HomeMy WebLinkAbout2025-153 AGRMT Central Oregon & Pacific Railroad, Inc. RR Proiect#:CORP-0000024
CENTRAL OREGON & PACIFIC RAILROAD, INC.
CONSTRUCTION AND MAINTENANCE AGREEMENT
RR MILEPOST 428.70
CITY OF ASHLAND, COUNTY OF JACKSON, STATE OF OREGON
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT (this "Agreement") made this
day of 2025("Effective Date"), by and between the City of Ashland, hereinafter called
"Agency" and Central Oregon &Pacific Railroad, Inc., hereinafter called "Railway":
WITNESSETH:
WHEREAS, in the interest of public safety and aiding motor vehicle and pedestrian traffic, Agency
proposes roadway improvements including a new sidewalk at existing public crossing of North
Mountain Avenue at Railway's Milepost 428.70, DOT#756418T, hereafter called "Project"; located
in the City of Ashland, State of Oregon; and
WHEREAS, Agency is willing to undertake the expense for the Project as detailed in Exhibit B,
except as provided in Section I. (C) of the Agreement; and
WHEREAS, attached hereto and hereby made a part hereof as Exhibit A is a Project Print showing
the type, size and location of the Project; and
WHEREAS, Railway is willing to coordinate and cooperate with Agency to permit construction of the
Project upon the terms and conditions herein stated and not otherwise; and
WHEREAS, said Project shall be constructed in accordance with full plans and full designs which
shall be subject to the mutual approval of Railway and Agency.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is mutually
agreed as follows
I. Performance of Work
Agency and Railway will each perform various items of work as described below:
A. WORK TO BE PERFORMED AND MATERIALS FURNISHED BY EITHER AGENCY OR ITS
CONTRACTOR AT AGENCY EXPENSE.
1. Project Plans & Specifications and Construction
Except as otherwise herein provided, furnish all plans, engineering, supervision,
labor, material, supplies and equipment necessary for construction of the Project.
2. Maintenance of Roadway Traffic
Bear responsibility for all roadway traffic detours, maintenance of roadway traffic, and
all other roadway modifications, permanent or temporary, necessary for the Project.
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3. Schedule& Notification
Provide Project construction schedule and notify Railway(a)fifteen (15) days prier
to the date Railway is to provide flagging services and (b)twenty (20) days prior to
date construction is to begin. Thereafter, Agency will implement the entire Project
in accordance with the mutually agreed upon schedule.
B. WORK TO BE PERFORMED AND MATERIALS FURNISHED BY RAILWAY AT AGENCY
EXPENSE,
1. Flagging
Railway will schedule and perform flagging and furnish requested services and
devices during construction operations of Agency or its contractor, as deemed
necessary by Railway. Any flagging cost or protective services performed by
Railway or its contractor shall be at Agency's expense. Flagging costs are to be
paid directly to the flagging service provider by Agency or Agency's contractor.
2, Construction Engineering_and Engineering Inspection
Perform engineering services, including submittal reviews, project coordination,
and construction inspection, including field and office work and preparation of
invoices for the Project.
3. At-Grade Warning Device and Crossing Surface Construction
Construction of the at-grade crossing surface, automatic warning devices, and all
other improvements within the Railway Right of Way as set forth on Exhibit A.
C. COSTS AND PAYMENTS.
Railway's financial contribution to the total Project cost shall be zero percent (0%) of the
total Project cost, or ZERO U.S. DOLLARS AND NOS100($0.00) based upon the confirmed
construction contract amount as set forth on Exhibit B. The total Project cost may be
modified by amendment with the mutual consent of Agency and Railway. In the interest of
clarity and to avoid ambiguity the flagging services provided pursuant to Section I. (B)(1)
are not included in the total project cost and will be paid directly by Agency or Agency's
contractor.
il. Construction Plans and Specifications
Agency or its contractors shall perform its work in accordance with detailed plans and specifications
which shall be prepared by Agency or its contractors and submitted to Railway for approval of those
sections that are applicable to Railway's right-of-way,facility or operations. No work pursuant to said
plans and specifications shall be performed on the right-of-way of Railway prior to receipt of notices
to proceed given by Railway to Agency or its authorized representatives. Nothing provided in this
Agreement with respect to said plans and specifications shall be construed or deemed to be a
ratification or adoption by Railway of either or both said plans as its own.
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III. Traffic Protection, Safety and Flagging
All work herein provided for, to be done by Agency or its contractors on Railway's right-of--way, shall
be performed at such time and in such manner as not to interfere unreasonably with the movement
of trains or traffic upon the tracks of Railway. Agency or its contractors shall enter into a "Right of
Entry Agreement"with Railway prior to the first entry onto Railway's right-of-way, such Right of Entry
Agreement to be provided by Railway upon request. Agency or Agency's contractor shall reimburse
Railway for one hundred percent (100%) of the actual costs related to flagging per Section I. (13)(1)
of this Agreement. Railway will submit bills for flagging and other protective services and devices
during the progress of the work contemplated by this Agreement, Railway may bill the Agency
monthly or periodically for its force account when costs exceed One Thousand dollars($1,000).
Whereverthe safeguarding of trains ortraffic of Railway is mentioned in this Agreement, it is intended
to cover and include all users of Railway's tracks having permission for such use.
IV. Conditions, Restrictions, and Limitations
All the aforementioned rights are granted subject to the terms, provisions, conditions, restrictions,
limitations, covenants, reservations and exceptions contained in this Agreement, including, without
limitation,those set forth in the Right of Entry Agreement,Attachment 2(Roadway Worker Protection
'raining Policy) and Attachment 3 (Contractor Safety Rules), each as attached hereto and by this
reference incorporated herein; Agency and its contractors, in the exercise of the rights and in the
conduct of the Project, shall and will do, keep, observe and perform each and all of the terms,
provisions, conditions, restrictions, limitations, covenants, reservations and exceptions thereof.
Agency shall ensure that its contractor(s) obtain and provide to Railway evidence that such
contractor(s) have procured the insurance coverage described in Exhibit C, hereto attached,
covering their work on Railway's property in connection with the Project.
Agency agrees that at no time shall it file or permit the filing of a lien or liens upon the property of
Railway related to the Project. If, at any time during the progress of the Project, at the time of
acceptance of this Agreement or thereafter, any indebtedness due a subcontractor of Agency has
become or may become a lien or liens upon said work, equipment or materials, Agency shall
immediately, upon request from Railway pay such claim or indebtedness or cause such lien to be
dissolved and discharged by giving a bond, or otherwise. In the case of its failure to do so, Railway
may suspend the use of its property until such claim or indebtedness is paid or may apply such
money toward the discharge thereof or assert and enforce a claim against Agency for such claim or
indebtedness, or declare this Agreement to be cancelled, take possession and control of the Project
and complete the same or cause the same to be completed in accordance with the terms and
conditions hereof.
