debris, leaving such premises in a neat condition satisfactory to the Railroad. If the Contractor employed upon the Railroad’s property performs the Work thereon contrary to the Railroad-approved plans, specifications, and requirements of the Contract Documents, or if the Contractor performs the Work on the Railroad’s property in a manner deemed hazardous by the Railroad (to its property and facilities or the safe and expeditious movement of its traffic), the Railroad will have the right to stop the Work on the Railroad’s property until the acts or omissions of the Contractor have been fully rectified to the satisfaction of the Railroad. The Contractor shall be responsible to the Railroad and its tenants for all damages for delays that may be sustained by the Railroad, its tenants, their employees, or freight in their care caused by any interference that could have been avoided by proper handling of the Project Work. All of the limitations and obligations imposed upon the Contractor by this Section shall apply with equal force and effect to any Subcontractor performing any Project Work for the Contractor upon the Railroad’s ROW. The Contractor shall be primarily liable and responsible to the Railroad for all acts or omissions of any Subcontractor employed upon the Railroad’s ROW. Nothing herein contained shall be construed to preclude the Railroad from proceeding against the Contractor and Subcontractors individually or collectively. The Contractor shall perform its Work in such manner and at such times as shall not to endanger or interfere with the safe operation of the tracks and property of the Railroad and the traffic moving on such tracks, as well as wires, signals, and other property of the Railroad, its tenants or licensees, at or in the vicinity of the Work. The Contractor shall not pile or store any Materials, tools, or park any Equipment, when not in use, closer to the center of nearest railroad track than permitted by the following clearances:

Construction Requirements. Railroad Requirements n.1. The Contractor’s work on the Railroad’s property shall be performed in accordance with these Railroad Requirements and per plans and specifications prepared by the County and approved as shown in Exhibit A. n.2. The Contractor shall supply adequate equipment, labor and materials to perform the proposed work at the job site. n.3. The Contractor shall take special precaution and care to prevent any debris or material from fouling the tracks that will interfere with safe operations of the Railroad. The safe operation of the Railroad shall take precedence over all work and nothing shall be done by the Contractor that will endanger the Railroad’s operations. The Contractor shall protect the Railroad’s property from any damage resulting from the Contractor’s acts or omissions during the Project. n.4. The Contractor shall notify the Railroad anytime work is being done adjacent to then-existing railroad tracks and shall take extreme care to not damage them. Contractor shall bear full responsibility of damages to the tracks and pay all costs associated with performing the repairs to bring the railroad track back to its original condition. n.5. If the work to be done by the Contractor is deemed by the Railroad Engineer to affect the safety the railroad facilities, the Contractor shall submit to the Railroad for review and approval detailed plans, specifications, and work methodology prior to start of the work. Railroad reserves the right to perform the work on the railroad facilities to make the necessary adjustments to the railroad facilities for the Contractor to perform his work. The n.6. Before performing any excavation, demolition, blasting, lifting of structural members or construction of falsework on or over Railroad’s property or adjacent to the Railroad’s property that may interfere with the safe operation of trains, the Contractor shall submit its excavation, shoring, demolition, blasting, lifting of structural members and falsework plans and relevant procedures to the Engineer and to the Railroad Engineer for review and approval. These plans and procedures shall be signed and sealed by a Professional Engineer licensed in the State of Texas. However, such approval shall not relieve the Contractor from any liability relating to this Project. n.7. During the course of the Project, the Contractor shall submit any proposed changes to the approved plans and procedures to the Engineer for review and to the Railroad Engineer for review and approval. Any clearing and grubbing to increase the sight distance for safer construction operation, or erection of temporary structures within the Railroad property shall not be done prior to the approval of the Railroad. The Railroad Engineer shall make a decision within 30 days. Should the Railroad Engineer deny the plans and require a resubmittal, the Railroad Engineer shall provide approval or denial and requirement for resubmittal within 30 days after receipt of the revised plans. n.8. Excavations for construction of footings, piers, columns, walls or other facilities that require shoring shall comply with requirements and recommendations of OSHA, AREMA, and Section IV, Design and Construction of Shoring Adjacent to and on Railroad Right-of- Way contained within the “KCS Guidelines for the Design and Construction of Railroad Overpasses and Underpasses.” Shoring, excavations, erection of