HomeMy WebLinkAboutBurke & Richmond Counties
Augusta Richmond GA
DOCUMENT NAME: ~L-\'<'L~c\ ~\cX\\'C\CX"'d Cf)J.rr\\~
DOCUMENT TYPE: ~\( eemex\ \-
YEAR: C\u
BOX NUMBER: \ \
FILE NUMBER: \()()Cf\
NUMBER OF PAGES: c!J:;)
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AGREEMENT
Project: STP-38-2 (27) 01 Burke & Richmond Counties
THIS AGREEMENT, made and entered into
between,
OEe n 6 1996'
, by and
DEPARTMENT OF TRANSPORTATION, an agency of the State of Georgia,
hereinafter styled the DEPARTMENT, party of the first part; and
CENTRAL OF GEORGIA RAILROAD COMPANY, a Corporation, chartered
in the State of Georgia, hereinafter styled the RAILROAD, party of the second part;
and
AUGUSTA-RICHMOND COUNTY, a political subdivision of the State of
Georgia, hereinafter styled the COUNTY, party of the third part.
WITNESSETH that:
WHEREAS, the DEPARTMENT proposes under the above written project
number to widen and reconstruct SR 56 on new and existing location from Burke
County just south of the Burke/Richmond County line north to just north.of Bennoch
Mill Road in Richmond County, Georgia; and
WHEREAS, the new location section of SR 56 crosses the main track and
side track of the RAILROAD at grade at railroad milepost 0-111.86 in McBean,
Richmond County, Georgia; and
WHEREAS, this section of SR 56 will require the RAILROAD to install a grade
crossing with its main track and remove the side track and turnout from the area of
the grade crossing; and
WHEREAS, the RAILROAD is willing to perform the grade crossing work and
track adjustments in accordance with the estimate attached hereto; and
WHEREAS, construction of SR 56 will include jacking/boring drainage pipes
under the main track at the grade crossing and other work including slopes, ditches,
drainage, and wall removal in the crossing area; and
WHEREAS, the RAILROAD is in agreement with the DEPARTMENT'S plans
and is willing to grant the DEPARTMENT the easement for the project; and
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WhlERE,~S, matters relating to warning devices at the, gra~e, crossing are
being handled separate from this agreement; and
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WHEREAS, the COUNTY agrees to reimburse the DEPARTMENT for the
cost of installing the grade crossing and associated work as hereinafter provided.
NOW THEREFORE, the PARTIES HERETO, each in consideration of the
premises above and of the covenants of the other as hereinafter expressed and
contained, do hereby contract and agree each with the other as follows:
1. It is specifically understood that the project number shown above is for
the DEPARTMENT's identification purposes only and may be subject to change by
the DEPARTMENT. In the event it becomes necessary for the DEPARTMENT to
assign a different project number, the DEPARTMENT will notify the RAILROAD and
COUNTY of the new project designation. Such change in project designation shall
have no effect whatsoever on any other terms of this agreement.
2. (a) It is agreed that the regulatory provisions of Part 140, Subpart I,
and Part 646, Subpart B, of Title 23, Highways, of the Code of Federal Regulations,
current edition, (hereinafter referred to as CFR) shall govern the work and
procedures covered by this agreement and are by reference incorporated herein.
(b) The BAILROAD shall furnish the necessary materials and perform
the work on an actual cost basis. All materials which are required to complete the
work will be purchased direct by the RAILROAD or furnished from RAILROAD stock
in accordance with Part 140, Subpart I, of CFR. Any portion of the work
contemplated under this agreement may be let to contract by the RAILROAD
through competitive bidding or the RAILROAD may use the services of a contractor
which works for the RAILROAD on a routine basis under a written continuing
contract subject to the terms and conditions of the aforesaid CFR, and with prior
review and approval by the DEPARTMENT, all in accord with the detailed estimate
attached. Before the RAILROAD initiates accomplishment of any work by these
means, the RAILROAD shall first contact the DEPARTMENT to determine the
appropriate procedures to follow to provide for compliance. Prior approval by the
DEPARTMENT will not be necessary when work is performed by pre-approved
continuing contractors when the amount of work does not exceed $5,000 per each
individual contractor.
(c) RAILROAD shall give DEPARTMENT and Federal Highway
Administration, when applicable, ample opportunity to inspect materials recovered
by RAILROAD in accordance with Part 646, Subpart B, of CFR.