V. Intentionally Omitted
VI. Funding and Signatory Warranty
Agency acknowledges that it has available all funds necessary to complete the Project, including
the reimbursement of Railway for the estimated costs, as set forth in the initial estimate (Exhibit
B).
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Each party to this Agreement certifies that its signatory has the authority to enter into this
Agreement on its behalf.
VII. Term, Ownership, and Maintenance Responsibilities
The term of this Agreement commences on the Effective Date and shall continue for a period not
to exceed the earlier of the condition precedent in Section IX. (B), if it occurs, or twenty-eight(28)
months after either (i) the date construction commences within Railway's Right-of-Way or (ii)
completion of the construction of the Project, as determined by Railway and subject to Section
IX. (C). Agency's and Railway's obligations under Sections X. and Xi. (B) shall survive the term
of this Agreement.
Upon completion of the Project, Railway, at Railway's expense, will be responsible for the future
maintenance of Railway's track infrastructure.
Vill. Assignment
Neither party has the right to assign this Agreement without the consent of the other. Notwithstanding
the foregoing, this Agreement shall inure to the benefit of and be binding on the parties hereto, their
successors and permitted assigns.
IX. Construction
A. The parties acknowledge that time is of the essence in the completion of the Project.
B. Agency shall complete all construction for the Project within twenty-eight(28) months of the
Effective Date. If construction has not commenced within twenty-four(24) months after the
Effective Date, this Agreement becomes null and void.
C. If construction has commenced and is not complete within twenty-eight (28) months of the
Effective Date,Agency shall provide Railway a timeline for the completion of the construction,
Railway will review and determine if amendments to the terms of this Agreement, including
Exhibit B, or supplemental agreements are required prior to the completion of construction.
X. Indemnity
As a material inducement for entering into this Agreement, and without which Railway would not
enter into the same, Agency covenants and agrees that:
A. AGENCY SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS RAILWAY, ITS
PARENTS, AFFILIATES, SUBSIDIARIES, AND THE OFFICERS, DIRECTORS,
SHAREHOLDERS, AGENTS AND EMPLOYEES OF EACH("RAILWAY INDEMNITEES")
FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LOSSES, DAMAGES,
CAUSES OF ACTION, SUITS, AND LIABILITIES OF EVERY KIND (INCLUDING
REASONABLE ATTORNEYS' FEES, COURT COSTS, AND OTHER EXPENSES
RELATED THERETO) FOR INJURY TO OR DEATH OF A PERSON OR FOR LOSS OF
OR DAMAGE TO ANY PROPERTY WHATSOEVER (INCLUDING BUT NOT LIMITED
TO PROPERTY OWNED BY OR IN THE CARE, CUSTODY, OR CONTROL OF
RAILWAY INDEMNITEES, AGENCY OR ITS DESIGNEES), ARISING OUT OF OR IN
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CONNECTION WITH ANY WORK DONE, ACTION TAKEN OR PERMITTED BY THE
AGENCY, ITS CONTRACTORS, AGENTS OR EMPLOYEES UNDER THIS
AGREEMENT AND/OR IN ANY WAY ARISING UNDER OR RELATED TO THE
PROJECT OR THIS AGREEMENT EXCEPT FOR CLAIMS ARISING OUT OF THE SOLE
NEGLIGENCE OR WILLFUL MISCONDUCT OF RAILWAY.
IT IS STIPULATED BY THE PARTIES THAT RAILWAY INDEMNITEES OWE NO DUTY
TO AGENCY, ITS CLIENT, OR THEIR DIRECTORS, OFFICERS, EMPLOYEES,
AGENTS OR INVITEES TO PROVIDE A REASONABLY SAFEWORK PLACE AND
THAT ALL PARTIES ENTERING ONTO RAILWAY PROPERTY DO SO AT THEIR SOLE
RISK.
B. Agency shall be responsible for all damages and expenses on account of injuries,
(including death)to, and property damage of, any of its employees, agents,subcontractors
or representatives while on the property of Railway and shall indemnify, defend and hold
Railway Indemnitees harmless from all claims of damage or suits which may arise, except
and only to the extent that such claims, losses, damages or expenses are caused by the
sole negligence or willful misconduct of Railway Indemnitees.
C. IN NO EVENT SHALL RAILWAY INDEMNITEES OR AGENCY BE LIABLE TO THE
OTHER FOR ANY PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL
DAMAGES.
XI. Cancellation of Project; Termination of Agreement: Remedies
A. If Agency determines it is necessary to cancel the Project for any reason, Agency may
terminate this Agreement by delivery of written notice to Railway. Upon Railway's receipt
of such notice, Railway shall proceed to stop work.
B. Agency shall reimburse Railway for (i) all reasonable costs and expenses incurred in
returning Railway's property to its original condition to Railway's reasonable satisfaction,
and (ii) any of Railway's expenses incurred in connection with its provision of flagging and
protective services up until the time of termination.
C. Any delays in or failure of performance by either party under this Agreement will not
constitute default or give rise to any claims for damages or penalties if the delay or failure
is directly caused by a Force Majeure Event. A"Force Majeure Event" means any of the
following and any other event, which are events, circumstances, or conditions beyond the
reasonable control of the parties, including, without limitation, acts of God, riots, wars
(whether declared or not), equipment malfunction, derailments, civil disturbances, civil
disobedience, insurrections, acts of terrorism, sabotage, rockslides, landslides,
snowslides, avalanches, earthquakes, explosions, floods, fire, underground damage,
lightning, sustained abnormal weather conditions or other natural catastrophes and/or
strikes, work slowdown, lockouts or other industrial disturbances, pandemics, epidemics,
health emergencies, viruses (e.g. SARS Cov-2), disease (e.g. COVID-19), plague,
changes in law or regulations, quarantine, travel restrictions, differing or unforeseeable
site conditions, acts of governmental agencies or authorities(whether or not such acts are
made in response to other Force Majeure Events), whether or not of a similar kind or
nature to any of the foregoing. The parties agree that a Force Majeure Event does not
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include economic hardship, changes in market conditions, or insufficiency of funds. Under
no circumstances shall an obligation to pay monies owed under this Agreement be
delayed, deferred, postponed or excused by a Force Majeure Event.
XI1. General Provisions
SOLE BENEFIT. This Agreement is intended for the sole benefit of the parties hereto. Nothing in
this Agreement is intended or may be construed to give any person,firm, corporation, or other entity,
other than Railway Indemnitees, the parties' successors and permitted assigns, any right or benefit
pursuant to any provision or term of this Agreement, and all provisions and terms of this Agreement
are and will be for the sole and exclusive benefit of the parties to this Agreement.