temporary structures, etc., that will affect the safety and structural integrity of the railroad facilities shall be submitted to the Railroad for review and approval prior to start of such work. No such work shall begin until such approval from the Railroad is received by the Contractor. n.9. The Contractor shall abide by the following minimum temporary clearances during the course of construction n.10. The Contractor shall comply with the Railroad’s rules and regulations concerning protection of persons and property and the Contractor shall consult with the Railroad Engineer concerning the Railroad’s rules and regulations. Any questions arising about coordination of work between the Contractor and the Railroad Engineer or between the Contractor and others shall be taken up with the Engineer and the Contractor, Railroad Engineer and Engineer shall agree upon a method of coordination before the work is commenced. n.11. Prior to commencing any work upon, over or under the Railroad’s property, the Contractor shall furnish to the Railroad Engineer evidence that the Contractor’s insurance is as noted in the Contractor’s Right of Entry Permit. n.12. Except as authorized by the Railroad, neither the Licensees nor their Contractor(s) or subcontractor(s) will construct a crossing over any track at any location. Where crossings are needed or desired, Licensees’ Contractor shall make arrangements with Railroad and obtain a Permit, paying any and all fees thereof. If and when permitted by the Railroad, Contractor may cross tracks with cleated or crawler type equipment, provided the track shall be protected with a temporary surfacing as approved by the Railroad Engineer. n.13. The Contractor shall be required to maintain all ditches and drainage structures free of silt or other obstructions which may result from Contractor’s operations; to promptly repair eroded areas within Railroad’s right-of-way and to repair any other damage to the property of the Railroad or the instructions its tenants which may result from Contractor’s operations. All such maintenance and repair of its representatives in relation damages due to the proper manner Contractor’s operations shall be done at the Contractor’s expense. If the Contractor’s method of protecting erosion control differs from the tracks approved plans, the Contractor shall submit a proposed method of erosion control and property of have the method reviewed by the Railroad and the traffic moving County prior to beginning any grading work on such the Project site. Erosion control methods must comply with all applicable local, County, City, and federal regulations. n.14. The Contractor shall, reasonably throughout each work day and at the end of each work day when performing work near the Railroad’s tracks, as well as inspect the wirestrack area and clean up any debris that may have been dropped on or within (10) feet of Railroad’s tracks. Contractor shall remove all waste, signalsexcess materials, false work and other temporary structures, and other property equipment, leaving the location of the Railroad, its tenants, or licensees, at and in work cleaned to the vicinity reasonable satisfaction of the Work during the period of construction. All construction Work within the Railroad ROW and/or properties shall be performed during daylight hours unless authorized otherwise by the Railroad. The Contractor shall coordinate with repair to the reasonable satisfaction of the Railroad prior to beginning any construction on or adjacent to the Railroad ROW. The Contractor shall schedule and hold a Railroad pre- construction conference. Working windows for demolition and construction shall be coordinated with the Railroad and Railroad flaggers. The Contractor shall provide written notification to the Railroad at least 30 Days in advance of the date on which the Contractor expects to begin Work on Railroad properties. All notices and correspondence with the Railroad shall contain the Project number and location. Copies of such agreements, noticesEngineer, and correspondence shall also be submitted at the Contractor’s sole cost and expense, any and all damages to CDOT. The Contractor shall obtain Railroad agreement in writing, in advance, on methods and procedures covering all Work on the Railroad’s propertyproperty caused during construction of the Project. Upon completion of the WorkProject, the Contractor shall remove from return the premises Railroad property and all other Railroad property to a condition equal to or better than existed prior to commencement of the Railroad ROW all Equipment, surplus Material, and debris, leaving such premises in a neat condition satisfactory work. n.15. Site Inspections By Railroad’s Designated Representative: In addition to the Railroad. If office review of construction submittals, site inspections to check progress of the Contractor employed upon work and to check the Railroad’s property performs conformance of the Work thereon contrary work to the Railroad-approved plans, specifications, and requirements of plans at any time throughout the Contract Documents, or if the Contractor performs the Work on the Railroad’s property in a manner construction as deemed hazardous necessary by the Railroad (may be performed by Railroad’s Designated Representative at milestone events during construction, including but not limited to its property the following: i. Preconstruction