HomeMy WebLinkAboutAGREEMENT WITH CENTRAL OF GEORGIA RAILROAD COMPANY STATING THAT AUGUSTA, GA WILL PAY FOR THE ROAD IMPROVEMENTS ON THE MARVIN GRIFFIN ROAD IMPROVEMENTS PROJECT NS File:CX0085113
s4THIS AGREEMENT, dated as of the day of MC_Gk , 201$is made and entered into by and
between
CENTRAL OF GEORGIA RAILROAD COMPANY, a Georgia corporation, whose mailing address is
Three Commercial Place,Norfolk,Virginia 23510(hereinafter called"RAILWAY");and
AUGUSTA-RICHMOND COUNTY, a Georgia Government Entity, whose mailing address is
535 Telfair Street,Augusta GA 30901 (hereinafter called"LICENSEE").
RECITALS
WHEREAS, LICENSEE,at its own cost and expense,has found it necessary to widen the existing Marvin
Griffin Road at-grade crossing (DOT# 73296911) (the "Facilities"), in the vicinity of RAILWAY Milepost D-
126.75, at or near Augusta,Richmond County,Georgia(the"Premises"), located substantially as shown upon print
of Drawing marked Exhibit A;and
WHEREAS, RAILWAY is willing to permit LICENSEE to enter upon RAILWAY's right of way for
installation, construction, maintenance, operation and removal of the Facilities upon the terms and conditions of
this Agreement;and in accordance with the plans and specifications marked Exhibit B;and
WHEREAS, RAILWAY is willing, at LICENSEE's sole expense, to make modifications to RAILWAY's
right of way and/or appurtenances rendered necessary by LICENSEE's installation, construction, maintenance,
operation and removal of its Facilities in accordance with the force account estimate marked Exhibit D.
NOW THEREFORE, for and in consideration of the premises and mutual covenants contained in this
Agreement,the parties agree as follows:
I. LICENSEE'S FACILITIES
1. Right-of-Entry. RAILWAY, insofar as its rights and title enables it to do so and subject to its
rights to operate and maintain its RAILWAY and RAILWAY appurtenances along, in, and over its right-of-way,
grants LICENSEE, its agents and/or contractors,without compensation,the right to enter upon the Premises, for the
purpose of installation, construction, maintenance, operation and removal of the Facilities, provided that, prior to
entry upon lands of RAILWAY,any agent and/or contractor of LICENSEE must execute and deliver to RAILWAY
a standard contractor right-of-entry agreement in a form approved by RAILWAY in its sole discretion,together with
any certificate(s)of insurance required therein. Furthermore, any crossing of RAILWAY tracks by LICENSEE or
any of its agents and/or contractors must be addressed by a standard temporary crossing agreement in a form
approved by RAILWAY in its sole discretion.
2. Use and Condition of the Premises. The Premises shall be used by LICENSEE only for the
installation,construction,maintenance, operation and removal of the Facilities and for no other purpose without the
prior written consent of RAILWAY, which consent may be withheld by RAILWAY in its sole discretion.
LICENSEE accepts the Premises in their current"as is" condition,as suited for the installation and operation of the
Facilities, and without the benefit of any improvements to be constructed by RAILWAY except insofar as
contemplated by Section II of this Agreement.
3. Construction and Maintenance of the Facilities. LICENSEE shall construct and maintain the
Facilities, at its expense, in such a manner as will not interfere with the operations of RAILWAY or endanger
persons or property of RAILWAY, and in accordance with (a) plans and specifications (if any) shown on said
print(s)marked as Exhibit B and any other specifications prescribed by RAILWAY, (b) applicable governmental
regulations or laws, and (c) applicable specifications adopted by the American RAILWAY Engineering and
Maintenance of Way Association when not in conflict with plans, specifications or regulations mentioned in(a)and
(b) above. LICENSEE and any and all of LICENSEE contractors entering the Premises shall fully comply with
applicable roadway worker protection regulations.
4. Indemnification. LICENSEE herebyagreesto indemnify and save harmless RAILWAY, its
officers,
agents and employees, from and against any and all liability, claims,losses, damages, expenses(including
attorneys' fees) or costs for personal injuries (including death) and/or property damage to whomsoever or
whatsoever occurring which arises or in any manner grows out of(a) the presence of LICENSEE, its employees,
agents and/or contractors on or about the Premises,regardless of whether negligence on the part of RAILWAY, its
officers,agents or employees caused or contributed to said loss of life,personal injury or property loss or damage in
whole or in part;(b)any allegation that RAILWAY is an employer or joint employer of a LICENSEE or is liable for
related employment benefits or tax withholdings; or(c)any decision by RAILWAY to bar or exclude LICENSEE
from the Premises pursuant to the terms of this Agreement.
5. Environmental Matters. LICENSEE assumes all responsibility for any environmental obligations
imposed under applicable laws, regulations or ordinances relating to the installation of the Facilities and/or to any
contamination of any property, water, air or groundwater arising or resulting from LICENSEE's permitted
operations or uses of RAILWAY's property pursuant to this Agreement. In addition, LICENSEE shall obtain any
necessary permits to install the Facilities. LICENSEE agrees to indemnify and hold harmless RAILWAY from and
against any and all liability, fines, penalties, claims, demands, costs (including attorneys' fees), losses or lawsuits
brought by any person, company or governmental entity relating to contamination of any property, water, air or
groundwater due to the use or presence of the Facilities. It is agreed that this indemnity provision extends to any
cleanup costs related to LICENSEE's activities upon RAILWAY's property and to any costs related to cleanup of the
Facilities or to other property caused by the use of the Facilities.
6. Insurance.
(a) Without limiting in any manner the liabilities and obligations assumed by LICENSEE
under any other provision of this Agreement,and as additional protection to RAILWAY,LICENSEE shall,
at its expense, procure and maintain with insurance companies satisfactory to RAILWAY, the following
insurance policies:
(i) A Commercial General Liability Insurance Policy having a combined single
limit of not less than $2,000,000 per occurrence for all loss, damage, cost and expense,
including attorneys' fees, arising out of bodily injury liability and property damage liability
during the policy period. Said policy shall include explosion, collapse, and underground
hazard(XCU)coverage,shall be endorsed to name RAILWAY as the certificate holder and
as an additional insured,and shall include a severability of interests provision;and,
(ii) An original Railroad Protective Liability Insurance Policy naming RAILWAY
as a named insured and having a combined single limit of not less than $2,000,000 each
occurrence and $6,000,000 in the aggregate applying separately to each annual period. If
the project involves track over which passenger trains operate,the insurance limits required
are not less than a combined single limit of$5,000,000 each occurrence and$10,000,000 in
the aggregate applying separately to each annual period.
(b) All insurance required under the preceding subsection (a) shall be underwritten by
insurers and be of such form and content,as may be acceptable to RAILWAY. Prior to the commencement
of installation or maintenance of the Facilities or any entry on RAILWAY's property, LICENSEE shall
furnish to RAILWAY's Director Risk Management, Three Commercial Place, Norfolk, Virginia 23510-
2191 (or such other representative and/or address as subsequently given by RAILWAY to LICENSEE in
writing), for approval, the original policy described in subsection (a)(ii) and a certificate of insurance
evidencing the existence of a policy with the coverage described in subsection(a)(i).
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7. Railway Support. RAILWAY shall, at RAILWAY's option, furnish, at the sole expense of
LICENSEE, labor and materials necessary, in RAILWAY's sole judgment, to support its tracks and to protect its
traffic (including, without limitation, flagging) during the installation, maintenance, repair, renewal or removal of
the Facilities.
8. Special Provisions for Protection of Railway Interests. In connection with the operation and
maintenance of the Facilities,it is agreed that the safety of people and the safety and continuity of RAILWAY's rail
operations shall be of first importance. LICENSEE shall require its employees, agents, contractors, and invitees to
utilize and comply with RAILWAY's directives in this regard and shall require its contractor(s), if any, to comply
with all NSR Special Provisions, attached hereto, and herein incorporated by reference, including any future
amendments, as Exhibit C. As used in the NSR Special Provisions, LICENSEE is the "contractor" should
LICENSEE enter onto the Premises to perform any work contemplated by this Agreement. To ensure such
compliance,LICENSEE shall assign a project manager to function as a single point-of-contact for LICENSEE. Said
project manager is referred to as the"Sponsor's Engineer"in Exhibit C.
9. Safety of Railway Operations. If RAILWAY becomes aware of any safety violations committed
by LICENSEE, its employees, agents and/or contractors, RAILWAY shall so notify LICENSEE, and LICENSEE
shall promptly correct such violation. In the event of an emergency threatening immediate danger to persons or
property, RAILWAY may take corrective actions and shall notify LICENSEE promptly thereafter. LICENSEE
shall reimburse RAILWAY for actual costs incurred in taking such emergency measures. RAILWAY assumes no
additional responsibility for safety on the Premises for LICENSEE, its agents/or contractors by taking these
corrective actions,and LICENSEE,its agents/contractors shall retain full responsibility for such safety violations.
10. Corrective Measures. If LICENSEE fails to take any corrective measures requested by
RAILWAY in a timely manner,or if an emergency situation is presented which,in RAILWAY's judgment,requires
immediate repairs to the Facilities, RAILWAY, at LICENSEE's expense, may undertake such corrective measures
or repairs as it deems necessary or desirable.
11. Railway Changes. If RAILWAY shall make any changes, alterations or additions to the line,
grade, tracks, structures,roadbed, installations,right-of-way or works of RAILWAY, or to the character, height or
alignment of the Electronic Systems, at or near the Facilities,LICENSEE shall, upon thirty(30) days prior written
notice from RAILWAY and at its sole expense,make such changes in the location and character of the Facilities as,
in the opinion of the chief engineering officer of RAILWAY,shall be necessary or appropriate to accommodate any
construction,improvements,alterations,changes or additions of RAILWAY.
12. Assumption of Risk. Unless caused solely by the negligence of RAILWAY or caused solely by
the willful misconduct of RAILWAY, LICENSEE hereby assumes all risk of damage to the Facilities and
LICENSEE's other property relating to its use and occupation of the Premises or business carried on the Premises
and any defects to the Premises; and LICENSEE hereby declares and states that RAILWAY, its officers, directors,
agents and employees shall not be responsible for any liability for such damage.
13. Liens: Taxes. LICENSEE will not permit any mechanic's liens or other liens to be placed upon
the Premises,and nothing in this Agreement shall be construed as constituting the consent or request of RAILWAY,
express or implied,to any person for the performance of any labor or the furnishing of any materials to the Premises,
nor as giving LICENSEE any right,power or authority to contract for or permit the rendering of any services or the
furnishing of any materials that could give rise to any mechanic's liens or other liens against the Premises. In
addition,LICENSEE shall be liable for all taxes levied or assessed against the Facilities and any other equipment or
other property placed by LICENSEE within the Premises. In the event that any such lien shall attach to the Premises
or LICENSEE shall fail to pay such taxes, then, in addition to any other right or remedy available to RAILWAY,
RAILWAY may,but shall not be obligated to, discharge the same. Any amount paid by RAILWAY for any of the
aforesaid purposes,together with related court costs,attorneys'fees,fines and penalties,shall be paid by LICENSEE
to RAILWAY within ten(10)days after RAILWAY's demand therefor.
14. Default;Remedies.
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(a) The following events shall be deemed to be events of default by LICENSEE under this
Agreement:
(i) LICENSEE shall fail to pay any sum of money due hereunder and such failure
shall continue for a period of ten(10)days after the due date thereof;
(ii) LICENSEE shall fail to comply with any provision of this Agreement not
requiring the payment of money, all of which terms, provisions and covenants shall be deemed
material,and such failure shall continue for a period of thirty(30)days after written notice of such
default is delivered to LICENSEE;
(iii) LICENSEE shall become insolvent or unable to pay its debts as they become
due,or LICENSEE notifies RAILWAY that it anticipates either condition;
(iv) LICENSEE takes any action to, or notifies RAILWAY that LICENSEE intends
to file a petition under any section or chapter of the United States Bankruptcy Code, as amended
from time to time,or under any similar law or statute of the United States or any State thereof;or a
petition shall be filed against LICENSEE under any such statute;or
(v) a receiver or trustee shall be appointed for LICENSEE's license interest
hereunder or for all or a substantial part of the assets of LICENSEE,and such receiver or trustee is
not dismissed within sixty(60)days of the appointment.
(b) Upon the occurrence of any event or events of default by LICENSEE, whether
enumerated in this paragraph 15 or not, RAILWAY shall have the option to pursue any remedies available
to it at law or in equity without any additional notices to LICENSEE. RAILWAY's remedies shall include,
but not be limited to, the following: (i) termination of this Agreement, in which event LICENSEE shall
immediately surrender the Premises to RAILWAY; (ii) entry into or upon the Premises to do whatever
LICENSEE is obligated to do under the terms of this License, in which event LICENSEE shall reimburse
RAILWAY on demand for any expenses which RAILWAY may incur in effecting compliance with
LICENSEE's obligations under this License, but without rendering RAILWAY liable for any damages
resulting to LICENSEE or the Facilities from such action;and(iii)pursuit of all other remedies available to
RAILWAY at law or in equity,including,without limitation,injunctive relief of all varieties.
15. Railway Termination Right. Notwithstanding anything to the contrary in this Agreement,
RAILWAY shall have the right to terminate this Agreement and the rights granted hereunder, after delivering to
LICENSEE written notice of such termination no less than sixty(60) days prior to the effective date thereof, upon
the occurrence of any one or more of the following events:
(a) If LICENSEE shall discontinue the use or operations of the Facilities; or
(b) If RAILWAY shall be required by any governmental authority having jurisdiction over
the Premises to remove, relocate, reconstruct or discontinue operation of its railroad on or about the
Premises;or
(c) If RAILWAY,in the good faith judgment of its Superintendent, shall require a change in
the location or elevation of its railroad on or about the location of the Facilities or the Premises that might
effectively prohibit the use or operation of the Facilities;or
(d) If RAILWAY, in the good faith judgment of its Superintendent, determines that the
maintenance or use of the Facilities unduly interferes with the operation and maintenance of the facilities of
RAILWAY, or with the present or future use of such property by RAILWAY, its lessees, affiliates,
successors or assigns,for their respective purposes.
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16. Condemnation. If the Premises or any portion thereof shall be taken or condemned in whole or in
part for public purposes,or sold in lieu of condemnation,then this Agreement and the rights granted to LICENSEE
hereunder shall,at the sole option of RAILWAY,forthwith cease and terminate. All compensation awarded for any
taking (or sale proceeds in lieu thereof) shall be the property of RAILWAY, and LICENSEE shall have no claim
thereto,the same being hereby expressly waived by LICENSEE.
17. Removal of Facilities; Survival. The Facilities are and shall remain the personal property of
LICENSEE. Upon the termination of this Agreement, LICENSEE shall remove the Facilities from the Premises
within thirty(30) days after the effective date thereof. In performing such removal, unless otherwise directed by
RAILWAY, LICENSEE shall restore the Premises to the same condition as existed prior to the installation or
placement of Facilities, reasonable wear and tear excepted. In the event LICENSEE shall fail to so remove the
Facilities or restore the Premises, the Facilities shall be deemed to have been abandoned by LICENSEE, and the
same shall become the property of RAILWAY for RAILWAY to use,remove,destroy or otherwise dispose of at its
discretion and without responsibility for accounting to LICENSEE therefor; provided, however, in the event
RAILWAY elects to remove the Facilities, RAILWAY, in addition to any other legal remedy it may have, shall
have the right to recover from LICENSEE all costs incurred in connection with such removal and the restoration of
the Premises. Notwithstanding anything to the contrary contained in this Agreement, the termination of this
Agreement shall not relieve LICENSEE from LICENSEE's obligations accruing prior to the termination date, and
such obligations shall survive any such termination of this Agreement.
18. Interests in Real Property
LICENSEE shall acquire or settle all property,property rights and all damages to property affected by the
installation, construction, maintenance, and operation of the Facilities. The cost of said property, property rights
and damages to property shall be borne by LICENSEE.
RAILWAY,insofar as it has the legal right so to do,shall permit LICENSEE to enter upon lands owned or
operated by RAILWAY to construct and occupy its property with sufficient width to permit construction and
maintenance of the Facilities. LICENSE and RAILWAY shall enter into good faith negotiations for a price to be
consistent with the property interest determined by LICENSEE to be needed for the proposed improvement.
However, the price to be paid by LICENSEE to RAILWAY for said conveyances (representing the fair
market value thereof plus damages, if any,to the residue)shall be as mutually agreed upon within nine(9)months
from the date of occupancy by LICENSEE, and if agreement as to price is reached, an additional period of ninety
(90)days shall be allowed for settlement,it being agreed however,that if no agreement as to price is reached within
the aforesaid nine(9)month period,LICENSEE will within ninety(90)days thereafter institute an eminent domain
proceeding authorized by law for the determination of the value of same. The provisions of this Agreement shall
survive the institution of such eminent domain proceeding.
LICENSEE shall furnish the plans and descriptions for any such conveyance. It is understood, however,
that the foregoing right of entry is a permissive use only, and this Section is not intended to convey or obligate
RAILWAY to convey any interest in its land.
II. SCOPE OF RAILROAD PROJECT, AND MAINTENANCE AND OWNERSHIP OF PROJECT
IMPROVEMENTS
1. Scope of Work. The scope of the work by RAILWAY shall include any necessary acquisition of
right-of-way, permitting, design, construction, and construction-related activities including, but not limited to,
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inspection, flagging, and superintendence, within and along RAILWAY property necessary to facilitate
LICENSEE's installation,construction,maintenance,operation and removal of the Facilities("Railroad Project").
2. Construction of the Railroad Project. The RAILWAY shall construct the Railroad Project in
accordance with the force account estimate,attached as Exhibit D and herein incorporated by reference,including
any future amendments thereto,and all applicable state and federal laws.
(a) All work performed by the RAILWAY related to the Railroad Project and consistent with
the force account estimate will be deemed reimbursable project expenses, and shall be at no cost to the
RAILWAY.
(b) RAILWAY shall accomplish work on the Railroad Project by the following: (i)railroad
force account; (ii) existing continuing contracts at reasonable costs; (iii) contracting with the lowest
responsible bidder based on appropriate solicitation;or(iv)contract without competitive bidding for minor
work at reasonable costs.
3. Maintenance and Ownership of the Railroad Project. Upon completion of the Railroad Project,
the RAILWAY shall own and, at its own cost and expense,maintain the Railroad Project improvements until such
time as RAILWAY deems such maintenance to no longer be necessary.
4. Construction of the Railroad Project. Execution of this Agreement constitutes LICENSEE's
issuance of a notice to proceed to RAILWAY with the Railroad Project("Notice to Proceed"). RAILWAY shall
make commercially reasonable efforts to commence construction on the Railroad Project as soon as possible, in
RAILWAY's sole discretion,after the date of availability for RAILWAY to commence its construction activities on
the Railroad Project.
5. Reimbursement by LICENSEE.
(a) RAILWAY shall furnish, or cause to be furnished, at the expense of the LICENSEE all
the labor costs, overhead and indirect construction costs, materials and supplies, contracted services,
transportation, equipment,and other related costs and items required to perform and complete the Railroad
Project. In addition, RAILWAY shall furnish, at the expense of LICENSEE, the protection of rail traffic
occasioned by or made necessary by entry by LICENSEE and/or its contractors or any subcontractor(s)
pursuant to this Agreement.
(b) Except as otherwise provided in this Agreement, LICENSEE shall reimburse the
RAILWAY for the actual cost of the work performed by it, which is estimated to be Six Hundred
Seventy-Nine Thousand,Six Hundred Thirty-Five Dollars and Zero Cents($679,635.00). It is agreed
that progress payments will be made by LICENSEE to the RAILWAY for the total amount of work done as
shown on monthly statements. LICENSEE shall pay each RAILWAY statement within forty-five (45)
days of receipt. Upon receipt of the final bill, RAILWAY shall be reimbursed in such amounts as are
proper and eligible for final payment, and the RAILWAY Project shall be submitted to LICENSEE for
final audit.
(c) Incurred Costs. The reimbursement amounts for all costs billed under this Agreement
shall be subject to the applicable Federal principles and based on the full actual costs plus Approved Labor
Additives. Design costs incurred by RAILWAY prior to issuance of the Notice to Proceed shall be
reimbursed by LICENSEE.