WAIVER. Any waiver at any time by one party of a breach hereof by the other party will extend only
to the particular breach so waived and will not impair or affect the existence of any provision,
condition, obligation, or requirement of this Agreement or the right of either party hereto thereafter to
avail itself of any rights under this Agreement with respect to a subsequent breach. No provision of
this Agreement shall be waived by any act or knowledge of the parties hereto, but only by a written
instrument signed by the party waiving a right hereunder.
SEVERABILiTY. If any part of this Agreement is determined to be invalid, illegal or unenforceable,
such determination shall not affect the validity, legality or enforceability of any other part of this
Agreement and the remaining parts of this Agreement shall be enforced as if such invalid, illegal or
unenforceable part were not contained herein.
MERGER. This Agreement and the exhibits attached hereto contain the entire agreement of the
parties with respect to the subject matter of this Agreement, and supersede all prior negotiations,
agreements and understandings with respect thereto, written or oral.
AMENDMENT. No provision of this Agreement shall be modified without the written concurrence of
the parties hereto.
HEADINGS. The headings of the Sections of this Agreement are inserted for convenience only and
are not intended to govern, limit or aid in the construction of any term or provision of this Agreement.
CONSTRUCTION OF TERMS. The terms of this Agreement have been arrived at after mutual
negotiation and,therefore, it is the intention of the parties that its terms be not construed against any
of the parties by reason of the fact that it was prepared by one of the parties.
GOVERNING LAW. This Agreement will be construed in accordance with the laws of the state
where the work is performed.
COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which
may be deemed an original for any purpose.
SURVIVAL. Agency's and Railway's indemnity obligations shall survive the expiration or
termination of this Agreement along with any other right or obligation that is, by its express terms
or nature and context, intended to survive.
The following is a list of the attachments:
RR Proiect#:C€3RP-0000024
Exhibit A—Project Plan Set
Exhibit B—Rail Services Cost Estimate
Exhibit C Insurance Requirements
Attachment 1 —G&W Code of Ethics and Conduct
Attachment 2—Roadway Worker Protection Training Policy
Attachment 3—Contractor Safety Rules
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the
day and year hereinafter written.
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WITNESS: CITY OF ASHLAND
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Authorized Representative Signature
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Authorized Representative ( int) /Title
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WITNESS: CENTRAL OREGON &PACIFIC
RAILROAD, INC,
DAVID FRANK UN IR.-Proddwt-81M=51.40:06 PM
Authorized Representative Signature
Authorized Representative (print) /Title
Exhibit A a
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Exhibit B
Rail Services Cost Estimate
Force Account Estimate Estimate to Complete
Railroad: Central Oregon&Pacific Railroad,Inc.(CORP) Region: American
Agency: City of Ashland,OR State: OR
DOT#: 75641 BT COUNTY: Jackson
ROADWAY: N Mountain Ave CITY: Ashland
DESCRIPTION: GEC IS for support of the crossing modifications at CORP MP 428.7.Tasks include project research,
correspondence,plan reviews,RR site surveys,crossing surface/signal construction,construction submission
reviews,biweekly site inspections,project controls,agency invoicing,and project closeout tasks.
AGENCY PROJECT NUMBER: TBD ESTIMATE SUBJECT TO REVISION AFTER: 05120125
PRELIMINARY ENGINEERING:
Contracted&Administrative Engineering Services $ 33,000
Subtotal $ 33,000
CONSTRUCTION&CLOSEOUT:
Contracted&Administrative Engineering Services $ 83,600
Subtotal $ 83,600
FLAGGING SERVICE:
Flagging for Agency Contractor DIRECT PAID
Flagging for Railroad Vendors $ 20,300
Subtotal $ 20,300
UTILITY WORK:
Power Service $ _
Other $
Subtotal $
CONTRACT WORK:
Outside Services $ -
Design&Labor&Material $ 880,118
Subtotal $ 880,118
RAILROAD TRACK:
Labor&Material $
Subtotal $ _
RAILROAD SIGNAL&COMMUNICATION:
Labor&Material $
Subtotal $
PROJECT SUBTOTAL: $ 1,017,018
Contingencies: 10.00e/ $ 101,702
Public Project Admin: 6.00e/ $ 67,123
PROJECT TOTAL: •«*.**+**.*.**.,++..............+::..*.............." $ 1,185,843
CURRENT AUTHORIZED BUDGET: AA**kA°***••**"......******.**.+..at.+.+*.++.+....... $ 33,000
TOTAL SUPPLEMENT REQUESTED; ""*"**"*"**"***'******"***"**"*********"**'**+++++* $ 1,152,843
DIVISION OF COST:
Agency 100.00% $ 1,185,843
Railroad 0.00% $ -
NOTE: Estimate is based on FULL CROSSING CLOSURE during work by Railroad Forces&Contractors.
This estimate has been prepared based as site conditions,,anlidpaled mi-k duration periods,material prices,labor rates,manpower and resource availablllty,and other faclors known as or the dale
prepared,The actual cast rer the ra Broad pork may Wfer teased upon the agency's mquPremenls,(heir contractor's work procedures,andlor other eondkians that become appareol core congim0r n
cemrrrences or during.the progress orlhe nark.
Estimated prepared by: KeS Approved by: Public Project Department
DATE: 08120124 REVISED: 11126124 DATE: 11121124
RR Proiect#:CORP-0000024
Exhibit C
Insurance Requirements
The coverages and limits required hereunder shall include the liability assumed by the named insured
under the indemnification provisions contained in the Agreement between the Agency and Railway
covering work to be performed upon or adjacent to Railway's property Mile Lost 428.70: summarized
herein below for convenience:
AGENCY SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS RAILWAY, ITS
PARENTS, AFFILIATES, SUBSIDIARIES, AND THE OFFICERS, DIRECTORS,
SHAREHOLDERS, AGENTS AND EMPLOYEES OF EACH ("RAILWAY INDEMNITEES")
FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LOSSES, DAMAGES, CAUSES
OF ACTION, SUITS, AND LIABILITIES OF EVERY KIND (INCLUDING REASONABLE
ATTORNEYS' FEES, COURT COSTS, AND OTHER EXPENSES RELATED THERETO)
FOR INJURY TO OR DEATH OF A PERSON OR FOR LOSS OF OR DAMAGE TO ANY
PROPERTY WHATSOEVER (INCLUDING BUT NOT LIMITED TO PROPERTY OWNED
BY OR IN THE CARE, CUSTODY, OR CONTROL OF RAILWAY INDEMNITEES, AGENCY
OR ITS DESIGNEES), ARISING OUT OF OR IN CONNECTION WITH ANY WORK DONE,
ACTION TAKEN OR PERMITTED BY THE AGENCY, ITS CONTRACTORS, AGENTS OR
EMPLOYEES UNDER THIS AGREEMENT AND/OR IN ANY WAY ARISING UNDER OR
RELATED TO THE PROJECT OR THIS AGREEMENT, EXCEPT FOR CLAIMS ARISING
OUT OF THE SOLE NEGLIGENCE OR WILLFUL MISCONDUCT OF RAILWAY.
IT IS STIPULATED BY THE PARTIES THAT RAILWAY INDEMNITEES OWE NO DUTY TO
AGENCY, ITS CLIENT, OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR
INVITEES TO PROVIDE A REASONABLY SAFEWORK PLACE AND THAT ALL PARTIES
ENTERING ONTO RAILWAY PROPERTY DO SO AT THEIR SOLE RISK.
Without limiting the obligations of Agency in the foregoing paragraphs of this Exhibit C, the parties agree
that the following coverages are material requirements of this Agreement and such coverages shall not
be limited by Agency's inability to indemnify and hold harmless Railroad Indemnitees under applicable
laws and regulations:
(a) Agency shall, at its own cost and expense, prior to entry onto the property of Railway(the"Property")
or the commencement of any work pursuant to this Agreement, procure and thereafter maintain
throughout the term of this Agreement the following types and minimum amounts of insurance:
0) Agency shall maintain Public Liability or Commercial General Liability Insurance
("CGL") including Contractual Liability Coverage and CG 24 17"Contractual Liability-
Railroads" endorsement, covering all liabilities assumed by Agency under this
Agreement, without exception or restriction of any kind, with a combined single limit
of no less than two million dollars ($2,000,000) for bodily injury and/or property
damage liability per occurrence, and an aggregate limit of no less than six million
dollars ($6,000,000) per annual policy period. Such insurance policy shall be
endorsed to provide a Waiver of Subrogation in favor of Railway Indemnitees and
shall name Railway Indemnitees as Additional Insureds. An Umbrella or Excess
policy may be utilized to satisfy the required limits of liability under this section but
must"follow form"and afford no less coverage than the primary policy.
(ii) Agency shall maintain Commercial Automobile Insurance for all owned, non-owned
and hired vehicles with a combined single limit of not less than one million dollars
($1,000,000) for bodily injury and/or property damage liability per occurrence. Such
insurance policy shall be endorsed to provide a waiver of subrogation in favor of
Railway Indemnitees and shall name Railway Indemnitees as Additional Insureds.
(iii) Agency shall maintain Statutory Workers' Compensation and Employers' Liability
Insurance for its employees (if any) with minimum limits of no less than one million
dollars ($1,000,000) for bodily injury by accident, each accident; one million dollars
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($1,000,000)for bodily injury by disease, policy limit; one million dollars ($1,000,000) 3
for bodily injury by disease, each employee. Such insurance policy shall be endorsed
to provide a waiver of subrogation in favor of Railway Indemnitees.
(iv) Prior to construction within fifty (50) feet of the Railway's tracks, Agency shall
purchase Railroad Protective Liability Insurance naming Railway Indemnitees as the
named insureds with limits of two million dollars ($2,000,000) each occurrence and
six million dollars ($6,000,000) aggregate limit. The policy shall be issued on a
standard ISO form CG 00 35 12 03 or, if available, obtain such coverage from
Railway.
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(b) The following general insurance requirements shall apply: f
0) The specified insurance policies must be affected under standard form policies underwritten
by insurers licensed in the state where work is to be performed and carry a minimum Best's
rating of"A-"and size"Class VII"or better. Railway reserves the right to reject as inadequate
any insurance coverage provided by an insurer that is rated less than the ratings specified in
this section.
(Ei) All coverages shall be primary and non-contributory to any insurance coverages maintained
by Railway Indemnitees.
(lii) All insurance policies shall be endorsed to provide Railway with thirty (30) days prior written
notice of cancellation, non-renewal or material changes.
(iv) Agency shall provide Railway with certificates of insurance evidencing the insurance
coverages, terms and conditions required prior to commencement of any activities on or
about the Property.Said certificates should reference this Agreement by date and description
and shall be furnished to Railway at the following address, or to such other address as
Railway may hereafter specify:
Central Oregon & Pacific Railroad, Inc. (COPR); Attm Public Projects Consultant: Alfred
Benesch & Company, 4614 Red Fox Road, Oshkosh, WI 54904 AND Central Oregon &
Pacific Railroad, Inc., Attn: Jason Sims, 333 S.E. Mosher, Roseburg, OR 97470.
(v) If any policies providing the required coverages are written on a Claims-Made basis, the
following shall apply:
a. The retroactive date shall be prior to the commencement of work.
b. Agency shall maintain such policies on a continuous basis.
c. If there is a change in insurer or policies are cancelled or not renewed, Agency shall
purchase an extended reporting period of not less than three (3) years after the
Agreement expiration or termination date.
d. Agency shall arrange for adequate time for reporting of any loss under this Agreement.
C. Railway may require Agency to purchase additional insurance if Railway reasonably determines that
the amount of insurance then being maintained by Agency is insufficient in light of all relevant factors, If
Agency is required to purchase additional insurance, Railway will notify Agency. Failure of Agency to comply
within thirty (30) days shall be considered a default subject to termination of the Agreement.
d. Furnishing of insurance by Agency shall not limit Agency's liability under this Agreement but shall be
additional security therefor.
e. The above indicated insurance coverages shall be enforceable by any legitimate claimant after the
termination or cancellation of this Agreement, or any amendment hereto, whether by expiration of time, by
operation of law or otherwise,so long as the basis of the claim against the insurance company occurred during
the period of time when the Agreement was in effect and the insurance was in force.
f. Failure to provide the required insurance coverages or endorsements (including contractual liability
endorsement) or adequate reporting time shall be at Agency's sole risk
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g. If contractors are utilized by Agency, Agency agrees to require all such contractors to comply with the
insurance requirements of this Exhibit C.
Agency shall keep said insurance in full force and effect until all work to be performed upon or adjacent to the
Property under this Agreement is completed to the satisfaction of and accepted by Railroad and thereafter
until Agency has fulfilled the provisions of this Agreement with respect to the removal of tools, equipment and
materials from the Property.
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Attachment 1
GWI CODE OF ETHICS AND CONDUCT
GWI Code of Ethics and Conduct: This document is located online at
https: //www.gwrr. com/wp-content/uploads/2021/05/Cade-of-Ethics-
2020-EXTERNAL-INTERNATIONAL-VERSION-Final .pdf
I certify that I have reviewed and understand the GWI Code of Ethics and Conduct and agree to
abide by this Code for the duration of this Agreement while performing services for Central Oregon
& Pacific Railroad, Inc.
City of Ashland
Printed Name, Title
Signature
,3 b
Date
ATTACHMENT 2
ROADWAY WORKER PROTECTION TRAINING POLICY
Railroad and Contractor have a mutual interest in providing a safe workplace for the employees of both
parties and in maintaining the integrity and security of Railroad's facilities and property(the"Property").