meetings. ii. Excavations, shoring placement/removal, pile driving, drilling of caissons or drilled shafts adjacent to tracks. iii. Reinforcement and facilities concrete placement for near track piers. iv. Erection of precast concrete or overpass bridge superstructure v. Construction of overhead forms for the safe bridge decks vi. Reinforcement and expeditious movement concrete placement of its traffic), overpass bridge decks. vii. Completion of the Railroad will have the right to stop the bridge structure viii. Work on or near the Railroad’s property until the acts or omissions of the Contractor have been fully rectified to the satisfaction of the Railroad. The Contractor shall be responsible to the Railroad and its tenants for all damages for delays that may be sustained by the Railroad, its tenants, their employees, or freight in their care caused by any interference that could have been avoided by proper handling of the Project Work. All of the limitations and obligations imposed upon the Contractor by this Section shall apply with equal force and effect to any Subcontractor performing any Project Work for the Contractor upon the Railroad’s ROW. The Contractor shall be primarily liable and responsible to the Railroad for all acts or omissions of any Subcontractor employed upon the Railroad’s ROW. Nothing herein contained shall be construed to preclude the Railroad from proceeding against the Contractor and Subcontractors individually or collectively. The Contractor shall perform its Work in such manner and at such times as shall not to endanger or interfere with the safe operation of the tracks and property of the Railroad and the traffic moving on such tracks, as well as wires, signals, and other property of the Railroad, its tenants or licensees, at or in the vicinity of the Work. The Contractor shall not pile or store any Materials, tools, or park any Equipment, when not in use, closer to the center of nearest railroad track than permitted by the following clearances:At-Grade Crossing

Construction Requirements. The Contractor shall coordinate with the Railroad prior to beginning of any construction on or adjacent to the Railroad ROW. Working windows for demolition and construction shall be coordinated with the Railroad and Railroad flaggers. The Contractor shall keep a log of actual time that the Railroad personnel are flagging Copies of the log shall be submitted to CDOT with the Contractors invoice as required in the Project Management Section. Within 5 Days after NTP1, the Contractor shall notify the Railroad Manager of Public Projects: Xx. Xxxx Xxxxxxx Manager Public Projects The Burlington Northern and Santa Fe Railway Company 0000 Xxxxxx Xxxxxx Kansas City, KS 66106 Phone: 000-000-0000 FAX: 000-000-0000 And, Railroad General Road Manager: Mr. Xxxx Xxxxxxxxx General Road Manager The Burlington Northern and Santa Fe Railway Company 0000 Xxxxxxxxxx Xxxx Denver, CO 80216 Phone: (000) 000-0000 FAX: (000) 000-0000 The Contractor shall schedule and hold a Railroad pre-construction conference. The meeting shall be held as soon as practicable after the initial contact with the Railroad. It is expected that the Railroad will cooperate with the Contractor so that the Work may be handled in an efficient manner, but the Contractor shall have no claim against the Railroad for damages or extra compensation in the event the Contractor’s Work is held up by Work of the Railroad forces. The Contractor shall cooperate with the Railroad where Work is within the limits of the Railroad property, in order to expedite the Work and to avoid interference with the operation of Railroad equipment. The Contractor shall comply with the rules and regulations of the Railroad or the instructions of its representatives in relation to the proper manner of protecting the tracks and property of the Railroad and the traffic moving on such tracks, as well as the wires, signals, signals and other property of the Railroad, its tenants, tenants or licensees, at and in the vicinity of the Work during the period of construction. All construction Work within the Railroad ROW and/or properties shall be performed during daylight hours unless authorized otherwise by the Railroad. The Contractor shall coordinate with the Railroad prior to beginning any construction on or adjacent to the Railroad ROW. The Contractor shall schedule and hold a Railroad pre- construction conference. Working windows for demolition and construction shall be coordinated with the Railroad and Railroad flaggers. The Contractor shall provide written notification to the Railroad at least 30 Days in advance of the date on which the Contractor expects to begin Work on Railroad properties. All notices and correspondence with the Railroad shall contain the Project number and location. Copies of such agreements, notices, and correspondence shall also be submitted to CDOT. The Contractor shall obtain Railroad agreement in writing, in advance, on methods and procedures covering all Work on the Railroad’s property. Upon completion of the Work, the Contractor shall remove from the premises of the Railroad ROW all Equipment, surplus Material, and debris, leaving such premises in a neat condition satisfactory to the Railroad. If the Contractor employed upon the Railroad’s property performs the Work thereon contrary to the Railroad-approved plans, specifications, and requirements of the Contract