III. GENERAL PROVISIONS
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1. Assignment and Successors. This Agreement shall be binding upon and shall inure to the benefit
of,and shall be enforceable by,the parties hereto and their respective permitted successors and assigns.
2. Limitations Upon Damages. Notwithstanding any other provision of this Agreement,RAILWAY
shall not be liable for breach of this Agreement or under this Agreement for any consequential, incidental,
exemplary,punitive, special,business damages or lost profits, as well as any claims for death,personal injury, and
property loss and damage which occurs by reason of, or arises out of, or is incidental to the interruption in or usage
of the Facilities placed upon or about the Premises by LICENSEE,including without limitation any damages under
such claims that might be considered consequential, incidental, exemplary, punitive, special, business damages or
loss profits.
3. Miscellaneous. All exhibits, attachments, riders and addenda referred to in this Agreement are
incorporated into this Agreement and made a part hereof for all intents and purposes. Time is of the essence with
regard to each provision of this Agreement. This Agreement shall be construed and interpreted in accordance with
and governed by the laws of the State in which the Premises are located. Each covenant of RAILWAY and
LICENSEE under this Agreement is independent of each other covenant under this Agreement. No default in
performance of any covenant by a party shall excuse the other party from the performance of any other covenant.
4. Notice to Parties. Whenever any notice, statement or other communication is required under this
Agreement,it shall be sent to the contact below except as otherwise provided in this Agreement or unless otherwise
specifically advised.
As to LICENSEE:
Attn:Hameed Malik,Ph.D;P.E.Director
Engineering Department
Augusta-Richmond County
535 Telfair St.Augusta,GA 30901
As to RAILWAY:
c/o Norfolk Southern Corporation
1200 Peachtree Street,N.E.
Atlanta,Georgia 30309-3504
Attention:Public Projects Engineer
Either party may, by notice in writing, direct that future notices or demands be sent to a different address. All
notices hereunder shall be deemed given upon receipt(or,if rejected,upon rejection).
5. Severability.The invalidity of any section, subsection,clause or provision of this Agreement shall
not affect the validity of the remaining sections, subsections,clauses or provisions of this contract.
6. No Third Party Beneficiary. This Agreement shall be for the benefit of the parties only, and no
person, firm or corporation shall acquire any rights whatsoever by virtue of this Agreement, except LICENSEE and
the RAILWAY and their successors and assigns.
7. Force Majeure. The parties agree to pursue the completion of the Railroad Project in accordance
with the requirements of this Agreement. No party shall be held responsible to the other for delays caused by Force
Majeure events, and such delays shall not be deemed a breach or default under this Agreement. In no event shall
Force Majeure events excuse LICENSEE from its obligation to make payment to RAILWAY in accordance with
this Agreement. Further the parties agree that the resolution or settlement of strikes or other labor disputes shall not
be deemed to be within the control or reasonable control of the affected party. If any party is unable to complete
work assigned to it due to a condition of Force Majeure or other conditions beyond the reasonable control of said
party,then said party will diligently pursue completion of the item that is delayed once said condition or conditions
are no longer in effect. For purposes of this Agreement,Force Majeure events are defined as circumstances beyond
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a party's reasonable control that delay performance and may include, but are not limited to, acts of God, actions or
decrees of governmental bodies (beyond control of the parties), acts of the public enemy, labor disputes, fires,
insurrections,and floods.
8. Amendment: Entire Agreement. This Agreement may be amended only in writing executed by
authorized representatives of the parties hereto. No verbal change, modification, or amendment shall be effective
unless in writing and signed by authorized representatives of the parties. The provisions hereof constitute the entire
Agreement between the parties and supersede any verbal statement,representations,or warranties,stated or implied.
9. Waiver of Workers Compensation Immunity. In the event that all or a portion of the Premises is
location in the State of Ohio, LICENSEE, with respect to the indemnification provisions contained in this
Agreement, hereby expressly waives any defense or immunity granted or afforded LICENSEE pursuant to Section
35, Article II of the Ohio Constitution and Section 4123.74 of the Ohio Revised Code. In the event that all or a
portion of the Premises is located in the Commonwealth of Pennsylvania, LICENSEE, with respect to the
indemnification provisions contained in this Agreement,hereby expressly waives any defense or immunity granted
or afforded LICENSEE pursuant to Pennsylvania Workers'Compensation Act,77 P.S.481.
10. Independent Contractors. The parties agree that LICENSEE and its agents and/or contractors,
shall not be deemed either agents or independent contractors of RAILWAY. Except as otherwise provided by this
Agreement,RAILWAY shall exercise no control whatsoever over the employment, discharge, compensation of, or
services rendered by LICENSEE or its contractors. Notwithstanding the foregoing,this paragraph shall in no way
affect the absolute authority of RAILWAY to temporarily prohibit LICENSEE, its agents and/or contractors, or
persons not associated with LICENSEE from entering RAILWAY property, or to require the removal of any person
from RAILWAY property, if RAILWAY determines, in its sole discretion, that such person is not acting in a safe
manner or that actual or potential hazards in,on,or about the Railroad Project Work exist.
11. Meaning of"Railway". The word "RAILWAY" as used herein shall include any other company
whose property at the aforesaid location may be leased or operated by RAILWAY. Said term also shall include
RAILWAY's officers, directors, agents and employees, and any parent company, subsidiary or affiliate of
RAILWAY and their respective officers,directors,agents and employees.
12. Approval of Plans. By its review and approval,if any,of the plans marked as Exhibit B,
RAILWAY signifies only that the plans and improvements to be constructed in accordance with the plans satisfy the
RAILWAY's requirements. RAILWAY expressly disclaims all other representations and warranties in connection
with said plans,including,but not limited to,the integrity,suitability or fitness for the purposes of the LICENSEE or
any other person(s)of the plans or improvements constructed in accordance with the plans.
IN WITNESS WHEREOF, the parties have, through duly authorized representatives, entered into this Agreement
effective the day and year first written above.
AUGUSTA-RICHMOND COUNTY, a CENTRAL OF GEORGIA RAILROAD
Georgia Government Entity COMPANY,a Georgia corporation
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EXHIBIT C
Special Provisions for Protection of Railway Interests
1. AUTHORITY OF RAILROAD ENGINEER AND SPONSOR ENGINEER:
Norfolk Southern Railway Company, hereinafter referred to as"Railroad", and their authorized
representative shall have final authority in all matters affecting the safe maintenance of railroad
traffic including the adequacy of the foundations and structures supporting the railroad tracks. For
Public Projects impacting the Railroad,the Railroad's Public Projects Engineer,hereinafter referred to as
"Railroad Engineer",will serve as the authorized representative of the Railroad.
The authorized representative of the Project Sponsor("Sponsor"), hereinafter referred to as the
"Sponsor's Engineer", shall have authority over all other matters as prescribed herein and in the
Project Specifications.
The Sponsor's Prime Contractor,hereinafter referred to as"Contractor"shall be responsible for
completing any and all work in accordance with the terms prescribed herein and in the Project
Specifications. These terms and conditions are subject to change without notice,from time to time in the
sole discretion of the Railroad. Contractor must request from Railroad and follow the latest version of
these provisions prior to commencing work.
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. Signed and received a fully executed copy of the required Norfolk Southern Contractor
Right of Entry Agreement.
2. Given the Railroad written notice in electronic format to the Railroad Engineer,with
copy to the Sponsor's Engineer who has been designated to be in charge of the work,at
least ten days in advance of the date he proposes to begin work on Railroad rights-of-
way.
3. Obtained written approval from the Railroad of Railroad Protective Liability Insurance
coverage as required by paragraph 14 herein. It should be noted that the Railroad
does not accept notation of Railroad Protective insurance on a certificate of
liability insurance form or Binders as Railroad must have the full original
countersigned policy. Further, please note that mere receipt of the policy is not
the only issue but review for compliance. Due to the number of projects system-
wide,it typically takes a minimum of 30-45 days for the Railroad to review.
4. Obtained Railroad's Flagging Services as required by paragraph 7 herein.
5. Obtained written authorization from the Railroad to begin work on Railroad's
rights-of-way, such authorization to include an outline of specific conditions with
which he must comply.
6. Furnished a schedule for all work within the Railroad's rights-of-way as required by
paragraph 7.B.1.
B. 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
Special Provisions for Protection of Railway Interests
August 28,2017
EXHIBIT C
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:
A. The Contractor shall so arrange and conduct his work that there will be no interference with
Railroad's operations,including train,signal,telephone and telegraphic services,or damage to
the property of the Railroad or to poles, wires, and other facilities of tenants on the rights-
of-way of the Railroad. Whenever work is liable to affect the operations or safety of
trains,the method of doing such work shall first be submitted to the Railroad Engineer for
approval, but such approval shall not relieve the Contractor from liability. Any work to be
performed by the Contractor which requires flagging service or inspection service shall be
deferred by the Contractor until the flagging service or inspection service required by the
Railroad is available at the job site.
B. Whenever work within Railroad's rights-of-way is of such a nature that impediment to
Railroad's operations such as use of runaround 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 and property of the Railroad, the
Contractor shall make such provisions. If in the judgment of the Railroad Engineer, or in
his absence, the Railroad's Division Engineer, such provisions is insufficient, either may
require or provide 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 Sponsor.
D. "One Call"Services do not locate buried Railroad utilities. The contractor shall contact the
Railroad's representative 2 days in advance of work at those places where excavation,pile
driving,or heavy loads may damage the Railroad's underground facilities. Upon request from the
Contractor or Sponsor,Railroad forces will locate and paint mark or flag the Railroad's
underground facilities. The Contractor shall avoid excavation or other disturbances of these
facilities. If disturbance or excavation is required near a buried Railroad facility,the contractor
shall coordinate with the Railroad to have the facility potholed manually with careful hand
excavation. The facility shall be protected by the Contractor during the course of the disturbance
under the supervision and direction of the Railroad's representative.
4. TRACK CLEARANCES:
A. The minimum track clearances to be maintained by the Contractor during construction are
shown on the Project Plans. If temporary clearances are not shown on the project plans,the
following criteria shall govern the use of falsework and formwork above or adjacent to operated
tracks.
1. A minimum vertical clearance of 22'-0"above top of highest rail shall be maintained at
all times.
2. A minimum horizontal clearance of 13'-0"from centerline of tangent track or 14'-0"
from centerline of curved track shall be maintained at all times. Additional horizontal
clearance may be required in special cases to be safe for operating conditions. This
additional clearance will be as determined by the Railroad Engineer.
Special Provisions for Protection of Railway Interests
August 28,2017
EXHIBIT C
3. All proposed temporary clearances which are less than those listed above must be
submitted to Railroad Engineer for approval prior to construction and must also be
authorized by the regulatory body of the State if less than the legally prescribed
clearances.
4. The temporary clearance requirements noted above shall also apply to all other physical
obstructions including,but not limited to: stockpiled materials, parked equipment,
placement or driving of piles,and bracing or other construction supports.
B. Before undertaking any work within Railroad right-of-way, and 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 Sponsor's Engineer has received copies of notice to the Railroad and
of the Railroad's response thereto.
5. CONSTRUCTION PROCEDURES:
A. General:
1. Construction work and operations by the Contractor on Railroad property shall be:
a. Subject to the inspection and approval of the Railroad Engineer or their
designated Construction Engineering Representative.
b. In accordance with the Railroad's written outline of specific conditions.
c. In accordance with the Railroad's general rules, regulations and
requirements including those relating to safety,fall protection and personal
protective equipment.
d. In accordance with these Special Provisions.
2. Submittal Requirements
a. The Contractor shall submit all construction related correspondence and
submittals electronically to the Railroad Engineer.
b. The Contractor shall allow for 30 days for the Railroad's review and response.
c. All work in the vicinity of the Railroad's property that has the potential to affect
the Railroad's train operations or disturb the Railroad's Property must be
submitted and approved by the Railroad prior to work being performed.
d. All submittals and calculations must be signed and sealed by a registered
engineer licensed in the state of the project work.
Special Provisions for Protection of Railway Interests
August 28,2017
EXHIBIT C
e. All submittals shall first be approved by the Sponsor's Engineer and the
Railroad Engineer,but such approval shall not relieve the Contractor from
liability.
f. For all construction projects,the following submittals,but not limited to those
listed below,shall be provided for review and approval when applicable:
(1) General Means and Methods
(2) Ballast Protection
(3) Construction Excavation&Shoring
(4) Pipe,Culvert,&Tunnel Installations
(5) Demolition Procedure
(6) Erection&Hoisting Procedure
(7) Debris Shielding or Containment
(8) Blasting
(9) Formwork for the bridge deck,diaphragms,overhang brackets,and
protective platforms
(10)Bent Cap Falsework. A lift plan will be required if the contractor want
to move the falsework over the tracks.
g. For Undergrade Bridges(Bridges carrying the Railroad)the following submittals
in addition to those listed above shall be provided for review and approval:
(1) Shop Drawings
(2) Bearing Shop Drawings and Material Certifications
(3) Concrete Mix Design
(4) Structural Steel,Rebar,and/or Strand Certifications
(5) 28 day Cylinder Test for Concrete Strength
(6) Waterproofing Material Certification
(7) Test Reports for Fracture Critical Members
(8) Foundation Construction Reports
Fabrication may not begin until the Railroad has approved the required shop
drawings.
h. The Contractor shall include in all submissions a detailed narrative indicating
the progression of work with the anticipated timeframe to complete each task.
Work will not be permitted to commence until the Contractor has provided the
Railroad with a satisfactory plan that the project will be undertaken without
scheduling,performance or safety related issues. Submission shall also provide
a listing of the anticipated equipment to be used,the location of all equipment
to be used and insure a contingency plan of action is in place should a primary
piece of equipment malfunction.
B. Ballast Protection
1. The Contractor shall submit the proposed ballast protection system detailing the specific
filter fabric and anchorage system to be used during all construction activities.
Special Provisions for Protection of Railway Interests
August 28,2017
EXHIBIT C
2. The ballast protection is to extend 25'beyond the proposed limit of work,be installed at
the start of the project and be continuously maintained to prevent all contaminants
from entering the ballast section of all tracks for the entire duration of the project.
C. Excavation:
1. 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 substandard,
in which case existing section will be maintained.
2. Additionally,the Railroad will require the installation of an OSHA approved handrail and
orange construction safety fencing for all excavations of the Railroad right-of-way.
D. Excavation for Structures and Shoring Protection:
1. The Contractor will be required to take special precaution and care in connection
with excavating and shoring pits,and in driving piles or sheeting 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.
2. All plans and calculations for shoring shall be prepared,signed,and sealed by a
Registered Professional Engineer licensed in the state of the proposed project,in
accordance with Norfolk Southern's Overhead Grade Separation Design Criteria,
subsection H.1.6.E-Construction Excavation(Refer to Norfolk Southern Public Projects
Manual Appendix H). The Registered Professional Engineer will be responsible for the
accuracy for all controlling dimensions as well as the selection of soil design values
which will accurately reflect the actual field conditions.
3. The Contractor shall provide a detailed installation and removal plan of the shoring
components. Any component that will be installed via the use of a crane or any other
lifting device shall be subject to the guidelines outlined in section 5.G of these
provisions.
4. The Contractor shall be required to survey the track(s)and Railroad embankment and
provide a cross section of the proposed excavation in relation to the tracks.
5. Calculations for the proposed shoring should include deflection calculations.The
maximum deflection for excavations within 18'-0"of the centerline of the nearest track
shall be 3/8". For all other cases,the max deflection shall not exceed%".
6. Additionally,the Railroad will require the installation of an OSHA approved handrail and
orange construction safety fencing for all excavations of the Railroad right-of-way.
7. The front face of shoring located to the closest NS track for all shoring set-ups located
in Zone 2 as shown on NS Typical Drawing No.4—Shoring Requirements(Appendix I)
shall remain in place and be cut off 2'-0"below the final ground elevation. The
remaining shoring in Zone 2 and all shoring in Zone 1 may be removed and all voids
must be backfilled with flowable fill.
E. Pipe,Culvert,&Tunnel Installations
Special Provisions for Protection of Railway Interests
August 28,2017
EXHIBIT C
1. Pipe,Culvert,&Tunnel Installations shall be in accordance with the appropriate Norfolk
Southern Design Specification as noted below:
a. For Open Cut Method refer to Norfolk Southern Public Projects Manual
Appendix H.4.6.
b. For Jack and Bore Method refer to Norfolk Southern Public Projects Manual
Appendix H.4.7.
c. For Tunneling Method refer to Norfolk Southern Public Projects Manual
Appendix H.4.8.
2. The installation methods provided are for pipes carrying storm water or open flow run-
off. All other closed pipeline systems shall be installed in accordance Norfolk Southern's
Pipe and Wire Program and the NSCE-8
F. Demolition Procedures
1. General
a. Demolition plans are required for all spans over the track(s),for all spans
adjacent to the track(s),if located on(or partially on) Railroad right-of-way;and
in all situations where cranes will be situated on,over,or adjacent to Railroad
right-of-way and within a distance of the boom length plus 15'-0"from the
centerline of track.
b. Railroad tracks and other Railroad property must be protected from damage
during the procedure.
c. A pre-demolition meeting shall be conducted with the Sponsor,the Railroad
Engineer or their representative,and the key Contractor's personnel prior to
the start of the demolition procedure.
d. The Railroad Engineer or his designated representative must be present at
the site during the entire demolition procedure period.
e. Existing,obsolete,bridge piers shall be removed to a sufficient depth below
grade to enable restoration of the existing/proposed track ditch,but in no case
less than 2'-0" below final grade.
2. Submittal Requirements
a. In addition to the submittal requirements outlined in Section 5.A.2 of these
provisions,the Contractor shall submit the following for approval by the
Railroad Engineer:
(1) A plan showing the location of cranes,horizontally and vertically,
operating radii,with delivery or disposal locations shown. The
location of all tracks and other Railroad facilities as well as all
obstructions such as wire lines,poles,adjacent structures,etc. must
also be shown.
Special Provisions for Protection of Railway Interests
August 28,2017
EXHIBIT C
(2) Rating sheets showing cranes or lifting devices to be adequate for
150% of the actual weight of the pick,including all rigging
components. A complete set of crane charts,including crane,
counterweight,and boom nomenclature is to be submitted. Safety
factors that may have been"built-in"to the crane charts are not to be
considered when determining the 150%factor of safety.
(3) Plans and computations showing the weight of the pick must be
submitted. Calculations shall be made from plans of the existing
structure showing complete and sufficient details with supporting
data for the demolition the structure. If plans do not exist, lifting
weights must be calculated from field measurements. The field
measurements are to be made under the supervision of the
Registered Professional Engineer submitting the procedure and
calculations.
(4) The Contractor shall provide a sketch of all rigging components from
the crane's hook block to the beam. Catalog cuts or information
sheets of all rigging components with their lifting capacities shall be
provided. All rigging must be adequate for 150%of the actual weight
of the pick. Safety factors that may have been"built-in"to the rating
charts are not to be considered when determining the 150%factor of
safety. All rigging components shall be clearly identified and tagged
with their rated lifting capacities. The position of the rigging in the
field shall not differ from what is shown on the final plan without prior
review from the Sponsor and the Railroad.
(5) A complete demolition procedure,including the order of lifts,time
required for each lift,and any repositioning or re-hitching of the crane
or cranes.
(6) Design and supporting calculations for the temporary support of
components,including but not limited to the stability of the
superstructure during the temporary condition,temporary girder tie-
downs and falsework.
3. Overhead Demolition Debris Shield
a. The demolition debris shield shall be installed prior to the demolition of the
bridge deck or other relevant portions of the superstructure over the track area
to catch all falling debris.
b. The demolition debris shield shall provide a minimum vertical clearance as
specified in Section 4.A.1 of these provisions or maintain the existing vertical
clearance if the existing clearance is less than that specified in Section 4.A.1.
c. The Contractor shall include the demolition debris shield installation/removal
means and methods as part of the proposed Demolition procedure submission.
d. The Contractor shall submit the demolition debris shield design and supporting
calculations for approval by the Railroad Engineer.
Special Provisions for Protection of Railway Interests
August 28,2017
EXHIBIT C
e. The demolition debris shield shall have a minimum design load of 50 pounds
per square foot plus the weight of the equipment,debris,personnel,and other
loads to be carried.
f. The Contractor shall include the proposed bridge deck removal procedure in
its demolition means and methods and shall verify that the size and quantity of
the demolition debris generated by the procedure does not exceed the shield
design loads.
g. The Contractor shall clean the demolition debris shield daily or more
frequently as dictated either by the approved design parameters or as directed
by the Railroad Engineer.
4. Vertical Demolition Debris Shield
a. A vertical demolition debris shield may be required for substructure removals
in close proximity to the Railroad's track and other facilities,as determined by
the Railroad Engineer.
G. Erection&Hoisting Procedures
1. General
a. Erection plans are required for all spans over the track(s),for all spans adjacent
to the track(s),if located on(or partially on)Railroad right-of-way;and in all
situations where cranes will be situated on,over,or adjacent to Railroad right-
of-way and within a distance of the boom length plus 15'-0"from the
centerline of track.
b. Railroad tracks and other Railroad property must be protected from damage
during the erection procedure.
c. A pre-erection meeting shall be conducted with the Sponsor,the Railroad
Engineer or their representative,and the key Contractor's personnel prior to
the start of the erection procedure.
d. The Railroad Engineer or his designated representative must be present at
the site during the entire erection procedure period.
e. For field splices located over Railroad property,a minimum of 50%of the holes
for each connection shall be filled with bolts or pins prior to releasing the
crane. A minimum of 50%of the holes filled shall be filled with bolts. All bolts
must be appropriately tightened. Any changes to previously approved field
splice locations must be submitted to the Railroad for review and approval.
Refer to Norfolk Southern's Overhead Grade Separation Design Criteria for
additional splice details(Norfolk Southern Public Projects Manual Appendix
H.1,Section 4.A.3.).
Special Provisions for Protection of Railway Interests
August 28,2017
EXHIBIT C
2. Submittal Requirements
a. In addition the submittal requirements outlined in Section 5.A.2 of these
provisions,the Contractor shall submit the following for approval by the
Railroad Engineer:
(1) As-built beam seat elevations-All as-built bridge seats and top of rail
elevations shall be furnished to the Railroad Engineer for review and
verification at least 30 days in advance of the erection,to ensure that
minimum vertical clearances as approved in the plans will be achieved.
(2) A plan showing the location of cranes,horizontally and vertically,
operating radii,with delivery or staging locations shown. The location
of all tracks and other Railroad facilities as well as all obstructions such
as wire lines,poles,adjacent structures,etc. must also be shown.
(3) Rating sheets showing cranes or lifting devices to be adequate for
150% of the actual weight of the pick,including all rigging
components. A complete set of crane charts,including crane,
counterweight,and boom nomenclature is to be submitted. Safety
factors that may have been"built-in"to the crane charts are not to be
considered when determining the 150%factor of safety.
(4) Plans and computations showing the weight of the pick must be
submitted. Calculations shall be made from plans of the
proposed structure showing complete and sufficient details with
supporting data for the erection of the structure. If plans do not
exist, lifting weights must be calculated from field measurements.
The field measurements are to be made under the supervision of
the Registered Professional Engineer submitting the procedure and
calculations.
(5) The Contractor shall provide a sketch of all rigging components from
the crane's hook block to the beam. Catalog cuts or information
sheets of all rigging components with their lifting capacities shall be
provided. All rigging must be adequate for 150%of the actual weight
of the pick. Safety factors that may have been"built-in"to the rating
charts are not to be considered when determining the 150%factor of
safety. All rigging components shall be clearly identified and tagged
with their rated lifting capacities. The position of the rigging in the
field shall not differ from what is shown on the final plan without prior
review from the Sponsor and the Railroad.
(6) A complete erection procedure,including the order of lifts,time
required for each lift,and any repositioning or re-hitching of the crane
or cranes.
(7) Design and supporting calculations for the temporary support of
components,including but not limited to temporary girder tie-downs
and falsework.
Special Provisions for Protection of Railway Interests
9
August 28,2017
EXHIBIT C
H. Blasting:
1. The Contractor shall obtain advance approval of the Railroad Engineer and the
Sponsor 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 and a licensed blaster.
b. Electric detonating fuses shall not be used because of the possibility of
premature explosions resulting from operation of two-way radios.
c. No blasting shall be done without the presence of the Railroad Engineer or his
authorized representative. At least 72 hours advance notice to the person
designated in the Railroad's notice of authorization to proceed (see
paragraph 2.B) 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.
e. The blasting Contractor shall have a copy of the approved blasting plan on hand
while on the site.
f. Explosive materials or loaded holes shall not be left unattended at the blast
site.
g. A seismograph shall be placed on the track shoulder adjacent to each blast
which will govern the peak particle velocity of two inches per second.
Measurement shall also be taken on the ground adjacent to structures as
designated by a qualified and independent blasting consultant. The Railroad
reserves the option to direct the placement of additional seismographs at
structures or other locations of concern,without regard to scaled distance.
h. After each blast,the blasting Contractor shall provide a copy of their drill log
and blast report,which includes number of holes,depth of holes, number of
decks,type and pounds of explosives used per deck.
i. The Railroad may require top of rail elevations and track centers taken before,
during and after the blasting and excavation operation to check for any track
misalignment resulting from the Contractor's activities.
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10
August 28,2017
EXHIBIT C
2. The Railroad representative will:
a. Determine approximate location of trains and advise the Contractor the
appropriate 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.
3. The Contractor must hire,at no expense to the Railroad,a qualified and independent
blasting consultant to oversee the use of explosives. The blasting consultant will:
a. Review the Contractor's proposed drilling and loading patterns,and with the
blasting consultant's personnel and instruments,monitor the blasting
operations.
b. Confirm that the minimum amounts of explosives are used to remove the rock.
c. Be empowered to intercede if he concludes that the Contractor's blasting
operations are endangering the Railway.
d. Submit a letter acknowledging that he has been engaged to oversee the entire
blasting operation and that he approves of the blasting plan.
e. Furnish copies of all vibration readings to the Railroad representative
immediately after each blast. The representative will sign and date the
seismograph tapes after each shot to verify the readings are for that specific
shot.
f. Advise the Railroad representative as to the safety of the operation and notify
him of any modifications to the blasting operation as the work progresses.
4. The request for permission to use explosives on the Railroad's Right-of-Way shall
include a blasting proposal providing the following details:
a. A drawing which shows the proposed blasting area,location of nearest hole
and distance to Railway structures,all with reference to the centerline of track.
b. Hole diameter.
c. Hole spacing and pattern.
d. Maximum depth of hole.
e. Maximum number of decks per hole.
f. Maximum pounds of explosives per hole.
g. Maximum pounds of explosives per delay.
h. Maximum number of holes per detonation.
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August 28,2017
EXHIBIT C
i. Type of detonator and explosives to be used. (Electronic detonating devices
will not be permitted). Diameter of explosives if different from hole diameter.
j. Approximate dates and time of day when the explosives are to be detonated.
k. Type of flyrock protection.
I. Type and patterns of audible warning and all clear signals to be used before
and after each blast.
m. A copy of the blasting license and qualifications of the person directly in charge
of the blasting operation,including their name,address and telephone number.
n. A copy of the Authority's permit granting permission to blast on the site.
o. A letter from the blasting consultant acknowledging that he has been engaged
to oversee the entire blasting operation and that he approves of the blasting
plan.
p. In addition to the insurance requirements outlined in Paragraph 14 of these
Provisions,A certificate of insurance from the Contractor's insurer stating the
amount of coverage for XCU(Explosive Collapse and Underground Hazard)
insurance and that XCU Insurance is in force for this project.
q. A copy of the borings and Geotechnical information or report.
I. Track Monitoring
1. At the direction of the Railroad Engineer,any activity that has the potential to disturb
the Railroad track structure may require the Contractor to submit a detailed track
monitoring program for approval by the Railroad Engineer.
2. The program shall specify the survey locations,the distance between the location
points,and frequency of monitoring before,during,and after construction. Railroad
reserves the right to modify the survey locations and monitoring frequency as necessary
during the project.
3. The survey data shall be collected in accordance with the approved frequency and
immediately furnished to the Railroad Engineer for analysis.
4. If any movement has occurred as determined by the Railroad Engineer,the Railroad will
be immediately notified. Railroad,at its sole discretion,shall have the right to
immediately require all Contractor operations to be ceased and determine what
corrective action is required.Any corrective action required by the Railroad or
performed by the Railroad including the monitoring of corrective action of the
Contractor will be at project expense.
J. 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 and provide and
maintain any erosion control measures as required. The Contractor will promptly
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August 28,2017
EXHIBIT C
repair eroded areas within Railroad rights-of-way and repair any other damage to the
property of the Railroad or its tenants.
2. If,in the course of construction,it may be necessary to block a ditch,pipe or other
drainage facility,temporary pipes,ditches or other drainage facilities shall be installed
to maintain adequate drainage,as approved by the Railroad Engineer. Upon completion
of the work,the temporary facilities shall be removed and the permanent facilities
restored.
3. All such maintenance and repair of damages due to the Contractor's operations shall be
done at the Contractor's expense.
K. Storage of Materials and Equipment:
1. 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.
2. 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 losses, costs, expenses, claim or liability for loss 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.
L. Cleanup:
1. 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 Railroad Engineer or his authorized representative.
6. 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.
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.
7. FLAGGING SERVICES:
A. Requirements:
1. Flagging services will not be provided until the Contractor's insurance has been
reviewed&approved by the Railroad.
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August 28,2017
EXHIBIT C
2. Under the terms of the agreement between the Sponsor 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
personnel 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.
3. 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.
4. For Projects exceeding 30 days of construction,Contractor shall provide the flagmen a
small work area with a desk/counter and chair within the field/site trailer,including the
use of bathroom facilities,where the flagman can check in/out with the Project,as well
as to the flagman's home terminal. The work area should provide access to two(2)
electrical outlets for recharging radio(s),and a laptop computer;and have the ability to
print off needed documentation and orders as needed at the field/site trailer. This
should aid in maximizing the flagman's time and efficiency on the Project.
B. Scheduling and Notification:
1. The Contractor's work requiring Railroad flagging should be scheduled to limit the
presence of a flagman at the site to a maximum of 50 hours per week. The
Contractor shall receive Railroad approval of work schedules requiring a flagman's
presence in excess of 40 hours per week.
2. 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 Sponsor 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
Sponsor,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.
3. 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 Engineer a
copy; if notice is given verbally,it shall be confirmed in writing with copy to the
Engineer. If flagging is required,no work shall be undertaken until the flagman,or
flagmen are 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
Special Provisions for Protection of Railway Interests
August 28,2017
EXHIBIT C
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.
4. If, after the flagman is assigned to the project site, an emergency arises that
requires 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 Sponsor or
Railroad.
C. Payment:
1. The Sponsor will be responsible for paying the Railroad directly for any and all costs of
flagging which may be required to accomplish the construction.
2. The estimated cost of flagging is the current rate per day based on a 10-hour work day.
This cost includes the base pay for the flagman,overhead,and includes a per diem
charge for travel expenses,meals and lodging. The charge to the Sponsor 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.
3. 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 1 and 1/2 times the appropriate rate.
Work by a flagman in excess of 12 hours per day will result in overtime at 2 times
the appropriate rate. If work is performed on a holiday,the flagging rate is 2 and 1/2
times the normal rate.
4. Railroad work involved in preparing and handling bills will also be charged to the
Sponsor. Charges to the Sponsor by the Railroad shall be in accordance with
applicable provisions of Subchapter B, Part 140, Subpart I and Subchapter G, 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 costs are provided for
information only and are not binding in any way.
D. Verification:
1. Railroad's flagman will electronically enter flagging time via Railroad's electronic
billing system. Any complaints concerning flagging must be resolved in a timely
manner. If the need for flagging is questioned, please contact the Railroad Engineer.
All verbal complaints will be confirmed in writing by the Contractor within 5
working days with a copy to the Sponsor's Engineer. Address all written
correspondence electronically to Railroad Engineer.
2. The Railroad flagman assigned to the project will be responsible for notifying the
Sponsor 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 Sponsor's Engineer will
document such notification in the project records. When requested,the Sponsor's
Engineer will also sign the flagman's diary showing daily time spent and activity at the
project site.
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August 28,2017
EXHIBIT C
8. HAUL ACROSS RAILROAD TRACK:
A. Where the plans show or imply that materials of any nature must be hauled across Railroad's
track, unless the plans clearly show that the Sponsor has included arrangements for such
haul in its agreement with the Railroad,the Contractor will be required to make all necessary
arrangements with the Railroad regarding means of transporting such materials across
the Railroad's track. The Contractor or Sponsor will be required to bear all costs incidental to
such crossings whether services are performed by his own forces or by Railroad personnel.
B. No crossing may be established for use of the Contractor for transporting materials or
equipment across the tracks of the Railroad unless specific authority for its installation,
maintenance, necessary watching and flagging thereof and removal,until a temporary private
crossing agreement has been executed between the Contractor and Railroad. The approval
process for an agreement normally takes 90 days.
9. 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 Sponsor and the Railroad or will be covered by appropriate revisions to same
which will be initiated and approved by the Sponsor 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.
10. 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 therefore.
B. No charge or claim of the Contractor against either the Sponsor or the Railroad will be allowed
for hindrance or delay on account of railroad traffic; any work done by the Railroad or
other delay incident to or necessary for safe maintenance of railroad traffic or for any
delays due to compliance with these special provisions.
11. TRAINMAN'S WALKWAYS:
A. 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 feet from centerline of track,shall be
maintained. Any temporary impediments to walkways and track drainage encroachments or
obstructions allowed during work hours while Railroad'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
and must conform to AREMA and/or FRA standards.
12. GUIDELINES FOR PERSONNEL ON RAILROAD RIGHT-OF-WAY:
A. The Contractor and/or the Sponsor's personnel authorized to perform work on Railroad's
property as specified in Section 2 above are not required to complete Norfolk Southern Roadway
Special Provisions for Protection of Railway Interests
16
August 28,2017
EXHIBIT C
Worker Protection Training;However the Contractor and the Sponsor's personnel must be
familiar with Norfolk Southern's standard operating rules and guidelines,should conduct
themselves accordingly,and may be removed from the property for failure to follow these
guidelines.
B. All persons shall wear hard hats. Appropriate eye and hearing protection must be used.
Working in shorts is prohibited. Shirts must cover shoulders,back and abdomen. Working in
tennis or jogging shoes,sandals,boots with high heels,cowboy and other slip-on type boots is
prohibited. Hard-sole,lace-up footwear, zippered boots or boots cinched up with straps
which fit snugly about the ankle are adequate. Wearing of safety boots is strongly
recommended. In the vicinity of at-grade crossings, it is strongly recommended that
reflective vests be worn.
C. No one is allowed within 25' of the centerline of track without specific authorization from
the flagman.
D. All persons working near track while train is passing are to lookout for dragging bands,
chains and protruding or shifted cargo.
E. No one is allowed to cross tracks without specific authorization from the flagman.
F. All welders and cutting torches working within 25'of track must stop when train is passing.
G. No steel tape or chain will be allowed to cross or touch rails without permission from the
Railroad.
13. GUIDELINES FOR EQUIPMENT ON RAILROAD RIGHT-OF-WAY:
A. No crane or boom equipment will be allowed to set up to work or park within boom distance
plus 15' of centerline of track without specific permission from Railroad official and flagman.
B. No crane or boom equipment will be allowed to foul track or lift a load over the track without
flag protection and track time.
C. All employees will stay with their machines when crane or boom equipment is pointed toward
track.
D. All cranes and boom equipment under load will stop work while train is passing(including
pile driving).
E. Swinging loads must be secured to prevent movement while train is passing.
F. No loads will be suspended above a moving train.
G. No equipment will be allowed within 25' of centerline of track without specific
authorization of the flagman.
H. Trucks,tractors or any equipment will not touch ballast line without specific permission from
Railroad official and flagman. Orange construction fencing may be required as directed.
I. No equipment or load movement within 25' or above a standing train or Railroad
equipment without specific authorization of the flagman.
Special Provisions for Protection of Railway Interests
August 28,2017
EXHIBIT C
J. All operating equipment within 25' of track must halt operations when a train is passing.
All other operating equipment may be halted by the flagman if the flagman views the
operation to be dangerous to the passing train.
K. All equipment,loads and cables are prohibited from touching rails.
L. While clearing and grubbing, no vegetation will be removed from Railroad embankment
with heavy equipment without specific permission from the Railroad Engineer and flagman.
M. No equipment or materials will be parked or stored on Railroad's property unless specific
authorization is granted from the Railroad Engineer.
N. All unattended equipment that is left parked on Railroad property shall be effectively
immobilized so that it cannot be moved by unauthorized persons.
0. All cranes and boom equipment will be turned away from track after each work day or whenever
unattended by an operator.
P. Prior to performing any crane operations,the Contractor shall establish a single point of contact
for the Railroad flagman to remain in communication with at all times. Person must also be in
direct contact with the individual(s)directing the crane operation(s).
14. INSURANCE:
A. In addition to any other forms of insurance or bonds required under the terms of the contract
and specifications,the Prime Contractor will be required to carry insurance of the following kinds
and amounts:
1. a. Commercial General Liability Insurance having a combined single limit of not
less than$2,000,000 per occurrence for all loss,damage,cost and expense,including
attorneys'fees,arising out of bodily injury liability and property damage liability during
the policy period. Said policy shall include explosion,collapse,and underground hazard
(XCU)coverage,shall be endorsed to name Railroad specified in item A.2.c.below both
as the certificate holder and as an additional insured,and shall include a severability of
interests provision.
b. Automobile Liability Insurance with a combined single limit of not less
than$1,000,000 each occurrence for injury to or death of persons and damage to or loss
or destruction of property. Said policy or policies shall be endorsed to name Railroad
specified in item A.2.c. below both as the certificate holder and as an additional insured
and shall include a severability of interests provision.
2. Railroad Protective Liability Insurance having a combined single limit of not less than
$2,000,000 each occurrence and$6,000,000 in the aggregate applying separately to
each annual period. If the project involves track over which passenger trains operate,
the insurance limits required are not less than a combined single limit of$5,000,000
each occurrence and$10,000,000 in the aggregate applying separately to each annual
period. Said policy shall provide coverage for all loss,damage or expense arising from
bodily injury and property damage liability,and physical damage to property attributed
to acts or omissions at the job site.
Special Provisions for Protection of Railway Interests 18
August 28,2017
EXHIBIT C
The standards for the Railroad Protective Liability Insurance are as follows:
a. The insurer must be rated A-or better by A.M.Best Company,Inc.
NOTE: NS does not accept from insurers Chartis(AIG or Affiliated Company
including Lexington Insurance Company),Hudson Group or Liberty or
Affiliated Company,American Contractors Insurance Company and Erie
Insurance Company including Erie Insurance Exchange and Erie Indemnity
Company.
b. The policy must be written using one of the following combinations of
Insurance Services Office("ISO") Railroad Protective Liability Insurance Form
Numbers:
(1) CG 00 35 0196 and CG 28 31 10 93;or
(2) CG 00 35 07 98 and CG 28 3107 98;or
(3) CG 00 3510 01;or
(4) CG 00 3512 04;or
(5) CG 00 3512 07;or
(6) CG 00 35 0413.
c. The named insured shall read:
Norfolk Southern Corporation and its subsidiaries
Three Commercial Place
Norfolk,Virginia 23510-2191
Attn: Risk Manager
(NOTE: Railroad does not share coverage on RRPL with any other entity on
this policy)
d. The description of operations must appear on the Declarations,must match the
project description in this agreement,and must include the appropriate
Sponsor project and contract identification numbers.
e. The job location must appear on the Declarations and must include the city,
state,and appropriate highway name/number. NOTE:Do not include any
references to milepost,valuation station,or mile marker on the insurance
policy.
f. The name and address of the prime Contractor must appear on the
Declarations.
g. The name and address of the Sponsor must be identified on the Declarations as
the"Involved Governmental Authority or Other Contracting Party."
h. Endorsements/forms that rea required are:
(1) Physical Damage to Property Amendment
(2) Terrorism Risk Insurance Act(TRIA)coverage must be included
i. Other endorsements/forms that will be accepted are:
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August 28,2017
EXHIBIT C
(1) Broad Form Nuclear Exclusion—Form IL 00 21
(2) 30-day Advance Notice of Non-renewal or cancellation
(3) Required State Cancellation Endorsement
(4) Quick Reference or Index Form CL/IL 240
j. Endorsements/forms that are NOT acceptable are:
(1) Any Pollution Exclusion Endorsement except CG 28 31
(2) Any Punitive or Exemplary Damages Exclusion
(3) Known injury or Damage Exclusion form CG 00 59
(4) Any Common Policy Conditions form
(5) An Endorsement that limits or excludes Professional Liability coverage
(6) A Non-Cumulation of Liability or Pyramiding of Limits Endorsement
(7) An Endorsement that excludes TRIA coverage
(8) A Sole Agent Endorsement
(9) Any type of deductible endorsement or amendment
(10)Any other endorsement/form not specifically authorized in item no.2.h
above.