3. RAILROAD to the extent that its present right, title and interest permits or
enables it so to do and without warranty hereby grants unto the DEPARTMENT an
easement across its right-of-way of such width as may be necessary to construct
and maintain, in accordance with this agreement, the aforesaid grade crossing
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across tre righf-tif-way or property of RAILROAD, all as shown ~:>n tr;e project plans
and in accord with the specifications and special provisions. Said project plans,
specifications, and special provisions, which are identified by the project number
shown above, as finally approved by the RAILROAD and DEPARTMENT, are
hereby made a part hereof by reference. Reserving, however, unto the RAILROAD
the right to continue to maintain, renew and operate its railroad and appurtenances
across said road, and to construct such additional tracks and other railroad facilities
across said road, and to maintain, repair and operate the same as in the judgement
of RAILROAD may be requisite. Said easement is more particularly described as
shown on Railroad Drawing No. T8-92-0107-R-3, dated August 17, 1992 as last
revised May 23, 1996, which is attached hereto and made a part hereof.
4. The DEPARTMENT will construct and maintain, including necessary
grading and drainage, in good and safe condition the highway crossing covered
hereby, except for the portion between the rails of said tracks and for two feet on
the outer side of the cross ties where RAILROAD will install the crossing and
thereafter this area shall be maintained and the expense thereof shall be borne by
such party as may be required to do so under the provisions of applicable law as
the same may be amended from time to time.
5. (a) It shall be the RAILROAD'S responsibility to plan with the
DEPARTMENT'S contractor a schedule of operations which will clearly set forth at
which stage of the contractor's operations the RAILROAD will be required to
perform its grade crossing and associated work.
(b) RAILROAD shall attempt to schedule and coordinate the required
grade crossing work so that it is performed in conjunction with the DEPARTMENT'S
roadway construction project in the area of the crossing. The paving and/or traffic
control at the crossing can then be performed by the DEPARTMENT'S contractor.
If the RAILROAD cannot so schedule and coordinate its work, then the RAILROAD
will be responsible for paving and/or providing traffic control at the crossing and
these items will be covered under and charged to this agreement. Signing and
other traffic control measures provided by the RAILROAD during construction shall
be in accordance with PART VI of the Manual on Uniform Traffic Control Devices
(MUTCD), current edition, or as required by the DEPARTMENT'S Engineer.
6. RAILROAD, with its regular construction or maintenance forces and
personnel and at its standard schedule of wages and working hours and working
in accordance with the terms of its agreements with such employees, will do and
perform the work as described in the detailed estimate dated February 16, 1995 for
$30,000 prepared in accord with aforesaid CFR, said estimate being attached
hereto and made a part of this agreement. Installation of new grade crossings or
adjustment of existing grade crossings shall be in accordance with project plans
and the DEPARTMENT'S Standard No. 9021 A. Any work to be done and
performed by the RAILROAD working with its employees, shall be subject to the
labor regulations applicable to construction contracts for grade crossing projects.
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7.' RAILROAD may submit periodic progress bills to DEPARTMENT not more
than once monthly for the eligible cost and expense of work done and performed
by RAILROAD. Progress bills shall be itemized as to labor, equipment, materials,
etc., and the dates incurred. Errors appearing on such bills shall not be cause for
withholding the entire payment, but shall be corrected and the adjusted amount
shall be paid. The DEPARTMENT will pay in full all verified charges on progress
bills promptly upon receipt and verification thereof by the DEPARTMENT.
8. Upon completion of the work the RAILROAD shall submit a final bill to the
DEPARTMENT, said bill to be prepared in accordance with the provisions of
aforesaid CFR, and the DEPARTMENT shall make a conditional final payment
promptly upon verification of the final bill by the DEPARTMENT. The total liability
of the DEPARTMENT shall not exceed the total cost of the work as ascertained by
computing the items of cost as set forth in the aforesaid CFR. At any time within
three years after the date of the conditional final payment the DEPARTMENT may
audit the cost records and accounts of the RAILROAD pertaining to this project and
bill the RAILROAD the amount of any unallowable expenditure made in the
conditional final payment of this contract or, if no unallowable expenditure is found,
notify the RAILROAD of that fact in writing. Such payment shall not constitute
acceptance by the RAILROAD of the audit findings and disallowances. For audit
purposes, the cost records and accounts of the RAILROAD pertaining to this project
shall be made available to the representatives of the DEPARTMENT or the Federal
Highway Administration, when applicable, at the General Office of the RAILROAD
duri ng the progress of the work and for a period of not less than three (3) years
from the date conditional final payment has been received by the RAILROAD.
9. The DEPARTMENT shall not be liable for payment of any bill received
more than 12 months after all work on this project is completed and the project is
accepted by the RAILROAD and DEPARTMENT unless the RAILROAD has
requested an extension of the billing period in writing.
10. DEPARTMENT will not be bound to pay any amount in excess of the
detailed cost estimate(s) attached hereto, nor for any items of work not provided
for in the detailed cost estimate(s). In the event it is determined that a substantial
change in the work to be performed by RAILROAD will be required or that an
abnormal increase in the cost anticipated will be incurred by RAILROAD, a written
change or extra work order approved by DEPARTMENT will be required as
provided in the aforesaid CFR. The amount of the detailed cost estimate(s)
attached hereto will be allotted from available funds and written notice given to
RAILROAD by DEPARTMENT before RAILROAD is authorized to proceed with the
work to be performed by RAILROAD under this agreement.
11. The COUNTY agrees to reimburse the DEPARTMENT for the actual cost
of installing or adjusting the grade crossing(s) on this project which is now
estimated to be $30,000 according to the attached estimate. Payment shall be
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made to .the !?EPARTMENT upon statement rendered to the CO!JNPr' by the
DEPAR'TMENT upon execution and authorization of this agreement and
completion and acceptance of the project. Said statement shall be for the actual
and final cost of the work performed by the RAILROAD.
12. The DEPARTMENT will require its Contractor to abide by the attached
Special Provision for Protection of Railway Interests which will be included in his
contract and, before commencing said construction on RAILROAD right-of-way or
property, to furnish evidence acceptable to the DEPARTMENT and the RAILROAD
that the Contractor has provided (1) Contractor's Public Liability and Property
Damage Liability Insurance, (2) Contractor's Protective Public Liability and Property
Damage Liability Insurance and (3) Railroad Protective Public Liability and Property
Damage Liability Insurance in the amounts specified in the Special Provision
attached hereto and made a part hereof, all in accord with Part 646, Subpart A, of
CFR, current edition, and in a form approved by the DEPARTMENT and the
RAILROAD.
13. The DEPARTMENT agrees that it will secure the payment bond required
under Section 13-10-1 (b)(2)(A) of the Official Code of Georgia Annotated and that
such bond will cover the work to be done and for the use and protection of all
subcontractors and all persons supplying labor, materials, machinery, and
equipment in the prosecution of the work provided for in the contract. The
DEPARTMENT will furnish the RAILROAD a photocopy of the bond secured for the
project. The DEPARTMENT will also furnish the RAILROAD with the address of all
contractors and sureties that may be a party to the bond and will notify the
RAILROAD of any subsequent address changes.
14. In the event it shall be necessary in connection with or incident to the
work of said construction to make any adjustment in facilities of tenants of the
RAILROAD, such adjustments shall be handled by the DEPARTMENT directly with
the owner or owners thereof at no expense to the RAILROAD.
15. It is agreed that the DEPARTMENT will furnish the RAILROAD the
name, address and telephone number of its representative who will be in charge of
the work as part of its letter of authorization to proceed with the work covered under
this agreement. The RAILROAD agrees to give said representative reasonable
prior notice of the dates upon which work will be done in order that work may be
properly inspected and documented for audit.
16. It is mutually agreed between the parties hereto that this document shall
be deemed to have been executed in the City of Atlanta, Georgia, and that all
questions of interpretation and construction shall be governed by the laws of the
State of Georgia.
17. The covenants herein contained shall, except as otherwise provided,
accrue to the benefit of and be binding upon the successors and assigned of the
parties hereto.
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IN,WITNESSYIfHEREOF, the parties hereto have caused this Agreement to.be executed in three
. counterparts/' each p~rt being an original, by their authorized representative the day and date herein'
. above written.
~' SSES A~ Tf RA~ROAD: /J /7
~ jj( ~ CENTRAL OF GEORGIA RAILROAD COMPANY
~WI:SS · 4' _ iJ/J1. NAME OF RAILROAD "",' , ,
-' <;;fA$' ~~ BY: ~i '
, 0 ~ RY rUBLlC GEN RAL MANAGER- . ~ -
: - M . Public. Henry County Georgia " . '.' ~_
~CommlssiOn expires Fe~ry 25 1""'" (CORPORA TE SEN.) . ,,' "
~,. . '-, ATTEST: ,r' ~~
BY:~+-=~\a~'"
ASSISTAN S ETARY ,
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ACCEPTED: ~ ~'rh' - .. .' :. ~,' .'>.'.
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WITNESSES AS TO THE COUNTY
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WIT" ' SS
.1lCkll/t, ~ :/ /. ~m~
N01ARY~~
:No1~ry Publfc. Columbia 9ounty, Georgia
-. MvCommissiQIl E;mi~ ~~ Ff,~~
Slgn.!3a OD QE'!J8.n"OT s '- mond County
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Project: STP-38-2 (27) 01 Burke/Richmond
Date: July 24, 1996
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BY:
BY:
T, OF TRANSPORTATION
~~
~Ilo. 09K~lb Q,unty. G30i~:;'
,~~: . r.... ~'::-; r:JI~!ro~ i'~r. 1, 1997
(OFFICIAL SEAL OF THE DEPARTMENT)
I attest that the seal imprinted herein is the Official Seal of the Department.
BY: ~A?m~
EASURER
OFFICIAL CUSTODIAN OF THE SEAL
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RESOLUTION OF COUNTY
STATE OF GEORGIA,
AUGUSTA-RICHMOND COUNTY
BE IT RESOLVED by the Augusta-Richmond County Commission-Council, and it
is hereby resolved, that the foregoing attached Agreement, relative to Project STP-38-2
(27) 01 on SR 56 in McBean, Richmond County be entered into by Augusta-Richmond
County and that Larry E. Sconyers as Mayor-Chairman, and b~~
as Clerk, be and they are, thereby authorized and directed to execute the same in behalf
of said AUGUSTA-RICHMOND COUNTY COMMISSION-COUNCIL.
,,~,'.'-, . 'passe;;9 and adopted, this -5 day of tf/~ ,19? ~
AT~c~~
STATE OF GEORGIA,
AUGUSTA-RICHM~? COUNTY
I, )m~ ~ ' as Clerk of Augusta-Richmond County, do
hereby certify that I am custodian of the books and records of the same, and that the
above and foregoing copy of the original is now on file in my office, and was passed by the
AUGUSTA-RICHMOND COUNTY COMMISSION-COUNCIL.
Witness my hand and official signature, this ...5
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dayof ~
BY: ~Dy/~
CLERK
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Date: July 18, 1996
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
SPECIAL PROVISION FOR PROTECTION OF RAILWAY INTERESTS
Project: STP-38-2 (27) 01 Burke & Richmond Counties
Construction of SR 56 at grade with track of the Central of Georgia Railroad
Company at railroad milepost D-111.86 including jacking/boring drainage pipes under
track in McBean, Richmond County, Georgia. The average scheduled trains are 4
per day.
1. AUTHORITY OF RAILROAD ENGINEER AND HIGHWAY ENGINEER:
The authorized representative of the Railroad, hereinafter referred to as Railroad
Engineer, shall have final authority in all matters affecting the safe maintenance of
Railroad traffic and facilities including the adequacy of the foundations and structures
supporting the railroad tracks and the necessity for flagging during construction.
The authorized representative of the Chief Engineer, hereinafter referred to as the
Highway Engineer, shall have authority over all other matters as prescribed herein
and in the Department's Standard Specifications, current edition, as may be revised
for this project.
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 Department, at the
addresses shown below and to the Highway Engineer who has been
designated to be in charge of the work, at least 10 working days in
advance of the date he proposes to begin work on Railroad rights-of-way.
If flagging is required, it may take up to 30 days to obtain from the Railroad
and no work shall be undertaken until flagging is present at the job site.
Notice to: Copy to:
Mr. G.E. Drake
Chief Engineer-Design & Construction
Norfolk Southern Corporation
99 Spring Street, S.W.
Atlanta, Georgia 30303
(Tel. No. 404-529-1463)
Mr. Dudley Ellis, P. E.
State Utilities Engineer
Georgia Department of Transportation
No.2 Capitol Square
Atlanta, Georgia 30334
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SP6CIAL:P'ROVISION FOR PROTECTION OF RAILWAY INTERESTS
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(2) Obtained written authorization from the Railroad to begin work on Railroad
rights-of-way, such authorization may include an outline of specific and
general conditions with which he must comply.