Documents, or if the Contractor performs the Work on the Railroad’s property in a manner deemed hazardous by the Railroad (to its property and facilities or the safe and expeditious movement of its traffic), the Railroad will have the right to stop the Work on the Railroad’s property until the acts or omissions of the Contractor have been fully rectified to the satisfaction of the Railroad. The Contractor shall be responsible to the Railroad and its tenants for all damages for delays that may be sustained by the Railroad, its tenants, their employees, or freight in their care caused by any interference that could have been avoided by proper handling of the Project Work. All of the limitations and obligations imposed upon the Contractor by this Section shall apply with equal force and effect to any Subcontractor performing any Project Work for the Contractor upon the Railroad’s ROW. The Contractor shall be primarily liable and responsible to the Railroad for all acts or omissions of any Subcontractor employed upon the Railroad’s ROW. Nothing herein contained shall be construed to preclude the Railroad from proceeding against the Contractor and Subcontractors individually or collectively. The Contractor shall perform its Work in such manner and at such times as shall not to endanger or interfere with the safe operation of the tracks and property of the Railroad and the traffic moving on such tracks, as well as wires, signals, signals and other property of the Railroad, its tenants or licensees, at or in the vicinity of the Work. The Contractor shall not pile or store any Materialsmaterials, tools, or park any Equipmentequipment, when not in use, closer to the center of nearest railroad track than permitted by the following clearances:

Construction Requirements. The Contractor shall comply with the rules and regulations of the Railroad or the instructions of its representatives in relation to the proper manner of protecting the tracks and property of the Railroad and the traffic moving on such tracks, as well as the wires, signals, and other property of the Railroad, its tenants, or licensees, at and in the vicinity of the Work during the period of construction. All construction Work within the Railroad ROW and/or properties shall be performed during daylight hours unless authorized otherwise by the Railroad. The Contractor shall coordinate with the Railroad prior to beginning any construction on or adjacent to the Railroad ROW. The Contractor shall schedule and hold a Railroad pre- construction conference. Working windows for demolition and construction shall be coordinated with the Railroad and Railroad flaggers. The Contractor shall provide written notification to the Railroad at least 30 Days in advance of the date on which the Contractor expects to begin Work on Railroad properties. All notices and correspondence with the Railroad shall contain the Project number and location. Copies of such agreements, notices, and correspondence shall also be submitted to CDOT. The Contractor shall obtain Railroad agreement in writing, in advance, on methods and procedures covering all Work on the Railroad’s property. Upon completion of the Work, the Contractor shall remove from the premises of the Railroad ROW all Equipment, surplus Material, and debris, leaving such premises in a neat condition satisfactory to the Railroad. If the Contractor employed upon the Railroad’s property performs the Work thereon contrary to the Railroad-approved plans, specifications, and requirements of the Contract Documents, or if the Contractor performs the Work on the Railroad’s property in a manner deemed hazardous by the Railroad (to its property and facilities or the safe and expeditious movement of its traffic), the Railroad will have the right to stop the Work on the Railroad’s property until the acts or omissions of the Contractor have been fully rectified to the satisfaction of the Railroad. The Contractor shall be responsible to the Railroad and its tenants for all damages for delays that may be sustained by the Railroad, its tenants, their employees, or freight in their care caused by any interference that could have been avoided by proper handling of the Project Work. All of the limitations and obligations imposed upon the Contractor by this Section shall apply with equal force and effect to any Subcontractor Subcontractor, Supplier, or Consultant performing any Project Work for the Contractor upon the Railroad’s Railroad ROW. The Contractor shall be primarily liable and responsible to the Railroad for all acts or omissions of any Subcontractor Subcontractor, Supplier, or Consultant employed upon the Railroad’s Railroad ROW. Nothing herein contained shall be construed to preclude the Railroad from proceeding against the Contractor and Subcontractors Contractor, Subcontractors, Suppliers, or Consultants individually or collectively. The Contractor shall perform its Work in such manner and at such times as shall not to endanger or interfere with the safe operation of the tracks and property of the Railroad and the traffic moving on such tracks, as well as wires, signals, and other property of the Railroad, its tenants or licensees, at or in the vicinity of the Work. The Contractor shall not pile or store any Materials, tools, or park any Equipment, when not in use, closer to the center of nearest railroad track than permitted by the following clearances: