2003/11/12 Council Agenda Packet

2 FORM APPROVED BY VP-LAW EXHIBIT "C" CONTRACTOR REQUIREMENTS 1.01 General • 1.01.01 The Contractor shall cooperate with THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, hereinafter referred to as "Railway" where work is over or under on or adjacent to Railway property and/or right-of-way, hereafter referred to as "Railway Property", during the construction of the 41s`Street overhead highway bridge. • 1.01.02 The Contractor shall execute and deliver to the Railway duplicate copies of the Exhibit "C-1" Agreement, in the form attached hereto, obligating the Contractor to provide and maintain in full force and effect the insurance called for under Section 2 of said Exhibit"C-1". • 1.01.03 The Contractor shall plan, schedule and conduct all work activities so as not to interfere with the movement of any trains on Railway Property. • 1.01.04 The Contractor's right to enter Railway's Property is subject to the absolute right of Railway to cause the Contractor's work on Railway's Property to cease if, in the opinion of Railway, Contractor's activities create a hazard to Railway's Property,employees, and/or operations. • 1.01.05 The Contractor is responsible for determining and complying with all Federal, State and Local Governmental laws and regulations, including,but not limited to environmental laws and regulations (including but not limited to the Resource Conservation and Recovery Act, as amended; the Clean Water Act, the Oil Pollution Act, the Hazardous Materials Transportation Act, CERCLA), and health and safety laws and regulations.The Contractor shall be responsible for and indemnify and save Railway harmless from all fines or penalties imposed or assessed by Federal, State and Local Governmental Agencies against the Railway which arise out of Contractor's work under this Agreement. • 1.01.06 The Contractor shall notify the City of Everett, Washington and Railway's Manager Public Projects, telephone number (206) 625-6146 at least thirty (30) working days before commencing any work on Railway Property. Contractors notification to Railway, shall refer to Railroad's file Everett,WA. -41'overhead bridge. • • 1.01.07 For any falsework above any tracks or any excavations located, whichever is greater, within twenty-five (25) feet of the nearest track or intersecting a slope from the plane of the top of rail on a 1 '/2 horizontal to 1 vertical slope beginning at eleven (11) feet from centerline of the nearest track, both measured perpendicular to center line of track, the Contractor shall furnish the Railway five sets of working drawings showing details of construction affecting Railway Property and tracks. The working drawing shall include the proposed method of installation and removal of falsework, shoring or cribbing, not included in the contract plans and two sets of structural calculations of any falsework, shoring or cribbing. All calculations shall take into consideration railway surcharge loading and shall be designed to meet American Railway Engineering and Maintenance-of-Way Association (previously known as American Railway Engineering Association) Coopers E-80 live loading standard.All drawings and calculations shall be stamped by a registered professional engineer licensed to practice in the state the project is located. The Contractor shall not begin work until notified by the Railway that plans have been approved. The Contractor shall be required to use lifting devices such as, cranes and/or winches to place or to remove any falsework over Railway's tracks. In no case shall the Contractor be relieved of responsibility for results obtained by the implementation of said approved plans. 21 1 Form 0102 Rev. 8/02