To help ensure this goal, Railroad has instituted a training program for all employees of Contractor or its
subcontractor(s) seeking admission to the Property (the "Program"). These employees must successfully
complete the Program.Contractor shall cause its employees,and shall cause its subcontractor to require its
employees, to successfully complete the Program on an annual basis, at their sole cost and expense, prior
to their admission onto the Property. The Program will be available on-line and administered by a third
party on behalf of GWI. The cost per employee certification attempt is $90.00 USD, payable via credit or
purchasing card.
To access the G&W Roadway Worker Protection Training for Railroad Contractors Course on the RailPros
Learning Management System. please follow these instructions:
• Start at website https://railpros.com/trainingz
• Click on the"Online Classes"button
• Select the G&W course by clicking on the course name
• Fill out all of the fields on the payment page and submit
• Enter names or emails of those who will be taking the class.
• Users will receive further registration and access instructions via email
• Upon successful system registration,users will be directed to start training.
All employees of the Contractor or its subcontractor(s) will be required to submit a copy of their training
certification to the railroad personnel managing the applicable project.
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Attachment 3
Contractor Safety Rules
ro E S#
CONTRACTOR
SAFETY
RU LES
Issued to all North American Subsidiaries of
Genesee & Wyoming Inc.
Effective Apra) t,2002
Revised Dec.31,2006
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t-4ENE-EE&W 0Mal.G iltya_ C-OMTRACTOR SA PET%'RULE
Index.
Index:............................................................................................................................................_.................--............1
lurroduction:.................................................._...................................................--...................,..............................--.....2
ContractorResponsibifides:................-.......................................................................................................................2
Igffilitiorj,:...................................................................---..........................................................................................3
1._icciderrtrh4imy Requirements:..................................................................................................................................4
2.Pe-rsonalPr•otectNeEquipment.............................................................................................................................._..4
a.Safew Foohvear:...................................................................•.......---..............._..........--....--.............--..,,------......-..-4
b.Eve Protection regniremeats:.................................................................................................................................4
aHeating Protection:......... ............................................................................................................................4
d-Respiratory Protection......................................................_....................................................,.............................A
e.Protective Clothing...............................................................................................................................................A
€.High-`iSibility Ghorksvexr.......................................................................................................................................4
3. Travkhry 0?.Equipmenr..................... ..............................................................................................................------5
4-Leap Clear of Suspended Load:or CableslChains rider rension:...........................................................................5
3-Itieeping Clear of Eleertieal Wires:..............................................................................._.._.......-.--......--........--...,--------5
6.Working With Tooh:................................................................................................................................................5
7, TCorkingAroundOn-TmckEquipment;...................................................................................................................5
S..lvo0ing Potential Ha:arils:.....................................................................................................................................5
ACrossing Tracks:......................................................................................................................._........--.................,...6
10-Jlorking Near Moving Trains:....................................................•--.--.............--.......,........--..........................--..-.-..-..6
11.A orking Near StandhrgRailroad EquipnterrG......................................................................... ...............................6
12. Ji or-kingln or-Near Tunnels—Ott Bridges or Tr-estfes:..........................................................................................6
13_Action to take(f'Sgf r Passage of a n•abr is at risk:.....................................................................................-..........-•6
14.Protection ll-hou Fouling or Working on a Track.......................................................................,............................7
13,Returning Track to Service:..................................................................................................,..................................7
1d.Lrtcrfocking,5sitcfres sritlnin TCorkArea:...............................................................................................................7
17.Flag Prorartion is Required Mum:.........................................................................................................................7
IS-Fouling Tiack..................................................................................................................................._.................._..7
a. Action Required Prior to 1>suance:-----.................................................................................................................7
b. Pertnisuou to Foul a Track:.......................................................--.......................................................................8
c. Clearing Fouled Track..........................................................................................................................................8
1 A.Seen-Prefautions:n6n working fa yw*and on tracks:..................................................._.............................-8
20_Erupho eehr Charge:............................----.......................................................................... .....,.........................
8
'1. itirtchmet,.............................................••.--..,......-..................................................................._.........................-,--..9
s__CleariVControlfed Track:...................................................................................................._...............................9
?3-Working On Nou-Carrtrolled Industrial and Fard Tracks..............-------................_..............................................10
24.iTorkr}rg,iratutd.5effPropelladEquipruent:.........................................................................................................10
2 -Roadway hfaimenermee Afarhina Operators........................................................................-..-.............................-10
1 Revised Dec.31,2006
Index:
A"ox'............................................................
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/mrmmomx,-............................................................................................................. _..........._............ .................
cxx^»muoripvvsimmm.—............................— .................................................................................................7
omYmmo ...........................................__................................... ........... _...........
...
............................
^� ------'--'--_.------------'--.4
2.m"son /Protective sq"pmex" .......—......... -------------_--'_----_----_--^
a.Safety po"hv""r— .................................. --......................... ...............................—_..........
...................4
b.Eye Protection requirements:........-----....................................................................
........
......
_ .......*
C.Hearing srOtEcuou...................—. ..................................................... ... ....................... ........................ —A
&RemoamryPm*ectiow'_._—'_---'-------_--__'--_—'---_---'_--4
e.rmtenr,o*unEg................................................ .......................................................................................... 4
` -----_—'---'--.-------__—_—_----_----_�
°"="2r""fn"m»enr...............—.......... ................................................ --_......................................
_�
4.acip Clem «yaunm"md Loads moaNa:,-ca000umdo,mxamn .......... ..............................................................5
5.xo6pvg Clear n/Elec,icm/Mires......................................................................................_...... 5
uwmkinnWith T"oE:.............. ......................................---------'—'--------------5
cnFo^kii;ffAynwjxmf-oockzqxipmant,--'-- .................................................--...................................--5
uAvoidingPoic,maaas^d�/.................................................................................................................... .....5
P. ----'—.—'--------'--'---__------a
^, ................................ ................................................_—.....................................
11 lTw kingYcar otawamg Railroad Equipment....................................................—..............................................a
I" msxvxm.......................................................................................6
/yA^mon io takejf5*u —'-----'—'---------------'--'---6
14.enuommn7° nwmbixonu Track/..............................._ ........................................................7
1 i.R^m, om Track momnvre:................................. ------'------_—'----------'--7
/oaxmlockingn"/rrhe'sv01hmnork.l,ea:—.........................................................................................................,
1r*nag.Pmreomxi,,Required o7re,.......................—............................. .....................................................—.7
IS-Fouling Track................. .................................. ............ .....—..................................................... --__r
a. A�.Au13 Required Prior mL-msnco ............ --... _.................................................. —..... ................—.7
b. veinn^aoum Foul o Track:..........----- ........ .................................... ..... _--_---_—____o
v, clearin!!Fouled Track.................--...... --..........................------._------'—_-----m
/v»«fe^aa-aomxn/ /.......................................................................... --s
:o briploj ee In omrg°................................................ ......___.......................................................................