B. If any part of the work is sublet,similar insurance,and evidence thereof as specified in A.1 above,
shall be provided by or on behalf of the subcontractor to cover its operations on Railroad's right
of way.
C. All insurance required under the preceding subsection A shall be underwritten by insurers and be
of such form and content,as may be acceptable to the Company. Prior to entry on Railroad
right-of-way,the original Railroad Protective Liability Insurance Policy shall be submitted by the
Prime Contractor to the Department at the address below for its review and transmittal to the
Railroad. In addition,certificates of insurance evidencing the Prime Contractor's and any
subcontractors'Commercial General Liability Insurance shall be issued to the Railroad and the
Department at the addresses below,and forwarded to the Department for its review and
transmittal to the Railroad. The certificates of insurance shall state that the insurance coverage
will not be suspended,voided,canceled,or reduced in coverage or limits without(30)days
advance written notice to Railroad and the Department. No work will be permitted by Railroad
on its right-of-way until it has reviewed and approved the evidence of insurance required herein.
SPONSOR: RAILROAD:
Risk Management
Norfolk Southern Railway Company
Three Commercial Place
Norfolk,Virginia 23510-2191
D. The insurance required herein shall in no way serve to limit the liability of Sponsor or its
Contractors under the terms of this agreement.
E. Insurance Submission Procedures
1. Railroad will only accept initial insurance submissions via US Mail or Overnight carrier to
the address noted in C above. Railroad will NOT accept initial insurance submissions via
email or faxes. Please provide point of contact information with the submission
including a phone number and email address.
Special Provisions for Protection of Railway Interests
20
August 28,2017
EXHIBIT C
2. Railroad requires the following two (2) forms of insurance in the initial insurance
submission to be submitted under a cover letter providing details of the project and
contact information:
a. The full original or certified true countersigned copy of the railroad protective
liability insurance policy in its entirely inclusive of all declarations,schedule of
forms and endorsements along with the policy forms and endorsements.
b. The Contractor's commercial general, automobile, and workers'
compensation liability insurance certificate of liability insurance
evidencing a combined single limit of a minimum of $2M per occurrence
of general and $1M per occurrence of automobile liability insurance
naming Norfolk Southern Railway Company, Three Commercial Place,
Norfolk, VA 23510 as the certificate holder and as an additional insured
on both the general and automobile liability insurance policy.
3. It should be noted that the Railroad does not accept notation of Railroad
Protective insurance on a certificate of liability insurance form or Binders as
Railroad must have the full original countersigned policy. Further, please note that
mere receipt of the policy is not the only issue but review for compliance. Due to
the number of projects system-wide,it typically takes a minimum of 30-45 days for the
Railroad to review.
15. FAILURE TO COMPLY:
A. In the event the Contractor violates or fails to comply with any of the requirements of these
Special Provisions:
1. The Railroad Engineer may require that the Contractor vacate Railroad property.
2. The Sponsor's Engineer may withhold all monies due the Contractor on monthly
statements.
B. Any such orders shall remain in effect until the Contractor has remedied the situation to the
satisfaction of the Railroad Engineer and the Sponsor's Engineer.
16. PAYMENT FOR COST OF COMPLIANCE:
A. No separate payment will be made for any extra cost incurred on account of compliance
with these special provisions. All such costs shall be included in prices bid for other items of the
work as specified in the payment items.
17. PROJECT INFORMATION
A. Date: September 27, 2017
B. NS File No.: CX0085113
C. NS Milepost: D-126.75
D. Sponsor's Project No.:
Special Provisions for Protection of Railway Interests
August 28,2017
EXHIBIT D
CONSTRUCTION FORCE ACCOUNT ESTIMATE
Work to be Performed By: Norfolk Southern Railway Company
For the Account of: Richmond County
Project Description: Widening of CR 276 across NS
Location: Augusta,Richmond County,Georgia
Project No.: 323-04-296823603
Milepost: D-126.40
File: CX0085113
Date: August 10,2017
SUMMARY
ITEM A-Preliminary Engineering 0
ITEM B-Construction Engineering 25,286
ITEM C-Accounting 2,073
ITEM D-Flagging Services 59,161
ITEM E-Communications Changes 0
ITEM F-Signal&Electrical Changes 486,351
ITEM G-Track Work 106,765
ITEM H-T-Cubed 0
GRAND TOTAL $ 679,635
ITEM A-Preliminary Engineering
(Review plans and special provisions,
prepare estimates,etc.)
Labor: 0 Hours @$60/hour= 0
Labor Additives: 0
Travel Expenses: 0
Services by Contract Engineer: 0
NET TOTAL-ITEM A $
EXHIBIT D
ITEM B-Construction Engineering
(Coordinate Railway construction activities,
review contractor submittals,etc.)
Labor: 40 Hours @$60/hour= 2,400
Labor Additives: 1,886
Travel Expenses: 1,000
Services by Contract Engineer: 20,000
NET TOTAL-ITEM B $ 25,286
ITEM C-Administration
Agreement Construction,Review and/or Handling: 1,250
Accounting Hours(Labor): 15 Hours @$30/hour= 450
Accounting Additives: 373
NET TOTAL-ITEM C $ 2,073
ITEM D-Flagging Services
(During construction on,over,
under,or adjacent to the track.)
Labor: Flagging Foreman
60 days @ 310.00 per day= 18,600
(based on working 10 hours/day)
Labor Additive: 34,561
Travel Expenses,Meals&Lodging:
60 days @$100/day= 6,000
Rental Vehicle 0 months @$950/month= 0
NET TOTAL-ITEM D $ 59,161
ITEM E-Communications Changes
Material: 0
Labor: 0
Purchase Services: 0
Subsistence: 0
Additive: 0
NET TOTAL-ITEM E $ -
EXHIBIT D
ITEM F-Signal&Electrical Changes
Material: (see attached summary) 149,973
Labor: (see attached summary) 148,305
Purchase Services: 0
Other: (see attached summary) 188,073
NET TOTAL-ITEM F $ 486,351
ITEM G-Track Work
Material: (see attached summary) 63,042
Labor: (see attached summary) 9,000
Additive: (see attached summary) 16,723
Purchase Services: (see attached summary) 18,000
NET TOTAL-ITEM G $ 106,765
ITEM H-T-CUBED
Lump Sum $ -
NOTES
1.For all groups of CONTRACT employees,the composite labor
surcharge rate used in this estimate(including insurance)
is 185.81%. Self Insurance-Public Liability Property
Damage is estimated at 16.00%. Work will be billed at
actual current audited rate in effect at the time the
services are performed.
2.For all groups of NON-CONTRACT employees,the composite
labor surcharge rate used in this estimate(including
insurance is 78.59%. Self Insurance-Public Liability
Property Damage is estimated at 16.00%. Work will be
billed at actual current audited rate in effect at the
time the services are performed.
3.All applicable salvage items due the Department will be
made available to it at the jobsite for its disposal.
4.The Force Account Estimate is valid for one(1)year
after the date of the estimate(08/10/2017). If the work is
not performed within this time frame the Railway may
revise the estimate to(1)include work not previously
indicated as necessary and(2)reflect changes in cost
to perform the force account work.
••=173iiws
EXHIBIT D 07-Feb-17
--
Detailed Estimate for Grade Crossing Warning Devices
City/State: AUGUSTA, GA Road: MARVIN GRIFFIN ROAD
MilePost: D-126.75 DOT/AAR: 732969H
State Proj. No.: County: RICHMOND
S&E Proj. No.: 03.1214 File Number: 061-03.0504
Man Days: 200
***Purchases - Others***
Meals and Lodging: $41,035.68
Rental of Equipment: $56,095.62
(2 Trucks, 1 Backhoe w/Trailer
and 1 Pipe-Pusher for 50 Days)
Construction Supervision Vehicle: $8,580.75
Purchases-Other Total: $105,712.05
***Material And Additives***
Material Cost: $127,095.00
Sales and Use Tax: $10,168.00
Material Handling Freight: $12,709.52
Material Total: $149,972.52
***Labor And Additives***
Labor Cost: $96,600.00
(6 man crew at$1,932.00 a day for: 50 days)
Payroll Tax&Overheads: $82,361.16
Preliminary Engineering: $23,488.00
Construction Supervision: $28,216.86
Labor Total: $230,666.02
Project Cost: $486,350.59
Scrap/Salvage Credit: $0.00
Project Total: $486,351.00
Estimated on: 07-Feb-17 Estimated by: bf2cc
Estimate valid for 1 year from date of estimate
EXHIBIT D
Existing Crossing
Georgia Division DOT Number: 732-969H
Augusta,Richmond County,Georgia Milepost: D-126.40
ESTIMATE FOR CROSSING IMPROVEMENT(CONCRETE CROSSING SURFACE)
Widening of CR 276 across NS
1 TRACK(S); 68 CROSSING LENGTH
MA ER L QUANTITY ! UNIT UNIT COST AMOt.UI1`ii ,
SURFACE MATERIAL(Concrete) 72 TRK.FT. 300.00 21,600
ASPHALT(BY CONTRACTOR) 77 TONS 165.00 12,784
RAIL,136-LB RE 160 LIN FT. 23.00 3,680
TRANSITION RAIL 4 EA. 1140.00 4,560
INSULATED JOINTS 0 EA. 550.00 0
RAIL ANCHORS 288 EA. 1.50 432
SPIKES 3.0 KEG 115.00 345
TIE PLATES 144 EA. 12.00 1,728
CROSSTIES(10') 45 EA. 75.00 3,375
CROSSTIES(GRADE 5) 27 EA. 55.00 1,485
BALLAST AND GRAVEL 121 TONS 35.00 4,235
'i GEOTEXTILE 88 LIN FT. 7.00 616
THERMITE WELDS 8 EA. 650.00 5,200
ASPHALT(DISPOSAL) 0 LUMPS 5000.00 0
TOTAL (INCLUDES 5%INVENTORY OR TAX ADDITIVES) 63,042
REMOVE EXISTING CROSSING 70 MAN HOURS 25.00 1,750
REHABILITATE TRK.STRUCTURE 140 MAN HOURS 25.00 3,500
HI INSTALL NEW CROSSING 150 MAN HOURS 25.00 3,750
TOTAL 9,000
,. , ..,.O1HERiEM
Rail 0.0 TON 70 0
Scrap 0.0 TON 70 0
0
COMPOSITE LABOR ADDITIVE(185.81) 16,723
EQUIPMENT RENTAL &TRANSPORTATION 18,000 ;
PRELIMINARY&CONSTRUCTION ENGINEERING SERVICES AND INVOICE 0
TOTAL (Billed to Project Sponsor) $106,765
ESTIMATE BASED ON TRAFFIC CONTROL AND BARRICADES BEING PROVIDED BY
OTHERS,AND FULL CLOSURE OF ROAD. PAVING BY CONTRACTOR.