(3) Obtained written approval from the Railroad of railroad protective and
general liability insurance coverages as required by paragraph 10.
(4) Furnished a schedule for all work within the Railroad rights-of-way as
required by paragraph 6 8 (1).
8. The Railroad's written authorization to proceed with the work shall include 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, area of responsibility of each representative shall be specified.
3. INTERFERENCE ~ITH RAILROAD OPERATIONS AND PROPERTY:
A. The Contractor shall so arrange and conduct his work that there will be no
interference with Railroad operations, including train, signal, and communication
services, or damage to the facilities or property of the Railroad or tenants on the
rights-of-way of the Railroad. Whenever work is liable to affect such operations,
safety, facilities, or property, the method of doing such work shall first be
_ submitted to the Railroad Engineer for review and approval, but such approval
shall not relieve the Contractor from liability. Any work to be performed by the
Contractor which requires flagging and/or'inspection by the Railroad shall be
deferred by the Contractor until the flagging and/or inspection required by the
Railroad is available at the job site.
8. Whenever work within Railroad rights-of-way is of such a nature that impediment
to Railroad operations such as use of runaround or detour tracks or necessity for
reduced speed is unavoidable, the Contractor shall schedule and conduct his
operations so that such impediment is reduced to the absolute minimum.
C. Should conditions arising from, or in connection with the work, require that
immediate and unusual provisions be made to protect operations, facilities, and
property of the Railroad, the Contractor shall make such provisions. If in the
judgement of the Railroad Engineer, or in his absence, the Highway Engineer,
such provision is insufficient, either may require or make such provisions as he
deems necessary. In any event, such unusual provisions shall be at the,
Contractor's expense and without cost to the Railroad or the Department.
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SP;~cl.~L ~ROVISION FOR PROTECTION OF RAILWAY I~TERE'STS
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4. CONSTRUCTION PROCEDURES:
A. General:
Construction work and operations by the Contractor on Railroad rights-of-way, or
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 the Railroad's general rules, regulations, and requirements
including those relating to safety, fall protection, and personal protective
equipment.
(4) In accord with this special provision.
B. Track Clearances:
The minimum track clearances to be maintained by the Contractor during
construction are shown on the Highway Project plans. Clearances less than these
will not be permitted unless specifically authorized by the Railroad Engineer.
C. Temporary 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.
Contractor will not be required to make existing section meet this specification if
the existing section is substandard, in which case existing section will be
maintained.
D. Excavation for Structures:
The Contractor will be required to take special precaution and care in connection
with excavating and shoring pits for construction of bridges, walls, footings,
drainage pipes or structures under or adjacent to tracks, and any other structures
or construction, including the driving of piles or sheeting, adjacent to tracks to
provide adequate lateral and vertical 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 excavation and
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 by the
Department's Office of Bridge and Structural Design.
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__ SPECIAL PROVISION FOR PROTECTION OF RAILWAY INTERESTS
E. Blasting:
(1) The Contractor shall obtain advance approval of the Railroad Engineer
and the Highway Engineer for use of explosives on or adjacent to Railroad
property. The request for permission to use explosives shall include a
detailed blasting plan. 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 par. 2B above) will be required to arrange for the
presence of an authorized Railroad representative and such flagging
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. Correction of any track misalignment or other
damage to Railroad property resulting from the blasting shall be done
as directed by the Railroad's authorized representative at the
Contractor's expense. If his actions result in delay of trains, the
Contractor shall bear the entire cost thereof.
(e) Storage of explosives on Railroad property will not be permitted.
(f) Furnish satisfactory evidence of XCU (explosion-collapse-
underground damage) insurance coverage.
(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 this special
provision.
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SPECIA~ PROVISION FOR PROTECTION OF RAILWAY ~NT.ERESTS
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(3) Other Requirements:
Each Railroad has its own requirements for blasting which may include
provisions in addition to the above. It is the contractor's responsibility to
contact the Railroad before performing any blasting and determine and
comply with these requirements. The Contractor shall handle all matters
relating to blasting with the Railroad and pay for all costs involved.
