SS-01033
(Replaces SS-01018)

SUPPLEMENTAL SPECIFICATIONS
FOR
WORK ON RAILROAD RIGHT-OF-WAY
(Burlington Northern and Santa Fe Railroad)

Effective Date
December 21, 2004

THE STANDARD SPECIFICATIONS, SERIES 2001, ARE AMENDED BY THE FOLLOWING MODIFICATIONS AND ADDITIONS. THESE ARE SUPPLEMENTAL SPECIFICATIONS AND THEY SHALL PREVAIL OVER THOSE PUBLISHED IN THE STANDARD SPECIFICATIONS.

This Supplemental Specification applies to Primary projects only. It may apply to Secondary projects when specifically identified in the contract documents.

01033.01 General

The Contractor shall indemnify and save harmless the Railroad, their agents and employees, from all suits, actions, or claims of any character brought because of any injuries or damage received or sustained by any person, persons, or property because of any act, omission, or neglect in safeguarding or performing the work, or through use of unacceptable materials in constructing the work; and so much of the money due the said Contractor under and by virtue of the Contractor's contract as may be considered reasonable and necessary by the Contracting Authority for such purpose may be retained for the use of the State; or in case no money is due, the Contractor's surety may be held until such suit or suits, action or actions, claim or claims for injuries or damages as aforesaid shall have been settled and suitable evidence to that effect furnished to the Contracting Authority; except that money due the Contractor will not be withheld when the Contractor produces satisfactory evidence of ownership of adequate public liability and property damage insurance. Notwithstanding the above, it is specifically agreed between the parties executing this contract that it is not intended by any of the provisions of any part of the contract documents to create in the public or any member thereof a third party beneficiary hereunder, or to authorize anyone not a party to this contract to maintain a suit for personal injur­ies or property damage pursuant to the terms or provisions of this contract. The duties, obligations, and responsibilities of the parties to this contract with respect to third parties shall remain as imposed by law. It being the intention of the parties that indemnity herein provided shall not extend to acts or omissions of negligence for which the Railroad is solely responsible. But indemnity shall extend to all claims in which the Contractor, Subcontractor, or either's employee and the Railroad are alleged to be, or could be, in the absence of an immunity provision in the Workers' Compensation Act, either jointly or concurrently negligent for the injury or damage.

It is understood that no subcontractor is a third party beneficiary to any contract between the Contracting Authority and the prime contractor. Nothing in any special provision or any supplemental specification shall be construed as eliminating or superseding the requirements of this section.

The Contractor shall cooperate with the Railway Company, hereinafter referred to as "Railroad" where work is over, under, on, or adjacent to Railroad property and/or right-of-way, hereafter referred to as Railroad property, during the construction work, and shall not interfere with the movement of any trains on Railroad property.

Railroad contact names, addresses, and/or telephone numbers, as well as train counts will be located on the Railroad Data Sheet in the contract documents.

The Contractor's right to enter Railroad's property is subject to the absolute right of Railroad to cause the Contractor's work on Railroad's property to cease if, in the opinion of Railroad, Contractor's activities create a hazard to Railroad's property, employees, and/or operations.

For any, falsework above any tracks or any excavations located, whichever is greater, within 25 feet (7.7 mm) of the nearest track or intersecting a slope from the plane of the top of rail on a 1 1/2 horizontal to 1 vertical slope beginning at 11 feet (3.4 m) from centerline of the nearest track, both measured perpendicular to center line of track, the Contractor shall furnish the Railroad five sets of working drawings showing details of construction affecting railroad tracks and property.  The working drawing shall include the proposed method of installation and removal of falsework, shoring, or cribbing, not included in the contract plans; and two sets of structural calculations of any, falsework, shoring, or cribbing.  All calculations shall take into consideration railroad surcharge loading and shall be designed to meet American Railway Engineering and Maintenance-of-Way Association (previously, known as American Railway Engineering Association) Coopers E-80 live loading standard.  All drawings and calculations shall be stamped by a Professional Engineer licensed in the State of Iowa.  The Contractor shall not begin work until notified by the Railroad that plans have been approved.  The Contractor shall be required to use lifting devices such as, cranes and/or winches to place or to remove any, falsework over Railroad's tracks. In no case shall the Contractor be relieved of responsibility for results obtained by the implementation of said approved plans.

It is expected that the Railroad will cooperate with the Contractor such that the work may be handled and performed in an efficient manner.