This estimate is valid for one(1)year after the date of estimate.If work is not performed within this
time frame the Railway may revise the estimate to include work not previously deemed necessary.
This estimate shall not be considered as an approval for a temporary crossing.Information provided is an
estimation of the anticipated cost for the construction of the crossing only. All temporary construction
crossings require a separate approval from Norfolk Southern's General Manager and Division Superintendent,
a separate stand alone temporary construction crossing agreement with associated real estate fees,
and all required insurances as noted in the in the temporary construction crossing agreement.
OFFICE OF CHIEF ENGINEER,BRIDGES AND STRUCTURES-ATLANTA,GEORGIA
Frida Jul
,;; y y 21,2017 File:CX0085113
EXHIBIT C
CONTRACTOR WORKING ON BEHALF OF PROJECT SPONSOR
COSTS REIMBURSED BY PROJECT SPONSOR
NS FILE:CX0085113
CENTRAL OF GEORGIA
CONTRACTOR RIGHT OF ENTRY AGREEMENT
WHEREAS, Reeves Construction Company CPrincipal") has requested that Central of Georgia
Railroad Company("Company")permit Principal to be on or about Company's premises and/or facilities
at or in the vicinity of Company Milepost D-126.75 at or near Augusta, Richmond County, Georgia(the
"Premises")for the sole purpose of widening the existing Marvin Griffin Road at-grade crossing (DOT#
732969H), on behalf of Augusta-Richmond County(the"Project Sponsor")during the period
141A)U 4/1-1 [ 5 , 20 f , to:bc'f m ac!L 3 l , 20 (the"Right of Entry").
WHEREAS, Company is willing to grant the Right of Entry subject to the terms and conditions set forth
herein.
NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration,the
receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, the
parties hereby agree as follows.
Company hereby grants Principal the Right of Entry. The Right of Entry shall extend to Principal and to
subcontractors and other entities affiliated with Principal who are specifically approved for entry by
authorized representatives of Company in writing, as well as to the officers and employees of the
foregoing (collectively"Licensees"). The Right of Entry shall apply to those portions of the Premises, and
to such equipment, machinery, rolling stock and other personal property and fixtures belonging to
Company or otherwise located on the Premises, only to the extent specifically designated and approved
in writing by authorized representatives of Company(collectively, "Designated Property").
Principal agrees:
(i) that Licensees'access to the Premises shall be limited to the Designated Property and
that Principal shall be liable and fully responsible for all actions of Licensees while on the
Premises pursuant to the Right of Entry;
(ii) that Licensees shall (a) be subject to Company's direction when upon the Premises, and
(b) be subject to Company's removal from the Premises, in Company's sole discretion,
due to negligence, misconduct, unsafe actions, breach of this agreement or the failure to
act respectfully, responsibly, professionally, and/or in a manner consistent with
Company's desire to minimize risk and maintain its property with maximum security and
minimum distractions or disruptions or for any other lawful reason;
(iii) that Licensees shall perform all work with such care, diligence and cooperation with
Company personnel as to reasonably avoid accidents, damage or harm to persons or
property and delays or interference with the operations of any Company's facilities and in
accordance with Company's"Special Provisions for Protection of Railway Interest",
attached and incorporated herein.
(iv) to give Company's officer signing this agreement, or his or her authorized representative,
advance notification of the presence of Licensees on Designated Property in accordance
with Company's"Special Provisions for Protection of Railway Interest";
(v) to indemnify and save harmless Company, its officers, agents and employees from and
against any and all claims, demands, losses, suits,judgments, costs, expenses(including
without limitation reasonable attorney's fees)and liability resulting from (a) injury to or
death of any person, including without limitation the Licensees, and damage to or loss of
any property, including without limitation that belonging to or in the custody of Licensees
(the"Licensee Property"), arising or in any manner growing out of the presence of either
the Licensees or the Licensee Property, or both, on or about the Premises, regardless of
EXHIBIT C
whether negligence on the part of Company, its officers, agents or employees caused or
contributed to said loss of life, personal injury or property loss or damage in whole or in
part; (b)any alleged violation of any law, statute, code, ordinance or regulation of the
United States or of any state, county or municipal government(including, without
limitation,those relating to air, water, noise, solid waste and other forms of environmental
protection, contamination or pollution or to discrimination on any basis)that results in
whole or in part, directly or indirectly, from the activities of Licensees related in any way
to their presence on the Premises or from any other act or omission of Licensees
contributing to such violation, regardless of whether such activities, acts or omissions are
intentional or negligent, and regardless of any specification by Company without actual
knowledge that it might violate any such law, statute, code, ordinance or regulation; (c)
any allegation that Company is an employer or joint employer of a Licensee or is liable for
related employment benefits or tax withholdings; or(d)any decision by Company to bar
or exclude a Licensee from the Premises pursuant to subsection (ii)(b)above;
(vi) to have and keep in effect the appropriate kinds of insurance as listed in the Company's
"Special Provisions for Protection of Railway Interest, with insurance companies
satisfactory to Company, during the entire time Licensees or Licensee Property, or both,
is on the Premises: and to provide certificates of insurance showing the foregoing
coverage, as well as any endorsements or other proper documentation showing and any
change or cancellations in the coverage to the Company officer signing this agreement or
to his or her authorized representative;
(vii) to reimburse Company for any costs not covered under the existing project agreement
between the Company and the Project Sponsor, including any material, labor,
supervisory and protective costs(including flagging)and related taxes and overhead
expenses required or deemed necessary by Company because of the presence of either
Licensees or Licensee Property on the Premises;
(viii) to exercise special care and precautions to protect the Premises and equipment,
machinery, rolling stock and other personal property and fixtures belonging to Company
or otherwise located on the Premises(whether or not constituting Designated Property)
and to avoid interference with Company's operations;
(ix) to not create and not allow drainage conditions which would be adverse to the Premises
or any surrounding areas;
(x) to refrain from the disposal or release of any trash, waste, and hazardous, dangerous or
toxic waste, materials or substances on or adjacent to the Premises and to clean up or to
pay Company for the cleanup of any such released trash, waste, materials or
substances; and
(xi) to restore the Premises and surrounding areas to its original condition or to a condition
satisfactory to the Company officer signing this agreement or to his or her authorized
representative(ordinary wear and tear to rolling stock and equipment excepted)upon
termination of Licensees' presence on the Premises.
As a part of the consideration hereof, Principal further hereby agrees that Company shall mean not only
Norfolk Southern Railway Company but also Norfolk Southern Corporation and any and all subsidiaries
and affiliates of Norfolk Southern Railway Company or Norfolk Southern Corporation, and that all of
Principal's indemnity commitments in this agreement in favor of Company also shall extend to and
indemnify Norfolk Southern Corporation and any subsidiaries and affiliated companies of Norfolk
Southern Railway Company or Norfolk Southern Corporation and its and/or their directors, officers,
agents and employees.
EXHIBIT C
It is expressly understood that the indemnification obligations set forth herein cover claims by Principal's
employees, agents, independent contractors and other representatives, and Principal expressly waives
any defense to or immunity from such indemnification obligations and/or any subrogation rights available
under any applicable state constitutional provision, laws, rules or regulations, including, without limitation,
the workers'compensation laws of any state. Specifically, (i) in the event that all or a portion of the
Premises is located in the State of Ohio, the following provision shall be applicable: "Principal,with
respect to the indemnification provisions contained herein, hereby expressly waives any defense or
immunity granted or afforded it pursuant to Section 35,Article II of the Ohio Constitution and Section
4123.74 of the Ohio Revised Code"; and (ii)in the event that all or a portion of the Premises is located in
the Commonwealth of Pennsylvania, the following provision shall be applicable: "Principal,with respect
to the indemnification provisions contained herein, hereby expressly waives any defense or immunity
granted or afforded it pursuant to the Pennsylvania Workers'Compensation Act, 77 P.S. 481".
This agreement shall be governed by the internal laws of the Commonwealth of Virginia,without regard to
otherwise applicable principles of conflicts of laws. If any of the foregoing provisions is held for any
reason to be unlawful or unenforceable,the parties intend that only the specific words found to be
unlawful or unenforceable be severed and deleted from this agreement and that the balance of this
agreement remain a binding enforceable agreement to the fullest extent permitted by law.
This agreement may be amended only in a writing signed by authorized representatives of the parties.
Reeves Construction Company CENTRAL OF GEORGIA RAILROAD
COMPANY
Nam f Principal
By By104)01)k' A -01.1..;t6
Title , i'LmAktt'c✓ Title 0�e n`e —Ck.k cr,&3
Date <juviu.uyN S'�` , 20 ) Date r �r � 2-020
y