—............................................... ........... .................................................................................
_o
Cle"rinx(opmoll, Trn, ........... ................... —.............................................................. ...............................»
:3n*)-king nw Non cowp oiled ooaa*«, and nao/oackz.........---................. ......................................m
24. 00i*ing.1mmmxeton=p~llear«oip=mt:...............---................ ............................................................m
25.Romdvt ayxmmm," e-Afa,m.eVvuo for ---......... --- .............................. --......... ------ ...... -10
RR Protect#:CORP-0000024
Introcfaction:
These rules apply to contractors performing maintenance,repair or specialty work on or about
railroad property;on other properties the railroad is responsible for andlor on properly directly
adjacent to the railroad track.
They do not apply to contractors providing incidental services that do not influence safety, such
as janitorial services,food&drink services,laundry,or other supply services_
Contractor Responsibilities:
1_ All contractor employees must be trained in the work practices necessary to safely
perform his or her job_
2. Document that each contractor employee has received and understands the purpose
of the Genesee&Wyoming Inc.Contractor Safety Rules.
The contractor must prepare a record,which contains the identity of the
contractor employee,the date of the training and means used to verify that the
employee understood the training.
3. Ensures that each contractor employee follows the railroad's safety rules and
procedures.
4. The contractor must advise the railroad of any hazards presented by the contractor's
work when they occur-
5- Unless otherwise provided in the contract,the contractor is responsible for restoring
ballast,filling holes created when replacing ties and removing all debris generated as
a result of the work that is being performed.Permanent or temporary safety
precautions must be in place each day prior to the contractor leaving the worksite.
These safety precautions are the responsibility of the contractor when providing
hazard protection.
6. All applicable transportation department rules apply to contractors when rail cars are
involved in the project i.e.(Riding on equipment,3 Points of Contact,3 Step
Protection,Getting on or off equipment.)
7. All pertinent railroad safety rules and regional procedures must be reviewed prior to
the commencement of work on railroad property_
8. All contractor employee injuries and all railroad property damaged by the contractor
must be reported to the regional railroad's claims office and the Genesee&Wyoming
Inc_claims office located in Rochester,NY at(716)463-3406. All reports must be
completed in accordance to FRA Reporting requirements.
2 Revised Dec.31,2006
RR Project#:CORP-0000024
Definitions;
Flagman:An employee designated to direct or restrict the movement of trains at a point on
track to provide on-track protection for Roadway Workers.This employee must be qualified on
the railroad's operating rules, roadway worker safety;and may not perform any other duties.
Foul Time:A method of establishing working limits through exclusive use of the track in which
notification is given and recorded by the train dispatcher or Mock operator to an employee that
no trains will operate within a specific segment of controlled track during a specific time period,
and the required blocking devices have been placed on the control machine to protect the track
fouled. Foul time must remain in effect until the employee to whom the foul time was issued has
reported clear of the track.
Fouling A Track:The location of an individual or equipment in such proxiniity to a track that the
individual or equipment could be struck by a moving train or on-track equipment,or whenever
an individual or equipment is within four(4)feet of the field side of the near running rail.
Inaccessible Track:A method of establishing working limits on non-controlled track by
preventing access to the working limits.
Lone Worker: An indNidual employee who is not being afforded On-Track Protection by
another employee,who is not a member of a gang,and is not engaged in a common task with
another employee.
Restricted Speed: Prepared to stop within one-half the range of vision-short of a train,
obstruction,or switch improperly lined.Be on the lookout for broken rail
Roadway Maintenance Machine:Powered equipment,other than by hand,which is being
used on or near the track for maintenance,repair,construction or inspection of track;bridges;
roadway:or signal,communication,or electric traction systems.These machines may have
road or rail wheels or may be stationary.
Roadway Maintenance Work Train:A train that is being operated within working limits in
conjunction with roadway maintenance, construction or repairs,under the direction of a
designated employee in charge.
Roadway Worker: An employee,or employee of a contractor whose duties include inspection,
construction,maintenance or repair of track,bridges,roadway,signal and communication
systems,electric traction systems,roadway facilities or roadway maintenance machinery on or
near track with the potential of fouling a track,and flagmen and watchmen affording on track
protection.
Track Centers: The distance from die centerline of one track to the centerline of an adjacent
track-
Gage:The distance 14 ft.8 1/2 inches)between track rails,
l--lear of Tracks. Minimum clearance of at least four feel outside the rail of all tracks,and not
between main tracks.
Blue Flag Protection: A method of providing protection for people who work on,under,or
between railroad rolling stock,-freight cars,locomotives,etc.
3 Revised Dec.31,20D6
RR Praiect#:CORP-0000024
i,EEiE`EE
?.AccidenVinjury Requirements:
The contractor is required to have an employee qualified to give first aid.If a contractor
employee is injured while working on railroad property,he or she should be given first aid at
once.Medical assistance should be obtained as soon as possible if further care is needed.
2. Personal Protective Equipment
a.Safety Footwear.
Employees whose duties require them to work on or about tracks or equipment are
required to wear leather laced type shoes that cover the entire foot.These shoes
must be at least six inches high,and have safety toes,must have a defined heel of
not more than 1 %inches in height and must have oil resistant soles.
Shoes that are excessively worn or,do not provide ankle support,have thin, loose or
smooth soles must not be worn.
b, Eye Protection requirements:
• Safety glasses must be worn at all times while on railroad property.Protect your
vision by wearing safety eyewear with side shields that are clean and properly fitted.
• If you wear corrective lenses,you must wear either approved prescription safety
glasses with side shields or cover-all type goggles over your personal glasses:
• Do not face welding,heating,or grinding operations unless you are wearing
appropriate eye protection.
• If you are perfomring work near electric(arc)welding or cutting operations,wear a
welding helmet if a welding helmet is not available,move a safe distance from the
operation.
c.Hearing Protection:
Wear hearing protection when you are welding,cutting,or exposed to flying sparks
frorn these operations.Sparks from welding ar cutting can bum your inner ear.
Wear hearing protection when working in high noise areas in accordance with the
railroad's hearing conservation policy,hereby attached.
d Respiratory Protection
Wear respiratory protection when you are exposed to furries,dust,mist,or vapor.
e.Protective Clothing(
Wear protective gloves and clothing when you are handling or working on a wet cell
battery,handling,pouring,or using acids,toxic substances,or solvents or,handling
creosote nkiterials.
f,High-visibility Workwear
All contractors are required to wear approved high-visibility workwear when they are on
duty or on the Company property. Such high-visibility workwear must be worn as the
outemrost layer of clothing.
i. High-visibility workwear must be approved by the Regional Director of Safety and may
consist of a vest, coveralls, T-shirt or other clothing of the prescribed color
(yellowlgreen or orange)equipped with reflective striping as follows:a horizontal band
around the waist,two vertical bands and/or an"X"on the back,and two vertical bands
in front from the waist to the top of the shoulders. Stripes must be of silver or yellow
reflective material and be at least 2 inches(5 cm)in width.
ii_ Vests must be properly sized and constructed with tear-away features as approved by
the Regional Director of Safety.