01033.02 Agreement

The Contractor shall ensure that at a minimum its Project Supervisors have attended a Safety Orientation conducted by the Railroad, or it's Representative, and that each of its employees, subcontractors, agents, or invitees have received the same Safety Orientation (by the Contractor's Project Supervisor or by the Railroad) before any work is performed on the Railroad property. The Contractor shall give Railroad a minimum of 30 calendar days advance notice for scheduling the Safety Orientation.

01033.03 Railroad Requirements

The Contractor shall comply with the rules and regulations of Railroad and the instructions of the Railroad's representatives in relation to the proper manner of protecting the tracks and property of Railroad and the traffic moving on such tracks, as well as the wires, signals, and other property of Railroad, its tenants or licensees, at and in the vicinity of the work area during construction.

The Contractor shall perform work in such manner and at such times that shall not endanger, delay or interfere with the safe and timely operation of the tracks and property of Railroad and the traffic moving on such tracks, as well as the wires, signals, and other property of Railroad, its tenants, or licensees.

The Contractor shall take protective measures as are necessary to keep railroad facilities, including track ballast, free of sand, debris, and other foreign objects and materials resulting from the construction operations. Any damage to railroad facilities resulting from Contractor's operations will be repaired or replaced by Railroad and the cost of such repairs or replacement shall be paid by the Contractor.

The Contractor shall notify the Railroad's Division Superintendent and provide blasting plans to the Railroad for review 7 calendar days prior to conducting any blasting operations adjacent to or on Railroad's property.

The Contractor shall abide by the following clearances during the course of construction:

Any infringement within clearances due to the Contractor's operations shall be submitted to the Railroad and to the Engineer and shall not be undertaken until approved in writing by the Railroad, and until the Engineer has obtained any necessary authorization from the State Regulatory Authority for the infringement.  No extra compensation will be allowed in the event the Contractor's work is delayed pending Railroad approval, and/or the State Regulatory Authority's approval.

In the case of impaired vertical clearance above top of rail, Railroad shall have the option of installing tell-tales or other protective devices Railroad deems necessary for protection of Railroad employees or rail traffic.  The cost of tell-tales or protective devices shall be borne by the Contractor.

The details of construction affecting the Railroad's tracks and property not included in the contract plans shall be submitted to the Railroad by the Engineer for approval before work is undertaken and this work shall not be undertaken until approved by the Railroad.

At other than public road crossings, the Contractor shall not move any equipment or materials across Railroad's tracks until permission has been obtained from the Railroad.  The Contractor shall obtain a temporary private crossing agreement from the Railroad prior to moving equipment or materials across the Railroad's tracks.  The temporary private crossing shall be gated and locked at all times when not required for use by the Contractor.  The temporary private crossing for use of the Contractor shall be at the expense of the Contractor.

The Contractor upon completion of the work covered by this contract, shall promptly remove from the premises of the Railroad all of the Contractor's tools, implements, and other materials, whether brought upon the premises by the Contractor or any subcontractor, or employee or agent of the Contractor or any subcontractor, and shall leave premises in a condition acceptable to the Railroad's representative.

01033.04 Protection of Railroad Facilities and Railroad Flagger Services:

The Contractor shall give a minimum of 5 working days notice to the appropriate Railroad's Roadmaster in advance of when flagging services will be required.

Railroad flagger and protective services and devices will be required and furnished when Contractor’s work activities are located over, under, or within 25 feet (7.7 m) measured horizontally from center line of the nearest track, and when cranes or similar equipment are positioned outside of 25 feet (7.7 m) measured horizontally from the track center line that could foul the track in the event of tip over or other catastrophic occurrence, but not limited for the following conditions:

Flagging services will be performed by qualified railroad flaggers.  The cost per dayhour for one Flagger is $600.00$50.00, which includes Vacation Allowance, Paid Holidays, Railroad and Unemployment Insurance, Public Liability and Property Damage Insurance, Health and Welfare Benefits, transportation, meals, lodging, and supervision, for an 8 hour basic day, with time and one-half or double time for overtime, rest days, and holidays.  These rates are subject to any increases which may result from Railroad Employees-Railroad Management negotiations or which may be authorized by Federal authorities.  Contractor will be billed on actual costs in effect at the time work is performed.