F. Maintenance and Repair of Railroad Facilities:
(1) The Contractor will maintain all ditches and drainage structures free of silt
or other obstructions which may result from his operations and provide and
maintain any erosion control measures as'required by Highway Project
plans and contract documents. The Contractor will promptly repair eroded
areas within Railroad rights-of-way.
(2) The Contractor will also repair, or cause to be repaired, any other damage
to the property or facilities of the Railroad or its tenants.
(3) 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 without first having obtained
permission from the Railroad Engineer, and such permission will be with the
understanding that the Railroad 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 unattended
near the track or on the Railroad right-of-way shall be effectively immobilized so
that it cannot be moved by unauthorized persons.
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, temporary erosion measures, 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.
5. DAMAGES:
A. The Contractor shall assume all liability for any and all damages to his work,
employees, servants, equipment and materials caused by Railroad traffic.
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SPECIAL F?ROVISION FOR PROTECTION OF RAILWAY iNTERESTS
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B. Any cost incurred by the Railroad for repairing damages to its property or to
property of its tenants, caused by or resulting from the operations of the
Contractor, shall be paid directly to the Railroad by the Contractor.
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 and facilities. In general, the requirements for flagging will be
whenever the Contractor's personnel or equipment a,re, or are likely to be, working
on the Railroad's right-of-way, or within distances as may be specified by
Railroad's authorized representative, 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. These requirements
include situations where a crane, or other piece of equipment, is located such that
its boom, or extremity, could move and pass within 15 feet of the centerline of a
track or within a distance as may otherwise be specified by Railroad's authorized
representative. Normally the Railroad will assign one flagman to a project,
but in some cases more than one may be necessary.
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.
(2) The Contractor will be required to give the Railroad representative at least
10 working days of advance notice of intent to begin work within Railroad
right-of-way in accordance with paragraph 2.A.(1) of 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
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SPECIAL PROVISION FOR PROTECTION OF RAILWAY INTERESTS
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, fr~~ 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 practices, in some cases
it may be necessary to give 5 days notice before flagging service may be
discontinued and payment stopped.
(3)
If, after the flagman is assigned to the project site, unusual circumstances
or conditions 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
delays shall be borne by the Contractor and not the Department or
Railroad.
C. Payment
(1) The Contractor will be responsible for paying the Railroad directly for
any and all costs of flagging which may be required to accomplish the
construction. The Contractor shaJl.D.Qj delegate this responsibility
to any subcontractor or any other party. The Department will not
reimburse the Railroad for any costs of the flagging which is required by
the Contractor's work. The cost of flagging service is approximately i3.2
per hour or .$..2.5.6. per day based on an 8-hour work day and 40-hour work
week. This cost includes the base pay for the flagman, overhead, and
generally includes travel expenses, meals, lodging, equipment, etc. The
charge to the Contractor 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 and 40 hours per week may result in overtime pay at
1 Y2 time the appropriate rate. Also, certain unusual conditions may arise
which may result in overtime pay at 2 times the appropriate rate. Railroad
work involved in preparing and handling bills may also be charged to the
Contractor. Charges to the Contractor by the Railroad shall be in
accordance with applicable provisions of Part 140, Subpart I, and Part 646,
Subpart 8, of Title 23, Highways, of the Code of Federal Regulations,
current edition. Flagging costs are subject to change. The above
estimates are provided for information only and are not binding in any
way.
(2) The contractor will be billed for flagging services on a periodic basis
directly by the Railroad and Contractor will promptly pay such bills within
30 days after each bill is rendered. Should the Contractor fail to pay the
Railroad within 60 days after any bill is rendered, the Department may pay
directly to the railroad any amounts due and deduct the amount of such
payments from any funds due the Contractor. This provision does not
affect the obligation of the Contractor under his bond or the rights of the
Railroad or the Department under the bond.
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SPECIAL. PROVISION FOR PROTECTION OF RAILWAY INTERESTS
.
D. Verification
(1) The Contractor will review and sign the Railroad flagman's semi-monthly
time/payroll sheet, or other similar documentation, attesting that the
flagman was present during the time recorded.
(2) The Railroad flagman assigned to the project will be responsible for
notifying the Highway 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 Highway Engineer will document such
notification in the project records. When requ'ested, the Highway Engineer
will also sign the flagman's time sheets showing daily time spent at the
project site.