4 Rev{ced Dec.31,2006
RR Project#:CORP-0000024
iii. Defective, damaged or lost workwear must be reported immediately to your
supervisor and replaced before reporting for duty.
iv. Exceptions:
(a.) High-visibility workwear is not required when you are in these locations:
• Lunchroom;
• Locker room;
• Inside vehicles,
• Inside railway passenger cars;
• Inside locomotive cabs.,or
+ Offices.
(b) "then employees are working on locomotives or other equipment inside shop
buildings, high-visibility workwear is recommended, All employees working
outside of shop buildings require approved high-visibility workwear,
(c.) Accommodations for unusual conditions will be at the discretion of the Regional
Director of Safety.
2. Working On Equipment:
Do not operate or ride on any equipment unless it is in the performance of your duties and you
have been property authorized to do so. Do not jump from equipment,platforms,or other
elevated places. Use steps or a ladder.
4. Keep Clear of Suspended Leads or Cables/Chains tinder tension:
a Keep clear of suspended loads.
b. Stand clear when chains,cables or other tackle in under tension.
5. Keeping Clear of Electrical Wires:
Keep at least 12 feet away from a dangling wire or any object that may be in contact with an
electrical Current.Keep others away until qualified personnel are notified and take charge.
NOTE Qualified personnel are employees or contractors who have been trained or qualified tU
work with electricity.
6.Working With Tools:
a. Do not modify tools.
b. Before you use any tool,examine it for defects. Report any defects to your immediate
supervisor.
c. Defective tools must not be used.
7. Working Around On-Track Equipment:
Expect locomotives, cars and track maintenance equipment to move on any track,in either
direction, at any time.Therefore,employees must look in both directions before crossing tracks-
S.Avoiding Potential Hazards:
Example Employees should avoid walking,stepping,resting foot on or sifting on rails,frogs,
switches,guardrails,pipe or interlocking apparatus or connections.
5 Revised Dec.31,2006
RR Protect#:CORP-0000024
_ -_T RULE_
9. Crossing Tracks:
Employees must not cross tracks closer than 50 feet from standing locomotives and cars.
10. Working Near Moving Trains:
a. Employees should never carry objects on their shoulders when they are near moving
trains-
b. Employees should not cross in front of moving trains or equipment.
c. Placement of Material Near Tracks.
• Employees should place toolboxes,test equipment and other objects not less than
25 feet from the nearest track_Place all lid apparatus so that lid will open toward
track and be secured in place.
• When perfomning work near tracks,arrange all tools,material,equipment or other
objects so that a moving train or equipment will not strike them_
11. Working Near Standing Railroad Equipment:
Employees should keep themselves and material clear of and never lean against,sit on,or
otherwise rest on standing railroad equipment.
12. Working in or Near Tunnels—On Bridges or Trestles:
a. Employees must move to a safe location when a train or equipment moves past their
work location in tunnel or on bridges,trestles or overpasses.
b. Employees working in tunnels must be protected by railroad watchmen and must occupy
safety manholes when a train approaches.Employees nest secure loose clothing and
maintain handhold if possible until train has passed.
c. Walking in tunnels or on bridges,trestles and overpasses should be avoided whenever
possible_
• When an employee must walk through a tunnel or across a bridge,trestle or
overpass the employee must look both ways and confirm with railroad personnel that
they are properly protected and that he or she can safely complete the walk through
the tunnel or across the bridge,trestle or overpass before any moving rail equipment
passes through the tunnel or over that bridge,trestle or overpass.
• Extra care must be taken when crossing open floor bridges or trestles_
13.Action to take if Safe Passage of a train is at risk:
If an event occurs that would interfere with the safe passage of trains,the employee must take
immediate action to stop trains by radio communication to trains or the person in charge of the
track. If protection cannot be immediately ensured,or if communications fail,flag protection
must be immediately provided as prescribed by the railroad's rules-
6 Revised Dec.31,200&
RR Proiect#:CORP-0000024
14.Protection When Fouling or Working on a Track:
a. Trains must be fully protected against any known condition that may interfere with their
safe passage.
b_ If work on or adjacent to a track will create a condition interfering with the safe passage
of trains,that work must not be attempted without permission of the employee in charge
of the track.
c. arm Main Tracks or where Interlocking rules are in effect,protection is required in
accordance with railroad operating and safety rules.
15.Returning Track to Service:
When track is to be returned to service,the employee in charge must take the following actions:
a. Notify the Dispatcher or railroad supervisor responsible for the safety of the track of any
restrictions necessary for the safe passage of trains.
b_ Ascertain that all track cars and trains are dear of the track,and notify the Dispatcher or
railroad supervisor responsible for the safety of the track that they are clear.
c. An employee designated by the railroad must inspect the track prior to operating trains.
16. Interlocking Switches within Work Area:
Dispatchers controlling interlocking switches within the Work Area must line such switches for
movements within the Work Area and must apply blocking devices to the controls of those
switches.These blocking devices must not be removed without permission of the employee in
charge of the Work Area.This reclOrement does not relieve employees operating within the
Work Area from complying with interlocking signal indications.
17. Flag Protection is Required When:
a. Work is being performed by others not hired by railroad and the work is being performed
on railroad property or adjacent to railroad right of way.
b. Work is being performed by entities hired by the railroad and the work is being
performed within 75ft from the center the track.
19.Fouling Track
Whenever foulin track the folio-wing procedures will apply:
n. Action Required Prior to Issuance:
Before fouling a track,the employee in charge must determine that no trains have been
authorized to move in the direction of the point to be fouled,and must ensure that Stop Signals
have been displayed and blocking devices applied by the dispatcher to controls of Switches and
signals leading to the affected track to be protected-
7 Revised Dec.31,2006
RR Project#:C3RP-0000024
1). Permission to Foul a Track:
Permission to ford a track must include the following information:
1. Designation of track to be fouled
2, Location of fouling(mile posts)
3. Time limit for fouling(beginning time and ending time)
Permission must be repeated by the receiving employee and confirmed by the
Dispatcher or railroad supervisor responsible for track safety before it is acted upon.
c. Clearing Fouled Track.