01033.05  Contractor General Safety Requirements

Safety is of the utmost importance in performing work on the Railroad's property.  The Railroad does not in any manner assume the control or responsibility of the Contractor to provide safe working conditions for the Contractor or subcontractors in requiring the Contractor to follow the Railroad's General Safety Requirements.

Work in the proximity of a railroad track is potentially dangerous.  The Contractor, subcontractors, and invitees are governed by the following safety rules and general safety requirements while on Railroad property.  The Contractor is responsible for enforcement of these safety rules and requirements.  The Railroad has the right to bar the Contractor, subcontractors, and invitees from working on Railroad property if the Railroad deems such persons are acting in an unsafe manner.

Before beginning any task on Railroad property, a complete job safety briefing shall be conducted with all individuals involved with the task, and again if the task changes.  If the task is within 25 feet (7.7 m) of any track, the job briefing shall include the Railroad's flagger and include the procedures the Contractor will use to protect its employees, subcontractors, agents, or invitees from moving any equipment adjacent to or across any railroad tracks.

All employees of the Contractor, subcontractors, agents, and invitees shall receive Safety Orientation from the Contractor's Safety Officer or a qualified Railroad representative prior to the start of any project.  The Contractor's Safety Officer shall review the safety guidelines contained below to familiarize their employees with safety issues that exist when working in a railroad environment.  This should be reviewed at least weekly, and with any new employee working on Railroad property. It is the responsibility of the Contractor's Supervisor and/or Safety Officer to instruct their employees the Railroad's Safety guidelines and to require compliance with these guidelines.

Safety rules cannot be all-inclusive.  Workers shall refrain from unsafe and improper practices, including the violation and/or disregard of written rules and regulations, and rules of common sense.

01033.06 Personal Injury Reporting

The Railroad is required to report certain injuries as a part of compliance with Federal reporting requirements.  Any personal injury sustained by an employee of the Contractor, subcontractor, or invitees while on the Railroad's property shall be reported immediately (by phone, mail if unable to contact in person) to the Railroad's representative.  The Injury Report Form contained herein is to be completed and sent by Fax to the Railroad at (817) 352-7595, no later than the close of shift on the date of the injury.

01033.07 Insurance Form and Submittal

The Contractor shall carry regular contractor’s public liability and property insurance as specified in the Federal-Aid Highway Program Manual providing for limits of not less than $500,000 for all damages arising out of bodily injury to or death of one person, and submit to that limit for each person, a total limit of not less than $1,000,000 for all damages arising out of bodily injury to or death of two or more persons in any one accident, and providing for a limit of not less than $500,000 for all damages to or destruction of property in any one accident and subject to that limit a total (or aggregate) limit of not less than $1,000,000 for all damages to or destruction of property during the policy.  A certified copy of the policy providing the Contractor public liability and property damage insurance, executed by a corporation qualified to write the same in the State of Iowa, in a form and substance satisfactory to the Railroad shall be delivered to and approved by the Railroad prior to entry upon or use of the permanent easement property.  The Railroad’s receipt of any policy or policies of insurance as provided in this section shall not serve as a waiver by the Railroad of the insurance requirements as set forth in this section.

The Railroads Protective Public Liability and Property Damage Liability Insurance shall be written on ISO Form No. CG00351093 and include the Limited Seepage and Pollution Liability Endorsement.  The named insured is Burlington Northern and Santa Fe Railway Company.

The insurance policy and a copy of the Certificate of Liability shall be sent to Manager of Insurance, BNSF Railway Company, 4501 Kansas Avenue, Kansas City, KS 66106; fax no. (913) 551-2792, voice no. (913) 551-2574.  A copy shall also be sent to the Iowa DOT, Office of Accounting, 800 Lincoln Way, Ames, IA 50010.

 

 

NON-EMPLOYEE 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-BNSF location)

 

5.  Social Security #:  ______________________________

6.  Name (last, first, mi) __________________________________________________________________

7.  Address:  Street: ________________________________  City: _______________  St. __  Zip: ______

8. Date of Birth: ____________________________ and/or Age __________  Gender: _________________

9. (a) Injury: _________________________________________________  (b) Body Part _______________
                   (i.e. (a) Laceration (b)Hand)                                                                    (if available)

11.  Description of accident (To include location, action, result, etc.):  _____________________________

        __________________________________________________________________________________

        __________________________________________________________________________________

        __________________________________________________________________________________

12.  Treatment:

     First Aid Only

     Required Medical Treatment

     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: _________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

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