7. TRANSPORTING MATERIALS AND EQUIPMENT ACROSS TRACKS:
Any temporary grade crossings, work mats, or other means needed during
construction by the Contractor for transporting materials of any nature or equipment
across railroad tracks or property of Railroad will be the responsibility of the
Contractor to handle directly with the Railroad and to make all necessary
arrangements and to obtain all required approvals. The Contractor may be required
to execute a written agreement with the Railroad to cover such matters and
appropriate time should be allowed for the preparation and handling of such
agreement. The Contractor will be required to bear all costs incidental to such
matters including watching and flagging services by Railroad personnel.
8. 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 Department and the Railroad; or will be covered
by appropriate revisions to same which will be initiated and approved by the
Department 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,
including any required flagging service, at the Contractor's expense.
9. 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.
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. SPECIAL PROVISION FOR PROTECTION OF RAILWAY INTERESTS
B. No charge or claims of the Contractor against either the Department or the
Railroad will be allowed for hindrance or delay on account of railway traffic, any
work performed or to be performed by the Railroad, or other delay incident to or
necessary for safe maintenance of railway traffic and facilities, or for any delays
due to compliance with this special provision.
10. INSURANCE:
A. In addition to any other forms of insurance or bonds required under the terms of
the contract and specifications, the Contractor will b.e required to carry insurance
of the following kinds:
(1) Contractor's Public Liability and Property Damage Liability Insurance.
The Contractor shall furnish to the Department, for transmittal to the
Railroad, certificate of insurance in TRIPLICATE as evidence that with
respect to the operations he performs he carries regular Contractor's
Public Liability Insurance and regular Contractor's Property Damage
Liability Insurance both providing for limits of not less than $2,000,000.00.
(2) Contractor's Protective Public Liability and Property Damage Liability
Insurance.
The Contractor shall furnish the Department, for transmittal to the Railroad,
certificate of insurance in TRIPLICATE as evidence that with respect to the
operations performed for him by any subcontractor, he carries in his own
behalf regular Contractor's Protective Public Liability Insurance and regular
Contractor's Protective Property Damage Liability Insurance both providing
for limits of not less than $2,000,000.00.
CERTIFICATE HOLDER for (1) and (2) above is as follows:
Central of Georgia Railroad Company
Three Commercial Place
Norfolk, VA 23510-2191
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SP~CIAL 'PROVISION FOR PROTECTION OF RAILWAV INT~RESTS
(3) Railroad Protective Liability Insurance.
The Contractor shall furnish to the Department, for transmittal to the
Railroad, ORIGINAL AND TWO (2) COPIES of Railroad Protective
Insurance Policy with limits of liability as follows:
COVERAGE
MINIMUM COMBINED LIMITS OF LIABILITY
Bodily Injury Liability
Property Damage Liability
]
]
$2,000,000.00 per occurrence
$6,000,OqO.00 aggregate
Physical Damage to Property]
The Standards for this protective insurance shall follow the requirements
of Part 646, Subpart A, of Title 23, Highways, of the Code of Federal
Regulations, current edition.
Railroad protective insurance shall be provided on "ISO-RIMA" (Insurance
Services Office - Railroad Insurance Management Association) policy form
No. CG 00 351093. In addition, ISO Amendatory Endorsement No. CG 28
31 1093 should also be included. The equivalent of the foregoing will also
be acceptable.
THE RAILROAD WILL NOT ACCEPT BINDERS FOR THIS COVERAGE.
NAMED INSURED for Railroad Protective Liability Insurance is as follows:
Central of Georgia Railroad Company
Three Commercial Place
Norfolk, VA 23510-2191
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SPc:C1AL-PROVISION FOR PROTECTION OF RAILWAY INl"ERESTS
.
NOTE: Railroad Protective Liability Insurance may be obtained under a master
policy established by Norfolk Southern Corporation and administered by Johnson
and Higgins of Virginia, Inc., 901 East Byrd Street, Suite 900, P. O. Box 1137,
Richmond, Virginia 23208-1137. A contractor wishing to obtain insurance
through this source may call Johnson and Higgins and handle with their following
representatives; Ms. Carol McGowan, 1-800-876-5442, 804/344-8997 (direct
line), 804/344-8620 (FAX), or Mr. Pete Davis, 1-800-876-5442, 804/344-8666
(direct line) 804/344-8620 (FAX). Johnson and Higgins will notify Norfolk
Southern Corporation and the Department when the insurance is in force. The
contractor must also provide verification to Johnson and Higgins that he has
General Liability Insurance coverage as specified in A. (1) and A. (2) above. This
will eliminate the requirement of paragraph B. for submitting the Railroad
Protective policy and certificates of General Liability' Insurance to the Department
for review and transmittal to the Railroad for approval.