1. Stop all equipment and vehicles on the right of way while the train is passing
2. Stay clear until you are not�fied that it is safe to resume work
19. Safety Precautions: When working in yards and on tracks:
a. Keep at least JO feet from passing trains and equipment,if possible_ Face the direction
from which the train is approaching.Watch for projecting,dragging,or falling objects.
b. Do not perfoml v;ork that will interfere with the safe passage of trains.
c. Inspect all passing trains to detect a dangerous condition.
d. Cross tracks at least 50 feet from standing locomotives or Cars.
e. Do not cross between cars standing less than 50 ft. apart.
f. Give hand signals for movement of work train or wreck train Only if YOU:are a member of
the train cret-_ E CEPTION: Emercipricy stop sic rtals inny be given by an one
20. Employee In Charge:
The employee in charcle is responsible fortaking charge of the work performed by assembled
gangs and arranging protection for the gangs.
The employee in charcle is responsible for the safebl,instruction,and performance of all
employees under his or herjurisdiction_
The employee in charge advises the foremen of the assembled gangs haw each of them:-ill
protect the safety of the employees under their direction.
The employee in charge is also responsible for.
a. Ensuring that employees comply:with all applicable rules
Take the track out of service,or get verbal permission to temporarily foul the track
according to operating rules-
b. if employees are too scattered to hear the watchman's tearing whistle or horn,assign
advance(additional)watchmen as needed.
c. If bad weather limits visibility,use additional protective measures as needed.
8 Revised Qec.31,2006
RR Project#:CORP-0000024
21. Watchmen:
Responsibilities:
The employee in charge assigns watchmen to watch for approaching trains and warn
employees to clear the tracks. If a watchman has not been assigned,the employee in charge
acts as a watchman.
Follow these precautions if you have been assigned as a vatchman:
a_ Give your full attention to watching for trains and gaming employees.
b. Do not perform any other duties,even momentarily.
c. If you do not have a full view of trains approaching in either direction,or if you cannot
give your full attention to your duties as watchman,signal employees to clear the tracks.
d. Do not leave your station until the employee in charge determines that protection is no
longer necessary,or the employee in charge has assigned another watchman who is in
position and watching for approaching trains.
Watchman Duties:
Watchmen are responsible for watching for approaching trains and signaling employees to clear the
tracks. If a watchman has not been assigned,the employee in charge acts as a watchman.A
watchman's duty is to watch. Fallow these procedures when you are performing the duties of a
watchman:
When a train approaches from either direction,v:am employees in time for them to clear track at
least'15 seconds before the train approaches the point of work.
NOTE: You may need to give additional warnings around noisy operations_
Example:Sounding a whistle or blowing a horn_
22. Clearing Controlled Track:
Follow this procedure for clearing on a Controlled Track,which is any track shoran in the
timetable as being under the control of a Dispatcher or Block Operator_
a. Clear all tracks,if possible, keeping at least 50 feet from passing trains and equipment.
b. If you cannot dear all tracks;
• Clear the track on which the train is approaching and the adjacent tracks.
• Watch for trains in both directions and determine the track on which other trains will
approach_Clear enough tracks so that you will not be trapped.
c. If you are operating equipment within the garde of the track adjacent to the track being
cleared,dismount the equipment and clear the track.
9 Revised Dec.31,2006
RR Praiect#:CORP-0000024
21. Watchmen.
Responsibilities:
The employee in charge assigns Evatchmen to watch for approaching trains and warn
employees to clear the tacks. If a vealchman has not been assigned,the employee in charge
acts as a watchman.
Follow these precautions if you have been assigned as a watchman:
a_ Give your tull attention to watching for trains and warning employees.
b. Do not perform any other duties,even momentarily-
C. If you do not have a full view of trains approaching in either direction,or if you cannot
give your full attention to your duties as watchman,signal employees to clear the tracks.
d. Do not leave your station until the employee in charge deter -rines that protection is no
longer necessary,or the employee in charge has assigned another watchman who is in
position and watching for approaching trains_
Watchman Duties:
Watchmen are responsible for watching for approaching trains and signaling employees to clear the
tracks. If a watchman has not been assigned,the employee in charge acts as a watchman.A
watchman's duty is to watch. Folkyw these procedures when you are performing the duties of a
v:atchman:
When a train approaches from either direction,wam employees in time for them to clear track at
least 15 seconds before the train approaches the point of,,pork.
NOTE: You may need to give additional%earnings around noisy operations_
Example_Sounding a whistle or blowing a horn.
22. Clearing Controlled Track:
Follow this procedure for clearing on a Controlled Track,which is any track shown in the
timetable as being under the control of a Dispatcher or Block Operator.
a. Clear all tracks,if possible, keeping at least 50 feet from passing trains and equipment.
b. If you cannot clear all tracks:
• Clear the track on vrhich the train is approaching and the adjacent tracks.
• Watch for trains in both directions and determine the track on which other trains will
approach_Clear enough tracks so that you%rill not be trapped.
C. If you are operating equipment within the gage of the track adjacent to the track being
cleared.dismount the equipment and clear the track.
9 Rcvifed Dec.31,2Q06
RR Project#:CORP-nn00024
23. Working On Non-Controlled Industrial and Yard Tracks
Follow these procedures when working on and clearing Non-Controlled Track(Industrial,Yard,
or any other track not controlled by a Dispatcher:
Make the working limits inaccessible to trains,engines or other on track equipment using one of
the following procedures.
f. A switch lined and effectively secured in one of the following ways:
• With a private lock on switches that will accommodate them.
• Properly secured switch point clamp.
• Driven spikes or wedges that require special tools to remove them.
2. Portable derail with flag.
24. Working Around Self Propelled Equipment:
Follow these safety precautions when working on or around self-propelled equipment_
a. Use the handrail when getting on,riding on,and getting off equipment_Maintain three
points of contact..
b. Do not get on or off moving equipment.
c. When working near or observing equipment:
I. Perform a Job Safety Briefing and communicate with the operator of the equipment to
cover the following:
• Operating procedures.
• Location of employees working around equipment.
• Operator blind spots_
• Signal to warn that equipment will move.
2. When your duties require you to be around the equipment,you must maintain a 50-
foot safe area from the equipment.
3. If your duties require you to be within the N-foot safe area of the equipment,perform
those duties from the location established in your communication with the operator.
25.Roadway Maintenance Machine Operators
Follow these precautions when operating self propelled equipment
a. Communicate with employees in the vicinity of the equipment and cover,
• Normal operating procedures including operato(s blind spots.
• Test the brakes immediatety after starting.
• Do not allow anyone to distract you or interfere with your duties.
• Constantly look out for obstructions or unsafe conditions in the direction you are
moving.
• If you cannot see ahead or behind,designate another employee to keep a lookout
for you.
N Revised Dec.31,2006
RR Projeet#:CORP-0000024
The undersigned has read and understands these Genesee & Wyoming "Safety
Guidelines for Contractors and Non--GWRR Personnel":
Printed Name, Titl
ignatur
3/ 6, 5
Date
Contractor Safety Rules