Note that this is only an alternate means of obtaining Railroad Protective
insurance coverage. Coverage obtained by contractors through their own
insurance companies which meets the criteria outlined above will continue to be
acceptable.
B. Evidence of insurance as required in A. above shall be furnished to the address
shown below for review by the Department and transmittal to the Railroad:
Mr. Dudley Ellis, P. E.
State Utilities Engineer
Georgia Department of Transportation
NO.2 Capitol Square
Atlanta, Georgia 30334
The project number, description of the work and designation of the job site to be
shown on all insurance certificates and policies are as follows:
Project: STP-38-2 (27) 01 Burke & Richmond Counties - Construction of SR 56
at grade with track of the Central of Georgia Railroad Company at railroad
milepost 0-111.86 including jacking/boring drainage pipes under track in McBean,
Richmond County, Georgia.
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SPECIAL,PROVISION FOR PROTECTION OF RAILWA~ INTERESTS
.
C. 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.
D. All insurance hereinbefore 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 and the Railroad. Insuring Companies may
cancel insurance by permission of the Department and Railroad or on THIRTY
(30) days written notice to the Department and Railroad as follows:
NOTICE TO:
COpy NOTICE TO:
Mr. David W. Fries, ARM
Risk Management Department
Norfolk Southern Corporation
Three Commercial Place
Norfolk, Virginia 23510-2191
Mr. Dudley Ellis
State Utilities Engineer
Georgia Department of Transportation
NO.2 Capitol Square
Atlanta, Georgia 30334
11. FAILURE TO COMPLY:
In the event the Contractor violates or fails to comply with any of the requirements of
this special provision:
(1) The Railroad Engineer may require that the Contractor vacate Railroad
property.
(2) The Highway 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 Highway Engineer.
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. SPECIAL PROVISION FOR PROTECTION OF RAILWAY INTERESTS
12. PAYMENT FOR COST OF COMPLIANCE:
No separate payment will be made for any cost incurred on account of compliance
with this special provision except as covered below. All such cost shall be included
in prices bid for other items of the work.
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6-14-95 CP
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McBEAN, GEORGIA
CENTRAL OF GEORGIA RAILROAD COMPANY
Estimate for cost of work to be done by Railroad Company or its contractor for the account of the Georgia Department
of Transportation in connection with constructing the SR-56 grade crossing at Milepost 0-111.86 as shown on plan
TB-92-0107-R-2.
MATERIAL:
Timber Guards 1.892 MBM @ $1,053.00 = $1,992
Drive Screw Spikes 264 Each @ 1.50 = 396
Additional Ballast 200 NT @ 6.50 = 1,300
Crossties, New 132 Each @ 26.00 = 3,432
Whistle Board & Post 2 Sets @ 70.00 = 140
Asphalt Paving (Track Area) 60 NT @ 65.00 = 3,900
TOTAL MATERIAL = $11, 160
LABOR:
Remove Track 685 TF @ 3.00 = 2,055
Remove Turnout LS = 2,000
Prepare Area for Crossing LS = 800
Installing Crossties 132 Each. @ 15.00 = 1,980
Distribute Ballast 200 NT @ 2.50 = 500
Install Timber Guards 44 Each @ 20.00 = 880
Install Whistle Boards 2 Sets @ 50.00 = 100
Flagmen and/or Watchmen 80 Hrs. @ 13.11 = 1,049
Composite Payroll Additives
Direct Labor 89.99 % of 9,364 = 8,427
TOTAL LABOR = $17,791
EQUIPMENT RENTAL: = 500
ENGINEERING & CONTINGENCIES: = 549
TOTAL ESTIMATED COST = $30,000
Note: The above estimate does not include the cost of grading, paving except in crossing area, drainage or any
necessary alterations to private or public utilities, which items of cost are to be borne by others than the Railroad
Company.
Office of Chief Engineer - Design & Construction
Norfolk Southern Corporation
Atlanta, Georgia
Date: February 16, 1995
File: 127-2-1996 PND/krm
NOTE: All Charges to ~e
billed at actual cost in
accordance with the force
account agreement.
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